every child doesn't have rights & other children's rights issues

the University of choice

Every Child Doesn't Have Rights & Other Children's Rights Issues

David StonehouseSenior LecturerTel: 01695 657003E-mail: [email protected]

mailto:[email protected]


What Rights Do You Have?

List the rights you have as an adult. Prioritise the rights you have listed Would other people identify & prioritise their

rights differently Do children have the same rights as you? Do we, as a nation, promote the rights of

children? Do children have a high profile within our

society?


Not All Rights Are Of The Same Order

Natural – Right to life Universal – UN Declaration on Human

Rights Time & Place – Due to living in a certain

country Welfare Rights – Legal benefits &

entitlements Political & Religious


National Children’s Bureau (1992)

3 Main Approaches to Children’s Rights Protectionist – sees the role of adults as

guardians & defenders of children. Liberationist – claim that children are an

oppressed minority group Pragmatism – tries to strike a balance

between the two.


What View Does The Government Take?

National Committee of Inquiry into Prevention of Child Abuse 1994-96 “Childhood Matters.”

identified that Universal provisions are failing to protect

children. Systems in themselves abusive to children High prevalence of poverty & deprivation. High tolerance of abuse in our society & this

helps to facilitate conditions which lead to abuse.


CHILDREN ACT 1989


Children Act 1989 Strongly influenced by the outcome of

the Cleveland Inquiry. Replaced a mass of complicated and

inconsistent legislation. Regarded as a major piece of reforming

legislation for children and young people.


Public and Private Law Private Law. Covers private disputes

about children e.g;- living arrangements following divorce, paternity issues and child maintenance.

Public Law. Covers intervention by local authorities e.g.;- compulsory intervention by social services and voluntary provision of services and the regulation of substitute care (fostering and child minding etc.)


Main Principles of the Children Act 1989.

The welfare of the child is paramount. Parental Responsibility-

physical,emotional and moral welfare. Partnership- working together. Participation- take into consideration

children’s wishes and feelings. Protection- from serious harm, s.47. Provision- of services, s.17.


Welfare Principle. Child’s welfare is paramount. Courts should pay regard to:- -Wishes and feelings of the child. -Physical, educational and emotional

needs. -Likely effect of any change in

circumstances. -Age, sex, cultural and linguistic

background.


Welfare Principle - Harm suffered, or at risk of suffering. - Capability of parents and any other

person in meeting the child’s needs. A range of powers are available to the

court. The court should only make an order if it

is in the child’s best interests.


Who has Parental Responsibility? Child’s mother Where a child’s natural mother and natural father were

married to each other at the time of his/her birth. A father not married to the mother does not have PR. He

can acquire it- births registered after 1st December 2003 if fathers name appears on birth certificate as the father- re-register the birth to include fathers name as the father.- marry the mother of the child.

■ Adoptive parents, from the date of adoption. Parents cease to have responsibility

■ Those with a residence order. Parents retain responsibility■ A Local Authority. Parents do not lose responsibility■ Guardian – parents can appoint before death, or court

after.


Partnership Families matter Wide definition of family, the Act

recognises the part played by significant others e.g. extended families, foster families.

Rights that parents have flow from their duties toward their children.


Successful Features of Partnership.

Recognise unequal power between professionals and families.

Shared commitment to negotiation on how to safeguard children’s welfare.

Mutual respect for viewpoints. Recognise and address parents needs. Good communication skills and

establishment of trust.


Protecting children. Children have a right not to be

mistreated and adults are in a position to act as advocates to prevent mistreatment continuing.

Abuse of any sort can cause long-term effects both for the child and others.

Tackling abuse could be one of the most productive things we do to protect future generations from abuse.


S.47 Children Act 1989 Where a child is suspected to be suffering, or is

likely to suffer significant harm Section 47 enquiries are undertaken.

All reasonable attempts must be made to gain the co-operation of parents.

Without co-operation there are a variety of legal powers available to protect children e.g.EPO

The authority must make such enquiries as are necessary to decide on required action, advocates multi-agency consultation.


