essay about child rights in nepali

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Essay on child rights in nepal

                            CHILD RIGHTS IN NEPAL

Child rights simply refers to the right to children. They are essential for their all round development. Today’s children are the tomorrows nation builders. They should be made able to shoulder the nation in future. Realizing this fact our country has introduced some rights as child rights.

Our present constitution has introduced child rights as fundamental rights. It means it cannot be violated at any sense. Some important child rights are right to love and affection, right to name and nationality, right to education, right to recreation and sports and so on. Nepal aims to ensure these rights to every child here.

Moreover, childhood is the tender age. Their mind can be compare with clay. We can shape it. They learn everything form the environment around them. So they should be kept free form exploitation and torture. If they are ill treated in the society, the anti-social feeling may grow in them. As the result, there won’t be unity in the future. Hence, it is also believed to be a child right.

The effort of the government alone may not be enough to promote the condition of child rights. There are some NGO’s in Nepal and the world working for the children. Some of the worth mentioning among them in our country are CWIN, SON, UNDP, UNICEF, STC etc. they are also working in Nepal to work in favour of our children.

Even though, we have strict provision in this regard, we see the children involving in various types of work such as collecting plastics, bottles, pans, pots and used cans, instead of going to school. Undoubtedly these types of work are against child rights. The children are engaged in service as servant in rich man’s house, factories, garment, and other industries. It is against child rights. These activities hinder the overall development of our children.

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Child Rights in Nepal

2000, SSRN Electronic Journal

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ई पोर्टल बारे

NATIONAL CHILD RIGHTS COUNCIL

Brief Information

1. INTRODUCTION

The Government of Nepal has formed National Child Rights Council as per the Section 59 of Children's Act, 2018 under the chairpersonship of the Women, Children and Senior Citizens Minister in order to protect and promote the rights of children by transforming Central Child Welfare Board formed under Children's Act, 1992. According to the Children's Regulation, 1994 (Second Amendment, 2020), there are altogether 25 members consisting of 12 representatives of federal ministries, National Planning Commission and Nepal Police, secretary of Social Development Ministry of 7 provinces and 4 members nominated by the Government of Nepal from civil society, and Executive Director of the Council as a Member-Secretary.  

2. ORGANIZATIONAL STRUCTURE

3. RIGHTS, DUTIES AND RESPONSIBILITIES OF THE COUNCIL

Approve the long-term policy, plan and annual program budget of the Council.

Provide suggestions to the federal, provincial and local government in order to adopt required policy, legal, plan, program and institutional measures for respect, protection, promotion and fulfilling the rights of children.

Provide suggestions by monitoring, evaluating and reviewing programs conducted by the Government of Nepal.

Facilitate to prepare periodic report in line with International Conventions in which Nepal is a party.

Coordinate with and facilitate to Provincial and Local Child Rights Committee for monitoring, evaluating and reviewing the programs conducted by provincial and local government.

Strengthen capacity of concerned stakeholders in course of protecting and promoting the rights of children.

Publicize annual report of state of children based on information and report received from Provincial and Local Child Rights Committee.

Develop, operate, manage and strengthen child related national information system.

Manage office of the Council, human resources and financial resources, and mobilize and develop capacity.

Implement required programs for protection and promotion of the rights of children by mobilizing assistance received from bi-lateral and multi-lateral development partners with the consent of Ministry of Finance.

Conduct specific national campaign for protecting and promoting the rights of children by prioritizing the plan, annual policy and program approved by the Government of Nepal.

Determine basic needs to be availed to children resided in child care home, child correction home, temporary protection service centre and rehabilitation centre in recommendation of Local Child Rights Committee.

4. FIVE-YEAR STRATEGIC FRAMEWORK OF THE COUNCIL

A. Vision : Country fit for each and every child.

B. Mission : Develop NCRC as a specific agency in order to facilitate the issues of the rights of children.

C. Goal: Assurance of the rights of children.

D. Believe and Assumption/Values : 

• Every child has innate capacity, and basic services are essential to exalt the personality of children.
• Every child is a foundation for human capital development and future of the country.
• Responsibilities of state mechanism should be strong towards needy children.
• Each organization and agency can contribute to the cause of children.

.E. Principles:

• Non-discrimination but affirmative actions
• Best interests of the child
• Long life and development of the child
• Respect to views of children
• Identify & value of and collaboration & cooperation with professional institutions

F.   Objectives:

The main objective of this framework is to develop capacity of the Council and Provincial and Local Child Rights Committee in course of protecting and promoting the rights of children. The specific objectives are to -

develop child-friendly environment in local, provincial and federal level,

contribute to strengthen child protection system,

strengthen capacity of child related stakeholders,

facilitate to mainstream the cause of children in development process, and

strengthen monitoring and evaluation.

5. STRATEGIC ACTIONS

Facilitate to federal, provincial and local government for effective implementation of child friendly law, policy, plan and programs.

Facilitate in developing policies, guidelines and standards of different aspects of the cause of children.

Develop coordination, collaboration and network among government, non-government and corporate sector.

Strengthen capacity of the Council, Provincial and Local Child Rights Committee, and other concerned stakeholders.

Contribute to improve child protection system.

