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CHILDREN JUSTICE CENTER ( CJC)

 

Working to promote and protect the rights

and the best interests of children

 

INTRODUCTION

 

The Legal Aid and Consultancy Centre (LACC) is an independent non-profit, non-partisan and non-governmental legal resource organisation. It  was  established in 1987 by a group of  women lawyers, attorneys the protection and   promotion of the rights and interests of women and children. On 15 November, 1998, the Legal Aid and Consultancy Center (LACC) established a Children Justice Center (CJC) in Kathmandu. It was established  with the support of the International Labour Organisation,  International Programme on the Elimination of  Child Labour (ILO-IPEC).

 

THE NEED AND PURPOSE

 

Children are the most important and integral component of any society. They deserve the best the family, society and the nation has to offer. Children have inherent right to survival, protection, security, development, love, care, education, health care, justice, peace and freedoms. Thus no national development programme could be complete without the inclusion of children’s well being. The child development and welfare policy must emphasise the participation of entire communities, society and the national government itself.  It is imperative for the government to include child right as an important agenda while formulating national policies and programmes

 

Young children generally do not realize the gravity of the atrocities perpetrated upon them. Because of their minor age, they are also unable to protest against their exploitation.  Thus, they easily fall prey to various kinds of exploitation, sexual abuses, forced child labour and harassment at places of work. They are sexually abused and exploited. Children are  facing increasing risk  of various type of  abuses,  exploitation and violence against them in our society.  Recently, many cases related to paedophilia, child rape, forced and worst form of child labour and children working under hazardous conditions (resulting in the loss of body parts) have been brought to the notice of the CJC. The incidences of forced child labour and cases of sexual abuse of children are found almost in all the districts.

 

The  Children Justice Center was thus, established to help the needy child victims of sexual abuses, exploitation, trafficking,  forced and worst form of child labour and those deprived of their basic child rights  to secure justice through legal recourse and court proceedings;  to enhance and strengthen the law enforcement mechanism to protect the rights of children and to  abolish all forms of abuses and exploitation of children in Nepal

 

MISSION

 

One of the main aims of Children Justice Center is to practically activate  the provisions of the Convention on the Rights of the Child, ILO Conventions of the Rights of Child and    Nepal Children Act, 1992 for the protection of the rights and the best interests of children through legal and judicial process and strengthening of  the law enforcement mechanism. The CJC acts as a pressure group for the protection of child rights. It advocates and lobbies with the Government, Parliamentarians, Judges, judicial officials and law enforcement agencies  to implement  the provision of the existing  national and international  instruments on the  protection of the rights and the best interests of children and make concrete plans, programme and  policies  to protect children form sexual abuses, exploitation, trafficking and forced child labour.

 

Areas of work:

 

  • Child rights

  • Child labour and Worst Form of Child Labour

  • Legal and judicial protection of children

  • Practical implementation of the national and international instruments on child rights

  • Strengthening of law enforcement mechanism

  • Propagation of national and international instruments on child rights

  • Sexual abuse,  exploitation and trafficking  of children;

  • Education, training, awareness and sensitisation on child rights

  • Free legal aid, counselling, mediation and court representation to child victims

  • Legislative drafting and public policy influencing

  • Advocacy and networking

  • Research, documentation, case studies and publication

 OBJECTIVES

 

  • To provide free institutional legal aid, counselling, support and court representation to the child victims of sexual abuses, exploitation, trafficking,  forced and worst form of child labour  and those deprived of their rights.

  • To work for the protection and  promotion of the rights and the best interests of children.

  • To promote and propagate the  principles and provisions of the United Nation Convention on the Rights of the Child and the  International Labour Organisation (ILO) Conventions on the Rights of  Children

  • To work for the practical implementation of the provisions of the Nepal Children Act, 1992, the Convention on the Rights of the Child and other international Conventions, Covenants and Declarations on child rights

  • To file case on behalf of the child victims and plead their cases in the court of law

  • To secure justice for the child victims through legal process and court proceeding.

  • To strengthen national law enforcement mechanism and institutions for the protection of  the rights and the  best  interests of children

  • To inform and sensitize the Members of Parliament, government officials, Judges, Public Prosecutors, Judicial officials, lawyers, police administration, medical personnel and general public about the magnitude and gravity of the sexual abuses, exploitation, trafficking of children and child labour in the country

  • To promote and propagate the principles and provisions of international instruments on child rights and  raise awareness of grassroots about  the principles and provisions of the Convention on the Rights of the Child and  other  International Instruments on Child Rights through various demonstrative activities, publication, seminars, training and talk programmes.

  • To work in close co-operation with the governmental, non-governmental, inter-governmental organizations and UN agencies  working for the protection and promotion of the rights and the interest of the children.

