Children's rights movement

From Wikipedia, the free encyclopedia

 

The Children's Rights Movement is a historical and modern movement committed to the acknowledgment, expansion, and/or regression of the rights of children around the world. It began in the early part of the last century and has been an effort by government organizations, advocacy groups, academics, lawyers, lawmakers, and judges to construct a system of laws and policies that enhance and protect the lives of children. While the historical definition of child has varied, the United Nations Convention on the Rights of the Child asserts that "A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." There are no definitions of other terms used to describe young people such as "adolescents", "teenagers" or "youth" in international law.

Now that child labor had been effectively eradicated in parts of the world, the movement turned to other things, but it again stalled when World War II broke out and children and women began to enter the work force once more. With millions of adults at war, the children were needed to help keep the country running. In Europe, children served as couriers, intelligence collectors, and other underground resistance workers in opposition to Hitler's regime.

History

Natural rights

The Foundling Hospital, founded in 1741 as a philanthropic endeavour to rescue orphans

 

The concept of children having particular rights is a relatively new one. Traditional attitudes towards children tended to consider them as mere extensions of the household and 'owned' by their parents and/or legal guardian, who exerted absolute parental control. 

Views began to change during the Enlightenment, when tradition was increasingly challenged and the value of individual autonomy and natural rights began to be asserted.

The Foundling Hospital in London was founded in 1741 as a children's home for the "education and maintenance of exposed and deserted young children". Thomas Spence, an English political radical wrote the first modern defence of the natural rights of children in The Rights of Infants, published in 1796.

Social reform

With the onset of the Industrial Revolution, children as young as six began to be employed in the factories and coal mines in often inhumane conditions with long hours and little pay. During the early 19th century this exploitation began to attract growing opposition. The terrible conditions of the poor urban children was exposed to liberal middle-class opinion, notably by the author Charles Dickens in his novel Oliver Twist. Social reformers, such as the Lord Shaftesbury, began to mount a vigorous campaign against this practice. 

The use of child labour increased during the Industrial Revolution, and became a rallying cry for social reformers.

 

Ameliorating legislation was achieved with a series of Factory Acts passed during the 19th century, where working hours for children were limited and they were no longer permitted to work during the night. Children younger than nine were not allowed to work and those between 9-16 were limited to 16 hours per day. Factories were also required to provide education to the apprentices in reading, writing and arithmetic for the first four years. 

An influential social reformer was Mary Carpenter, who campaigned on behalf of neglected children who had turned to juvenile delinquency. In 1851 she proposed the establishment of three types of schools; free day schools for the general population, industrial schools for those in need and reformatory schools for young offenders. She was consulted by the drafters of educational bills, and she was invited to give evidence before House of Commons committees. In 1852 she established a reformatory school at Bristol.

In the United States, the Children's Rights Movement began with the orphan train. In the big cities, when a child's parents died or were extremely poor, the child frequently had to go to work to support himself and/or his family. Boys generally became factory or coal workers, and girls became prostitutes or saloon girls, or else went to work in a sweat shop. All of these jobs paid only starvation wages. 

In 1852, Massachusetts required children to attend school. In 1853, Charles Brace founded the Children's Aid Society, which worked hard to take street children in. The following year, the children were placed on a train headed for the West, where they were adopted, and often given work. By 1929, the orphan train stopped running altogether, but its principles lived on. 

Youth activists in the United States in the early 1900s.

 

The National Child Labor Committee, an organization dedicated to the abolition of all child labor, was formed in the 1890s. It managed to pass one law, which was struck down by the Supreme Court two years later for violating a child's right to contract his work. In 1924, Congress attempted to pass a constitutional amendment that would authorize a national child labor law. This measure was blocked, and the bill was eventually dropped. It took the Great Depression to end child labor nationwide; adults had become so desperate for jobs that they would work for the same wage as children. In 1938, President Franklin D. Roosevelt signed the Fair Labor Standards Act which, amongst other things, placed limits on many forms of child labor.

The Polish educationalist Janusz Korczak wrote of the rights of children in his book How to Love a Child (Warsaw, 1919); a later book was entitled The Child's Right to Respect (Warsaw, 1929). In 1917, following the Russian Revolution, the Moscow branch of the organization Proletkult produced a Declaration of Children's Rights.

Rights of the Child

The first formal charter to set out the rights of children was drafted by British social reformer Eglantyne Jebb in 1923. Jebb founded Save the Children in 1919, one of the first charities aimed at the young, to help alleviate the starvation of children in Germany and Austria-Hungary during the Allied blockade of Germany in World War I which continued after the Armistice.

Nehru distributes sweets to children on Children's Day in India.

 

Her experiences there and later in Russia, led her to believe that the rights of a child needed be especially protected and enforced, and her stipulations consisted of the following criteria:

1. The child must be given the means requisite for its normal development, both materially and spiritually.
2. The child that is hungry must be fed, the child that is sick must be nursed, the child that is backward must be helped, the delinquent child must be reclaimed, and the orphan and the waif must be sheltered and succored.
3. The child must be the first to receive relief in times of distress.
4. The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation.
5. The child must be brought up in the consciousness that its talents must be devoted to the service of its fellow men.

This manifesto was adopted by the International Save the Children Union and endorsed by the League of Nations General Assembly in 1924 as the World Child Welfare Charter. In 1925, the first International Child Welfare Congress was held in Geneva, where the Declaration was widely discussed and supported by organisations and governments.

