Hodgkin, R. Implementation Handbook for the Convention on the Rights of Child. Third ed. Unicef: Geneva , p 83— Convention on the Rights of the Child, articles 19, 20, 32, 37; the Constitution, sections 18, 28, A child must be protected from any mental and physical violence, injustice, negligence, careless or cruel treatment or exploitation and sexual or other type of abuse. A child like an adult has complete right to dignity.
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Any kind of violence, not mental or physical, targeted towards children is not justified. Therefore a child has the right not to be physically mistreated and to be protected from cruel and humiliating treatment. Mistreatment is considered to be torturing, cruel, inhuman or humiliating treatment or punishment.
Mental violence is considered to be humiliation, insulting, isolation and other activities, which have an impact on the child's mental health. Humiliating effect can also come from punishment, which is expressed in humiliation, creating a feeling of embarrassment, taunting, injustice, threatening, scaring or ridiculing.
Children with physical and mental disabilities are extremely vulnerable to mental violence. Humiliating treatment is considered to be physical or mental pain or causing suffering with an aim to humiliate another person. Physical punishment is one type of mistreatment. Physical punishment is considered to be any punishment where physical strength is used and where the aim is to cause any slight or great pain and discomfort.
Physical punishment is considered to be striking or hitting with a tool, but also hair pulling, shaking, throwing, scratching, poking, burning or forced eating. Physical punishment is degrading for a child.
Responsibility Essays By A 13 Year Old
Physical or any other degrading treatment can take place in home, at school or in other places. It does not matter whether the punisher is father, mother, grandmother, grandfather, aunt, uncle, school or kindergarten teacher or someone else — physical or other kind of degrading punishment can never be considered acceptable. Degrading and violent physical and mental behaviour between children is also unacceptable. A parent should not behave towards a child in a way, which the parent considers to be inappropriate behaviour by others towards the parent.
Nevertheless, physical punishment targeted towards children occurs unfortunately in every country. Physical punishment of children is justified with traditions, raising methods, but also with protecting the rights of the child. It is in the interest of the child to be protected from any type of violence. Besides, physical punishment does not help the child to understand, why the activity is forbidden. Physical punishment only teaches through fear to blindly obey commands and demands of a stronger and bigger person.
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Children depend on adults and they need protection from violence by adults. The first country to ban physical punishment of children was Sweden, with a Family Act adopted in Adults have a lot to learn on how to punish children. It is necessary to be able to see the incident through the eyes of the child. Usually, a child's aim is not to behave badly. Mistakes are caused by a lack of knowledge and due to the fact that a child cannot assess situations like an adult. Adults do not have the right to treat children degradingly only because children do not understand the world as adults do. Understanding can be increased with words and attitude.
To the child, the punishment has to seem fair and in proportion with the done deed. Children desire greatly to be like adults — smart.
The task of adults dealing with children is to protect children both from mental and physical violence. This means that adults must stand up for children and inform about occasions when children have been physically punished, physically and mentally mistreated or if there is a chance or there is a doubt.
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It is obligatory to inform a child protection official of a local municipality and in case of need to the police about a child in need of help. One should call to the children's helpline to receive consultation. Received information is forwarded to suitable specialists the police, child protection officials of local municipalities, etc. In the same decision the court has also stated that guaranteeing the observance of principles of the law is done in the interest of the public.
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The constitution prohibits adult and child forced labour. Children should not be abused to get work done. The Employment Contracts Act regulates the working of children. A child has the right to social protection, including social insurance. If parents cannot provide maintenance to a child due to lack of work, illness, special needs, old age, etc. Therefore the law prescribes various support schemes e.
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Information on support and services offered to children and families with children by the state can be received from the local city or rural municipality government or from the children's helpline It is also necessary to have the opinions of doctors and if possible, depending on the age, also the child's opinion.
It might be possible that the situation can be solved with counselling, economic, food or clothes aid. Once the child has been separated from the family, all around support must be continuously provided to the child and to parents, to make it possible for the child to return home. Children must be protected from the use of narcotic and psychotropic substances.
Legal, administrative, social and educational measures will be used to guarantee this. It is necessary to have preventive work on the state level to protect children from narcotic and psychotropic substances and to have treatment and rehabilitation for dependent children. Unicef: Geneva , p —, —, —, — Verhellen, E. Convention on the Rights of the Child. Estonian Union for Child Welfare: Tallinn, , page Right to health protection is linked with the right to life. A child must be guaranteed the chance to be healthy and to receive medical aid.
Every child has the right to the best possible health, medical equipment and treatment and an equal right to receive aid and care. By that age the children have also the right to receive free dental treatment. Children have the obligation to take care of their health. Psychologists are consultants on the other end. You can call to the helpline if you want information on services supporting to get rid of any kind of addiction or you want to talk about your problems.
Unicef: Geneva , p — A child has a right to a personal life, friends and acquaintances.
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This means that a child must be guaranteed privacy in every situation, including in the family. Right to privacy means also that a child's family and home must be protected from an unlawful intrusion. Video surveillance must be reasonably explained and it has to be in proportion with an objective in mind. As video surveillance violates fundamental rights, it is always necessary to find out, when considering applying video surveillance, whether it has a lawful objective or not.
Video surveillance can be justifiably applied on the front door of a school to prevent theft and other improper activities.
Surveillance in classrooms to check what teachers or students are doing in the class, might not be justifiable. Children must also have the possibility to use toilets and wash rooms privately in a children's institution. Obviously, the doctor must also consider the child's age and maturity.
Convention on the Rights of the Child, articles 7, 9, 10; the Constitution, section 27; Family Law Act, sections , , Family is a natural development environment for a child. Children have the right to be cared by both parents and have the right to communicate with both parents even if they are not living together. Family is the best growing environment for a child. The state has a duty to educate parents and families and support the establishment of development conditions necessary for children.
The parents have the obligation and right to take care of their child. Married parents have joint custody over their child. Parents, who are not married at the moment of the child's birth registration, can have joint custody if they do not express their will to give guardianship only to one of the parents, when declaring their expression of will of parenthood admission.
Parents with custody rights fulfil their custody obligation at their own responsibility and in agreement, bearing in mind the child's complete wellbeing. An adult and a child must support and respect each other and take into consideration each other's interests and rights. The child must have a permanent living residence even if your parents live separately. In any case, the place of residence issue should be discussed with the child and the solution must be the best for the child. For instance, when the child experiences violence in the family or the child is treated cruelly.
The child has the right to communicate with both parents. The possibility to interact with a parent not living with the child must be guaranteed even when the parents have a bad relationship with each other. The child cannot be forced to interact with a parent who scares the child or if the interaction with the parent is not in the interest of the child for any other reason. Unicef: Geneva , p 97—, —, — Family relations can be terminated only in certain exceptional cases.
All means to keep the family together must be exhausted, before the relations are terminated. If possible, it is obligatory to help to restore family relations.