The need for a General Comment for Article 19 of the UN Convention on the Rights of the Child: Toward enlightenment and progress for child protection

ObjectiveTo present the need and plan for development of a General Comment for the UN Convention on the Rights of the Child Article 19 which has the potential to transform and advance child protection through the infusion of a child rights approach.MethodsThe Committee on the Rights of the Child (Committee) authorized ISPCAN and IICRD to draft a General Comment for CRC Article 19 (GC19) and to introduce implementation supports. An international working group (GC19WG), Expert Advisory Panel (EAP), and GC19 Focal Group of Committee members (GC19 CRC FG) have been organized to help guide and carry out the program of development. Analyses of relevant histories and knowledge, including effective and promising child protection strategies, are being applied to guide formulation of the GC and high priority implementation components. Consultations on the draft and supportive products will be conducted in cooperation with UNICEF, WHO, the NGO Group for the CRC, and other NGOs.Advice is to be solicited from interested parties and organizations in person and through distance communication throughout the world.ResultsIn addition to the GC19, numerous implementation supports will be planned and some will be produced and piloted during the program of development. Under consideration are an implementation guide and resources; commentary; accountability models, indicators, measures and evaluation systems; a clearing house and resource website; a child-appropriate version of GC19; and education/training curricula and programs.Practice implicationsGC19 has the potential to transform child protection by fostering a paradigm shift in its conceptualization, theory, research, and practice. Article 19 encourages an interpretation and application beyond narrow child protection conceptualizations and practices which have been found seriously inadequate. The General Comment can advance effective prevention of maltreatment and protection of personal security by promoting the child's rights, well-being, health, and development in all aspects of child protection. GC19 will provide support to the Committee on the Rights of the Child in its monitoring and guiding functions, and to States Parties, professionals, and civil society agents concerned with the protection and well-being of children.     

The CRC 20 years: An overview of some of the major achievements and remaining challenges

On 20 November 1989, the General Assembly of the United Nations adopted the Convention on the Rights of the Child (CRC). It entered into force on 2 September 1990 and has by now been ratified by 193 States, making the most universally ratified human rights treaty. This overview will present and discuss the impact of this treaty both at the international and the national level, an overview which necessarily has to be limited to some of the developments as a result of the implementation of the CRC.The first part of this paper will be devoted to the impact the CRC had and still has on the setting and development of the international agenda for the promotion and protection of the rights and welfare of children. Special attention will given to developments, achievements, and remaining challenges at the international level with regard to protection of children in armed conflict; prevention and the protection of children from sexual exploitation; and from all forms of violence. This will include some information on the impact of these international developments and actions at the national level, for example, in the area of legislation.The second part will focus on the impact at the national level. Given the wide scope of the CRC this part will be limited to some of the General Measures of Implementation (law reform, national programmes, and independent monitoring) and the General Principles (non-discrimination, best interest, right to be heard) of the CRC. This will be based on reports of States on the implementation of the CRC submitted to the CRC Committee and the Concluding Observations of this Committee and on a number of studies. The conclusion will provide remarks on poverty as one of the major remaining challenges for the implementation of children's rights.     

Education and the rights of the child in Europe

This article analyses the situation of the right to education in Europe, based on a comparative study of the recommendations made by the Committee on the Rights of the Child with respect to the reports submitted to the Committee by the European States Parties. The primary sources used are the Committee’s concluding observations and the individual reports of the States Parties. The article analyses some of the educational aspects underlying the Convention on the Rights of the Child, such as obstacles to the enjoyment of the right to education, access to that right, discrimination in education, school discipline and human rights-based education. The conclusions suggest consideration of a European map, highlighting certain difficulties in such areas as access to education, discrimination against particular groups and a certain ambivalence in relation to the use of corporal punishment.     