Develop capacity and mobilize National Centre for Children at-Risk -NCCR (Toll Free No. 104) and Child Helpline (Toll Free No. 1098).

Conduct campaign of targeted programs based on priority of the issues of children.

Conduct child rights related awareness raising programs.

Strengthen information management, research, publication, monitoring and evaluation.

Advocate with three tiers government for increasing investment for children.

Manage financial resources -

Increase partnership with UN agencies and INGOs.

Advocate with the donors like, multilateral & bilateral agencies, World Band and Asian Development Bank for cooperation.

Compete child related project proposals called by national and international agencies and organizations.

Request private/corporate sector for cooperation and collaboration for the cause of children.

राष्ट्रिय बाल अधिकार परिषद् संक्षिप्त जानकारी

बालबालिकाको हक हित तथा कल्याणका निम्ति बालबालिकासम्बन्धी ऐन, २०४८ अनुसार गठित केन्दीय बाल कल्याण समितिलाई रूपान्तरण गरी नेपाल सरकारले बालबालिका सम्बन्धी ऐन, २०७५ कोे दफा ५९ बमोजिम बालबालिकाकाे हक, हित तथा अधिकारकाे संरक्षण र सम्बद्धन गर्न नेपाल सरकार, महिला, बालबालिका तथा ज्येष्ठ नागरिक मन्त्रीको अध्यक्षतामा राष्ट्रिय बाल अधिकार परिषद् गठन भएको छ । बालबालिका सम्बन्धी नियमावली, २०५१ (दोस्रो संशोधन, २०७६) अनुसार संघीय मन्त्रालय, राष्ट्रिय योजना आयोग र नेपाल प्रहरीका तोकिएका प्रतिनिधि १२ जना, प्रत्येक प्रदेश सामाजिक विकास मन्त्रालयका सचिव ७ जना, नेपाल सरकारले मनोनयन गर्ने ४ जना सदस्यहरु र परिषद्का कार्यकारी निर्देशक सदस्य–सचिव रहने गरी जम्मा २५ सदस्यीय परिषद् रहेको छ ।   २. संगठनात्मक संरचना

  ३. काम, कर्तव्य र अधिकार

क.     राष्ट्रिय बाल अधिकार परिषद्को दीर्घकालीन नीति, योजना र वार्षिक कार्यक्रम तथा बजेट स्वीकृत गर्ने,  ख.     बालबालिकाको अधिकारको सम्मान, संरक्षण, प्रवद्र्धन र परिपूर्तिको लागि आवश्यक नीति, कानून, योजना, कार्यक्रम र संस्थागत संयन्त्रको व्यवस्था गर्न नेपाल सरकार, प्रदेश सरकार  र स्थानीय तहलाई सुझाव दिने,  ग.     नेपाल सरकारद्वारा सञ्चालित बालबालिकासम्बन्धी कार्यक्रमको अनुगमन, मूल्याङ्कन तथा समीक्षा गरी सुझाव दिने,  घ.     नेपाल पक्ष रहेका बाल अधिकारसम्बन्धी अन्तर्राष्ट्रिय सन्धिअन्तर्गत आवधिक प्रतिवेदन तयार गर्न सहजीकरण गर्ने,  ङ.     प्रदेश सरकार र स्थानीय तहद्वारा सञ्चालित बालबालिकासम्बन्धी कार्यक्रमको अनुगमन, मूल्याङ्कन तथा समीक्षाका लागि सम्बन्धित प्रदेश र स्थानीय बाल अधिकार समितिसँग समन्वय र  आवश्यक सहजीकरण गर्ने, च.     बाल अधिकार संरक्षण तथा प्रवद्र्धन गर्ने सम्बन्धमा सरोकारवालाको क्षमता अभिवृद्धि गर्ने,  छ.     प्रदेश र स्थानीय बाल अधिकार समितिबाट प्राप्त वार्षिक प्रतिवेदन तथा विवरण समेतको आधारमा बालबालिकासम्बन्धी राष्ट्रिय स्थिति प्रतिवेदन वार्षिक रुपमा सार्वजनिक गर्ने,  ज.     बालबालिकासम्बन्धी राष्ट्रिय सूचना प्रणालीको विकास, सञ्चालन, व्यवस्थापन तथा सुदृढीकरण गर्ने,  झ.     राष्ट्रिय बाल अधिकार परिषद्को कार्यालय, कर्मचारी दरबन्दी तथा जनशक्ति र आर्थिक स्रोत साधनको व्यवस्था मिलाउने, परिचालन गर्ने, तालिम दिने तथा क्षमता अभिवृद्धि गर्ने,  ञ.     नेपाल सरकार, अर्थ मन्त्रालयको स्वीकृति लिई बाल संरक्षण तथा बाल अधिकार प्रवद्र्धनका लागि द्विपक्षीय तथा बहुपक्षीय विकास साझेदार एवम् अन्तर्राष्ट्रिय संघसंस्थाबाट प्राप्त सहायता परिचालन गरी आवश्यकता अनुसार कार्यक्रम सञ्चालन गर्ने, ट.     नेपाल सरकारको स्वीकृत योजना, वार्षिक नीति तथा कार्यक्रम अनुकूल प्राथमिकता निर्धारण गरी बाल संरक्षण तथा बाल अधिकार प्रवद्र्धनका लागि विशेष राष्ट्रिय अभियान सञ्चालन गर्ने, ठ.    स्थानीय बाल अधिकार समितिको सिफारिसमा बालगृह, बाल सुधार गृह, अस्थायी संरक्षण सेवा र पुनस्र्थापना केन्द्रमा आश्रित बालबालिकालाई उपलब्ध गराउनु पर्ने आधारभूत आवश्यकताको निर्धारण गर्ने । 

