What’s the difference between a ‘welfare based’ approach vs ‘rights based’ approach of child care?

Over the last 20 years, child care approach has evolved tremendously in India towards ‘rights based’ approach, thanks to the enactment of Juvenile and Justice Act (JJ Act).  If you’re running a child care institution and not following a rights based approach, you may be violating some of the fundamental rights and/ or fundamental principles of JJ act.

Let's understand  the fundamental rights of every child in this universe which are enshrined in the United Nations Convention on the Right of a Child (UNCRC) along with the fundamental principles that are enshrined in the JJ Act, 2015.  

There are four fundamental rights namely Survival, Development, Participation and Protection.  Apart from these rights, there are 16 principles to be factored in implementing the JJ Act in discharging child care.  In the JJ Act, while describing the fundamental principles, it is stated: "The Central Government, the State Governments, the Board, and OTHER AGENCIES, as the case may be, while implementing the provisions of this Act SHALL BE GUIDED by the following fundamental principles" .

Pay close attention to the phrases "Other Agencies" and "Shall be guided" which could include child care institutions that are registered under the JJ Act and their way of caring for the children.  Now that it is clear that we have to care for the children (that are in contact with the JJ Act) in a rights based approach, let's understand the difference between the two approaches.

In both the approaches, decisions are made by the adults but in the rights based approach, decisions are always made in consultation with the children.  Every decision that is to be made on behalf of children, ought to be presented in a child friendly manner, to them to seek their opinions and to guide them to make the right choices to make a final decision.  

For example, if you ask the children about the choice of food that they would like to eat, they might ask for something that may be beyond your budget.  If so, how do you deal with it?  Best thing is to present in front of them the limitations (budget) and constraints (making laborious foods) so that they understand before they express their opinions.  Even after they make a decision, they can be explained to reconsider their decisions.  

Children, when they see the sincerity behind the efforts of adults in caring for them, you'll be surprised to find that they too will go beyond their call to comply to the expectations.

To implement the rights based approach, there must be a mindset change to believe that every child that we care for (in childcare institutions), is an equal individual to our own biological children.  It is not easy to think like that but we ought to try.  If you don't, it is just a matter of time before you're forced to comply with it or worse, being accused of violating the rights of a child.  

What do you think?  Write your thoughts in the comments section below.