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Home 2016-17-Vol2-Issue1 PROTECTION OF HUMAN RIGHTS OF CHILDREN VIS-À-VIS SUSTAINABLE DEVELOPMENT

PROTECTION OF HUMAN RIGHTS OF CHILDREN VIS-À-VIS SUSTAINABLE DEVELOPMENT

In the contemporary era, irrespective of globalization, every human being as human being carries certain human rights since birth. They are inherent, inalienable and natural rights of human beings. Every individual possess right to life, liberty as their basic human rights. The nexus between human rights and sustainable development is unique and necessary feature of International human rights law. The many experts have portrayed the relation between sustainable development and human
rights. Sustainable development is the prior necessity to sustain the human rights of individuals. The sustainability of human rights is the duty of individuals as well as state. The exercise of human rights without harming another is the primary duty of every individual in this matured civil society.1 The human rights are not only a right of an human being but it also lays certain duties over an individual’s as well as state. It denotes moral and legal obligations upon states for its protection and
promotion. The rising demands of human beings and advancement in the functioning of a state, there are several instances of violations, infringement of human rights of an individual at various strata of the society. Children as human beings are considered as one of the vital advantage of any nationwide and international society. There appeal and distinction shall be retained by a society.
It can be retained by willingly providing them love, care, affections and all necessary healthy and educational environments.
The concept of “Sustainability” is really a not new concept. It can be said that, sustainability is actions taken in the present to improve the human condition. It also obligated that, the Earth system in which we live need to be lasting and preserve for benefit future generations.2 Therefore, to gain the highest sustainability, decisions at all levels must think of the three interconnected pillars of sustainable development – socio-cultural, economic and environmental systems. In the words of
Mary Robinson, “it is people who are at the centre of sustainable development: human beings who are entitled to certain basic living conditions. By effectively linking human rights and sustainable development, the increasing state of uncertainty for the environment that surrounds and nurtures us is given a human face, directly impacting the well-being of all.”3
In the development of promotion and protection of human rights, the recognition of liability for the upliftment of child is very essential. The Supreme Court of India, as rightly affirmed by bench of J. Bhagwati, J. Pathak that, “If there be no proper growth of children of today, the future of the country will be dark. It is the obligation of every generation to bring up children who will be citizens of tomorrow in a proper way. Today’s children will be leaders of tomorrow who will hold country’s
banner high and maintain the prestige of the nation. If a child goes wrong for want of proper attention, training and guidance, it will indeed be a deficiency of the society and of the Govt. of the day. Every society must therefore, devote full attention to ensure that children are properly cared for and brought up in a proper atmosphere where they would receive adequate training, education and guidance in order that they may be able to have their rightful place in the society when they grow up”.4
Aristotle, the Greek philosopher writes “Man by nature and necessity is social animal. He who does not live in society or who has no needs because he is sufficient for himself must be either a beast or god.”5 Human being as a part of nature possesses certain identity, basic fundamental rights inherently by nature itself. It may be termed as natural rights vis-a-vis human rights. The rights which are inherent to all human beings are called as the human rights, such rights are available to all human
persons without any discrimination on the basis of their place of residence, nationality, origin, race, sex, religion, language or status. Every human being is entitled to such rights by the virtue of being human. Human Rights are inalienable, indivisible, interdependent, interrelated and universal. They are in the form of both rights and obligations, rights for the human persons and obligations for the states in form of the duties under International and National Laws to protect and fulfil human rights.

2016-17-Vol2-Issue1-_10

Dr. AJAY SONAWANE
Assistant Professor | + posts
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