There
is no denying the fact that the States Parties should take all feasible
measures to ensure that persons who have not attained the age of fifteen years
do not take a direct part in hostilities. It has been stated the States Parties
should refrain from recruiting any person who has not attained the age of
fifteen years into their armed forces. In recruiting among those persons who
have attained the age of fifteen years but who have not attained the age of
eighteen years, States Parties should endeavor to give priority to those who
are oldest. In accordance with their obligations under international
humanitarian law to protect the civilian population in armed conflicts, States
Parties should take all feasible measures to ensure protection and care of
children who are affected by an armed conflict. It has been stated that the
States Parties should take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of: any form
of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman
or degrading treatment or chastisement; or equipped conflicts. Such recovery
and reintegration should take place in an environment which fosters the health,
self-respect and self-esteem of the child. States Parties recognize the right
of every child alleged as, accused of, or recognized as having infringed the
penal law to be treated in a manner consistent with the promotion of the
child's sense of dignity and worth, which reinforces the child's respect for
the human rights and fundamental freedoms of others and which takes into
account the child's age and the desirability of promoting the child's
reintegration and the child's assuming a constructive role in society.
To
this end and having regard to the relevant provisions of international
instruments, States Parties should, in particular, ensure that:
·
No child should be suspected as, be lay
blame on of, or recognized as having infringed the penal law by reason of acts
or omissions that were not prohibited by national or international law at the
time they were committed;
·
To have the free assistance of an
interpreter if the child cannot understand or speak the language used;
·
To have his or her privacy fully
respected at all stages of the proceedings. 3. States Parties should seek to
promote the establishment of laws, procedures, authorities and institutions
specifically applicable to children alleged as, accused of, or recognized as
having infringed the penal law, and, in particular:
·
The establishment of a minimum age
below which children should be presumed not to have the capacity to infringe
the penal law;
·
Whenever appropriate and desirable,
measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully
respected.
It
has been affirmed the child shall be scheduled instantly after confinement and
shall have the precise from birth to a name, the right preserve nationality
and. as far, and the right to know and be concerned for by his or her parents.
It has been stated in UN charter that the States Parties should make certain
the completion of these rights as per their general law and their requirement
under the relevant global instruments in this field, in particular where the
child would otherwise be stateless. It has been stated the states Parties
undertake to respect the right of the child to preserve his or her uniqueness,
including nationality, name and family members as standard by law without against
the law involvement. The children who are found begging need to be sorted out
and they should be positioned in a place which is suitable for their
development. The social authorities and other welfare organization should come
forward to settle them in a systematic manner. Other wise the hopes and
aspiration would be nipped in the bud and in this context, Somerset Maugham
says,”
It
is difficult to pass over the razor’s edge,
But
the wise say the path to salvation is hard”
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