Improving Laws for Children's Rights in Poverty Reduction and Economic Development

Improving Laws for Children's Rights in Poverty Reduction and Economic Development


Background information on laws protecting the rights of children

The concept of children's rights is relatively recent, even if the idea that children should have special protection—particularly in the workplace—started to take shape in the middle of the 19th century. Under the Mines and Collieries Act of 1842, children under the age of ten were forbidden from working underground in the United Kingdom. The Factory Act of 1844, which imposed restrictions on children's working hours and mandated the provision of education, came next. However, the history of children being conferred their own set of international human rights dates back to the 1920s when Eglantine Jebb established Save the Children at the end of world war one. [1]

After the horrors of World War II, the newly established United Nations (UN) concerned itself with the rights of children from an early stage and on 20 November 1959 the Declaration of the Rights of the Child was adopted.[2] As a result, throughout the 20th century, the West gradually moved away from viewing children as helpless objects of concern and toward viewing them as subjects with agency, rights, and interests of their own. Child rights made great progress in the early 20th century.

Harvard University's Dani Rodrick claims that historically, communities have found that the best way to improve the prospects and general well-being of all of its members—even the most disadvantaged ones—is through economic growth.[3] . The main lesson from the last 50 years of development research and policy, according to Rodrick's book "One Economics, Many Recipes: Globalization, Institutions and Economic Growth" (2007), is that economic growth is the most effective way to reduce poverty and satisfy people's aspirations for a higher quality of life.

This essay will evaluate the effectiveness of laws protecting the rights of children in reducing poverty and supporting economic development, and propose improvements to enhance their impact.


The effectiveness of laws protecting the rights of children in reducing poverty

Overview of existing laws and their objectives

Convention No.138 mandates that countries create national policies targeted at putting a stop to child labor and establish a minimum age threshold for employment or work.? Nations may allow children under the legal minimum age to perform light labor under Convention No.138. If the minimum age is fifteen, then children between the ages of twelve and thirteen may engage in light labor, which is described as any activity that does not interfere with the education of the children or their ability to benefit from it and that is not dangerous. [4]

The Child Abuse prevention and treatment Act (CAPTA) created uniform guidelines for defining child abuse and neglect, permitted restricted government research on the prevention and treatment of child abuse, and provided federal funds to state governments. Children were not shielded from maltreatment of any kind before the 19th century by the government. Due to interest in children's rights sparked by social movements in the late 1960s and early 1970s, CAPTA was passed in 1974 and has since undergone multiple amendments, the most recent of which was a reauthorization on December 20, 2010.

CAPTA was established in reaction to the increasing belief that parental maltreatment of their children was an issue that seriously disrupted the family unit. The overt goals are to focus child welfare services on securing funds for children's services and to legally recognize child abuse and neglect. The covert goal is to raise awareness of the need for funding for child welfare services. Program and service providers are continuously given financial support.[5]

Children with disabilities are guaranteed a free, suitable public education by the Individuals with Disabilities Education Act (IDEA). Children under the age of thirteen have their internet privacy protected under the Children's internet Privacy Protection Act (COPPA). The Child Support Enforcement Act guarantees that parents who do not have custody of their children pay their debts. Children without health insurance can obtain coverage through the Children's Health Insurance Program (CHIP). Preventing juvenile delinquency is the goal of the Juvenile Justice and Delinquency Prevention Act. Children's nutrition is enhanced by the Child Nutrition Act. Foster children's safety and wellbeing are promoted by the Adoption and Safe Families Act. Children are protected from accessing inappropriate online content by the Children's Internet Protection Act (CIPA).

Analysis of the impact on poverty reduction.

Access to education and its role on breaking the cycle of poverty

Research indicates that those with middle-class and above standard education are wealthier than those with low-class or primary education, therefore, it is said that having more education raises one's salary. Years of education contribute to lowering poverty rates and expanding the pool of potential income, which in turn helps to raise living standards. Education serves as the cornerstone for a large portion of the community's social and economic well-being. Due to its ability to raise the value and productivity of the labor force and help pull the impoverished out of poverty, education is essential for both economic efficiency and social consistency. Education encourages self-awareness, improves the quality of life, boosts productivity and creativity, and supports technological advancements and entrepreneurship. In addition, it fulfills vital duties that guarantee social and economic advancement, enhance the distribution of income, and potentially save lives from poverty.

