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How effective have laws protecting the rights of children been to reduce poverty and support
economic development? How could they be improved?
Introduction
A child, as defined by law, is anyone who is under the age of eighteen and single, including unborn
children. Globally, the welfare of children has evidently been at the heart of legal instruments.
Notwithstanding this, children have persistently been a vulnerable group with approximately one
billion being exposed to evils of poverty and child labour resulting into long lasting impacts on
their bodies and minds. This entails that, in return, they have a greater possibility of passing on
poverty to their children, which reinforces the cycle of poverty thereby impinging economic
development. Even with laws being enforced to protect children's rights, violations of the rights of
children in 21st-century modern nations are far from being expunged. In view of the foregoing,
this essay analyzes the efficacy of laws protecting children's rights on eradication of poverty and
promotion of economic development. The essay begins by providing an overview of the laws
defending children's rights to fight poverty and promote economic development. At its climax, it
delineates the effectiveness of the laws that protect the rights of children. In conclusion, the essay
proposes three avenues for enhancing the regulatory environment for protecting children's rights.
Laws protecting children's rights to reduce poverty and support economic development
Children's rights are protected by both state legislation and international human rights treaties 1.
Laws protecting children's rights include educational efforts, legal protections against exploitation
and abuse, healthcare initiatives, and These legal measures seek to end the poverty cycle and
promote the sustained economic development of countries and local communities.
Right to education, Child Labor and Exploitation
Child labor and the right to education interplay. Indulging in child labor prevents a child from
receiving a good education, even if that child does both things simultaneously, then it will turn out
to be mental as well as physical torture for the child. It is crucial to eliminate child labor in order
to ensure a bright future for children2.
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The right to education is protected by international human rights legislation. Article 26 of the 1948
Universal Declaration on Human Rights states that "everyone has the right to education 3." The
International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Convention on
the Rights of the Child (CRC), and the UNESCO Convention against Discrimination in Education
are just a few of the global established instruments that have helped to develop and widely
acknowledge the right to education4.
Article 32 of the United Nations Convention on the Rights of the Child (UNCRC) guarantees the
safety of children from economic exploitation5. The UNCRC acknowledges a child's right to be
free from economic exploitation and to be shielded from labor that could endanger their health or
development or interfere with their education6. In M.C. Mehta vs. State of Tamil Nadu7, the
Supreme Court of India ruled that no children should work in dangerous jobs to produce fireworks
and matchboxes after taking into account the prevalence of child labor in India. Certain nations
have minimum age restrictions for workers8. Most countries now have laws in place that prohibit
the economic activity of children below age 12 and regulate employment through age 179. This
shields children from dangerous and frequently exploitative workplaces while, over time, fostering
the development of a more knowledgeable, competent, and competitive labor force.
Healthcare initiatives
The rights of children are always the main objective of federal efforts to establish conditions that
promote good nutrition. Governments, as the primary guardians of children's rights, place a high
priority on addressing the underlying causes of children's ill health by making sure they have
access to affordable and nutritious food as well as a safe and healthy environment.
The effectiveness of the laws protecting the rights of children to reduce poverty and support
economic development
Firstly, developing countries have made some progress in education in recent years. For example,
in Tanzania, primary school enrolment increased from 55% to 94% between 2001 and 201010. A
country's economic growth can be attributed primarily to the education received by its
population11. Again, individuals' quality of life is positively influenced by education, as those with
better educational attainment are more likely to find more possibilities and higher salaries in their
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jobs, as seen in the United States during the Great Depression12. More educated people have the
skills and knowledge required for employment, resulting in enhanced productivity, which can
contribute to higher GDP13.
Secondly, improvements in child mortality and healthcare are some indications that children's
rights issues receive greater prominence14. These are features of human growth that give children
a better future. However, the International Labor Organization (ILO) claims that 152 million
children globally are employed as child laborers15. These surroundings have a negative impact on
a child's well-being and development.
Furthermore, progress is also being made globally against some of the most heinous violations of
children's rights16. For example, 25 million child marriages have been averted in the past ten years
globally17. There is also progress with new intergovernmental policy frameworks on violence
against children now encompassing Africa and the Middle East, the Americans and the Caribbean,
Asia and the Pacific, and Europe18. Despite recent encouraging achievements, there is still an
urgent need to safeguard children from violence. Child abuse is unequivocally a global monster
that continues to pose a threat to socioeconomic development of a child.
Lastly, there have also been pronouncements by the judiciary addressing the issues of child labor
and the right to education. For instance, the Supreme Court of India in Gaurav Jain v. Union of
India19 ruled that the right to education is an inherent right and that children working in dangerous
occupations should be dismissed from their jobs and given access to a good education.
How could they be improved?
Children have a much better chance of growing up in a society that allows them to thrive when
their rights are safeguarded. This article suggests the following approaches to improving the
effectiveness of laws protecting children's rights: Enhance awareness and education, strengthening
legal and policy frameworks, developing enforcement mechanisms, and encouraging children's
participation.
Enhance awareness and education.
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Parents, caregivers, educators, and the general public should all be informed about children's rights
and the laws that protect them through extensive awareness campaigns. To better meet the interests
of children, lawyers should also be trained in child-focused legal procedures20.
