Children's Rights and Myanmar

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Children's Rights and Myanmar Empty Children's Rights and Myanmar

Post by wardleld on Mon Mar 03, 2014 1:48 pm

Children’s Rights and Myanmar
Safeguarding and protecting the rights of children is an important issue across the world. With regard to this, the United Nations Convention on the Rights of the Child 1989 (hereinafter the UNCRC) is a successful global convention. As Myanmar ratified the Convention in 1991, it is obliged to secure the conventional rights of children by providing the adequate legal and administrative instruments.
Article 9 of the Convention provides that ‘those children who are living apart from one or both of the parents shall have the right to direct contact on a regular basis unless it is contrary to the best interest of the child’. Under the current practice of Myanmar, there is a lack of legislation to allow contact between the child and his absent parent after parents’ divorce. Accordingly, children of divorced families in Myanmar are not able to enjoy their conventional rights of contact with the absent parent. It is the current practice that one of the parents is holding the sole guardianship and the other parent is excluded from the child’s upbringing process after parents’ divorce. Although it is possible to be shared guardianship of the child between parents legally, it is still uncommon.
It is in fact that the practicing law dealing with guardianship, the Guardians and Wards Act 1890, was enacted about 100 years before the formation of the Convention. At the time of its enactment, the legislatures may not recognize the matter of contact as a necessity to promote the welfare of the child. In recent days, it is said that the child who is living apart from one of the parents may be beneficial by conducting regular contact with his absent parent. In accordance with it, the regular contact between the child and his absent parent is widely accepted as the necessary matter for the child’s development mentally and physically. Therefore, it is desirable for Myanmar to enact necessary legislation in order to comply with the UNCRC as well as to promote the welfare of the child.
Submitted by Theint Theint Htwe, 3 March 2014
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