23/015E0550P

HOW EFFECTIVE HAVE LAWS PROTECTING THE RIGHTS OF CHILDREN BEEN TO

REDUCE POVERTY AND SUPPORT ECONOMIC DEVELOPMENT. HOW CAN THEY BE

IMPROVED?

According to the United Nations Convention on the Rights of the Child (CRC), child rights are defined as

inherent entitlements that should be afforded to all persons below the age of eighteen18, without

discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour,

sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability,

birth or other status.

There is a host of legal framework on the rights of the child at the global, regional and national levels.

United Nations Convention on the Rights of the Child (CRC) is the international landmark legal

instrument which is widely ratified and came into force in 1990. The Convention has fifty four articles,

which look at all the rights protecting the child, the monitoring and implementing body of the Convention

and also issues pertaining to ratification, signing and denunciation. Ten years after the adoption of the

CRC, the African Union adopted the African Charter on the Rights and Welfare of the Child because

member states of the African Union believed that the CRC missed important rights peculiar to Africa.

Despite being one of the first signatories to the CRC immediately after it came to force in 1990, Ghana

conformed to the CRC’s provision to enact national laws on children’s right in 1998, The Children’s Act,

1998. The fundamental theme which runs through all these frameworks is that best interest of the child

shall be paramount in any matter concerning the child.1 Despite the plethora of laws governing child

rights, there are still gaps that need to be filled concerning child protection. Focusing on Ghana, tThis

essay will discuss the fundamental protection given to children and its impacts on economic development

and poverty reduction, the shortcomings of the existing framework and suggestions to improve the

shortcomings of these laws.

1
Article 3, Children’s Act 1998
Fundamental Rights of Children and its Impacts on Economic Development and Poverty Reduction

The central themes of these child right laws; protection, provision and participation are very crucial in

safeguarding the rights of children. These laws provide basic necessities to children, protect them from

exploitation, abuse and discrimination, while giving them an opportunity to participate in decision making

on matters which affect them. These hosts of rights undoubtedly have an impacts of poverty reduction and

economic development, as These central themes are discussed in seriatim:

Protection

Child protection encompasses the right of the child to be shielded from certain acts and practices

detrimental to their wellbeing. These practices include discrimination, child labour, child marriages and

abuse. Prior to the development of legal framework on child rights, these practices especially child labour

and child marriages were very rampant. There has been a significant reduction however as a study

indicates that the global number of children in child labour declined by 86 million between 2000 and

2016A study by XXXX shows a significant global reduction in child labour by 86 million between the

year 2000 and 2016 , highlighting the significant impact of legal frameworks in dismantling this harmful

practice. Protecting children from such harm enables them to pursue education and participate in

activities that enhance their overall development. Moreover, these laws contribute to reducing poverty by

preventing families from relying on child labour as a means of income generation.

Participation

The right to participation includes the right to express opinions and to have these opinions taken into

account in matters affecting the child’s own life, and the right to play an active role in the community and

society through freedom of association. In Uganda, UNICEF has supported the development and

implementation of ‘U-report’, an innovative Short Message Service-based system that enables young

Ugandans to report on development issues that are important to them. U-report now reaches more than

263,000 Ugandans and is helping to connect them to national planning and policymaking processes. By

understanding children's needs and priorities, resources can be allocated more effectively towards
initiatives that truly address their concerns and contribute to their well-being. This can lead to better and

for that matter overall economic outcomes.

Provision

The rights to provision refers to a group of fundamental human rights which ensure that children have

access to resources and services which are crucial for their survival, development and well-being

regardless of their socioeconomic backgrounds. These rights include the right to healthcare, education,

food, water, shelter, play and recreation. In Ghana, social protection programs such as the Free

Compulsory Universal Basic Education Policy, the National Health Insurance Scheme and the Ghana

School Feeding Programme and Capitation Grants ensure that the basic needs of children are met even

during times of economic hardships. A well-educated and healthy workforce is essential for economic

development as it increases productivity and innovation, leading to higher economic growth rates and

reduced poverty rates.

Shortcomings of Existing Frameworks and Suggested Improvements

In spite of the impacts child rights laws have made, children continue to be at the brunt of exploitation,

abuse and poverty. Due to the hostilities on the Gaza strip, more than 5000 children have been reportedly

killed, and over a million of them have been displaced with no access to healthcare, nutrition, shelter and

education. Ghana has ratified both International Labour Organization (ILO) Convention No. 138 and

Convention No. 182 on the elimination of the worst forms of child labour. The Children’s Act of Ghana

also affords children protection from exploitative labour, night work, dangerous occupations and

hazardous activities such as quarrying, mining. Despite these legal provisions, many children work in the

formal and informal sectors (fishing, agriculture, services and industries), with the majority across all

regions of the country working as unpaid family workers. The problem therefore to be addressed is not

creating new laws, but to ensure the effective implementation of the existing laws by making amendments

to existing laws, ensuring effective justice measures for remedies to child rights violations and creating
comprehensive awareness of these laws. The above listed suggestions are discussed in the paragraph

below;

Expanding the Scope of Protection

Governments and other international bodies must ensure that existing child rights laws are updated to

reflect the evolving needs of children in today’s rapidly changing society. As children face challenges

such as cyberbullying, online exploitation and the negative effects of environmental degradation and

climate change, it is empirical that existing laws are adequately amended to reflect these developments.

Education and Awareness Campaigns;

It is necessary to invest in further and intensify comprehensive awareness campaigns and education

programs targeting both children and adults, aiming to increase knowledge and understanding of child

rights. Public awareness plays a crucial role in ensuring compliance with child rights laws and

empowering children to assert their rights. By educating adults and children alike, society can foster an

environment where child rights are universally understood, respected, and protected.

Ensuring Effective Access to Justice

It is rather unfortunate that as compared to adults, children often have a harder time directly accessing

justice when their rights have been violated. It is therefore necessary for legal systems to create

policies which adopt child friendly court procedures and provide anonymous ways for children to seek

remedies and reparations when their rights are being violated without fear of being reprimanded.

Conclusion

In conclusion, the protection and promotion of children's rights through legal frameworks like the United

Nations Convention on the Rights of the Child (CRC) have undeniably made strides in safeguarding

children worldwide. These laws, emphasizing protection, provision, and participation, have notably

reduced harmful practices like child labor and marriages, enabling children to access education and

contribute to their communities positively. Moreover, initiatives such as U-report in Uganda highlight the
potential for children to actively engage in decision-making processes, enhancing resource allocation and

societal development.

However, despite these advancements, significant gaps persist. The plight of children in conflict zones

like Gaza and the prevalence of child labor in countries like Ghana underscore the need for more robust

implementation and improvements within existing frameworks. Simply enacting new laws isn't the

solution; rather, it's crucial to ensure effective enforcement, amend existing laws to address emerging

challenges like cyberbullying and environmental degradation, and enhance awareness through

comprehensive education campaigns.

To further strengthen child rights protections, a multi-pronged approach is imperative. Expanding the

scope of legal protection, intensifying education and awareness programs, and ensuring streamlined

access to justice for children are pivotal steps. Empowering children to understand and assert their rights

while simultaneously fostering a societal culture that respects and upholds these rights remains paramount

for sustained progress.

In essence, by bridging the existing gaps, reinforcing implementation, and fostering a collective

commitment to prioritize children's well-being, nations can significantly reduce poverty, bolster economic

development, and pave the way for a brighter, more equitable future for every child globally.