४. राष्ट्रिय बाल अधिकार परिषद्को आगामी पाँचवर्षे रणनीतिक खाका 

क. दीर्घकालीन सोचः प्रत्येक बालबालिकामैत्रीे देश हुने ।

ख. ध्येयः बाल अधिकारका विषयहरुमा सहजीकरण गर्नका लागि राष्ट्रिय बाल अधिकार परिषद्लाई विशिष्टीकृत संस्थाको रुपमा विकास गर्ने । 

ग.  लक्ष्यः बाल अधिकारको सुनिश्चित गर्ने ।

घ.    मुल्य/मान्यता र विश्वासः

१. प्रत्येक बालबालिकामा क्षमता अन्तरनिहित हुन्छ र उनीहरुको व्यक्तित्व विकासका लागि आधारभूत सेवासुविधाको आवश्यक हुन्छ । 

२. प्रत्येक बालबालिका देशको भविष्य र मानव पुँजी विकासको आधारशीला हो । 

३. राज्य सञ्चालनका संयन्त्रहरुबाट विशेष संरक्षणको आवश्यकता भएका बालबालिका प्रतिको दायित्व प्रभावकारी रुपमा निर्वाह हुनु पर्दछ । 

४. बालबालिकाको हकहितको संरक्षण र प्रवद्र्धनका लागि प्रत्येक सम्बद्ध निकाय, संघसंस्था, सञ्चार क्षेत्र र नागरिकले योगदान दिन सक्छ । 

ङ.     सिद्धान्तः

१. अविभेद तर सकारात्मक विभेद

२.   बालबालिकाको सर्वाेत्तम हित

३.    बालबालिकाको दीर्घ जीवन र दीगो विकास

४.   बालबालिकाको भावना तथा विचारको कदर

५.   विशेषज्ञ संस्थाहरुको पहिचान, सहकार्य र महत्व

च.    उद्देश्यः बाल अधिकारको सम्मान, संरक्षण, प्रवद्र्धन र परिपुर्तिका लागि राष्ट्रिय बाल अधिकार परिषद् लगायत प्रदेश र स्थानीय बाल अधिकार समितिको क्षमता अभिवृद्धि गर्नु प्रमुख उद्देश्य रहेको छ । विशिष्ट उद्देश्यहरु निम्नानुसार रहेका छन्ः

१.    संघ, प्रदेश र स्थानीय तहमा बालमैत्री वातावरण विकास गर्न सहजीकरण गर्ने ।

२.   बाल संरक्षण प्रणाली सुदृढ र सवल बनाउन सहजीकरण गर्ने । 

३.    बालबालिकासम्बद्ध सरकारी निकाय र विकास साझेदार संघसस्थाको क्षमता विकास गर्ने । 

४.   विकास प्रक्रियामा बालबालिकाको विषयहरुलाई मूलप्रवाहीकरण गर्न संघ, प्रदेश र स्थानीय तहमा सहजीकरण गर्ने ।  

५.  अनुगमन र मूल्याङ्कन व्यवस्थापन प्रणाली सुदृढ गर्ने । 

५. रणनीतिक कार्यहरु १.   बालमैत्री कानून, नीति, योजना र कार्यक्रमको प्रभावकारी कार्यान्वयनका लागि संघ, प्रदेश र स्थानीय सरकारसँग सहजीकरण गर्ने । २.   बालबालिकासम्बन्धी विविध विषयहरुको नीति, निर्देशिका र मापदण्ड निर्माणमा सहयोग तथा सहजीकरण गर्ने ।  ३.  सरकारी निकाय, विकासका साझेदारहरु र निजी क्षेत्रबीच समन्वय, सहकार्य र सञ्जाल विकास गर्ने ।  ४.    राष्ट्रिय बाल अधिकार परिषद्, प्रदेश र स्थानीय बाल अधिकार समिति एवम् अन्य सरोकारवाला संस्थाहरुको क्षमता अभिवृद्धि गर्ने ।  ५.    बाल संरक्षण प्रणाली सुधार गर्न सहजीकरण गर्ने ।  ६.  बालबालिका खोजतलास समन्वय केन्द्र (निःशुल्क टेलिफोन नं. १०४) र बाल हेल्पलाइन (निःशुल्क टेलिफोन नं. १०९८) को क्षमता अभिवृद्धि र परिचालन गर्ने ।  ७.    बाल विकास र संरक्षणका विषयहरुमध्ये प्राथमिकताको आधारमा लक्षित कार्यहरु तथा अभियान सञ्चालन गर्ने ।  ८.   बालबालिकासम्बन्धी चेतना जागरणका कार्यहरु गर्ने ।   ९.    बालबालिकासम्बन्धी सूचना व्यवस्थापन, प्रकाशन, अध्ययन, अनुगमन, मूल्याङ्कन कार्यहरु सुदृढ गर्ने ।  १०.   तीनै तहका सरकारबाट बालबालिकाका लागि लगानी बृद्धि गर्न पैरवी गर्ने । ११.   आर्थिक स्रोत व्यवस्थापन गर्ने – 

