Child abuse refers to any emotional, sexual, or physical mistreatment or neglect by an adult in a role of responsibility toward someone who is under 18 years of age. There are four main types of abuse: neglect, physical abuse, emotional abuse, and sexual abuse.
National laws on children’s rights
Status of the CRC in national law
According to section 9(1) of Nepal’s Treaty Act 1990, international treaties, including the Convention on the Rights of the Child, become part of national law upon ratification and prevail in the event of a conflict with national law. The Convention can be and has been directly enforced in court.
Constitution: The Interim Constitution of Nepal, in force since 2007, contains extensive rights provisions that apply regardless of age, but also a number that specifically address the rights of children:
- 8(3): Any child in the territory with unknown parents is considered a citizen until his or her father or mother can be traced.
- 22(1): Children have the right to an identity and a name.
- 22(2): Children have the right to be nurtured, to basic health and to social security.
- 22(3): Children have the right to be free from physical, mental and any other form of exploitation. Acts of exploitation are punishable and child victims should be compensated.
- 22(4): Vulnerable, separated, disabled, displaced and street children have the right to receive special assistance from the Government.
- 22(5): Children cannot be employed in factories, mines or other hazardous labor, and cannot be recruited into the police or armed forces.
- 35(9): The Government should provide social security to vulnerable groups including children.
The below-mentioned acts are considered as an act of child sexual abuse:
- To show, or cause to show, him or her an obscene picture, audiovisual recording or other material of similar kind or display, or cause to display, such expression or gesture that reflects obscene or sexual conduct or behavior to him or her or display, or cause to display, child pornography
- To distribute, store or use any actual or fictitious obscene picture or audio-visual material of him or her
- To propose, lure, coerce or threaten him or her for sexual activity
- To use him or her in the production of an obscene act and material
- To touch, kiss, hold sensitive parts of the body of him or her, embrace him or her with sexual intent or cause him or her to touch or hold sensitive parts of own body or body of another person or render him or her unconscious with sexual intent or display, or cause him or her to display sexual organs
- To use, or cause to use, him or her for stimulating sexual lust or sexual excitement
- To use, or cause to use, him or her for the purpose of sexual gratification
- To engage, or cause to engage, in child sexual exploitation
- To use, or cause to use, him or her with the intent of providing sexual services
- To use, or cause to use, him or her with the intent of engaging in sexual abuse
- To use him or her in prostitution or other sexual work
Punishment for child sexual abuse in Nepal :
- In the case of the commission of any act referred to in points 1, 2, 3, 5, 6, or 10 above, a fine of up to Rs 75,000 and imprisonment for up to three years
- In the case of the commission of any act in point 4, a fine of up to Rs 80,000, and imprisonment for up to four years
- In the case of an act as per points 7 or 8 above, the punishment that is imposable on the offender of rape under the prevailing law
- In the case of the commission of any act as mentioned in points 9 or 11 abuse, a fine of up to Rs 150,000 and imprisonment for up to 15 years.
Further, a person who incites another person, attempts or abets to commit any of the aforementioned acts shall be liable to the punishment of fine and imprisonment imposable on the principal offender.
References :
https://www.medicalnewstoday.com/articles/241532#physical-abuse https://archive.crin.org/en/library/publications/nepal-national-laws.html https://english.onlinekhabar.com/child-sexual-abuse-law-in-nepal.html