RIGHTS OF SPECIAL GROUP presentation of slides

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PRESEN T ATION ON RIGHTS OF SPECIAL GROUPS: CHILDREN, WOMEN, HIV, HANDICAP AND AGEING

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 Ec o nomic 19 46 , the a n d S ocial o f th e United recommended Council Na t io n s that t he Declaration Ge neva 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. MAJOR CONSTITUTIONAL PROVISIONS

CONTI… Article 23: Traffic in human beings and beggar and other similar forms of forced labor are prohibited. 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. o pp ortunities a n d 2 . S p e c ial p r o t e c tion, facilities to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. The right to a name and nationality. The right to social security, adequate nutrition, housing, recreation and medical services. UN DECLARATION OF THE RIGHTS OF THE CHILD

The differently-abled child to be given special treatment, education and care. 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. Entitlement to education, which should be free and compulsory, at least in the elementary stages.

The child should be among the first to receive protection and relief in all circumstances. Protection against all forms of neglect, cruelty and exploitation, including that associated with employment. Protection from practices that may foster racial, religious and other forms of discrimination. 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 . Ri g ht t o e n jo y th e b e n efits o f s o cial sec u rit y , inc l ud i n g nutrit i on, housing and medical care. Right to a name and nationality. Right to free education. Ri g ht t o fu l l o ppor t uni t y fo r p la y a nd recreation. RIGHTS OF CHILDREN

Right to special treatment, education and appropriate care, if handicapped. Right to be among the first to receive protection and relief in times of disaster. 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. 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. I n modern India, wome n have adorned high offic e s in Ind i a President, Pri m e S p e a k e r that of the o f the L ok Sab h a , inc l uding minist e r , L e ader of Opposition, etc. RIGHTS OF WOMEN

Gender equality Empowers the Sta t e t o a d o p t measures of positive discrimination in favour of women. in Women’s advancement different spheres. IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR WOMEN IN INDIA

Constitution o f Ind i a The grants not o nly e qualit y t o women b u t a l so empowers the State to adopt measures of positive discrimination in favour of women. prohibits Fundamental Rights d i scrimi n a t ion a g ai n st a n y grounds of religion, race, caste, ci t i z en on s e x or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. CONSTITUTION A L 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 les s th a n on e - thir d o f th e t o t a l 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) Kidn a p p ing & Ab d uc t ion f or d i f fe r ent purposes ( Sec. 363-373) Homicid e fo r D o wry , Dowry Dea t hs 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) Impor t a t ion o f g i rls (u p t o 2 1 y e ars of age) The Crimes Identified Under the Indian Penal Code (IPC)

Th e Employe e s St a t e In s u r an c e Act, 1948 The Plantation Labour Act, 1951 The Family Courts Act, 1954 The Special Marriage Act, 1954 The Hindu Marriage Act, 1955 Th e Hi n du Suc c ess i on Ac t , 1956 w ith amendment in 2005 Immoral Traffic (Prevention) Act, 1956 Act , 1 9 61 Th e M a t erni t y B e nef i t (Amended in 1995) Dowry Prohibition Act, 1961 The Crimes identified under the Special Laws (SLL)

The Medical Termination of Pregnancy Act, 1971 The Contract Labour (Regulation and Abolition) Act, 1976 The Equal Remuneration Act, 1976 The Prohibition of Child Marriage Act, 2006 The Criminal Law Act, 1983 The Factories Act, 1986 Indecent Representation of Women (Prohibition) Act, 1986 Commission of Sati (Prevention) Act, 1987 The 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

infection/AIDS P e ople wit h HIV have same b a s ic rights & responsibilities like: Liberty, autonomy, security of the person and freedom of movement. HIV testing RIGHTS OF HIV

Confidentiality and privacy Healt h and su p port servic e s, public benefits, medical schemes and insurance. Education on HIV and AIDS. The responsibility of media. The right of safer sex The right of prisoners Duties of persons with HIV or AIDS.

with dis a b i liti e s Persons discrimi n a t ion a n d fa c e barri e rs th a t 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

General legal provisions The disabled and the constitution Education Law for the Disabled Health Laws Family Laws Succession Laws for the Disabled Labour Laws for the Disabled The rights of the disabled Judicial procedures for the disabled 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 disabilities Education Employment Affirmative Action Non-Discrimination Research and Manpower Development Social Security Grievance Redressal The Mental Health Act, 1987 The Rehabilitation Council of India Act, 1992 The 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 w i th Disabilities Act , 19 9 5 . 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 b u il d in g s , hospi t a ls , modes t o all public of tr a n s port, 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 w i t h i mpriso n ment and/or fine pun i sha b le months, 10,000. Subse q u e nt vi o latio n s carry u p t o s ix o f Rs a higher penalty.

Ag e ing is a na t u ral proces s , which inevitably occurs in human life cycle. Ageing refers to a decline fun c ti o n a l c a paci t y o f th e organs in t h e o f t h e 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 GOVERNM E NTAL 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 prompt g o v ern m ent pol i c y en c o u r a g es a set t lem e n t o f pe n s i o n, pr o vident 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 Senior Yojana, Citizen J eevan Unit Akshay Yojana, Y ojan a , M e d i cal Insurance Yojana. Form e r Prim e M in i ster also launch ‘Annapurana A. B . B a j pai w a s Y o jana ’ f or t h e benefit of aged persons

It is proposed t o allot 10 perc e nt o f the houses constructed under government schemes for the urban and rural lower income segments to the older persons on easy loan.

DISCUSSION

ABSTRACT

The International Covenant on Civil and Political Rights confers in Article 24 (1) a right to the protection of the child " Every child shall have, without any discrimination as to race, color, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State…".

The Article 10 of the International Covenant on Economic, Social and Cultural Rights states that special protection should be accorded to mothers during a reasonable period before and after childbirth…Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law."

Moreover, the Universal Declaration of Human Rights states in Article 25 (2) that "…motherhood and childhood are entitled to special care and assistance. All children whether born in or out of wedlock, shall enjoy the same social protection." The Section II paragraph 21 of the Vienna Declaration and Programme of Action urges States to ratify and implement the Convention on the Rights of the Child. In addition, in all actions concerning children, non-discrimination and the best interests of the child should be primary considerations. The Protocol II Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts says in Part II, Article 4 (3) (a) states that children

CONTI…. "…shall receive an education, including religious and moral education, in keeping with the wishes of their parents, or in the absence of parents, of those responsible for their care." Article 4 (3) (b) states that all appropriate steps shall be taken to facilitate the reunion of families temporarily separated. Article 4 (3) (c) provides that "…children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities." Furthermore, Article 4 (3) (d) states: "…measures shall be taken

Summaryy

CONCLUSION:

BIBLIOGRAPHY Vati J (20113), principles and practice of nursing management and administration ,1st edition, Jay Pee publishers, New delhi : p 184-188. • Masih shabnam , essentials of nursing management, 2nd edition, lotus publication, new Delhi:p 78-80. • K deepak , C chandran sarath , P B kumar mithun , a comprehensive textbook on nursing management, 2nd edition, emmess publication, bangalore , p 83 Manivannan c, latha t, Baskaran j textbook of nursing management in service and education jaypee publications 1st edition ,page no 205-208
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