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Human Rights Reflection on Street Children And The States Responsibility and Duty

Human Rights are a result of a democracy. These are the essential privileges intrinsic to every person, irrespective of race, sex, identity, nationality, language, religion, or some other status. The battle by individuals against oppression and a wide range of ill-treatment and bad behavior continues forever. Deep analysis on the study of youth surviving on the street have gone through an extreme change in context since the turn of the 21st Century.

The paper explicitly looks at the risk associated with being destitute or homeless or in shelters and the article additionally focus on how road children become the disregarded or always being seen as a negative part of the general public or the society where they lives, these issues are conspicuous in developing nations like India and it is really a very major issue.

During my research work, I have been continuously relied upon different articles connected with Human Rights particularly articles connecting with rights of the Street Children, additionally I have depended on numerous philosophies given by the Jurists or the Philosophers like Thomas Aquinas and John Locke: one of the extremely importantcomponent "Natural Human Rights" is Right to life. As Right to life does not mean just mere existence with all the basic human rights which are guaranteed by the state.

Then additionally infringement of Human Rights are still in existence in other forms like forced labor, forced prostitution, immoral trafficking, low wages, gender discrimination etc. Thus, Some of the defects in the ongoing framework as well as how these Street Children turn out to be in the framework of the most ignored part.

In India, there are an expected 15-20 million road Street Connected Children. The National Commission for Protection of Child Rights whose way to adulthood is frequently set marked by hunger or appetite, illness, and above all, labor. Indian Street Children are exceptionally helpless and insafe. Since they make in such minimal expenditure, Indian street children generally considered to be free or work for maintain different sources of income.

Especially the people who have been destitute or homeless for a more longer period, Street Children, once in a while take part in burglary, pickpocketing, drug dealing, and prostitution. Most Street Children works for a normal of 8 to 10 hours of the day at different spots to support themselves.

Various academicians have explored India's Street Children's issues and numerous Philosophers have brought this issue into concern and have created numerous ways of philosophies. 78% of individuals presently have medical problems, 43% of which have been reported as a chronic.

These are the essential issues challenged by Steet Children notwithstanding this their fundamental human rights will likewise get abused through various forms like constrained work, constrained prostitution, immoral trafficking, low wages, segregation or discrimination of gender and so forth.

They are the most vulnerable and minimized populaces, Street Children deals with different issues, including provocation by law enforcement officials, physical and sexual abuse by local adults, an unsteady way of lifestyle, absence of admittance to healthcare facilities and educational institutions, and insecure living conditions. Age and gender both affected the sufferings they went through.

Young Children are subjected to physical and mental maltreatment, like beatings and underpayment; teenager youngsters are particularly helpless against sexual exploitation. They run a higher risk of becoming engaged with early sexual action and drug dealing, as well as trafficking of the child. They experience a great sufferance in their current circumstance in the street, and their freedoms and rights are much of the time disregarded or violated.

Various scholastics, government delegates or representatives, and social activists effectively assist oppressed or underprivileged Children in metropolitan regions, Various experiments and studies have likewise been done and publications has been done while utilizing different methods and objectives. In view of these previous works and studies, the researchers have done at the issue of Street Children with an emphasis on different impacts. Various Analysts like Thomas Aquinas and John Locke have done a lot of experiment and express their thoughts with regards to it.

Community Membership is considered by Neo-Aristotelian scholars to be fundamental for human survival. Vagrancy or in other terms Homelessness is a non-membership that goes beyond being deceptive. It prohibits an individual from having the option to carry on with an existence or life where decision-making results in the terms of morality.

Under Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights, States have recognized that the right of everybody must be subjected to an adequate Standard of living a life, including right to food, Clothing, and Shelter and subject to the continuously improving their ways of life and standard of living. Article 12 expresses that everybody has the privilege to the most elevated attainable standard of well-being.

