Chapter -2 Rights of the Child
- Right to live: (1) Every child shall have the right to live with dignity.
(2) The Government of Nepal, Province Government and Local Level shall take necessary measures required for preventive and security service including prevention of possible accidents, minimization of risks that may occur on the children, in order to protect the rights of the child to live and development.
- Right to name, nationality and identity: (1) Every child shall have the right to have name with own identification and birth registration.
(2) The father or mother of a child, after his or her birth, shall give a name to him or her and register it according to the prevailing laws.
(3) The mother of a child born from rape or incest that is punishable by the prevailing laws shall register his or her birth by mentioning only the name of the mother if she so wishes.
(4) While giving name pursuant to sub-section (2), if the father or mother of a child is not available immediately or there is no possibility that they can be available, then the child may have the name given by any other family member or guardian who looks after him or her.
(5) Every child after birth may use the surname given by mutual consent of his or her parents or if such consent is not available he or she may use the surname of his or her father after his or her name.
(6) Notwithstanding anything contained in sub-section (5), the child, if he or she so wishes, may use the surname of his or her father or mother or both.
(7) A child whose paternal identity is not known may use his or her mother’s surname after his or her name.
(8) If a dispute arises regarding the surname of any child, except as proved otherwise, it shall be deemed that the child is using his or her father’s surname.
(9) A child whose both father and mother are not identified may use the surname given by the guardian after his or her name.
(10) The child welfare authority shall be informed about it when the guardian gives the name and surname pursuant to sub-section (9).
(11) If the name of father, mother and grand-father, grand-mother must be mentioned pursuant to law in any formal legal proceeding or document, in cases where the father of the child is not known, he or she may mention his or her mother and parents’ name and if the name of mother is also not known, mentioning that matter will suffice the requirement.
(12) The mother, father or guardian of a child shall not change his or her name, surname that hides the identity of the child with an intention to gain undue benefits.
- Right against discrimination: (1) No discrimination shall be made against any child on grounds of religion, race, caste, tribe, sex, origin, language, culture, ideological thought, physical or mental condition, physical disability, marital status, family status, employment, health condition, economic or social condition of him or her or his or her family or guardian, geographical area or similar other ground.
(2) No one shall discriminate between son and daughter, son and son or daughter and daughter or children from ex-husband or wife or present husband or wife in maintenance, education or health care of children.
(3) No one shall make any kind of discrimination between their own son, daughter and adopted son, daughter.
(4) No discrimination shall be made with regard to maintenance, education and health care between children born to a man and woman before and after their marriage.
- Right to live and meet with the parents: (1) No child shall be split or separated from his or her father or mother without his or her will.
(2) Notwithstanding anything contained in sub-section (1), the Juvenile Court may issue an order to separate any child from his or her father or mother and entrust him or her to any guardian’s custody for the best interests of the child, if necessary.
Provided that the concerned party shall not be deprived of an opportunity to submit his or her explanation before issuing such an order.
(3) Except for the condition where the Juvenile Court has made a restriction stating that it would be not in the interests of a child, the child living separately from the father or mother or both shall have the right to make direct contact or meet with the father or mother regularly.
(4) The person adopting a child shall allow the adopted child to meet, contact and make correspondence with his or her biological parents.
(5) Any person or institution responsible for alternate care shall allow the children under their care or guardianship to meet their biological parents or families.
- Right to protection: (1) Every child shall have the right to obtain proper care, protection, maintenance, love and affection from his or her father, mother, other member of family or guardian.
(2) The parents shall have equal responsibility in relation to care, protection and maintenance of their children. In cases where the parents are divorced or living separately due to any other reasons, financial expenses for the maintenance of their children shall be borne by both parents according to their capacity.
(3) No father, mother, other member of the family or guardian shall abandon or leave the child of their own or under his or her guardianship unattended.
(4) Children with disabilities, war victims, displaced, under vulnerable conditions, or living on street shall have the right to special protection as prescribed from the State for their secured future.
(5) Every child shall have the right to protection against any type of physical or mental violence and torture, hatred, inhuman treatment, gender or untouchability-based mistreatment, sexual harassment and exploitation that might be caused by his or her father, mother, other family member or guardian, teacher and other person.