Child labor laws and their impact on income inequality

Poverty and income inadequacy are caused by unequal income distribution among families. Families are forced to hire their children in order to make ends meet due to income inequality. Consequently, child labor is caused by income distribution imbalances and inequality, which raise the number of youngsters participating in the labor force.[6]

Through a number of clauses, the Turkish constitution protects minors against child labor. The right to education is guaranteed to all citizens of Turkey by Article 41 of the Constitution, which also highlights the state's obligation to take action to guarantee primary school attendance for children. In addition, it is against the law for children under the age of 15 to labor in any capacity that could endanger their health, education, or general well-being, according to Article 50 of the Constitution. This constitution's framework respects children's rights and guarantees their access to education, both of which are in line with international norms.[7]

We can conclude that tackling income inequality requires the implementation of child labor legislation. These laws seek to safeguard children from exploitation and guarantee their access to education by establishing minimum age restrictions for employment and restricting the kinds of labor that minors can perform. Thus, by giving kids the chance to pursue school and acquire the skills required to land better-paying jobs down the road, this can also help reduce economic inequality.

Additionally, by keeping children from taking employment from adults who are frequently willing to work for lesser pay, child labor laws might help lessen competition for jobs and possibly result in higher earnings for adults.


The effectiveness of laws protecting the rights of children in supporting economic development

Overview of existing laws promoting economic development through child rights protection

Current legislative measures that support economic growth by safeguarding children's rights include those that establish minimum employment ages, prohibit dangerous jobs, and mandate compulsory education. In the end, these laws hope to interrupt the cycle of poverty and inequality by safeguarding children from exploitation and ensuring their access to education.

Analysis of the impact on economic growth

Investing in human capital through education and health services for children

In order to remove obstacles related to cost and encourage families to spend money on their children's health and education, human capital investment is essential. Children have benefited long-term from cash transfer programs that have greatly increased access to healthcare and education in places like Malawi, Bangladesh, and Sierra Leone. The smoking cessation program in the Philippines is an example of how information campaigns are essential in promoting beneficial behavioral changes. These programs assist low-income families in overcoming financial obstacles and choosing wisely when it comes to investing in human capital. Programs that emphasize the long-term advantages of health and education, or that offer tools to support good decisions, can also have a big influence on people's behavior and increase children's human capital development.[8]

Protecting children from exploitation to ensure a skilled workforce in the future

Keeping kids safe from exploitation is crucial to developing a skilled labor force. Children can grow up to be productive individuals if they have access to safe settings, healthcare, and education. The prevention of child labor and the provision of a skilled workforce for future generations depend heavily on government laws, public awareness campaigns, and financial assistance for families.


Challenges and limitations faced by existing child rights laws in reducing poverty and supporting economic development

Inadequate implementation and enforcement mechanisms

Economic development and the fight against poverty are hampered by the inadequate application and enforcement of child rights laws, as stated in the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC's Articles 4, 6, and 42 stresses the significance of guaranteeing children's rights are respected[9]; nevertheless, insufficient implementation strategies result in restricted access to protection, healthcare, and education, which prolongs poverty and impedes economic development. Because they are unable to realize their full potential and hence limit their future contributions to society and economic growth, children become trapped in a cycle of poverty. Therefore, ending the cycle of poverty and promoting economic development depend heavily on the efficient implementation and enforcement of child rights laws.