Declaration of the Rights of the Child

The SCIU also pressed the newly formed United Nations in 1946 to adopt the World Child Welfare Charter. This was achieved in 1959, when the United Nations General Assembly adopted an expanded version as the Declaration of the Rights of the Child. Its main provisions are:

• protection rights: the right to be protected against maltreatment and neglect, the right to be protected from all forms of exploitation
• provision rights: the right to food and to health care, the right to education, the right to benefit from social security
• participation rights: the right to act in certain circumstances and the right to be involved in decision-making

From the formation of the United Nations to the present day, the Children's Rights Movement has become global in focus. Children around the world still suffer from forced child labor, genital mutilation, military service, and sex trafficking. Several international organizations have rallied to the assistance of children. These include Save the Children, Free the Children, and the Children's Defense Fund. 

The Child Rights Information Network, or CRIN, formed in 1983, is a group of 1,600 non-governmental organizations from around the world which advocate for the implementation of the Convention on the Rights of the Child. Organizations report on their countries' progress towards implementation, as do governments that have ratified the Convention. Every 5 years reporting to the United Nations Committee on the Rights of the Child is required for governments.

Children's rights by country

Many countries have created an institute of children's rights commissioner or ombudsman, the first being Norway in 1981. Others include Finland, Sweden, and Ukraine, which was the first country worldwide to install a child in that post in 2005.

Argentina

In 2005, in order to implement the UN Convention on the Rights of the Child, national Law for the Integral Protection of Children and Adolescents was enacted. This not only allows for protective measures for children, but also created the groundwork for a juvenile justice system. This system allows for children to be integrated back into society and established tactics to protect children from abuse and exploitation.

Australia

Australia is a participant to all significant treaties that impact on children’s rights. The rights and protection of children are governed by both Federal and state and territory law.

Brazil

Brazil is a founding member of the UN and a signatory of the Universal Declaration of Human Rights, which was adopted by General Assembly resolution in 1948. The Universal Declaration of the Rights of the Child emphasizes that motherhood and childhood are entitled to special care and that children born out of wedlock are allowed the same social protection. In 1990, Brazil approved the UN Convention on the Rights of the Child and fully incorporated it onto Brazil’s positive law.

China

China has ratified many international documents with regard to children’s rights protection, including the 1989 Convention on Rights of the Child, the Optional Protocol to the Convention on Rights of Child on the Sale of Children, Child Prostitution, and Child Pornography 2000, the Worst Forms of Child Labor Convention 1999, and The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 1993.

France

France is in cooperation with all the major treaties dealing with children rights. It has in place several mechanisms to monitor the implementation of the 1989 Convention on the Rights of the Child, in particular, an ombudsman for children.

Germany

Germany is in agreement with the global conventions that protect the rights of the child. However, Germany prefers to interpret these according to the principles of European agreements, specifically the European Human Rights Convention and also in accordance with German Constitutional guarantees.

Greece

Greece has various laws and a number of measures and services to promote and advance the rights of children. In 2002, the Greek Parliament adopted a new law on human trafficking; in 2003 the juvenile system was reformed; in 2006 an additional law was created to combat intra-family violence which states a prohibition of corporal punishment of children.

United States

There is a long history of children's rights in the U.S. Many children's rights advocates in the U.S. today advocate for a smaller agenda than their international peers. According to the U.S, for the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Groups predominately focus on child abuse and neglect, child fatalities, foster care, youth aging out of foster care, preventing foster care placement, and adoption. A longstanding movement promoting youth rights in the United States has made substantial gains in the past. Refer to the Convention of the Rights of a Child.

United Kingdom

The Children's Rights Movement assert that it is the case that children have rights which adults, states and government have a responsibility to uphold. The UK maintains a position that UNCRC is not legally enforceable and is hence 'aspirational' only - albeit a 2003 ECHR ruling states: "The human rights of children and the standards to which all governments must aspire in realizing these rights for all children are set out in the Convention on the Rights of the Child." (Extract from Sahin v Germany, Grand Chamber judgment of the ECHR, July 8, 2003). 18 years after ratification, the four Children's Commissioners in the devolved administrations have united in calling for adoption of the Convention into domestic legislation, making children's rights legally enforceable..

Convention on the Rights of the Child

Vienna, Austria; UN Children's Rights day, 2010-11-20.

 

The United Nations Convention on the Rights of the Child has 54 articles, each outlining a different right. They cover four different groupings of rights; survival, protection, development and participation. The Convention establishes a standard premise for the children's rights movement. It has been ratified by all but two countries; the United States and South Sudan. The US administration under Bush opposed ratifying the Convention, stating that there were "serious political and legal concerns that it conflicts with US policies on the central role of parents, sovereignty, and state and local law."

The Convention is supplemented by the Optional Protocol on the Involvement of Children in Armed Conflict (against military use of children) and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (against sale of children, child prostitution and child pornography).

Children in power

Presently, there are at least thirty countries that have some kind of non-adult structure of parliament, whether nationally or in cities, villages or schools. Many children's parliaments, especially in wealthier nations, are oriented more toward children's education in politics than toward the actual exercise of power in adult political systems.

On the other hand, some children's parliaments do exercise a degree of political power. One of the first children's parliaments, set up in the 1990s in village schools in Rajasthan, India, involves children aged six to fourteen electing child representatives who have been able to make genuine differences for their communities. Some children's parliaments, such as in the city of Barra Mansa in Brazil, have extensive powers over children's issues and control parts of the government budget.

There are also private institutions which are largely governed by children, for instance democratic schools (including Sudbury schools).