States must ensure as per Article 2 (2) that all economic, social, and cultural rights "are exercised without discrimination of any kind as to national or social origin, property, birth or other status", lastly incorporates shelter status.

These rights are not even known to the Children living or surviving on the street as they are unaware of primary schooling/ education and they are being taken advantage of by individuals or business class people who recruit them to work in the poor conditions particularly in hazardous Industries, factories, or production units, one of the such example related to it is the Industry of Bangles in Faridabad, there they employ particularly Children and because of these poor work conditions and dangerous gasses, because of which they lose their visual perception and can lead to numerous different issues with their wellbeing in future.

Homelessness leads to an infringement of the Right to Life
The obligation of States to protect the right to life cherished in Article 6 of the International Covenant on Civil and Political Rights as originates from the obligation to prevent and end homelessness. As well as causing early, preventable death, homelessness particularly on the off chance that individuals are exposed to it as often as possible or over a more longer period of time-disregards individual's right to live their life with full dignity.

The Human Rights Committee has underlined in General Comment No. 36 (2019) that:
The obligation to safeguard the right to life requires Parties to the States to carry-on with an extra-ordinary measures towards people in poor circumstances whose lives have been placed at a specific risk. The obligation to safeguard life suggests that States parties should take a suitable or an appropriate action to resolve social cultural issues that could bring about direct dangers to life or make it hard for individuals to carry on with their lives with dignity.

The hardship of native people's properties, land, territory, and assets, as well as inescapable hunger and unhealthiness, mal nutrition, homelessness, and others, may fall under these general circumstances. Measures to guarantee that individuals have quick admittance to necessities like food, water, shelter, medical care, electricity, and disinfection are among the actions required to address sufficient circumstances for defending the right to life.

Additional Measures to ensure and promote with an adequate general circumstances incorporate social lodging programs.

They carry on with their life in a hopeless circumstance denied of their basic necessities of life like:
  1. Food (freedom from hunger)
  2. Clothes
  3. House and an adequate standard of living of the people and many more...

The Obligation for the Prevention and End of Homelessness Rests with the States
States cannot guarantee that all economic, social, and cultural rights are subject to progressive realization, complying that making a move to end homelessness may just be considered at a later phase of development. As per the International Covenant on Economic, Social, and Cultural Rights, preventing and ending homelessness is a "minimum core obligation of States to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights."

In such manner, the Committee has clarified that a "State party is prima facie failing to discharge its obligations under the Covenant if any significant number of individuals is deprived of essential foodstuffs, of essential primary healthcare, of basic shelter and housing, or of the most basic forms of education."

Moreover, states are expected to make "appropriate availability resources" accessible to guarantee that everybody under their Jurisdiction has an access to an appropriate basic shelter and housing for their betterment of living as well as other social, economic, and cultural rights.

Plain language interpretation of: Prior to considering different costs, for example, beginning a program to further develop or improve the lodging/ housing quality for the people who are alredy in lodging, public funds must initially be utilized to house the destitute or homeless.

Second, it additionally intends that for States to keep on following their obligation and commitment under Articles 2 (1) and 11 (1) and under the International Covenant on Economic, Social, and Cultural Rights, they must exhibit that there is the deficit of the natural resources lessen and put an end to homelessness.

The Strategy for National Housing should "reflect genuine and effective consultation with, and participation by, all of those affected, including the homeless, the inadequately housed, and their representatives," as indicated by the states. States should likewise decide the full extent of homelessness and unsatisfactory housing within their border.

In this Research paper I have expressed an opinion regarding Street Children's basic rights, and how they are getting abused or violated and about the state's liabilities on safeguarding these Children's privileges and rights and the way in which they can do that. Likewise I have depended on the various thoughts of numerous Philosophers and the philosophies.

In order to end viciousness against Street Children, we trust that states will pass regulations that restrict corporal punishment and defend Young Street Children from being exploited. A strategy that is kind of Street Children is basic to save these oppressed/ underprivileged Children and society as a whole.

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