• संयुक्त राष्ट्रसंघीय निकाय र अन्तर्राष्ट्रिय गैरसरकारी संस्थाहरुसँग कार्यक्रमको साझेदारी अभिवृद्धि गर्ने । 
• बहुपक्षीय, द्विपक्षीय लगायत विश्व बैङ्क, एसियाली विकास बैङ्कजस्ता संस्थाहरुसँग सहयोगका लागि अनुरोध गर्ने ।
• स्वदेशी र विदेशी निकाय तथा संघसंस्थाबाट गरिएको खुल्ला बालहित परियोजनाको प्रस्ताव आह्वान गर्दा प्रतिस्पर्धा गर्ने । 
• बालहितसम्बन्धी कार्यक्रमका लागि निजी क्षेत्रसँग अनुरोध तथा सहकार्य गर्ने ।

स्रोत सामग्री

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• स्थानीय सरकार सञ्चालन ऐन, २०७४ मा बालबालिकासंग सम्बन्धित केही प्रावधानहरु
• नेपालको संविधान र बालअधिकार
• बालबालिकासंग सम्बन्धित केही तथ्याङ्कहरु पहिले र अहिले

नेपाल सरकार

महिला, बालबालिका तथा जेष्ठ नागरिक मन्त्रालय

राष्ट्रिय बालअधिकार परिषद्

 पुल्चोक, ललितपुर

फोन : ०१-५५५०१२१,५५५०१४७

फ्याक्स : ५५२७५९१

इमेल : [email protected];[email protected]

• स्वास्थ्य मन्त्रालय
• सूचना तथा सञ्चार मन्त्रालय
• सङ्घीय मामिला तथा स्थानीय विकास मन्त्रालय
• श्रम तथा रोजगार मन्त्रालय
• शिक्षा विभाग

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The State of Child Health and Human Rights in Nepal

* To whom correspondence should be addressed. E-mail: [email protected]

• Erik Bøhler,
• Khagendra Dahal,
• Edward Mills
• Sonal Singh, 
• Erik Bøhler, 
• Khagendra Dahal, 

Published: July 4, 2006

• https://doi.org/10.1371/journal.pmed.0030203
• Reader Comments

Citation: Singh S, Bøhler E, Dahal K, Mills E (2006) The State of Child Health and Human Rights in Nepal. PLoS Med 3(7): e203. https://doi.org/10.1371/journal.pmed.0030203

Copyright: © 2006 Singh et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

Funding: The authors received no specific funding for this article.

Competing interests: The authors have declared that no competing interests exist.

Abbreviations: HDI, Human Development Index; NGO, non-governmental organization

Nepal is one of the poorest countries in the world, with a per capita gross national product of US$240. Nearly 40% of the 25 million people living in Nepal do so on less than a dollar a day [ 1 ]. About 90% of the population lives in rural areas. The high-intensity (more than 1,000 deaths per year) conflict between the Communist Party of Nepal (Maoist) rebels and the government forces led by the Royal Nepalese Army has affected the health, education, and other rights of the most vulnerable members of society, especially women and children [ 2 ]. The conflict, which began in 1996, has resulted in widespread human rights violations by both parties as it draws the population into the conflict as both soldiers and victims.

In this article we examine the evidence on the current state of child health and human rights in Nepal ( Box 1 ). We argue that time is running out for the children of Nepal, as they face an uncertain future if their health and human rights concerns are not addressed by local governments, nongovernmental organizations (NGOs), and the international community in a timely manner. We also suggest possible solutions to the current problem.

Bleak Indicators

In 1996, before the insurgency began, Nepal ranked 124 out of the 137 countries on the United Nations Development Programme's Human Development Index (HDI) [ 3 , 4 ]. This index, which has a score of 0 to 1, gives a measure of longevity, health, education level, and standard of living. Nepal's HDI was 0.471 in 1996 [ 3 , 4 ]. Although Nepal has since then moved from the rank of “low” to “medium” development countries (its HDI score in 2005 was 0.526 [ 5 ]), this apparent improvement has not improved the lives of most of the rural population. The armed conflict has eroded the tenuous gains in key development indicators [ 4 ].

The Nepal Demographic and Health Survey of 2001 found an infant mortality rate of 64 per 1,000 live births and a neonatal mortality rate of 39 per 1,000 live births [ 6 ]. There are widespread disparities in health services, life expectancies, education, and income between urban areas like the capital Kathmandu and the district headquarters on one side and the majority rural areas on the other. The under-5 mortality rate in urban areas is 93.6 per 1,000, whereas in rural and mountainous regions it increases to 147 per 1,000 and 201 per 1,000, respectively [ 6 ]. The maternal mortality rate is one of the highest in the world at 539 per 100,000 live births [ 5 ]. In rural Nepal more than 90% of birth deliveries are at home. Women face a one in 24 risk of dying during pregnancy and childbirth, and current levels of insecurity are increasing this risk further, as the conflict is hindering pregnant women from reaching hospitals for delivery [ 6 , 7 ].

