TOURISM AND CHILD RIGHTS HRLN- KERALA

Amnesty International “Children's rights as the human rights of children

with particular attention to the rights of special protection and care afforded to minors, including their right to association with both parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity etc

Tourism- According to Hunziker and Krapf (1942)

Tourism is the totality of the

relationship and phenomena arising from the travel and stay of strangers, provided that the stay does not imply the establishment of a permanent residence and is not connected with a remunerated activity.’

Key Human Rights issues vis a vis Tourism

Labour conditions and a living wage Land rights and forced displacement The rights of indigenous peoples The right to water and sanitation The right to life and health The right to dignity and privacy Economic exploitation Cultural exploitation Child labour Sexual exploitation The right to participate.

International legislative framework

Universal Declaration of the Rights of the child 1959 United conventions on the Rights of the Child 1989 The Stockholm Declaration and Agenda for Action The Yokohama Global Commitment 2001 South Asia strategy against commercial Exploitation

of Children and Child Sexual Abuse The United Nation Standard Minimum Rules for the

administration of Juvenile Justice ( The Beijing rules) Optional Protocol to the convention on the rights of

the child on the Sale of Children , Child Prostitution and child pornography

UN CONVENTION ON THE RIGHTS OF THE CHILD 1989

Three major principles emphasized :- Survival Protection Development age of the child specifically mentioned as Below 18. The best interest of the child the primary

consideration and obligation placed on the state parties to ensure the same.

The right to an individual identity at the time of birth including Nationality

Right to have a family and non discrimination in the event separated from a parent.

The Right to express the child’s views, freedom of speech and expression, freedom of association

Right to privacy, Right to information State parties shall take all appropriate legislative ,

administrative social and educational measures to protect the child from physical of mental violence

Rights of a disabled child given equal importance. Right to health, Right against sexual exploitation,

right against all kinds of exploitation

Linkages between international and national agencies

Capacity building of government functionaries

Enabling inclusion Enhancing capacity Adult sensitization Accessing information.

Recovery and reintegration Non punitive approach with better judicial

sensitivity Provide social , medical , psychological

counseling and other support to child victims Gender sensitive training of medical personnel,

teacher, social workers , NGO’s etc Remove societal stigmatization Alternative means of sustainable livelihood Adopt legal sanctions against perpetrators Identify or establish and support networks of

children in developing and implementing government and ther programs.

Domestic Legal Framework

Constitution of India Indian Penal Code Juvenile Justice Care and Protection Act

2000 Child Labour Prohibition and Regulation Act Immoral Trafficking Prevention Act Protection of Children from Sexual

Offences Act 2005 State Commission on the Protection of

Child Rights.

Juvenile Justice Act JJ Act 2000 lays special emphasis on the

rehabilitation and social integration of the children.

The Act has provided for institutional and non-institutional measures for care and protection of children.

It envisages a system of partnerships with local communities and local governments to implement the legislation.

JJ Act further provides for the establishment of children’s homes, for the care, treatment and protection of neglected and abandoned children.

The JJ act also speaks for the setting up of Observation homes, Juvenile homes, Special homes, Aftercare homes and recognizing fit persons/institutions for the temporary reception of both children in need of care and protection and that of children in conflict with law.

In order to deal with children in need of care and protection and children in conflict with law the JJ Act 2000 has authorized constitution of two competent authorities.

They are: a. Child Welfare Committee (CWC) for

children in need of care and protection (Section 29)

b.  Juvenile Justice Board (JJB) for children in conflict with law. (Section 4).

Protection of Children From Sexual Offences Act 2012

Defines Sexual Assault, Sexual harassment Penalizes pornographic use of children. Internet offences brought within the purview. Mandatory reporting of offences and Penalising

for non reporting Procedures for recording the statement of a child Special courts Procedure for trial Guidelines for taking the assistance of experts.

PROCEDURE FOR REPORTING( s.19) Information to be provided to the

Special Juvenile Police Unit Local Police

The Report should be put down in writing with an entry number.

Should be read over to the informant If information to a child it should be in a simple language. If

information is being recorded in a language not known to the child it should be translated or interpreted .