Children's rights education

From Wikipedia, the free encyclopedia

 

Children’s rights education is the teaching and practice of children’s rights in schools, educational programmes or institutions, as informed by and consistent with the United Nations Convention on the Rights of the Child. When fully implemented, a children's rights education program consists of both a curriculum to teach children their human rights, and framework to operate the school in a manner that respects children's rights. Articles 29 and 42 of the Convention on the Rights of the Child require children to be educated about their rights
 
In addition to meeting legal obligations of the Convention to spread awareness of children’s rights to children and to adults, teaching children about their rights has the benefits of improving their awareness of rights in general, making them more respectful of other people's rights, and empowering them to take action in support of other people's rights. Early programs to teach children about their rights, in Belgium, Canada, England and New Zealand have provided evidence of this. Children's rights in schools were taught and practiced as an ethos of 'liberating the child' well before the UN Convention was written, and that this practice helped to inform the values and philosophy of the Convention, the IBE and UNESCO, though sadly these practices, and this history are not really acknowledged or built-upon by the UN. This is one reasons that children's rights have not become a foundation of schools despite 100 years of struggle.

Meaning of children’s human rights education

Children’s human rights education refers to education and educational practices in schools and educational institutions that are consistent with the United Nations Convention on the Rights of the Child. It is a form of education that takes seriously the view that children are bearers of human rights, that children are citizens in their own right, that schools and educational institutions are learning communities where children learn (or fail to learn) the values and practices of human rights and citizenship, and that educating children about their own basic human rights is a legal obligation of the United Nations Convention on the Rights of the Child. 

Children's rights education is education where the rights of the child, as described in the Convention, is taught and practiced in individual classrooms. But in its most developed form, children’s rights are taught and practiced in a systematic and comprehensive way across grade levels, across the school, and across school districts. With full-blown children’s rights education, children’s rights are not simply an addition to a particular subject or classroom. Rather, the rights of the child are incorporated into the school curricula, teaching practices, and teaching materials across subjects and grade levels and are the centerpiece of school mission statements, behavior codes, and school policies and practices.

Fully developed children’s rights education means that all members of the school community receive education on the rights of the child. The Convention serves as a values framework for the life and functioning of the school or educational institution and for efforts to promote a more positive school climate and school culture for learning.

A core belief in children’s rights education is that when children learn about their own basic human rights, this learning serves as an important foundation for their understanding and support of human rights more broadly.

Education and the UN Convention on the Rights of the Child

The Convention on the Rights of the child has important implications for the education of children. Approved by the United Nations in 1989, the Convention is the most widely ratified and most quickly ratified country in world history. Only two countries – the United States and South Sudan – have yet to ratify the treaty. By ratifying the Convention, countries commit themselves to the principle that children have fundamental rights as persons and that state authorities have obligations to provide for those rights. Under the terms of the Convention, a legally binding treaty, states parties have the obligation to make their laws, policies, and practices consistent with the provisions of the Convention, if not immediately, then over time.

In the Convention are numerous articles that deal with education and with children’s rights education. Eugeen Verhellen has divided the Convention’s provisions on education along three tracks. First is the child’s right to education on the basis equal opportunity (article 28). This includes the right to free primary education and to accessible secondary and higher education. Second are the child’s rights in education (articles 2, 12, 13, 14, 15, and 19). This includes the right to non-discrimination, participation, protection from abuse and violence, and freedom of thought, expression, and religion. Third are the child’s rights through education (article 29 and 42). This refers to education where children are able to know and understand their rights and to develop respect for human rights, including their own human rights.

This third track of education spells an obligation by countries and education authorities to provide for children’s human rights education. Article 29 of the Convention requires that 'the education of the child shall be directed to the development of respect for human rights and fundamental freedoms.' This presumes knowledge and understanding of rights. Article 42 requires that countries 'undertake to make the principles of the Convention widely known, by appropriate and active means, to adults and children alike.'

Mindful of this duty of disseminating knowledge and recognizing its importance, the UN Committee on the Rights of the Child, the UN body responsible for monitoring the implementation of the Convention, has repeatedly urged countries to incorporate children’s rights into the school curricula and ensure that children know and understand their rights on a systematic and comprehensive basis.

Value of children’s human rights education

Children’s rights education in schools has value because it fulfills the obligations of countries to respect the rights of the child and implement the provisions of the Convention. But beyond the fulfillment of a legal obligation, children’s rights education has value for children. Felisa Tibbitts has suggested that child rights education can be expected to affect learners in three ways. First is in the providing of basic information and knowledge on the nature of rights and the specific rights that children are to enjoy. Children can be expected to have a more accurate and deeper understanding of rights. Second is in attitudes, values, and behaviors consistent with the understanding of rights. Children can be expected to have greater respect for the rights of others as shown in their attitudes and behaviors. Third is in empowering children to take action in support of the rights of others. Tibbitts refers to this as the 'transformational model' of rights education. Children here are more likely to take a stand in preventing or redressing human rights abuses. An example would be to support a victim of bullying and stand up against a bully in the school playground.

Research by Katherine Covell and R. Brian Howe shows evidence of the above effects. Compared to children who have not received children’s rights education, children who have received children's rights education are more likely to have an accurate and adult-like understanding of rights, to understand that rights and responsibilities are related, and to display socially responsible behaviors in support of the rights of others.

Implementation of children’s human rights education

Early initiatives

Including Janusz Korczak and his rights based Warsaw orphanage, Homer Lane and his Little Commonwealth (1913) of delinquent 'prisoners', A.S. Neill's Summerhill School (1921) there have been many schools and children's communities around the world that have been founded on the rights of children. Indeed, inspired by Montessori, Homer Lane and Harriet Finley Johnson, a community of teachers, educationalists, suffragists, politicians, inspectors and cultural contributors formed a community called the New Ideals in Education Conferences (1914–37) Their founding value was 'the liberation of the child' and they sought, shared and celebrated examples of practice in schools, prisons and child communities. They contributed to the 'child centred' primary school. This has been an overlooked history of the culture of the rights of the child, one that needs to be shared and celebrated to help empower children and those adults who work with them. 