Status of Child Health

One out of every 11 children in Nepal dies before reaching the age of five [ 6 ], and almost 70,000 children die yearly from preventable causes. One in two children is stunted or underweight, with little improvement in this situation since the 1990s [ 6 ]. A recent study estimated around 30,000 annual deaths due to diarrheal diseases in the country [ 8 ]. In a recent analysis, nearly 66% of schoolchildren in the northeastern part of Kathmandu Valley were found to have parasitic infections and nearly half of them had multiple parasitic infections [ 9 ]. Only one in four children in Nepal sees a health provider for illnesses [ 6 ]. Children are particularly vulnerable, because they are less likely to be taken long distances to health centers.

Impact of the Conflict on the Health Sector

The Royal Nepalese Army controls the capital, Kathmandu, and the 75 district centers in the country, while many areas surrounding the district centers and rural areas are under Maoist control [ 10 ]. Families may be subjected to harassment if they attempt to leave or enter the Maoists' heartlands. A transport shutdown by the Maoist rebels in March 2005 held up the supply of vaccines, vitamin A, and de-worming drugs to nearly 3.6 million Nepalese children. Annually, some 12,000 children in Nepal would succumb to diseases without these essential medicines [ 10 ].

The delivery of health services has been disrupted in the far western regions and severely restricted in other parts of the country [ 11 , 12 ]. Several community health posts have been destroyed and dozens of health-care workers have lost their lives. According to INSEC (Informal Sector Service Center), an independent human rights organization, 40 health posts were destroyed between January 2002 and December 2004 [ 10 ]. The Maoists destroyed the electrical supply of Okhaldhunga Hospital, a small hospital in remote eastern Nepal, in an attempt to harm a nearby army camp that got its electrical supply from the same power plant. As a result, operations such as caesarean sections were being performed under torchlight ( Figure 1 ). Health education programs conducted by the district public health offices and other private organizations are on the decline due to Maoist and government threats. Health-care workers fear a rise in communicable diseases and several organizations, including Médecins Sans Frontières, have had to scale back their activities in rural Nepal as a result of the insurgency.

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https://doi.org/10.1371/journal.pmed.0030203.g001

The conflict has had a variable impact on coverage of primary-care posts in rural areas. [ 10 ]. In some Maoist-controlled areas, health post staff are threatened with reprisals if they do not stay at their posts. In other areas, staff have fled their posts since the beginning of the conflict, both for fear of their lives and because of heavy “taxation” of government employees by the Maoists. The government's directive that health professionals who provide treatment for injuries without appropriate notification can be prosecuted as supporters of terrorism has created a difficult scenario for health workers, who risk incarceration [ 13 ]. In April 2006, several physicians in Kathmandu were detained for taking part in peaceful demonstrations and two foreign physicians were deported for treating victims of the violence [ 14 ].

Although there is no study establishing a conclusive link between the conflict and mental disorders, a recent cross-sectional survey of 290 internally displaced people in Nepal found high rates of post-traumatic stress disorder (53.4%), anxiety (80.7%), and depression (80.3%) [ 15 ]. Psychiatrists and mental health hospitals have seen an increase in the number of patients in recent years (Okhaldhunga Community Hospital Public Health Unit, unpublished data). Data from Okhaldhunga Hospital in 2004 showed a general downward trend in attendance, probably due to transportation problems caused by the conflict, but an increase in consultations for mental disorders (Okhaldhunga Community Hospital Public Health Unit, unpublished data). Within this situation of uncertainty and conflict, hundreds of children raise themselves, due to the loss of their parents and relatives [ 16 ]. Among students, 74% percent in Maoist-affected areas fear that the rebels or government forces might abduct them [ 17 ]. There is a general lack of hope, especially among the youth. Some of them have left the countryside. Others have joined the insurgents or developed reliance on drugs and alcohol [ 15 ].

Children Lack Food and Education

Children face food insecurities due to frequent blockades and cutbacks in local food production caused by the exodus of merchants from rural areas, lack of access to markets, and the displacement of able members of some households [ 18 ]. This food insecurity is not evident in Kathmandu, but is clear in the rural areas. The very high prevalence of babies who are “low weight for gestational age” means that newborn children are already at risk [ 19 ]. The malnutrition situation is particularly serious in many parts of the midwestern region, which are badly affected by the conflict, with Humla district having the highest rate of malnourishment in the country [ 20 ]. A recent survey by the NGO Terre des Hommes among internally displaced children under three years of age in four Village Development Committees in a western Terai district found that 59% of children were underweight and 15.9% had wasting [ 21 ].

The conflict has also deprived Nepalese children of education. Prior to the conflict, access to education in Nepal was extremely limited for girls, members of the lower castes, and other disadvantaged groups [ 22 ]. Currently one out of every five children aged six to ten does not attend school [ 23 ]. Nearly 700 private schools have closed down since 1996. Even in districts where schools are open, the continuing series of strikes and blockades has reduced the time children can go to school [ 22 ]. Schools in rural areas are under-attended by students and teachers due to fear, insecurity, and displacement [ 18 ]. Schools have been bombed and attacked [ 18 ]. Mines have been placed in and around schools and playgrounds [ 22 ]. Schools have been used as grounds for child recruitment and abduction of teachers, or turned into barracks and used for political meetings [ 18 ].