Methodologies

           

It will accomplish its goals, aims and objectives through legal aid, counselling, mediation services and court representation, strengthening of law enforcement mechanism, human rights education, training, dissemination, sensitization, documentation, fact-finding, research, publications, advocacy, campaign, lobbying, networking,

 

ACTIVITIES

 

Free Legal Aid and Counselling

 

The  Children Justice Center  helps  the  needy child victims of sexual abuses, exploitation, trafficking,  forced and worst form of child labour and those deprived of their basic child rights  to secure justice through legal recourse and court proceedings. For this purpose, it   provides free legal aid, counselling, mediation services and court representation  to the  above-mentioned child victims

 

In the 42 months of its existence till June 2002, the CJC has taken up 419 cases on behalf of child victims (as against a target of 350) either working under forced labour conditions or having been abused physically/sexually, for legal protection. 119 cases of child victims have been filed in various courts, out of which 64 cases have been decided, and 55 cases are currently under judicial process. LACC/CJC won 45 cases in favour of  the child victims.

 

Legislation/Policy influencing: LACC is dedicated to reformulating the existing legal and  traditional social system and  public policies in the best interests of women and children   through initiation of  innovative legislative and  judicial process. The  basic aim of  LACC is to influence the legislative reforms and public policies for the  protection of the rights and best interests of children. LACC/CJC thus, reviews  the  existing national and international provisions on the child rights, to identify deficiencies and contradictions and prepare  coherent draft  legislation on child rights and child labour in accordance with international standards

 

The CJC has also scrutinized and analyzed Nepal Children's Act, 1992. It has found various shortcomings, deficiencies and weaknesses in the Act. It has been working on correcting these deficiencies and updating the Act. It will submit its findings and recommendations to the government.

 

Advocacy and Campaign

 

LACC/CJC undertakes advocacy, campaign  and lobbying with policy influencing institutions, judiciary, individuals and grassroots community for  the protection of child rights,  abolition of  the worst from of child labour, abuses and exploitation of children.  In 1999, His Majesty’s Government of Nepal established  a "Juvenile Bench" in all District Courts as per the provisions of the Children's Act. LACC/CJC was one of the front-line organizations advocating and campaigning for the establishment of  a separate Children Court, Family Court and Juvenile Bench. For the first time in the legal history of Nepal, staff attorney of LACC/CJC filed the cases of children and physically pleaded on behalf of child victims in  a court of law. It is a landmark event  in the legal history of Nepal

 

The CJC has been strongly advocating  for the inclusion of cases of child abuse and child exploitation as Criminal Cases under the proposed "Prevention of Trafficking Act 2056" drafted by the government.

 

Workshop, Training,  and Seminars

 

Notwithstanding the existence of various laws on the protection of  child rights (Nepal Children Act) at national level and ratification of international human rights instruments by Nepal, abuses and exploitation of children and worst form of child labour continue to thrive. Such practices continue to prevail unnoticed in the society. They are against the provisions of the Convention on the Rights of the Child and the ILO Conventions on the Rights of the Child and  curtail the rights of the child. Most of the people are not aware of the CRC, ILO Conventions on Child Rights and  national instruments for  the protection of child rights. Therefore, CJC also undertakes simultaneous legal awareness and sensitisation  campaign against such practices through publicity, media, discourses, training and workshops.

 

On February 5, 1999, the CJC organised  an interaction programme at Kathmandu to sensitize the lawyers, judicial officers, police officers, medical professionals, NGOs, social workers and the media about the problems of child labour, trafficking in children, child abuse, child exploitation and the law on the subject.

 

The CJC organized a second interaction programme in Kathmandu on October 7, 1999 for exchanging ideas, experience and problems related to the cases being handled by it. The programme was attended by child rights NGOs, international agencies, police officers, medical professionals and social workers.

 

In March and April 2001 it  organised two regional workshops in Sunsari and Morang districts to sensitize the lawyers, judicial officers, judges, police officers, medical professionals, NGOs, social workers and the media about the problems of child labour, trafficking in children, child abuse, child exploitation and the law on the subject.

 

Networking

 

The CJC has networking  and coordination arrangements with various governmental and non-governmental organizations working in the interest of the children  to make people aware of the problems faced by the children  as well as  to improve their situation. It makes common approach with other organisations to deal effectively with the legal, social and economic problems encountered by the children

 

Data Collection: The CJC collects data and information on various issues confronting the children especially on legal matters. It is in the process of creating a database on child victims and their legal remedial process

 

Current Programmes

 

Since 1998, CJC has been implementing a project which provides legal aid, counselling and court representation  to the child victims of child labour, abuses and exploitation. This is being  sponsored by the ILO/IPEC.

 

Since its establishment in November, 1998  till June, 2002, the CJC has taken up 419 cases on behalf of child victims (as against a target of 350) either working under forced labour conditions or having been abused physically/sexually, for legal protection. 119 cases of child victims have been filed in various courts, out of which 64 cases have been decided, and 55 cases are currently under judicial process. LACC/CJC won 45 cases in favour of  the child victims.

 

For Further information, please contact at:

 

The Legal Aid and Consultancy Center  (LACC)

The Children Justice Center

Mailing Address: GPO Box No. 3216. Kathmandu, Nepal

Street Address: Pulchowk, Lalitpur,  Nepal

 

Tel. No.     00977-1-5543 111

Fax No.     00977-1-5523 871

Email:       lacc@wlink.com.np

Website:   http://www.laccnepal.com

Website:   http://www.geocities.com/lacc_nepal

 

Doti district Office,   Tel. No. : (094) 20191

Jhapa district Office, Tel. No. : (023) 20227

 

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