The new UN CRC General Comment 13: "The right of the child to freedom from all forms of violence"--changing how the world conceptualizes child protection

The UN Committee on the Rights of the Child established CRC General Comment 13 (April 2011) to address today's unabating high rates of violence against children globally despite CRC advances. GC13 provides clear interpretations and stronger detail to supplement the legal language of CRC Article 19, intended to establish protection of children from all forms of violence. Through GC13, the Committee seeks to strengthen policy and practice implementation for all children, including every nation's most vulnerable, by clearly establishing measurable indicators: structure, process and outcomes to children-through improved technical information, expertise and assistance. Based on knowledge and experience gained over the 22 years since the CRC was adopted, GC13 advances best practice approaches and technical resources for States Parties and professionals on preventing violence against children, and on strengthening protection programs, systems, services, research, monitoring, evaluation and reporting. This article addresses child rights and protection issues which have been raised during this period, as well as during the consultation and resulting dialogues, such as the rights of children in early/forced marriage, and the role of the State Party as responsible caregiver when parents or families are not capable of providing protection.     

The rights to educational self-determination under the Individuals with Disabilities Education Act

ABSTRACT

The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of just two examples, as students ‘age out’ of special education, they participate in developing individualised transition plans guiding their movements to post-school activities. Second, the IDEA transfers parental access rights to students, granting them sole control over their educational records on turning 18 unless they are adjudicated incompetent under state law.

Against this background, this paper opens by considering the U.S. Senate's reluctance to ratify the CRC. The paper next reviews the history of rights in the U.S. before examining how the IDEA affords students with disabilities considerable opportunities to participate in planning their futures both through transition planning and taking control over their educational records. The article ends by reflecting on how the IDEA comports with the CRC in protecting the rights of students with disabilities to self-determination.     

Children's rights and their subjective well-being from a multinational perspective

This article explores the relationship between children's knowledge and perceptions about their rights and subjective well-being (SWB) in a sample of 8-, 10- and 12-year-olds in 18 countries, taking account of gender differences. Children's knowledge and perceptions about their rights were analysed considering whether they reported that they knew their rights, whether they had heard about the UN Convention on the Rights of the Child (CRC) and whether they thought that, in their country, adults respected their rights. To explore SWB, a modified version of the Student's Life Satisfaction Scale, adapted by the Children's Worlds project, was used. Children reporting that they knew their rights, knew about the CRC, or thought that in their country adults respected their rights demonstrated significantly higher SWB scores than those reporting otherwise in the 18 countries. The effects of perceiving that adults in general respected children's rights in their own country on SWB were much more important than the knowledge of children's rights or the knowledge of the CRC. Results provide useful indications on how to promote children's well-being in public policies, including in education, through the promotion of their rights.     

Creating the effective school : The role of evaluation

The concept of children's rights evolved during the 1980s giving prominence to the role of children as active participants in the construction of their lives. The rhetoric of children's rights has emerged as an important consideration in all policy and practice relating to children. Implementation of children's rights in practice is necessary to maximise their potential to improve the lives of children. This paper presents an argument for the importance of giving meaning to the implementation of children's rights in the Individual Education Plan (IEP) process for pupils with autistic spectrum disorder (ASD) in Ireland. The study, on which this paper is based, was conducted in two stages using both qualitative and quantitative approaches. The first stage focused on the development of a set of indicators for the IEP process based on a children's rights framework and informed by the perspectives of children, parents and teachers, alongside the literature on best practice on IEPs. In the second stage, a survey questionnaire was designed, based on the children's rights indicators, to evaluate current IEP practice in Ireland for pupils with autistic spectrum disorder. This article outlines the development of a set of indicators for the IEP process. It also presents findings of the survey which evaluates current practice in relation to the IEP process for pupils with ASD in Ireland. The article focuses specifically on Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC) which stipulates that in all actions concerning children, ‘the best interests of the child shall be a primary consideration’.     

‘Voice’ is not enough: conceptualising Article 12 of the United Nations Convention on the Rights of the Child

This article provides a children's rights critique of the concept of ‘pupil voice’. The analysis is founded on Article 12 of the United Nations Convention on the Rights of the Child, which gives children the right to have their views given due weight in all matters affecting them. Drawing on research conducted on behalf of the Northern Ireland Commissioner for Children and Young People, the article assesses some of the barriers to the meaningful and effective implementation of the right within education. It is argued that the phrases which are commonly used as abbreviations for Article 12, such as ‘pupil voice’, have the potential to diminish its impact as they provide an imperfect summary of the full extent of the obligation. The article proposes a new model, which has four key elements, for conceptualising Article 12— Voice, Audience and Influence.     

