The Article 132(1) of the Constitution has stated that the Commission shall have the duties of ensuring respect protection and promotion of the human rights and their effective implementation.
Depending upon the seriousness of the issues, the Commission has been publishing the different reports, from time to time, with objectives of disseminating the information on its activities to the stakeholders and the general public, making public the status of the human rights and drawing the attention the government. In accordance with these objectives, the Commission has published this annual report (January 2008 – December 2008) compiling the report on the monitoring and the investigation of the cases based on complains registered in the Commission, including the status of the Child Rights and their legal aspects. The report has also included the recommendations of the Commission forwarded to the Government of Nepal and the political parties; the promotional activities and the reformative aspects initiated by the commission. The report is mainly based on complains received by the Commission, the facts collected during monitoring and investigation and the information received from the media, different organization and other sources.
While all the details of the violations of the child rights, excesses and discoursing events were not possible to be incorporated in the report because of the lack of resources and time, the report, nevertheless, has attempted to give the accounts of status of the child rights of 2008.
Child Rights are the rights implemented especially on the children to ensure rights from their prenatal stage to the stage of adolescent. CRC has made provisions that fulfillment of the responsibilities related to the Child Rights lie both on the guardians and the State. Uniformity lacks also in Nepal in defining the child in accordance with the age. CRC has maintained age bar of 18 years as the limit of the age of the child where as the Child related Act, 1992 -- the national law of Nepal—has recognized age bar of 16 years as the limit of the age of the child. However, as a signatory to CRC, Nepal is likely to follow the parameters set by CRC. As per the National Census-2001, among the total population of 20 million 31 hundred-thousand, 51 thousand 423, the population of the children in Nepal figures as 39.30 per cent below 14 years, 43.13 per cent below 16 years and 47.5 per cent below 18 years.
Within the span of one year, positive attempts and activities were recorded in the Child Rights sector. The pronouncement of the Supreme Court made on December 20, 2007 regarding the rights of the third gender can be taken as a positive step. According to the report of UNICEF published in 2006, the mortality rate of the children in Nepal has been reduced. The global mortality rate of the children below 5 years of age remains as 26 thousand per day. The report has stated that the mortality rate of the children in Nepal at present is 61 per thousand which is 67 per cent less in comparison to statistical data of last one decade. The Government of Nepal has passed bill on the State Code relating to Abduction (12th amendment)-2006. The bill has made provision of the imprisonment of 15 years and penalty of sum of Rs 50, 000 to Rs. 2, 00,000/= to those found guilty in the criminal activities of abduction, illegal detention and holding citizens as hostage with intentions of killing, trafficking, forced sexual intercourse, prostitution, torture and extortion. Abductor of children shall be sentenced to the imprisonment of 17 years in jail. Similar punishment shall be awarded to those involved in motivating, passing orders and having agreement with the abductors. Partners...