Protection

Abstract

Children, irrespective of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, need special care and protection. Hence every child has a right to be protected against exploitation and it becomes the duty of the society, i.e. the family, the school, the general public and primarily of the state, to ensure the protection of the rights of the child.

Exploitation of children’s ignorance and lack of experience leave them vulnerable to make wrong choices with regard to the rights of their physique, property or other rights. If they are not given proper protection and guidance, they would say ‘yes’ in some situations where they would be better off in the long run, if they were to say ‘no’, or would do some thing which could harm them physically, financially, socially or even psychologically. Therefore every child needs guardianship and protection of some competent authority until s/he is competent enough to make decisions for her/him self.

This does not, however, mean that the freedom of the child should be unduly restricted. Children are free human beings, thus their freedom of choice regarding their bodies, education, health, religion, relationships, property etc, have to be guarded and restricted but within a limit. The limit as the law recognizes it is ‘the best interest of the child’. Accordingly, any authority who exercises the controlling power over a child should do so in the best interest of the child. If such authority is misused, or the authority is used against the best interest of the child, such authority can be brought before the court. As the court is considered the upper guardian of every child, it can intervene on behalf of a child and prevent anybody, i.e. even a natural parent, from exercising any authority or control over a particular child, where it appears that such authority is being exercised against the best interest of the child.