India stands today at a crucial crossroad in its path towards greater social progress and actualization of children’s and women rights, both of which are inextricably linked to each other, and to which the Government – according to the Constitution and ratification of international treaties - is deeply committed. Still, the situation of India's women and children is marked by diversity and persistent disparities and nearly two centuries of colonialism and many more centuries of a rigid caste system, have “maintained a stubborn barrier to meaningful social transformation.”
International human rights law has been designed to protect the full range of human rights required for people to have a full, free, safe, secure and healthy life. Health care is seen as one of the fundamental principles of the global human rights system, and the right to live a dignified life can never be attained without it. Since women and children’s health is strongly linked to their status in Indian society, a strong focus must lay on the foundation of women and children’s right to health, as it is written down in several international agreements and treaties India has ratified.
The primary basis of the United Nations activities to promote, protect and monitor human rights and fundamental freedoms is the International Bill of Human Rights, including the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966), and the International Covenant on Civil and Political Rights (1966) and its two optional protocols. When a State ratifies one of the Covenants, it accepts a solemn responsibility to apply each of the obligations embodied therein and to ensure the compatibility of their national laws with their international duties.
Table of Contents
1. Introduction
2. Women and Children in Indian society
3. Universal Declaration of Human Rights
4. International instruments
4.1. International Covenant on Economic, Social and Cultural Rights (CESCR)
4.2. International Convention of the Elimination of All Forms of Racial Discrimination (CERD)
4.3. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
4.4. Convention on the Rights of the Child (CRC)
5. Constitution of India
6. National Human Rights Commission of India (NHRC)
7. Conclusion
Objectives and Core Themes
This paper examines the realization of the right to health for women and children in India, analyzing the interplay between international human rights treaties, national constitutional mandates, and the actual socio-economic conditions faced by these vulnerable groups.
- The impact of socio-cultural and economic barriers on women and children's health in India.
- The application of international human rights instruments (CEDAW, CRC, CESCR) within the Indian context.
- The role of the Constitution of India in mandating public health and child welfare.
- The efficacy of the National Human Rights Commission of India (NHRC) in protecting constitutional health rights.
Excerpt from the Book
2. Women and Children in Indian society
India is one of the few countries in the world where women and men have nearly the same life expectancy at birth. The fact that the typical female advantage in life expectancy is not seen in India suggests that there are systematic problems with women’s health. Indian women have high mortality rates, particularly during childhood and their reproductive years. Poor health however has repercussions not only for women but also their families. A woman’s health affects the household economic well being, as a woman in poor health will be less productive in the labor force. They are more likely to give birth to low-weight infants and they are less likely to be able to provide food and adequate care for their children. (Velkoff and Adlakha, 1) In it’s Second Periodic Report to the Committee on the Rights of the Child India recognizes that the position of women in society, their health (...) enhances their ability to improve not only their lives but also the lives of their children and families. Children’s rights, especially those of girl children, are irrevocably linked to women’s empowerment.” (CRC/C/93/Add.5.)
India has 400 million children below the age of 18 years, which is the largest child population in the world. The State considers it “a matter of utmost priority that its children grow and develop in health and happiness (...) so that they can realize their complete potential and effectively participate and contribute to the social, cultural and economic life of the nation.” (CRC/C/93/Add.5.) After all, one third of all children in India live in conditions of object poverty and neglect. Furthermore, children are exposed to many types of deprivation from the time of conception. Wide disparity between the rich and the poor, between urban and rural settings, gender discrimination, and illiteracy among parents are factors impinging on the child’s survival, growth and development.
Summary of Chapters
1. Introduction: Presents the global human rights framework and emphasizes the fundamental link between health care, human dignity, and international treaty obligations.
2. Women and Children in Indian society: Analyzes the socio-economic disparities and systemic health challenges facing women and children in India, highlighting the link between maternal health and child empowerment.
3. Universal Declaration of Human Rights: Explains the foundational role of the 1948 Declaration in setting global standards for the right to health and social protection for all individuals.
4. International instruments: Details the core international conventions (CESCR, CERD, CEDAW, CRC) ratified by India and their specific provisions concerning the right to health.
5. Constitution of India: Discusses the constitutional status of health in India and the gaps in implementation despite the existing directive principles of state policy.
6. National Human Rights Commission of India (NHRC): Evaluates the mandate, functions, and practical limitations of the NHRC as a mechanism for enforcing human rights and accountability.
7. Conclusion: Summarizes the necessity of moving beyond traditional barriers and highlights the importance of education and social reform for future progress.
Keywords
Right to Health, India, Human Rights, Women's Rights, Children's Rights, CEDAW, CRC, CESCR, NHRC, Public Health, Gender Discrimination, Malnutrition, Maternal Health, Constitutional Law, Social Development.
Frequently Asked Questions
What is the core subject of this paper?
The paper explores the realization of the right to health for women and children in India, considering both national legal standards and international obligations.
What are the primary thematic areas addressed?
The main themes include systemic health issues, gender inequality, the legal definition of children, constitutional mandates, and the role of international treaties.
What is the central research question?
The work investigates how international human rights law and national constitutional provisions interact to address the health needs of women and children within the specific context of India's social and cultural landscape.
Which scientific methodology is used?
The study utilizes a legal and normative analysis of international human rights instruments, national statutes, and government reports.
What is covered in the main section of the paper?
The main part details the status of Indian women and children, analyzes specific international conventions, reviews the Indian Constitution's approach to health, and critiques the function of the NHRC.
Which keywords define this work?
The key concepts include Right to Health, Indian human rights, CEDAW, CRC, gender discrimination, and the role of the NHRC.
How does the author characterize the Indian government's approach to health?
The author describes it as "largely welfarist" and criticizes the lack of a comprehensive legal code specifically addressing the rights of the child as defined by international conventions.
What is the author's critique of the NHRC?
The author suggests that the NHRC often functions more as a mechanism to deflect criticism regarding India's human rights record rather than acting as an organ with genuine, independent enforcement power.
- Citation du texte
- Thorsten Volberg (Auteur), 2006, Right to Health of women and children in India, Munich, GRIN Verlag, https://www.grin.com/document/53930