Since the approval by the United Nations of the Convention on the Rights of the Child in 1989, various efforts have been made to provide children's rights education in schools.

Initiatives have been undertaken mainly at the level of individual classrooms and schools. Among the earliest initiatives was one in a primary school in Bruges, Belgium. This was a comprehensive child rights education project that was introduced in the early 1990s at De Vrijdagmarkt Primary School. It involved children ages 3 to 12 with the objective of educating them about the contents of the Convention, using democratic pedagogy and ensuring child participation in the learning process. Children were taught about their rights under the Convention through a variety of media including art and poetry. Art activities included newspaper collages representing examples of rights violations. Allowance was made for child-initiated and small group activities, role-play, and group discussion. Activities that were selected were ones of relevance and interest to the children. Younger children, for example, learned about the right to food by creating a very large doll with illustrations of food. Older children engaged in discussions and role-play regarding rights to adoption, education, and family.

Further examples of early initiatives were in classrooms in Cape Breton, Canada, in the late 1990s. Curriculum materials based on the Convention were developed in collaboration with children and their teachers for three grade levels. At the grade 6 level (children aged 11 to 13 years), education focused on introducing child rights in terms of their relevance to the individual child. Issues included healthy living, personal safety, families and family life, drug use, and decision-making. For example, to learn about their right to protection from narcotics, students role-played children and drug dealers and examined ways of dealing with pressure to try or sell drugs. At the grade 8 level (ages 13 to 15 years), the focus was on relationships of relevance to the child. The curriculum included units on sexuality, youth justice, child abuse, and exploitation. For example, students analyzed popular song lyrics to discuss how rights in sexuality are represented in music, and they completed cartoons that involved the competing considerations of freedom of speech and rights against discrimination. The grade 12 curriculum (for ages 17 to 19) expanded the sphere of children’s rights knowledge with application to global issues. These issues included war-affected children and child labor. At this level, activities included holding a mock UN Conference on war-affected children where small groups had responsibility for representing the players at the conference, and a sweatshop talk show in which groups researched child labor and then held a talk show to discuss their findings.

Hampshire, England

Writings about the initiative in Cape Breton schools inspired a major initiative in Hampshire County, England, called Rights, Respect and Responsibility or the RRR initiative. It is among the best known and most promising models of children’s human rights education to date. It is an initiative that features not only individual classrooms and schools but a whole school district. The RRR initiative was impelled by the recognition among senior education administrators in Hampshire of the need for a shared values framework and positive school climate for improved learning and educational outcomes. They also were motivated by their reading of the success of the rights education project in Cape Breton.

After study leave in Cape Breton, a group of Hampshire administrators and teachers decided to pilot test and then launch their own version of child rights education in Hampshire. After successful pilot testing in 2002, they officially launched RRR in 2004. To put the objectives of RRR into effect, Hampshire authorities—with funding from the Ministry of Education—devised a three-year strategic plan of implementation. This included provisions for teacher training, development of resources, and monitoring of developments. The plan was that the initiative would first be introduced in infant, primary, and junior schools and then over time, as children went into higher grades, it would be introduced in secondary schools. By 2012, in varying degrees of implementation, the majority of Hampshire schools were participating in RRR. 

The overall objective of RRR was to improve educational outcomes for children by transforming school cultures, building a shared values framework based on the Convention, and promoting educational practices consistent with the Convention. Knowledge and understanding of rights, respect, and social responsibility were to provide the values framework for all school policies, classroom practices, codes of conduct, mission statements, school regulations, and school curricula. The framework was to be put into effect across the whole school – across classrooms, across grade levels, across curricula, and across school practices. Of particular importance, consistent with children’s participation rights as described in article 12 of the Convention, behavior codes, rules, and regulations were to be developed in collaboration with the children, classroom teaching was to be democratic, and children were to be provided with numerous meaningful opportunities to participate in all aspects of school functioning.

New Zealand

Initiatives in Cape Breton and Hampshire have influenced developments in other schools, school districts, and even countries. Among the more ambitious developments have been seen in New Zealand where efforts are underway to make children’s human rights education a nationwide initiative. The context for the initiative is favorable. A strong human rights theme runs through New Zealand’s Education Act, national education goals, and national administrative guidelines. In the early 2000s, initial discussions about incorporating children’s rights education into the New Zealand curriculum were given momentum by the evidence provided from the Cape Breton and Hampshire County initiatives.

Like elsewhere, educators and human rights advocates in New Zealand had been concerned with poor achievement levels, bullying, and violent behaviors that are observed among a significant minority of children in schools. And also like elsewhere, teachers and administrators have been frustrated by the range of difficult demands in schools, the fragmentation of efforts to address common problems, and the disappointing results of those efforts. Learning about successes in the Cape Breton and Hampshire initiatives, the collaborative initiative Human Rights in Education/Mana Tika Tangata (HRiE) was formed. Its aim was to develop positive school cultures on the basis of the rights of the child and to improve achievement for all children through having schools and early childhood education centers become learning communities that know, promote, and live human rights and responsibilities. 

To achieve this goal, HRiE has been following the Hampshire model in using children’s rights as an overarching and integrating values framework for teaching, learning, and school management and organization. All members of the school community – school leadership, teachers and other staff, students, boards of trustees, and parents – learn about children’s rights and the responsibilities that go with them. They recognize that every member of the school community has the right to be treated with dignity and to participate in effective education. Students are formally recognized as citizens of the school and country with explicit rights and responsibilities. They participate in decision-making across the school, and rights are embedded across the curriculum, school practices, and policies.