HIV/AIDS in Children

Although the incidence of HIV in children in Nepal is low, WHO/UNAIDS (World Health Organization/United Nations Programme on HIV/AIDS) estimates that there were 940 children living with HIV and nearly 13,000 children orphaned due to AIDS at the end of 2003 [ 24 ]. The reality of the situation is unclear, as many have been trafficked to India for sex work [ 24 , 25 ]. A study by General Welfare Pratishthan, an NGO working on the prevention of HIV and STDs, postulated that the current conflict may have pushed a large number of young girls from rural villages to urban areas in search of food, shelter, and security who later end up involved in prostitution for subsistence [ 26 ]. This may fuel the spread of HIV among young girls.

Children and Human Rights

Since the end of the cease-fire in 2003, there has been a steady increase in human rights violations against Nepalese children by both parties to the conflict. The National Human Rights Commission estimates that more than 500 children have been killed in the conflict [ 27 ]. Although it is extremely difficult to assess the complete extent of child soldiering in Nepal, the use of child soldiers is common by both parties to the conflict [ 28 , 29 ]. Girls are raped and subjected to other forms of sexual violence by both Maoists and government forces; survivors of gender-based violence often remain silent due to a lack of protection [ 18 ].

Nepal holds the dubious distinction for the highest number of “disappearances” in 2004. Children under age 18 have “disappeared” and have been arbitrarily detained by government forces [ 18 ]. According to INSEC, nearly 3,000 people were killed and about 26,000 people were abducted in Nepal in 2004 [ 30 ]. While accurate estimates are hard to come by, Child Workers in Nepal, a local NGO, estimates that in 10 years of the insurgency 27,323 children have been abducted, while the state security forces have arrested 229 children [ 31 ]. From January to August 2005 the insurgents are said to have abducted 11,802 children while the security forces have arrested 17 children [ 31 ]. There have been hardly any prosecutions of government officials or Maoists for their involvement in disappearances [ 32 ].

Recent Progress

In recent years there has been some progress in finding indigenous solutions to improving the health of children despite the difficult circumstances. A survey of primary health-care services in central Nepal found that health care for those with resources had improved considerably, but massive privatization had severely limited access for the poor [ 33 ]. Improvements in maternal literacy have also been shown to improve health behavior in Nepal [ 34 ]. The vitamin A program was successfully implemented in the remotest districts of Nepal with community participation. A recent cluster randomized trial assessed the use of simple interventions, such as participation in women's groups at the community level and monthly women's group meetings with female facilitators to identify local perinatal problems and strategies to address them. The trial showed a reduction in neonatal mortality rates from 36.9 per 1,000 to 26.2 per 1,000 [ 35 ]. Women in the intervention clusters were more likely to have antenatal care, institutional delivery, trained birth attendance, and hygienic care than were controls.

The recently released Millennium Development Goals Report is optimistic that Nepal will meet the goals of: halving the proportion of people living below the national poverty line; reducing the under-5 mortality rate by two-thirds; achieving gender equality; improving maternal health; and ensuring environmental sustainability by 2015 [ 36 ]. But in the current political and developmental climate, it seems unlikely that the child health goals will be met. The goals of achieving universal primary education and reversing the spread of HIV/AIDS are also unlikely to be realized [ 36 ].

The Road Ahead

In a country as diverse as Nepal, no single solution can address the current problems facing child health. Sparsely populated mountains with Tibetan language and nomadic traditions pose different challenges than the densely populated Terai regions, which have similarities to India. Unless the government starts introducing policy changes aimed at making valuable health services accessible for the poor, children's health in this country will not improve. Systematic capacity building to support the Female Community Health Volunteers or “Sevikas” is the best hope for sustaining the momentum of programs that promote health equity through interventions such as family planning, polio prevention, and vitamin A supplementation [ 33 ]. Improving the quality of services provided at existing health centers, rather than increasing the number of centers, is an effective way to improve child health in Nepal [ 37 ]. In the regions most affected by the conflict, the health situation should be monitored by using sentinel site surveys (surveys of representative sites to collect health related information using UN teams of experts) and participatory appraisal (a process which invites people to explore the issues that affect them to find realistic and feasible solutions to their problems). Such monitoring requires commitments by both Maoist and government authorities to allow survey teams to assess the current health and human rights situation and respect demographic and health surveys.

In order to sustain child development, it is imperative that both parties halt all violations against children in Nepal and uphold international humanitarian law and human rights [ 38 ]. Both parties have to refrain from drawing children into the violence and should view children as “the zone of peace” and schools and health posts as “weapon-free zones.” The agreement between the Nepalese government and the UN Human Rights Commission to set up an international monitoring mechanism to protect human rights is a step forward [ 39 ]. Both parties should invite international observers such as the United Nations to instigate, conduct, and monitor a peace process [ 40 ]. There is also an urgent need to implement a human rights accord which abides by the Geneva Conventions and commits both the government and Maoists to respect clear human rights standards and accept human rights monitoring [ 40 ].