(6) Every child shall have the right to protection from being exploited economically and shall also be entitled to be protected from any activity which may be harmful to him or her or be obstacle to his or her education or detrimental to his or her health, physical, mental, moral, social development.
(7) No child shall be deployed in army, police and armed group and be used for armed conflict or political purpose directly or indirectly.
(8) No one shall attack, or make hindrance to the operation and management of any school, including the place, service or facility, used for the best interests of children, with any excuse at times of armed conflict or in any adverse situation of whatever type.
(9) Children below fourteen years of age shall not be deployed in any risky work or used as a house-servant or house-maid.
(10) The Government of Nepal, Provincial Government and Local Level may follow the necessary measures and make and implement the standards for the protection of the children.
- Right to participate: A child who is competent to form his or her own opinion shall have the right to participate in the decision-making process of family, community, school or other public institution or organization on the matters concerning him or her.
- Right to freedom of expression and information: (1) Every child shall have the freedom to express his or her opinion pursuant to the prevailing laws.
(2) Every child shall have the right to demand and receive information on the subject of his or her right, interest and concern subject to the prevailing laws.
- Right to open organization and assemble peacefully: (1) Every child shall have the right to open a child club or organization or the right to assemble peacefully for the protection and promotion of the rights of the child.
(2) The provisions regarding the opening of a child club or organization pursuant to sub-section (1) shall be as prescribed.
- Right to privacy: (1) Every child shall have the right to privacy regarding the subject of his or her body, residence, property, document, data, correspondence and character.
(2) No one shall do, or cause to be done the act of creation of personal information, details, photo, collection of information, publishing, printing, demonstrating, sale and distributing or transmitting by any means that causes negative impact on the characteristics of a child or any shame, regret or domination to him or her.
(3) The details that provide the identity of a child along with the name, surname, address, age, sex, family background, economic status, offence committed by, and any details regarding action, if any taken, against a child who is victim or accused of an offence by the Juvenile Court, police office, guardian, caretaker, or any other body shall be kept confidential. The details of a child kept confidential shall not be used elsewhere except as provided by the law.
Provided that if such details have to be published for any study or research work, only the age or sex of the child, without disclosing his or her name, surname, address, other data which may reveal his or her identity and his or her family may be published.
- Special rights of children with disabilities: (1) Special arrangements shall be made, as prescribed, for the children with disabilities.
(2) Every child with disability shall have the right to determine his or her own honour and prestige, to promote his or her own independency, to participate actively in the society and to live a life with dignity.
(3) Every child with disability shall have the right to obtain special care and to be assimilated in the society and to obtain the opportunity to education, training, health care, rehabilitation service, preparation for employment and entertainment for the development of his or her personality.
(4) Every child with disability shall have the right to equal access and utilize the public services and facilities.
- Right to nutrition and health: (1) Every child shall have the right to proper nutrition, clean drinking water and the child up to two years of age shall also have the right to breast feeding.
(2) Pregnant women and children shall have the right to get necessary vaccination to prevent diseases and allow to utilize the physical and mental health services according to the national standards, to get information about body, reproduction and reproductive health according to age and maturity.
(3) Every child shall have the right to obtain free basic health service.
- Right to sports, entertainment and culture: (1) Every child shall have the right to play games and participate in sports according to his or her age and interest.
(2) Every school shall encourage the children to participate in sports at the time other than study and for that purpose, provide for necessary playgrounds and sports materials.
(3) Every child shall have the right to child friendly entertainment according to his or her age, interest and requirement.
(4) Every child shall have the right to take part in cultural activities according to his or her religion, culture, custom, tradition and conscience without causing any adverse effect on his or her interests.
- Right to education: (1) Children below six years of age shall have the right to learn in a proper way according to their age and level of development and to pre-child development.
(2) Every child shall have the right to acquire free and compulsory education upto the basic level and free education upto the secondary level pursuant to the prevailing law in a child friendly environment.
(3) Every child shall have the right to acquire education through proper study materials and teaching method according to his or her special physical and mental condition, pursuant to the prevailing law.
(4) Dalit children shall have the right to acquire free education with scholarship pursuant to the prevailing law.