Initiatives with preschool

Children's rights education initiatives also have occurred at the preschool level. For example, Canadian educators Pamela Wallberg and Maria Kahn introduced rights education to an early childhood program group of 3 and 4 year-old children in British Columbia over a three-month period. The introduction of "The Rights Project" was motivated in large part by observations of the children’s self-focus and disregard for the feelings of their peers. Using a coloring book designed to teach very young children about their rights, the teachers hoped to shift the children’s focus from individual wants to community needs – to increase levels of cooperation, altruism, and empathy.

Evaluations of children’s human rights education

The earliest reported evaluation of a child rights education project was that of the initiative in Bruges. Involving children ages 3 to 12, the primary focus of the evaluation was on the students’ social behavior. Gains in social understanding, respectful behaviors, concern for others, and pro-social action were the key observed changes. For example, the children became more interested in social justice and rights-related issues such as peace, war, injustice, and hunger. And they wanted to discuss the rights of marginalized children – those living with disabilities, in institutions, and of ethnic minority status.

Similar outcomes were found in evaluations of the effects of children’s rights education in Cape Breton schools. Evaluations conducted on students in grades 6 and 8 (ages 12 and 14 years) showed improved classroom climate, engagement, and behavior. At the grade 6 level differences were found in children’s understanding of rights, their acceptance of minority children, and their perceived levels of peer and teacher support. Teachers reported improved behavior and more positive classroom climate. In addition at the grade 8 level, children in rights-based classes showed increases in their self-esteem. Similar child-initiated projects to those reported from Bruges were seen also. For example, at one school upon realizing that not every child in the area was assured their right to nutritious food, the students initiated a breakfast program by obtaining cooperation and donations from the local community. In a different school, the class decided to work at a local food bank to help children whose families were unable to provide sufficient nutritious food. 

Anecdotal data from the teachers who used the grade 12 curriculum described how engaged their students were in the activities, and noted improvements in their students’ appreciation of global problems, and of the complexity and importance of respecting human rights. Students who had participated in the project completed a survey. The results showed them to be three times more likely than their peers to understand humanitarian assistance for children in difficult circumstances as a fundamental human right.

The most comprehensive evaluation data are of the Hampshire RRR initiative. Annual assessments over six years were conducted to assess the effects of the RRR. Included were children ages 4 – 14. Children and teachers in schools where RRR had been fully implemented were compared with those in demographically equivalent schools without RRR. These comparisons showed the following effects of RRR. Across ages, children showed a greater understanding of rights and their relation to responsibilities, increased levels of self-regulation, confidence, effort and motivation, participation and engagement in school, and achievement. These cognitive and attitudinal changes were reflected in significant improvements in behaviors. Children were reported by both their classroom teachers and the school principal to be more respectful, cooperative, inclusive and sensitive to the needs of other children. Incidents of bullying were reduced dramatically with disagreements being resolved using the discourse of rights rather than through physical or verbal aggression.

Teaching in RRR schools also led to changes in the teachers. School administrators noted significant changes in teachers use of democratic teaching and positive classroom management, and in less confrontational dealings with their students. Teachers were listening to children and taking their views into account. And the greater the level of student engagement and participation, the more teachers showed gains in a sense of personal achievement and significant decreases in emotional exhaustion and depersonalization.

Among all the positive findings of the evaluation of the RRR, the most intriguing was that at each time of measure the most disadvantaged school showed the greatest positive changes. Improvements in engagement, behavior and academic achievement were remarkable, and have been attributed to how the RRR transformed the culture of the school. The evidence suggests that schools that are fully consistent with the provisions of the Convention on the Rights of the Child can mediate the effects of a challenging environment of rearing and help close the achievement gap between disadvantaged children and their more advantaged peers.

Other evaluations

Although no formal evaluation has yet been published on the New Zealand initiative, anecdotal evidence suggests the outcomes are comparable to those reported from Hampshire. Teachers report improved learning environments and decreased stress. "Makes me think critically about some of the things I do in my classroom", a teacher reported, "especially some of the aspects of my behavior management." Another stressed that she has "had fabulous response from the children."

Evaluation data from Pamela Wallberg and Maria Kahn show that their preschool rights project was highly successful. They found that teaching young children about their Convention rights in an age-appropriate way transformed the learning environment. As classroom rules were replaced with rights, less adult control was needed and group conversations changed from chaotic chatter to the respectful exchange of ideas. The children’s behavior toward each other changed markedly. Their interactions reflected an understanding of the universality of rights and the importance of protecting the rights of others. And even at this very young age, rights discourse replaced arguing; for example, "you are hurting my right to play" became an effective problem solver that replaced tears and fighting. Wallberg and Kahn conclude that the children’s recognition of the relationship between rights and responsibilities shifted their focus "from 'me' to 'we'."

Children's rights

From Wikipedia, the free encyclopedia

Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to minors. The 1989 Convention on the Rights of the Child (CRC) defines a child as "any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." Children's rights includes their right to association with both parents, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics. Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing. There are no definitions of other terms used to describe young people such as "adolescents", "teenagers", or "youth" in international law, but the children's rights movement is considered distinct from the youth rights movement. The field of children's rights spans the fields of law, politics, religion, and morality.

Justifications

A boy working as a "clock boy" on the streets of Merida, Mexico

[There] is a mass of human rights law, both treaty and 'soft law', both general and child-specific, which recognises the distinct status and particular requirements of children. [Children], owing to their particular vulnerability and their significance as the future generation, are entitled to special treatment generally, and, in situations of danger, to priority in the receipt of assistance and protection.