Strengthen implementation mechanisms.
Create the best possible legislative access provisions that include workable and efficient
enforcement mechanisms. In Indian jurisdiction, in the case of National Commission for
Protection of Child Rights v. State of Karnataka21, the court stressed the significance of carrying
out the Juvenile Justice Act in an efficient manner as well as the necessity of adequate facilities,
qualified personnel, and funding for child care facilities. The state's duties to provide children in
need of care and protection with suitable facilities and services were emphasized by the court. To
close the implementation gap, governments should provide sufficient funding, create oversight
organizations, and guarantee efficient cooperation between pertinent parties. This will support
achieving intended results and ensuring the effective implementation of policies.
Child Participation
Children should be actively involved in decision-making processes affecting their lives.
Empowering children through child participation programs, child-led organizations, and school-
based initiatives can enable them to become agents of change and contribute to the protection of
their own rights. Because of this, children's participation is a right that is expressly protected by a
number of international legal frameworks, including the African Charter on the Rights and Welfare
of the Child (ACRWC), and the UNCRC22. It is therefore prudent to mobilize stakeholders to
embrace child participation as a socio-economic issue and therefore join efforts to permit children
to be subjected to early stimulation and have their potential nurtured. In Malawi, F.A. Mwale. J,
Child Justice Review Case23, also emphasized that it is crucial that the processes of child care
and protection are based on standards and procedural safeguards that include the child’s
meaningful participation, and a collaborative follow-up process that is underpinned by child
protection principles.
Conclusion
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This essay has assessed how effective have the laws protecting the rights of children been to reduce
poverty and support economic development. It has identified legal protections against exploitation
and abuse, healthcare initiatives, and educational efforts that they seek to end the poverty cycle
and promote the sustainable economic development of countries and local communities.
Endnotes
1
Stewart MacPherson, ‘The Convention on the Rights of the Child’ (1989) 23 Social Policy & Administration 99
2
Shreya Sinha, ‘JUDICIARY AND CHILD RIGHTS: A CRITICAL ANALYSIS WITH CASE LAWS’ (2021)
<https://www.crc.cnlu.ac.in/post/judiciary-and-child-rights-a-critical-analysis-with-case-laws>.
3
United Nations, ‘Universal Declaration of Human Rights’ (1948) <https://www.un.org/en/about-us/universal-
declaration-of-human-rights#:~:text=Article 26>.
4
ActionAid, ‘Action for Children’s Right to Education’ (2013).
5
Simone van der Hof and others, ‘The Child’s Right to Protection against Economic Exploitation in the Digital
World’ (2020) 28 The International Journal of Children’s Rights 833.
6
Luisa Blanchfield, ‘The United Nations Convention on the Rights of the Child: Background and Policy Issues’ [2012]
Children’s Care, Welfare and Rights: Issues and Funding 123.
7
31 October 1990, AIR 1991 SC417; and 10 December 1996, AIR 1997 SC 699
8
Kathryn Reid, ‘Child Labor: Facts, FAQs, and How to Help End It | World Vision’ (World Vision, 2019)
<https://www.worldvision.org/child-protection-news-stories/child-labor-facts>.
9
Eric V Edmonds and Maheshwor Shrestha, ‘The Impact of Minimum Age of Employment Regulation on Child
Labor and Schooling*’ (2012) 1 IZA Journal of Labor Policy 14.
10
Seebens Holger and Peter Wobst, ‘The Impact of Increased School Enrollment on Economic Growth in Tanzania’
(2005) 17 African Development Review 274.
11
Laura Marquez-Ramos and Estefanía Mourelle, ‘Education and Economic Growth: An Empirical Analysis of
Nonlinearities’ (2019) 27 Applied Economic Analysis 21.
12
OECD, ‘Review Education Policies - Education GPS - OECD’ (OECD, 2023)
<https://gpseducation.oecd.org/revieweducationpolicies/#>.
13
Gangadhar Dahal, ‘The Contribution of Education To Economic Growth: Evidence From Nepal’.
14
Christopher A Tait and others, ‘Did the UN Convention on the Rights of the Child Reduce Child Mortality around
the World? An Interrupted Time Series Analysis’ (2020) 20 BMC Public Health.
15
OMT, International Labour Organization - Global Estimates of Child Labour: Results and Trends, 2012-2016
(2017) <https://www.ilo.org/wcmsp5/groups/public/---dgreports/---
dcomm/documents/publication/wcms_575499.pdf%0Ahttps://www.ilo.org/global/publications/books/WCMS_57
5499/lang--en/index.htm>.
16
Reid (n 8).
17
ibid.
18
Birger Fredriksen, Keeping the Promise, vol 42 (2005).
19
9 July 1997, [1997] 8 SCC 114
20
United Nations, ‘General Comment No. 25 on Children’s Rights in
relation to the Digital Environment’ (2021) 02868 Convention on the Rights of the Child
<https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FGC%2F25
&Lang=en>.
21
writ petition no. 37674 of 2017 (gm-fc)
22
Licenciatura Direito Moçambique and LLM Pretoria, ‘Licenciatura Direito (Moçambique), LLM (Pretoria),
Registered (Mozambican Bar Association)’.
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