The Rights of Children and Young People in State Care

Abstract

This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand’s obligations under the United Nations Convention on the Rights of the Child (UNCRC). This is particularly important for the care and protection of children needing state care as the government has the responsibility as a state body to ensure their rights are upheld, alongside their direct responsibilities as the ‘corporate parent’. This article explores the vulnerability of this group and the ways in which their rights under UNCRC are not being met by current legislation and policy. It goes on to recommend changes to the way in which we approach legislative and policy development.     

Moral Education through the 3 Rs: Rights,respect and responsibility

We report an empirical assessment of suggestions that education in the appreciation of rights may be an effective agent of moral education. A children's rights curriculum was developed that was incorporated into the existing health and social studies curricula in Grade 8 classes (age 13-15) at five different schools over a 6-month period. The curriculum was designed to teach adolescents about their rights and responsibilities under the United Nations Convention on the Rights of the Child in an egalitarian and student-centred manner. Assessment of the impact of the rights curriculum showed that, when compared with their peers who did not receive the rights curriculum, the adolescents who did indicated higher levels of self-esteem, perceived peer and teacher support and increased rights-respecting attitudes.     

Progress in implementing the convention on the rights of the child: Factors helping and hindering that process

Conclusion Paper commitments by governments to the convention are not enough. This brief overview of the current state of children's education rights highlights the limits of the progress made so far. The convention provides us with a tool, a philosophy and a framework of standards against which to monitor progress. The challenge is to use it to develop concrete plans of action for implementing its principles in the lives of all children. At the present time, many schoolsfall far below its standards. Change is urgently needed not only to improve enrolment and reduce the number of dropouts but also to promote the rights of children to participate, to respect for their dignity, to an education directed at promoting fulfilment of potential, to freedom from violence and to a culture of respect for human rights. Respect for these rights will benefit not only individual children but also society as a whole. Children will be less disaffected if the curriculum is relevant to their needs. They will learn more effectively if they are valued as individuals. They will become socially responsible if they learn principles of respect for human rights through their treatment at school. Change will take time and will require more resources. But the outcome is win-win. There can be no excuse for failing to make an active commitment to the fullest possible implementation of the convention. We owe it to the world's children. Original language: English Gerison Lansdown (United Kingdom) Director of the Children's Rights Office established to promote implementation of the United Nations Convention on the Rights of the Child and promote the case for a statutory Children's Rights Commissioner. She was co-editor of theAgenda for children (1994), a comprehensive analysis of the state of children's rights in the United Kingdom. She has published and lectured widely in the field of children's rights, both nationally and internationally. She is currently an associate fellow at UNICEF's International Child Development Centre in Florence.     

‘If there's a dead rat,don't leave it’. Young children's understanding of their citizenship rights and responsibilities

Concerns about pupil disengagement from school and society have led to compulsory citizenship education in state schools in England. However, there is little evidence that the new citizenship education is meeting its goals. The research described here assesses a new approach to citizenship education that appears to overcome some of the identified obstacles in current practices. Hampshire's ‘Rights, respect and responsibility’ initiative is a rights‐based whole school reform of school policies and practices. Under this initiative the contemporaneous citizenship status of pupils is respected, pupils are taught about their rights under the UN Convention on the Rights of the Child and democratic participation is made meaningful in classroom and school functioning. Of particular interest is that the initiative starts in infant schools. This research indicates that young children can understand their rights and responsibilities in ways that are meaningful to their everyday behaviour and that rights‐based whole school reform has the capacity to improve pupil learning and citizenship behaviours.     

No Child Left Behind and the Denigration of Race

Race is the social expression of power and privilege, and new racial configurations take shape in conjuction with alterations in the political economy of American society. This article examines the relationship of educational policy to the emergence of a new conception of racism that has appeared in the post-civil rights era: colorblind racism. Colorblind policies are championed as fair and just, congruent with the egalitarian aspirations of the Civil Rights Movement that culminated in the passage of the Civil Rights Act in 1964. In rendering invisible the salience of race, the goal of colorblindness is to make advantage appear as a logical consequence of the natural order of things. The non-recognition of race as a form of political power tacitly enables the colorblind ideal to steer education policy toward the reinforcement of the dominant culture as the norm and the maintenance of hegemonic social arrangements. The insinuation of colorblindness into the culture of educational policymaking, and of No Child Left Behind in particular, suggests that substantive educational restructuring may not be part of the nation's racial agenda.     