— Jenny Kuper, International law concerning child civilians in armed conflict (1997, Clarendon Press)

As minors by law, children do not have autonomy or the right to make decisions on their own for themselves in any known jurisdiction of the world. Instead their adult caregivers, including parents, social workers, teachers, youth workers, and others, are vested with that authority, depending on the circumstances. Some believe that this state of affairs gives children insufficient control over their own lives and causes them to be vulnerable. Louis Althusser has gone so far as to describe this legal machinery, as it applies to children, as "repressive state apparatuses".

Structures such as government policy have been held by some commentators to mask the ways adults abuse and exploit children, resulting in child poverty, lack of educational opportunities, and child labour. On this view, children are to be regarded as a minority group towards whom society needs to reconsider the way it behaves.

Researchers have identified children as needing to be recognized as participants in society whose rights and responsibilities need to be recognized at all ages.

Historic definitions of children's rights

Pharaoh's daughter having pity on baby Moses in the floating basket. (The Hebrew babies had been ordered killed by her father.)

Sir William Blackstone (1765-9) recognized three parental duties to the child: maintenance, protection, and education. In modern language, the child has a right to receive these from the parent.

The League of Nations adopted the Geneva Declaration of the Rights of the Child (1924), which enunciated the child's right to receive the requirements for normal development, the right of the hungry child to be fed, the right of the sick child to receive health care, the right of the backward child to be reclaimed, the right of orphans to shelter, and the right to protection from exploitation.

The United Nations Universal Declaration of Human Rights (1948) in Article 25(2) recognized the need of motherhood and childhood to "special protection and assistance" and the right of all children to "social protection."

The United Nations General Assembly adopted the United Nations Declaration of the Rights of the Child (1959), which enunciated ten principles for the protection of children's rights, including the universality of rights, the right to special protection, and the right to protection from discrimination, among other rights.

Consensus on defining children's rights has become clearer in the last fifty years. A 1973 publication by Hillary Clinton (then an attorney) stated that children's rights were a "slogan in need of a definition". According to some researchers, the notion of children’s rights is still not well defined, with at least one proposing that there is no singularly accepted definition or theory of the rights held by children.

Children’s rights law is defined as the point where the law intersects with a child's life. That includes juvenile delinquency, due process for children involved in the criminal justice system, appropriate representation, and effective rehabilitative services; care and protection for children in state care; ensuring education for all children regardless of their race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics, and; health care and advocacy.

Classification

Children have two types of human rights under international human rights law. They have the same fundamental general human rights as adults, although some human rights, such as the right to marry, are dormant until they are of age, Secondly, they have special human rights that are necessary to protect them during their minority. General rights operative in childhood include the right to security of the person, to freedom from inhuman, cruel, or degrading treatment, and the right to special protection during childhood. Particular human rights of children include, among other rights, the right to life, the right to a name, the right to express his views in matters concerning the child, the right to freedom of thought, conscience and religion, the right to health care, the right to protection from economic and sexual exploitation, and the right to education.

Children's rights are defined in numerous ways, including a wide spectrum of civil, political, economic, social and cultural rights. Rights tend to be of two general types: those advocating for children as autonomous persons under the law and those placing a claim on society for protection from harms perpetrated on children because of their dependency. These have been labeled as the right of empowerment and as the right to protection.

United Nations educational guides for children classify the rights outlined in the Convention on the Rights of the Child as the "3 Ps": Provision, Protection, and Participation. They may be elaborated as follows:

• Provision: Children have the right to an adequate standard of living, health care, education and services, and to play and recreation. These include a balanced diet, a warm bed to sleep in, and access to schooling.
• Protection: Children have the right to protection from abuse, neglect, exploitation and discrimination. This includes the right to safe places for children to play; constructive child rearing behavior, and acknowledgment of the evolving capacities of children.
• Participation: Children have the right to participate in communities and have programs and services for themselves. This includes children's involvement in libraries and community programs, youth voice activities, and involving children as decision-makers.

In a similar fashion, the Child Rights International Network (CRIN) categorizes rights into two groups:

• Economic, social and cultural rights, related to the conditions necessary to meet basic human needs such as food, shelter, education, health care, and gainful employment. Included are rights to education, adequate housing, food, water, the highest attainable standard of health, the right to work and rights at work, as well as the cultural rights of minorities and indigenous peoples.
• Environmental, cultural and developmental rights, which are sometimes called "third generation rights," and including the right to live in safe and healthy environments and that groups of people have the right to cultural, political, and economic development.

Amnesty International openly advocates four particular children's rights, including the end to juvenile incarceration without parole, an end to the recruitment of military use of children, ending the death penalty for people under 21, and raising awareness of human rights in the classroom. Human Rights Watch, an international advocacy organization, includes child labor, juvenile justice, orphans and abandoned children, refugees, street children and corporal punishment. 

Scholarly study generally focuses children's rights by identifying individual rights. The following rights "allow children to grow up healthy and free":

• Freedom of speech
• Freedom of thought
• Freedom from fear
• Freedom of choice and the right to make decisions
• Ownership over one's body

Physical rights

A report by the Committee on Social Affairs, Health, and Sustainable Development of the Parliamentary Assembly of the Council of Europe identified several areas the Committee was concerned about, including procedures such as "female genital mutilation, the circumcision of young boys for religious reasons, early childhood medical interventions in the case of intersex children and the submission to or coercion of children into piercings, tattoos or plastic surgery". The Assembly adopted a non-binding resolution in 2013 that calls on its 47 member-states to take numerous actions to promote the physical integrity of children.

Article 19 of the Convention on the Rights of the Child enjoins parties to "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation". The Committee on the Rights of the Child interprets article 19 as prohibiting corporal punishment, commenting on the "obligation of all States Party to move quickly to prohibit and eliminate all corporal punishment." The United Nations Human Rights Committee has also interpreted Article 7 of the International Covenant on Civil and Political Rights prohibiting "cruel, inhuman or degrading treatment or punishment" to extend to children, including corporal punishment of children.

