PRESENTATION ON

RIGHTS OF SPECIAL GROUPS: CHILDREN, WOMEN, HIV, HANDICAP AND AGEING

SUBJECT: NURSING MANAGEMENT. PRESENTED BY: HARMEET KAUR

M.SC (N) IIND YEAR

CON, AIMS, SRI MUKTSAR SAHIB.

 

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.

Special groups are those who need special attention such as children, women, HIV, handicap and ageing. So to protect these groups the rights have been formulated by the constitution.

INTRODUCTION

In 1946, the Economic and Social Council of the United Nations recommended that the Geneva Declaration be reaffirmed as a sign of commitment to the cause of children.

RIGHTS OF CHILDREN

Child must be given the means needed for its normal development, both materially and spiritually.

Hungry child should be fed; sick child should be helped; and the orphan and the homeless child should be sheltered and secured.

Child must be first to receive relief in times of distress.

Declaration of Geneva

Child must be put in a position to earn a livelihood and must be protected against every form of exploitation.

Child must be brought up in the consciousness that its best qualities are to be used in the service of its fellow men.

Declaration of Geneva

Article 15: … shall not discriminate against any citizen… (3) Nothing in this article shall prevent the State from making special provision for women and children.

Article 21 A: … shall provide free and compulsory education to all children of the age of six to fourteen years.

Article 23: Traffic in human beings and beggar and other similar forms of forced labour are prohibited.

MAJOR CONSTITUTIONAL PROVISIONS

Article 24: No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Article 39: … (e) … the tender age of children are not abused… and not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood protected against exploitation and against moral and material abandonment.

Article 45: …provide early childhood care and education for all children until they complete the age of six years.

Article 51A: … (k) … parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The Right of Children to Free and Compulsory Education Act was enforced April 1, 2010.

Pre-conception and pre-natal diagnostic Techniques (prohibition of sex selection)Act 1994.

Infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) Act, 1992.

ACT FOR CHILD WELFARE

The juvenile justice (care and protection of children) Act, 2000.

The child Labour (prohibition and Regulation) Act, 1986.

The child Marriage restraint Act, 1929.

1. Non-discrimination.2. Special protection, opportunities

and facilities to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity.

3. The right to a name and nationality. 4. The right to social security,

adequate nutrition, housing, recreation and medical services.

UN DECLARATION OF THE RIGHTS OF THE

CHILD

5. The differently-abled child to be

given special treatment, education and care.

6. The need for love and understanding so that the child grows in the care and responsibility of his/her parents, and in an atmosphere of affection and moral and material security.

7. Entitlement to education, which should be free and compulsory, at least in the elementary stages.

8. The child should be among the first to receive protection and relief in all circumstances.

9. Protection against all forms of neglect, cruelty and exploitation, including that associated with employment.

10.Protection from practices that may foster racial, religious and other forms of discrimination.

11.The Right to enjoy these rights, regardless of race, color, sex, religion, national or social origin.

1. Right to develop in an atmosphere of affection and security and protection against all forms of neglect, cruelty, exploitation and traffic.

2. Right to enjoy the benefits of social security, including nutrition, housing and medical care.

3. Right to a name and nationality.4. Right to free education. 5. Right to full opportunity for play

and recreation.

RIGHTS OF CHILDREN

6. Right to special treatment, education and appropriate care, if handicapped.

7. Right to be among the first to receive protection and relief in times of disaster.

8. Right to learn to be useful member of society and to develop in a healthy and normal manner and in conditions of freedom and dignity.

9. Right to be brought up in spirit of understanding, tolerance, friendship among people, peace and universal brotherhood.

10.Right to enjoy these rights, regardless of race, color, sex, religion, national or social origin

The status of women in India has been subject to many great changes over the past few millennia.

In modern India, women have adorned high offices in India including that of the President, Prime minister, Speaker of the Lok Sabha, Leader of Opposition, etc.

RIGHTS OF WOMEN

Gender equality

Empowers the State to adopt measures of positive discrimination in favour of women. Women’s advancement in different spheres.

IMPORTANT CONSTITUTIONAL AND

LEGAL PROVISIONS FOR WOMEN IN INDIA

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women. Fundamental Rights prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment.

CONSTITUTIONAL PROVISIONS

Equality for women (Article 14) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth (Article 15) The State to make special provision in favour of women and children (Article 15)  Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State (Article 16)

Constitutional Privileges

The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood; and equal pay for equal work for both men and women (Article 39)

To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme (Article 39 ) 

The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42)

The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation (Article 46)

The State to raise the level of nutrition and the standard of living of its people (Article 47)

To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51)

Not less than one-third of the total number of seats to be filled by direct election in every Panchayat, Municipality to be reserved for women (Article 243 )

To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women.

Although women may be victims of any of the crimes such as 'Murder', 'Robbery', 'Cheating' etc, the crimes, which are directed specifically against women, are characterized as 'Crime against Women'.

