Survival Rights

In order to protect The Right to Survival of a child United Nations Convention on the Rights of the Child mentions in:-

Article 6

“1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.”

According to Government of India, a child life begins after 20 weeks of conception. Hence the right to survival is inclusive of child rights to be born, rights to minimum standards of food, clothing and shelter and the right to live with dignity.


The UNCRC separately mentioned Right to Survival for physically challenged children in

Article 23

“1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions, which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.”

According to Persons with Disability Act, 1995 the Government is responsible for making the general environment non-discriminatory towards PWD by adopting various procedures.

Article 24

“1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
                                
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.”

The National Food Security Act or The Right to Food Act focuses on nutritional support to women and children. Meal and necessary nutritional medicines will be provided to pregnant women and lactating mothers during pregnancy and six months after the child birth. The Government of India has also developed schemes for free vaccinations for infants. 

In 1994 the Government of India in order to stop female foeticide passed the Pre-Natal Diagnostic Techniques ( Regulation and prevention of Misuse) Act. In 2002 the act was amended.
This Act prohibits medical personnel from conducting or helping anyone conduct sex determination. All pre-natal diagnostic techniques are banned except for the detection of chromosomal abnormalities, genetic metabolic diseases, sex-linked genetic diseases and other abnormalities or diseases as specified by Central Supervisory Board.

For a child in conflict with law, UNCRC states in

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

The Juvenile Justice Act, 2015 also mentions that no child below the age of sixteen will be detained in a jail or police custody and if found guilty shall not be given a life sentence or death sentence.


Disclaimer: The above ARTICLES are as per UNCRC 

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