“The Equitable Powers of the Judge”: The Conflict Between No Child Left Behind and Court-Ordered Desegregation in Richmond County,Georgia

This article consists of a case study and policy analysis of a conflict between two federal mandates that arose during the initial implementation of the No Child Left Behind Act in 2002 in a southern school system, Richmond County, Georgia. The first part of the article documents the conflict, drawing on primary source documents and interviews with the school superintendent and school board attorney. A U.S. District court judge ruled that the 1972 court order that had mandated county-wide school desegregation was in conflict with No Child Left Behind's public school transfer policy and granted the county a one-year delay so that the school system could study the policy's likely effects. The U.S. Department of Education's response to the judge's ruling instigated a situation that led to a federal-local political disagreement, whose origins and resolution are described. In the article's second section, the author places these events into broader historical perspective, arguing that they reveal how federal policy in elementary and secondary education has shifted during the intervening decades since the Elementary and Secondary Education Act's enactment in 1965. The case highlights the changing federal-district relationship, the equitable implementation of the No Child Left Behind public school choice provision, and the nature of federal authority in education policy, and how it is currently being exercised by the Bush administration.     

Navigating the ambiguous policy landscape of student participation

ABSTRACT

Student participation at school is receiving heightened attention through international evidence connecting it to a range of benefits including student learning, engagement, citizenship and wellbeing, as well as to overall school improvement. Yet the notion of student participation remains an ambiguous concept, and one that challenges many deeply entrenched norms of traditional schooling.

Informed by understandings of ‘participation’ linked to the UN Convention on the Rights of the Child, this article takes the Australian state of New South Wales (NSW) as a case study to explore how student participation is currently articulated in educational policy. It reports the findings of an analysis of 142 state and federal government policy-related documents, along with qualitative interview data from nine policy personnel. The findings suggest that students are conceptualised within these policies in contradictory ways, interpretations of participation are diverse yet frequently instrumentalist, and there is little conceptual coherence across the educational policy landscape in NSW in relation to ‘student participation’. The findings are discussed in light of international interest around student participation. The analytical framework used in this analysis is proposed as a possible tool for critically examining the place and purpose of student participation at school, regardless of jurisdiction.

Abbrevations: NSW = the Australian state of New South Wales; UNCRC = United Nations Convention on the Rights of the Child; SRC = Student Representative Council     

Human Rights,Identities and Conflict Management: A study of school culture as experienced through classroom relationships

This paper presents the findings of an action research project designed to examine the dynamics of classroom relationships and perceptions of how rights and identities operate in an all boys' comprehensive school in the English West Midlands. The principal aims of the research were to examine the feasibility of adopting a human rights framework as a basis for school life and to evaluate subsequent relationships and identities. The first section of this paper examines the potential of human rights education to promote constructive relationships and manage conflict. It takes the 1989 United Nations Convention on the Rights of the Child as its framework for action. We then outline the methodology adopted and consider how the classroom environment affects and is affected by those working within it. We reflect on the expression of identities and understandings of rights and responsibilities in the classroom by both students and teachers and the impact of these understandings and of masculine identities on classroom management. Although we recognise the findings of action research are necessarily situation specific and possibly transient and/or changeable, we draw on these findings to develop a model which may be of value to those seeking to develop schools as human rights communities.     

Ghana’s education reform 2007: A realistic proposition or a crisis of vision?

Ghana’s recent “Education Reform 2007” envisions a system that strives to achieve both domestic and internationally-oriented goals emanating (1) from the Education for All (EFA) initiative, (2) from the UN Convention on the Rights of the Child and (3) from global trends in education. Emboldened by the implementation of foreign-donor-funded programmes such as EFA, the restructuring of the Ghana Education Sector Project (EdSeP) and the Science Resource Centres (SRC) project, both the education reform of 2007 and recent educational policy debates have reiterated the need to emphasise the teaching of science and information and communication technology to make Ghana’s students/graduates more competitive in the global labour market. However, the bulk of Ghana’s economic activity actually remains domestic or unglobalised. And given a weak economy and declining social spending due to strict adherence to the prescribed structural adjustment policies of the International Monetary Fund (IMF) and the World Bank (WB), there is concern that a focus on international competitiveness may be a crisis of vision. On the basis of the Ghanaian government’s failure to meet the stated goals of previous reforms such as that of 1974, and the education system’s continuing dependence on foreign donor support, this paper argues that the goals of the new reform may be unachievable on a sustainable basis. It also argues that rather than subjugate national domestic priorities to a mirage of international credibility/competitiveness, Ghana should concentrate on capacitating her students/graduates to make maximum impact at domestic and local community levels.     