Newell (1993) argued that "...pressure for protection of children's physical integrity should be an integral part of pressure for all children's rights."

The Committee on Bioethics of the American Academy of Pediatrics (AAP) (1997), citing the Convention on the Rights of the Child (1989), asserts that "every child should have the opportunity to grow and develop free from preventable illness or injury."

Other issues

Other issues affecting children's rights include the military use of children, sale of children, child prostitution and child pornography.

Difference between children's rights and youth rights

"In the majority of jurisdictions, for instance, children are not allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment." Within the youth rights movement, it is believed that the key difference between children's rights and youth rights is that children's rights supporters generally advocate the establishment and enforcement of protection for children and youths, while youth rights (a far smaller movement) generally advocates the expansion of freedom for children and/or youths and of rights such as suffrage.

Parental powers

Parent are given sufficient powers to fulfill their duties to the child.

Parents affect the lives of children in a unique way, and as such their role in children's rights has to be distinguished in a particular way. Particular issues in the child-parent relationship include child neglect, child abuse, freedom of choice, corporal punishment and child custody. There have been theories offered that provide parents with rights-based practices that resolve the tension between "commonsense parenting" and children's rights. The issue is particularly relevant in legal proceedings that affect the potential emancipation of minors, and in cases where children sue their parents.

A child's rights to a relationship with both their parents is increasingly recognized as an important factor for determining the best interests of the child in divorce and child custody proceedings. Some governments have enacted laws creating a rebuttable presumption that shared parenting is in the best interests of children.

Limitations of parental powers

Parents do not have absolute power over their children. Parents are subject to criminal laws against abandonment, abuse, and neglect of children. International human rights law provides that manifestation of one's religion may be limited in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Courts have placed other limits on parental powers and acts. The United States Supreme Court, in the case of Prince v. Massachusetts, ruled that a parent's religion does not permit a child to be placed at risk. The Lords of Appeal in Ordinary ruled, in the case of Gillick v West Norfolk and Wisbech Area Health Authority and another, that parental rights diminish with the increasing age and competency of the child, but do not vanish completely until the child reaches majority. Parental rights are derived from the parent's duties to the child. In the absence of duty, no parental right exists. The Supreme Court of Canada ruled, in the case of E. (Mrs.) v. Eve, that parents may not grant surrogate consent for non-therapeutic sterilization. The Supreme Court of Canada has ruled, in the case of B. (R.) v. Children's Aid Society of Metropolitan Toronto:

"While children undeniably benefit from the Charter, most notably in its protection of their rights to life and to the security of their person, they are unable to assert these rights, and our society accordingly presumes that parents will exercise their freedom of choice in a manner that does not offend the rights of their children."

Adler (2013) argues that parents are not empowered to grant surrogate consent for non-therapeutic circumcision of children.

Movement

The 1796 publication of Thomas Spence's Rights of Infants is among the earliest English-language assertions of the rights of children. Throughout the 20th century, children's rights activists organized for homeless children's rights and public education. The 1927 publication of The Child's Right to Respect by Janusz Korczak strengthened the literature surrounding the field, and today dozens of international organizations are working around the world to promote children's rights. In the UK the formation of a community of educationalists, teachers, youth justice workers, politicians and cultural contributors called the New Ideals in Education Conferences (1914–37) stood for the value of 'liberating the child' and helped to define the 'good' primary school in England until the 80s. Their conferences inspired the UNESCO organisation, the New Education Fellowship. 

A.S. Neill's 1915 book A Dominie's Log (1915), a diary of a headteacher changing his school to one based on the liberation and happiness of the child, can be seen as a cultural product that celebrates the heroes of this movement.

Opposition

The opposition to children's rights long predates any current trend in society, with recorded statements against the rights of children dating to the 13th century and earlier. Opponents to children's rights believe that young people need to be protected from the adultcentric world, including the decisions and responsibilities of that world. In a dominantly adult society, childhood is idealized as a time of innocence, a time free of responsibility and conflict, and a time dominated by play. The majority of opposition stems from concerns related to national sovereignty, states' rights, the parent-child relationship. Financial constraints and the "undercurrent of traditional values in opposition to children's rights" are cited, as well. The concept of children's rights has received little attention in the United States.

International human rights law

The Universal Declaration of Human Rights is seen as a basis for all international legal standards for children's rights today. There are several conventions and laws that address children's rights around the world. A number of current and historical documents affect those rights, including the Declaration of the Rights of the Child, drafted by Eglantyne Jebb in 1923, endorsed by the League of Nations in 1924 and reaffirmed in 1934. A slightly expanded version was adopted by the United Nations in 1946, followed by a much expanded version adopted by the General Assembly in 1959. It later served as the basis for the Convention on the Rights of the Child.

International Covenant on Civil and Political Rights

The United Nations adopted the International Covenant on Civil and Political Rights (ICCPR) in 1966. The ICCPR is a multilateral international covenant that has been ratified or acceded to by nearly all nations on Earth. Nations which have become state-parties to the Covenant are required to honor and enforce the rights enunciated by the Covenant. The treaty came into effect on 23 March 1976. The rights codified by the ICCPR are universal, so they apply to everyone without exception and this includes children. Although children have all rights, some rights such as the right to marry and the right to vote come into effect only after the child reaches maturity.

Some general rights applicable to children include:

• the right to life
• the right to security of person
• the right to freedom from torture
• the right to freedom from cruel, inhuman or degrading treatment or punishment
• the right to be separated from adults when charged with a crime, the right to speedy adjudication, and the right to be accorded treatment appropriate to their age

Article 24 codifies the right of the child to special protection due to his minority, the right to a name, and the right to a nationality.

