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11 Kathmandu Sch. L. Rev. 1 (2022)

handle is hein.journals/kslr11 and id is 1 raw text is: Kathmandu School of Law Review (KSLR),
Volume 11, Issue 1, 2022, pp 1-35
https://doi.org/10.46985/kslr.v111.2212
C KSLR, 2022
A Human Rights Approach to First Call for Children:
Mapping the Perils and Promises in South Asia
Geeta Pathak Sangroula*
Abstract
The Convention on the Rights of the Child (CRC) is regarded as one of the most
successful human rights treaties for its substance and global acceptance. Being in a row
among the highest number of State parties, all South Asian countries promised to
respect, protect, and fulfill children's rghts. However, the sodo-legal constraints and
defidts in practical implementation measures have caused setbacks in protecting child
rights. This paper aims to explore the historical antecedents of international human
rights standards developed step-by-step that contributed to adopting the Convention on the
Rights of the Child (CRC). This article navigates the implementation of the proisions
enshrined in the CRC, follo>ng the essence of the first call for children' as echoed
by the Vienna Declaration and Programme of Action in 1993. The paper aims to
reflect the international and regional legal standards incorporated in the domestic laws of
South Asian countries. Itfurther intends to focus on a comparative analysis of the legal
mechanisms, sodo-economic, and political situation regarding child rights with particular
reference to the situation and condition of child rights in the South Asian region.
Keywords: - Child Rights, South Asia, International Human Rights Law.
I. Introduction
The definition of a child is subjective. However, the internationally recognized
Convention on the Rights of the Child defines a child as anybody below the age of 181.
In history, children did not have rights. For instance, the Hebrew and Greek cultures
considered child rights as subjects of intervention rather than protection. They were
considered a 'problematic population3. They were abandoned, tortured, and killed4. In
*    Geeta Pathak Sangroula is a Senior Advocate (Supreme Court of Nepal), Professor, Faculty of Law at
Kathmandu School of Law She can be reached at geeta.pathak@ksl.edu.np.
Convention on the Rights of the Child, 2 September 1990, 1577 UNTS 3, 20 November 1989, art.1.
2    Rama Kant Rai, History of Child Rights and Child Labor, Men EngageAllance, 2011, available at http://
menengage.org/wp-content/uploads/2014/06/History-of-child-rights-and-child-labor.pdf, accessed on
20 November 2020.
3    Ibid.
4    Lloyd deMause, The History of Childhood The UntoldStory of ChildAbuse, Rowman and Littlefield Publishers,
2006, p. 13.
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