Insufficient funding for child focused programs and initiatives

Underfunding of kid-centered projects and activities, in addition to lax application and enforcement of child rights law, can impede children's rights from being realized and prolong poverty. The World Bank plays a major role in helping developing countries solve these issues by offering loans and credits related to social safety, education, and health. The challenge of precisely calculating the amount of financing earmarked for children, however, emphasizes the necessity of increased accountability and openness in monitoring the distribution of funds for child-focused projects. Furthermore, the World Bank's comprehensive review of its activities related to children in the 1990s, which included numerous studies on children's issues and substantial financial support for education, health, and social protection, highlights the potential impact of its interventions. [10]Nevertheless, in order to guarantee that children's rights are successfully promoted and safeguarded and that sufficient funding is allotted to meet their unique requirements, ongoing efforts to improve, broaden, and enhance these initiatives are important.


Proposed improvements to enhance the effectiveness of child rights laws

Strengthening implementation mechanisms

Improving the procedures for implementation is essential to increasing the efficacy of child rights legislation. Enhancing institutional capacity, enforcement, and oversight are necessary to guarantee the effective implementation of children's rights. These kinds of steps are essential for protecting children's welfare and creating a safe legal environment that supports their growth and security.

Enhancing coordination among relevant government agencies, NGOs and international organizations

For child rights laws to be more effective, coordination between government agencies, non-governmental groups, and international organizations must be improved. Working together can help to maximize resources, expedite interventions, and guarantee a complete approach to safeguarding and advancing children's rights, resulting in a more comprehensive and impactful framework for their well-being.

Establishing monitoring systems to ensure compliance with child rights standards

The establishment of resilient monitoring mechanisms is crucial in guaranteeing adherence to child rights norms and augmenting the efficacy of child right legislation. Regular data collection, reporting procedures, and inspections are all necessary components of these systems in order to spot infractions and hold people accountable for protecting children's rights.

Increasing investment in child focused problems

Allocating more resources towards education, healthcare, nutrition and social protection for children and encouraging public- private partnerships to support child-centered initiatives.


Conclusion

Ensuring adherence to child rights norms and enhancing the effectiveness of child rights legislation require constant improvement in order to combat poverty and promote economic development mechanisms. Nevertheless, continuous efforts to strengthen, expand, and improve these laws ?are crucial to ensuring that children's rights are properly promoted and protected and that adequate financing is allocated to fulfill their specific needs.


The following references were consulted in the composition of this article.

[1] https://www.birthto5matters.org.uk/wp-content/uploads/2021/04/Childrens-rights-for-Birth-to-Five-Matters.pdf

[2] https://www.birthto5matters.org.uk/wp-content/uploads/2021/04/Childrens-rights-for-Birth-to-Five-Matters.pdf

[3] https://www.oecd.org/derec/unitedkingdom/40700982.pdf

[4] ILO CONVENTION NO. 138.(1973)

[5] The child abuse prevention and treatment act. (1974). CAPTA

[6] INTERNATIONAL RESEARCH IN SOCIAL, HUMAN AND ADMINISTRATIVE SCIENCES IX, Assist Prof. Dr. Salem? Sercan sari, p. 38

[7] INTERNATIONAL RESEARCH IN SOCIAL, HUMAN AND ADMINISTRATIVE SCIENCES IX, Assist Prof. Dr. Salem? Sercan sari, p. 42-43

[8] The changing nature of work, world bank group, p. 52

[9] UNCRC, Article 4,6,42

[10] Advancing the Campaign Against Child Labor Volume III: The Resource Allocations of National Governments and International Financial Institutions, US department of labor, P. 28

Danat F. Afework

Children's rights advocate | Criminal justice enthusiast | Rotaractor | Intern | Creative Writer

8 个月

Great piece.

Nigus Sintayehu Geletu

Fourth Year Law Student at Addis Ababa University

8 个月

Netsanet Meles i also agree with your point about how improved monitoring systems can contribute greatly to child rights improvement as there is a huge gap on that aspect.

Netsanet Meles

Business strategist/Project manager /Business & Education Consultant/

8 个月

Great points! As an educational solutions provider, I see firsthand how underfunding impacts children's access to quality education. The different World organization's and sector's role in supporting developing countries is crucial, but ensuring those funds reach children effectively is key. Increased transparency and improved monitoring systems can make a big difference. Let's work together to advocate for improved project design to ensure children's rights are truly protected.

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