Convention on the Rights of the Child

The United Nations' 1989 Convention on the Rights of the Child, or CRC, is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. Its implementation is monitored by the Committee on the Rights of the Child. National governments that ratify it commit themselves to protecting and ensuring children's rights, and agree to hold themselves accountable for this commitment before the international community. The CRC is the most widely ratified human rights treaty with 196 ratifications; the United States is the only country not to have ratified it.

The CRC is based on four core principles: the principle of non-discrimination; the best interests of the child; the right to life, survival and development; and considering the views of the child in decisions that affect them, according to their age and maturity. The CRC, along with international criminal accountability mechanisms such as the International Criminal Court, the Yugoslavia and Rwanda Tribunals, and the Special Court for Sierra Leone, is said to have significantly increased the profile of children's rights worldwide.

Vienna Declaration and Programme of Action

The Vienna Declaration and Programme of Action urges, at Section II para 47, all nations to undertake measures to the maximum extent of their available resources, with the support of international cooperation, to achieve the goals in the World Summit Plan of Action. And calls on States to integrate the Convention on the Rights of the Child into their national action plans. By means of these national action plans and through international efforts, particular priority should be placed on reducing infant and maternal mortality rates, reducing malnutrition and illiteracy rates and providing access to safe drinking water and basic education. Whenever so called for, national plans of action should be devised to combat devastating emergencies resulting from natural disasters and armed conflicts and the equally grave problem of children in extreme poverty. Further, para 48 urges all states, with the support of international cooperation, to address the acute problem of children under especially difficult circumstances. Exploitation and abuse of children should be actively combated, including by addressing their root causes. Effective measures are required against female infanticide, harmful child labour, sale of children and organs, child prostitution, child pornography, and other forms of sexual abuse. This influenced the adoptions of Optional Protocol on the Involvement of Children in Armed Conflict and Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

Enforcement

A variety of enforcement organizations and mechanisms exist to ensure children's rights. They include the Child Rights Caucus for the United Nations General Assembly Special Session on Children. It was set up to promote full implementation and compliance with the Convention on the Rights of the Child, and to ensure that child rights were given priority during the UN General Assembly Special Session on Children and its Preparatory process. The United Nations Human Rights Council was created "with the hope that it could be more objective, credible and efficient in denouncing human rights violations worldwide than the highly politicized Commission on Human Rights." The NGO Group for the Convention on the Rights of the Child is a coalition of international non-governmental organisations originally formed in 1983 to facilitate the implementation of the United Nations Convention on the Rights of the Child.

National law

Many countries around the world have children's rights ombudspeople or children's commissioners whose official, governmental duty is to represent the interests of the public by investigating and addressing complaints reported by individual citizens regarding children's rights. Children's ombudspeople can also work for a corporation, a newspaper, an NGO, or even for the general public.

United States law

The United States has signed but not ratified the CRC. As a result, children's rights have not been systematically implemented in the U.S. 

Children are generally afforded the basic rights embodied by the Constitution, as enshrined by the Fourteenth Amendment to the United States Constitution. The Equal Protection Clause of that amendment is to apply to children, born within a marriage or not, but excludes children not yet born. This was reinforced by the landmark US Supreme Court decision of In re Gault (1967). In this trial 15-year-old Gerald Gault of Arizona was taken into custody by local police after being accused of making an obscene telephone call. He was detained and committed to the Arizona State Industrial School until he reached the age of 21 for making an obscene phone call to an adult neighbor. In an 8–1 decision, the Court ruled that in hearings which could result in commitment to an institution, people under the age of 18 have the right to notice and counsel, to question witnesses, and to protection against self-incrimination. The Court found that the procedures used in Gault's hearing met none of these requirements.

The United States Supreme Court ruled in the case of Tinker v. Des Moines Independent Community School District (1969) that students in school have Constitutional rights.

The United States Supreme Court has ruled in the case of Roper v. Simmons that persons may not be executed for crimes committed when below the age of eighteen. It ruled that such executions are cruel and unusual punishment, so they are a violation of the Eighth Amendment to the United States Constitution.

There are other concerns in the United States regarding children's rights. The American Academy of Adoption Attorneys is concerned with children's rights to a safe, supportive and stable family structure. Their position on children's rights in adoption cases states that, "children have a constitutionally based liberty interest in the protection of their established families, rights which are at least equal to, and we believe outweigh, the rights of others who would claim a 'possessory' interest in these children." Other issues raised in American children's rights advocacy include children's rights to inheritance in same-sex marriages and particular rights for youth.

German law

A report filed by the President of the INGO Conference of the Council of Europe, Annelise Oeschger finds that children and their parents are subject to United Nations, European Union and UNICEF human rights violations. Of particular concern is the German (and Austrian) agency, Jugendamt (German: Youth office) that often unfairly allows for unchecked government control of the parent-child relationship, which have resulted in harm including torture, degrading, cruel treatment and has led to children's death. The problem is complicated by the nearly "unlimited power" of the Jugendamt officers, with no processes to review or resolve inappropriate or harmful treatment. By German law, Jugendamt officers are protected against prosecution. Jugendamt (JA) officers span of control is seen in cases that go to family court where experts testimony may be overturned by lesser educated or experienced JA officers; In more than 90% of the cases the JA officer's recommendation is accepted by family court. Officers have also disregarded family court decisions, such as when to return children to their parents, without repercussions. Germany has not recognized related child-welfare decisions made by the European Parliamentary Court that have sought to protect or resolve children and parental rights violations.