If it’s a child in need of care and protection then immediate arrangements should be made to place the child in protection.

The SJPU/local police should immediately inform the Child Welfare committee and the designated Special Court/ Court of Session within 24 hours.

Any personnel belonging to the media/hospital/lodge on coming across sexually exploitative material should inform the SJPU

Any person failing to report or record the commission of offence will be punishable with 6months imprisonment + fine.

Any person in charge of an institution/company failing to report the commission of the offence punishable with 1yr + fine.

No person shall make any reports or comments in the media/studio/photographic facilities without accurate information leading to bringing down the dignity of the child or make any report revealing the identity of the child shall be punishable with 6 months to one year imprisonment – Section 23

Child Labour (Prohibition and regulation) Act 1986

Prohibition of Child Labour in occupations set forth in Schedule A.

Age of Child is 14. Penalty- First time offender will face

minimum 3 months imprisonment to 1 year . Fine from 10,000/- to 20,000/-

Second time offender will face minimum 6 months to 2 years.

Schedule A Handloom and powerloom industry Transport of passengers, goods or

mails by Railway Cinder picking, cleaning of ash pit etc Work in a catering establishment in a

railway station Port authorities Automobile workshop and garages

Employment of children as domestic workers or servants

Employment of children in Dhabas,restaurants,hotels,motels,tea shops,resorts,spas or other recreational centers,

Diving

Recommendations on Child Labour

Recommendations from the Article “Impact of Labour Laws on Child Labour: A case of Tourism Industry “ Sharma A*1, Kukreja S1, Sharma A2

Different sectors and sections in tourism such as unorganized sector, business development sector and industry must formulate a code – “Child Labor free Tourism”

• Tourism Industry must follow the minimum age provisions in accordance to National labour laws and Regulations.

• They must develop their own codes of conduct and must make it explicit in their company’s formal policy that all forms of child labour will be avoided, and they will adopt a “No Child Labour Policy’’.

• Must participate in efforts to combat child labour in industries through multi-stakeholder initiatives – collaborative efforts of industries, companies, trade unions, NGO’s, Government etc.

• Working with NGO’s by assisting the children to go back to school etc.

• Ensure that all the child's needs are catered for by the parents or guardians

• The employers and their organization can form their employer’s federations to influence the development of national policies on child labour.

• Must Create awareness among tourism personnel on the rights of the child and how to stop child labour.

• ensure that no child under 18 years of age is employed, be it temporary or permanent

• Prosecute in the court of law employers who illegally employ minors

• Ensure that all employees are well paid to cater for their family needs

• Incorporate chefs, local leaders, teachers and parents and interested persons and educate the community on the side effects of child labour

• Inspect labour officers and union leaders in order to curb bribery and/or corruption by employers of child workers.

WTO-National Tourism Adminstration guidelines• To assume responsibility for dealing with sexual

exploitation of children in tourism as the main resource and contact person, at the national level and in relation to other countries.

To track down and know facts about sexual exploitation of children in tourism, both in the country of operation of the focal point and abroad.

To raise awareness of this problem with civil society, industry and other administrations, whether central or local, as appropriate.

To know relevant international instruments and national legislation such as laws on child protection, sexual crimes, extra-territoriality of crimes and related issues.

To know the national and international institutions that deal with sexual exploitation of children(contact persons, addresses, services offered by emergency services, police, non-governmental advocacy groups, etc.).

To seek and enhance co-operation with other institutional partners in the public and private sectors.

To intervene, personally or through established structures or other institutional partners, in the incidents involving sexual exploitation of children in tourism.

To help mobilize and organize assistance for children sexually exploited in the tourism sector.

To attend inquiries from industry, advocacy groups, the media and the public at large

To organize or help organize briefing and training activities for tourism staff to deal with the prevention of sexual exploitation of children in the tourism industry.

To organize or help organize national campaigns against sexual exploitation of children in tourism.

To liaise with other focal points and services intervening in the protection of children from sexual exploitation in tourism, at the national, local and international levels, including the WTO Task Force.

THANK YOU