ICDP approach to awareness-raising about children's rights and preventing violence, child abuse, and neglect

In April 2011, the Committee on the Rights of the Child issued the General Comment No. 13 on the right of the child to freedom from all forms of violence. Its Article 19 declares that "protective measures should, as appropriate, include effective procedures for the establishment of social programs to provide necessary support for the child and for those who have the care of the child." One available social program that focuses on providing support for parents, caregivers and children is the International Child Development Program (ICDP), which is presented in this article. The ICDP is designed to influence and improve the quality of contact and relation between the caregivers, usually parents, and children, through the practical application of the eight themes or guidelines for positive interaction. The Convention on the Rights of the Child is a value-based legal document ratified by most countries in the world. This is a significant achievement and it gives a new basis and legitimization for a more humane treatment of children all over the world. Nevertheless, it is important to understand that there is a big gap between a legal document describing ideal conditions for children at a macro-governmental level and its implementation at the microlevel of families and communities. The ICDP is another expression of the same humanitarian spirit as it is encoded in the convention of children' rights. ICDP can be put in practice in any community to create positive conditions for the fulfillment of fundamental children's rights: the right to be protected from violence and to receive the loving care and guidance from the immediate environment which is required to ensure healthy human development. Introducing children's rights is likely to have a major impact on families (and all levels of authorities) if efforts are also made to activate awareness and deeper bonding to children as persons. Without a deep activation of a more humanized and caring relationship to children, provided by social programs such as ICDP, the advocacy for children's rights may become an empty shell without its basis in human realities.     

Children's rights in education

Conclusions The key to the development of any nation is through the educating of its people. No civilized, humane or progressive society can ignore that right to schooling and education of its citizens, particularly its children. Therefore, to implement the right of the child to a development-oriented education is a fundamental condition for improving the child's quality of life, including spiritual and moral dimensions, and his/her ability to function fully as a constructive member of society. The child needs supportive conditions, not only to survive, but also to develop into a responsible human adult. Education must make the present and future well-being of the young generation as its ultimate goal, of which one of the most important conditions is to ensure the full realization of its rights as stipulated by the Convention on the Rights of the Child, for education in the broadest sense continues beyond school and throughout life in a myriad of social contexts. Original language: English Sandra Prunella Mason (Barbados) Chairperson, United Nations Committee on the Rights of the Child. She received her legal education at Sir Hugh Wooding Law School. First a private practice lawyer, she became a judge in 1978 and from then until 1992 was in charge of Barbados' Juvenile and Family Courts. She was Barbados' Ambassador to Venezuela, Chile, Colombia and Brazil from 1993 to 1994. She was appointed Chief Magistrate of Barbados in 1995 and Registrar of the Barbados Supreme Court in 1997. She has been a member of the UN Committee on the Rights of the Child from its inception in 1991, its Vice Chairperson 1993–95 and Chairperson since 1997.     

A Minority within a Minority? Social Justice for Traveller and Roma Children in ECEC

This article discusses recent policy developments in Europe regarding Roma and Traveller integration and Early Childhood Provision. After a long history of oppression, Roma issues have recently become prominent on the EU policy agenda. The article discusses how these relate to developments in other areas of policy: the European children's rights agenda and the recognition that early childhood education and care is a key policy tool to combat social exclusion. It gives background information on Roma and Travellers in Europe and discusses the consequences of subsuming the various communities under one umbrella term: Roma. The EU Commission is concerned with responses from Member States to the European Framework for National Roma Integration Strategies. The article argues that in order to address Roma children's experience from a holistic perspective, social justice and equality need to be key elements of early childhood education and care provision and training. The European policy developments that frame the article are examined from a local vantage point: the experiences of Traveller and Roma children in Ireland and the Irish Preschool Education Initiative for Children from Minority Communities.