LEGAL PROVISIONS

Rape (Sec. 376 IPC) Kidnapping & Abduction for different purposes ( Sec. 363-373) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC) Torture, both mental and physical (Sec. 498-A IPC) Molestation (Sec. 354 IPC) Sexual Harassment (Sec. 509 IPC) Importation of girls (up to 21 years of age)

The Crimes Identified Under the Indian Penal Code (IPC)

The Employees State Insurance Act, 1948 The Plantation Labour Act, 1951 The Family Courts Act, 1954 The Special Marriage Act, 1954 The Hindu Marriage Act, 1955 The Hindu Succession Act, 1956 with amendment in 2005 Immoral Traffic (Prevention) Act, 1956 The Maternity Benefit Act, 1961 (Amended in 1995) Dowry Prohibition Act, 1961

The Crimes identified under the Special Laws (SLL)

The Medical Termination of Pregnancy Act, 1971The Contract Labour (Regulation and Abolition) Act, 1976The Equal Remuneration Act, 1976The Prohibition of Child Marriage Act, 2006The Criminal Law Act, 1983The Factories Act, 1986Indecent Representation of Women (Prohibition) Act, 1986Commission of Sati (Prevention) Act, 1987The Protection of Women from Domestic Violence Act, 2005 The Employees State Insurance Act, 1948

National Commission for Women Reservation for Women in Local Self -Government The National Plan of Action for the Girl Child (1991-2000) National Policy for the Empowerment of Women, 2001

SPECIAL INITIATIVES FOR WOMEN

People living with HIV and AIDS have been discriminated throughout the world.

So, to reduce these disparities and violating acts some rights have been laid down bythe government and made the part of constitution to protect them

RIGHTS OF HIV

People with HIV infection/AIDS have same basic rights & responsibilities like:

1. Liberty, autonomy, security of the person and freedom of movement.

2. HIV testing

RIGHTS OF HIV

3. Confidentiality and privacy4. Health and support services, public

benefits, medical schemes and insurance.

5. Education on HIV and AIDS.6. The responsibility of media.7. The right of safer sex8. The right of prisoners9. Duties of persons with HIV or AIDS.

Persons with disabilities face discrimination and barriers that restrict them from participating in society on an equal basis with others every day

Disabled have however, remained largely ‘invisible and unable to enjoy the full range of human rights.

In recent years, there has been a revolutionary change in approach, globally, to close the protection gap and ensure that persons with disabilities enjoy the same standards of equality, rights and dignity as everyone else.

RIGHTS OF HANDICAP

1. General legal provisions 2. The disabled and the constitution3. Education Law for the Disabled4. Health Laws5. Family Laws6. Succession Laws for the Disabled7. Labour Laws for the Disabled8. The rights of the disabled 9. Judicial procedures for the disabled10.Income Tax Concessions

LEGAL RIGHTS OF THE DISABLED IN INDIA

11.The persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995

Prevention and early detection of disabilitiesEducationEmploymentAffirmative ActionNon-DiscriminationResearch and Manpower DevelopmentSocial SecurityGrievance RedressalThe Mental Health Act, 1987The Rehabilitation Council of India Act, 1992The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999

The mentally retarded person has, to the maximum degree of feasibility, the same rights as under human beings. The mentally retarded person has a right to proper medical care Right of economic security Whenever possible, the mentally retarded person should live with his own family or with his foster parents and participate in different forms of community life. The family with which he lives should receive assistance.

UN Declaration on the Rights of Mentally Retarded Persons

The mentally retarded person has a right to a qualified guardian The mentally retarded person has a right to get protection from exploitation, abuse and a degrading treatment Whenever mentally retarded persons are unable to exercise their rights in a meaningful way or it should become necessary to restrict or deny some or all of their rights

The Bill replaces the Persons with Disabilities Act, 1995.  Instead of seven disabilities specified in the Act, the Bill covers 19 conditions. Persons with at least 40% of a disability are entitled to certain benefits such as reservations in education and employment, preference in government schemes, etc. The Bill confers several rights including disabled friendly access to all public buildings, hospitals, modes of transport, polling stations, etc.

The Right of Persons with Disabilities Bill, 2014

In case of mentally ill persons, district courts may award two types of guardianship: a limited guardian & plenary guardian .

Violation of any provision of the Act is punishable with imprisonment up to six months, and/or fine of Rs 10,000.  Subsequent violations carry a higher penalty.

Ageing is a natural process, which inevitably occurs in human life cycle.

Ageing refers to a decline in the functional capacity of the organs of the human body, which occurs mostly due to physiological transformation, it never imply that everything has been finished.

Hence, given an appropriate opportunity, they are in a position to make significant contribution to the socio-economic development of their nation.

RIGHTS OF AGEING

1. National Policy for Older Persons on January 13, 1999:

Pension fund Construction of old age homes and day care centers for every 3-4 districts Concessional rail/air fares for travel Enacting legislation for ensuring compulsory geriatric care in all the public hospitals

GOVERNMENTAL PROTECTIONS

The Ministry of Justice and Empowerment has announced regarding the setting up of a National Council for Older Person, called agewell Foundation. It will seek opinion of aged on measures to make life easier for them.Attempts to sensitise school children to live and work with the elderly. Setting up of a round the clock help line and discouraging social ostracism of the older persons are being taken up.The government policy encourages a prompt settlement of pension, provident fund (PF), gratuity, etc. in order to save the superannuated persons from any hardships

The policy also accords high priority to their health care needs.According to Sec.88-B, 88-D and 88-DDB of Income Tax Act there are discount in tax for the elderly persons.Life Insurance Corporation of India (LIC) has also been providing several scheme for the benefit of aged persons, i.e.,Jeevan Dhara Yojana, Jeevan Akshay Yojana, Senior Citizen Unit Yojana, Medical Insurance Yojana.Former Prime Minister A.B.Bajpai was also launch ‘Annapurana Yojana’ for the benefit of aged persons

It is proposed to allot 10 percent of the houses constructed under government schemes for the urban and rural lower income segments to the older persons on easy loan.  

THANK YOU