The government of Nepal should conduct independent, impartial, public investigations into atrocities against children and allocate the necessary funds to ensure that young people have access to adequate health care and education [ 18 ]. Immediate emergency support should be provided to children affected by the conflict by the state, government organizations, and NGOs, and efforts should be made to rehabilitate child survivors [ 38 ]. Nongovernmental organizations and civil society must strive to enforce existing legislation protecting children and also address the issues of child soldiers, child labor, and trafficking in children affected by the conflict [ 41 ].

The king of Nepal reinstated the parliament in April 2006 after nationwide protests [ 42 ]. The Maoist rebels have signed a code of conduct with the representatives of the government, raising hopes for a peaceful solution to the conflict in Nepal.

The international community, which provides 60% of Nepal's development budget, has a larger role to play in protecting the rights of children. The work of the international community has become more critical as the freedom of the media has been curtailed by the promulgation of an ordinance that ensures the state's direct control over the private and free media. Another law to restrict the independent work of the NGOs may handicap the actions of organizations involved in health and human rights issues [ 43 ]. The international community needs to raise its voice against the atrocities levied against children by both conflicting parties. It needs to provide enough resources to meet the basic needs of the children and support developmental programs, but ensure that foreign support does not fund military exercises or increase child health violations, in order to prevent the children of Nepal from becoming another “lost generation.”

Box 1. Search Strategy

In order to identify information for our article, we searched Medline, Google Scholar, POPLINE, World Health Organization reports, United Nations Development Programme–Nepal reports, the UN Office for the Coordination of Humanitarian Affairs (IRINnews) Web site, and Eldis Development Gateway, using the terms “Nepal,” “child health,” “human rights,” and “conflict.” We searched reports of several non-governmental organizations including Save the Children, Family Health International, and CARE Nepal. We selected articles for inclusion based on their relevance to the topic and their ability to advance our understanding of the impact of the conflict on child health and human rights. In addition, we identified unpublished research through contacts with authors and experts in the field. We acknowledge the lack of epidemiological studies directly linking the conflict to child health care in Nepal; documentation on crucial aspects of the conflict was often impossible to obtain and we rely on newspaper articles and eyewitness accounts at times. We drew from the collective expertise of the authors (SS, EB, KD) involved in delivering health care in Nepal and incorporated suggestions from international health experts and NGOs active in this field.

Acknowledgments

We thank Anthony Costello, Luke Mullany, Masamine Jimba, and KC Poudel for their valuable comments.

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• 38. Child Workers in Nepal Concerned Centre [CWIN] (2004) CWIN Nepal—Annual report 2004. Kathmandu: CWIN. Available: http://www.cwin.org.np/resources/reports/cwin_report04.PDF . Accessed 24 November 2005 .
• 39. United Nations2005 Apr 12. Secretary-General welcomes agreement to set up UN human rights office in Nepal. New York: UN News Centre. Available: http://www.un.org/apps/news/story.asp?NewsID=13949&Cr=nepal&Cr1 . Accessed 2 October 2005 .

Child Rights Resource centre

The rights of the child in Nepal

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Organisation Mondiale Contre la Torture

Alternative Report submitted to the UN Committee on the Rights of the Child by Organisation Mondiale Contre la Torture (OMCT). The paper concentrates on the disparities between domestic legislation and practice, the particularly relevant articles 37 and 40 of The Convention on the Rights of the Child and the Government report presented to the Committee.

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Child protection, we work to protect children from violence, exploitation, abuse and neglect.

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The Challenge

All children have the right to be protected from violence, exploitation, abuse and neglect. Yet, millions of children worldwide, including in Nepal, from all socio-economic backgrounds, across all ages, religions and cultures suffer violence, exploitation and abuse every day. Millions more are at risk. UNICEF works to improve the policies and services that protect all children. We aim to make the world a safe place for children to thrive.

Child protection concerns manifest themselves in many forms in Nepal: violent discipline, child marriage, child labour, trafficking, violence against women and girls, unnecessary placement of children in orphanages/residential care homes and correction homes, and insufficient access to child-friendly and gender sensitive-justice.

Nepal’s progress in terms of child protection is mixed. On a positive note, there are less child brides, reporting to police on cases of violence against women and girls increased substantially, cases of trafficking are increasingly being intercepted, laws and policies are more protective of children, specialized units in the justice sector are in place and data on children is increasingly available. Unfortunately, challenges persist. Children in Nepal still face many child protection challenges:

• The pace of decline in child marriage is slowing down. Two in every five girls are getting married before the age of 18 years. Sustaining and accelerating the reduction of child marriage remains a challenge due to community acceptance, deeply entrenched social norms undervaluing girls, and a strong patriarchal society. Child brides are more likely to drop out of school, get pregnant early, and suffer domestic violence including dowry-related abuses and violence.
• Almost every child between 1 and 14 years suffers violence in their own home. Violent discipline affects 82 per cent of children. Parents have insufficient skills positive disciplining techniques, there is societal acceptance of violence, and general lack of understanding of its negative consequences. 
• Child labour has not abated. One in every three children aged 5-17 years in Nepal are engaged in labour, and almost all of them are working under hazardous conditions.
• More than 25,000  children are  living in residential care institutions . Parents abandon, voluntarily relinquish or place their children in institutional care because of their inability to look after them, because of misconceptions that institutional care will provide better education opportunities or due to their lack of awareness on the importance of children growing up in family setting.
• Whilst on a positive note, violence against women is increasingly being reported to the police, the number of cases of violence against children remains largely unreported;
• Nepal continues to be a major source, transit hub and destination country for trafficking in persons.
• Professional government-funded case management, which is one of the most critical service elements of a child protection system, has yet to be scaled up.
• Social welfare workforce - be it government of non-government paid - in Nepal is under-resourced.  This workforce is the backbone of a functional national child protection system in prevention, early intervention, response services & case management for any child facing child protection concerns, be it unaccompanied and separated children, children requiring foster care placements, or requiring support when suffering violence. As a result, detection, reporting and referral mechanisms are inadequate as are documentation and information management systems. Given these limitations, whilst some cases do receive some form of response, it is often ad-hoc, short-term, limited in coverage and often does not adequately assessment the child’s situation.
• Children’s access to justice is limited. Children in conflict with law, child victims and witnesses have limited access and referral to social services. Child-sensitive procedures are not applied at every stage of the proceedings. Cases involving children including child victims and witnesses of crime are not always dealt by juvenile benches.
• For children in conflict with law, legal measures and mechanisms for diversion, restorative justice, and alternatives to custodial sentencing are yet to be finalized and reintegration services are very limited.  

The Solution

The Child Protection programme aims at preventing and responding to violence, exploitation, abuse and neglect of children, including in emergency contexts. The major results of the child protection programme are outlined below:

Key result to be achieved by 2022

Child protection system strengthening

State institutions and other partners have increased capacity to legislate, plan and budget to prevent and respond to child protection concerns including during humanitarian situations

Prevention of violence and exploitation

Children, families/caregivers, teachers, communities and state institutions have improved knowledge, skills and capacity to prevent and respond to violence (violent discipline, gender-based violence and child marriage) and exploitation (child labour and trafficking) of children

Justice for children

Justice/security professionals and social workers have improved knowledge and capacity to provide child friendly and gender-sensitive services to protect children in contact with the justice system.

Indicators of success

Achievement of these results will be measured, through:

↓less use of violent discipline (physical and/or psychological) ↓ less child brides ↓ Less children engaged in child labour ↓ less children living in residential care institutions

↑more cases of violence against children and women (rape, attempted rape, trafficking, child marriage, domestic violence) reported to the police ↑ more justice and security personnel capacitated on child friendly and gender-sensitive justice for children including diversion and restorative justice. ↑more community groups members trained on measures to prevent and respond to violence and exploitation (violent discipline, child labour, child trafficking and child marriage)

The main strategies to achieve the above-mentioned results include:

• Policy dialogue and advocacy on government budget allocation to child protection services, including but not limited to social welfare workforce, justice, policing, social work, case management, education staff, health workers, legal aid, psycho-social support and rescue. This comprises upstream work with attention to policy reform, institutional capacity development, planning, budgeting, and monitoring and information systems. A system-approach to child protection provides a more cohesive, sustainable, and cost-effective way to address child protection concerns and will more likely result in longer-term impacts. This approach addresses the complex and inter-related and multiple causes rather than the symptoms.
• Strengthen provincial and palika-level capacity to lead on prevention and reduction of child labour, child marriage, violence against children, trafficking and children living in residential care institutions
• Support to integration and cross-sectoral linkages for effective referrals (e.g. health, education, social policy) including case management procedures
• Prevention efforts & social change to reduce child marriage, child labour, and violent discipline. Unless deep-rooted, harmful social norms are addressed, children will not be free from violence, abuse, and exploitation. To this end, UNICEF will focus on changing existing social norms to bring about collective changes through communication for development strategies and interventions, in partnership with health and education sectors, bringing in men and boys, religious and community leaders (by identifying positive role models)
• Strengthen Government of Nepal’s capacity to engage in cross border collaboration with neighbouring countries as well as countries of destination to curb trafficking in persons
• Evidence generation to ensure that interventions are based on sound knowledge of what interventions will work or yield most impact, and testing of innovative approaches.
• Partnership with private sectors and civil society organizations

Act relating to children 2018

Unofficial translation of act promulgated to amend and codify laws related to children

We must do better

A closer look at the contextual factors that drive child labour and discipline in Nepal

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What you should know before volunteering in an orphanage in Nepal

Ending child marriage in Nepal

UNICEF and UNFPA work together with adolescent girls and boys in their communities to empower and protect them.

Access to communication media and the acceptance of violence

Nepal Multiple Indicator Cluster Survey (MICS) 2014 further analysis report

Eight Out Of 10 Children In Nepal Experience Violent Discipline – UNICEF

Keeping Children Safe Online

Child Protection Mapping And Assessment Summary Report

Nepal’s Child Protection Systems Mapping and Assessment was carried out by the Ministry of Women Children and Social Welfare (MoWCSW) and the Central Child

Click to learn more about child protection in Nepal