S. 17 Children Act 1989 Duty to safeguard and promote the

welfare of children in need which includes providing support and services for their families.

The effectiveness with which a child’s needs are assessed will be key to the effectiveness of subsequent actions and services, and ultimately to the outcomes for the child.


CHILDREN ACT 2004


Driving Force For Children Act 2004

2003 Green Paper Every Child Matters recognised the need for the government to bring about radical changes in the whole system of children’s services.

Every Child Matters sets out an agenda for change to be led by Local Authorities and now The Children Act 2004 strengthens this through statute law.


Children Act 2004 Provides a legislative framework for

improving children’s lives Covers universal services which children

access. Encourage integrated planning,

commissioning & delivery of services for children.

Gives Local Authorities the lead role to bring together local partners


Five Key Outcomes Recognised

Be healthy Stay Safe Enjoy & Achieve Make a Positive Contribution Achieve Economic well-Being

The Children Act 2004 Gives Legal Force To These Outcomes


The UK Children’s Commissioners

■ Maggie Atkinson – England■ Tam Baillie – Scotland■ Patricia Lewsley-Mooney – Northern

Ireland■ Keith Towler – Wales

Champion Children’s Needs9th June 2008 Presented paper “UK Children’s

Commissioners’ Report to the UN Committee on the Rights of the Child.”


UK Children’s Commissioners’ Report to the UN Committee on the Rights of the Child. 9th June 2008

■ 12.4 million Children 0-19 yrs in England■ 3.1 million children living in poverty.■ 1 million children living in poor housing.■ Child mental health has deteriorated over the last

30 years.■ Obesity in children has risen by almost 50% in

the last ten years.■ High numbers of children are locked up,

compared to other EU countries.■ Children feel increasingly pressurised by school,

exams & commercial marketing.

(Aynsley-Green, 2008)


U.N. CONVENTION ON THE RIGHTS OF THE

CHILD 1989


UNICEFUnited Nations Children's Fund

United Nations International Children's Emergency Fund

UNICEF’s mission is to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full

potential.


U.N. Convention on the Rights of the Child 1989

Reports of grave injustices suffered by children: high infant mortality, deficient health care, limited opportunities for basic education. There was also alarming accounts of children being abused & exploited as prostitutes or in harmful jobs, of children in prison or in other difficult circumstances, and of children as refugees and victims of armed conflict.



■ Ten Years in Consultation with a wide range of experts.

■ Adopted and opened for signatures, ratification and accession by the General Assembly of the United Nations on the 20th November 1989.

■ Came into force on the 2nd September 1990 after the minimum number of 20 countries had signed and ratified the convention.


U.N. Convention on the Rights of the Child

UK ratified the convention on the 16th December 1991.

Ratified by every country in the world except two.

Countries are held accountable to the international community

Non negotiable standards & obligations



■ Each country is required to submit reports to the “Committee on the Rights of the Child.” Independent body of experts.

■ 2 years after initial ratification and then every 5 years thereafter.

■ Stating how the articles and standards of the convention are being implemented and reporting on the status of children’s rights.


Four Core Principles of the Convention

1. Non-discrimination

2. Devotion to the best interests of the child

3. The right to life, survival and development

4. Respect for the views of the child


Children’s Rights Are Set Out In 54 Articles4 Categories of rights

1.Guiding Principles

2.Survival & Development Rights

3.Protection Rights

4.Participation Rights


Article 31

1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.


Article 31

Plowden (2010:6) states that having Article 31 “makes a clear statement that play is a right in children’s lives that is equal to any other.”

As Playworkers we must

Be advocates

Be Champions

Be Inclusive


Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.


Article 12

As playworkers we need to ensure that children and young people are consulted in all aspects of our play provision (Davy & Gallagher, 2006).

We need to make them active members in decision making (Cole-Hamilton, 2008).


make sure that it is not lip service only

and recognise and remove barriers


Article 13

1. States Parties shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.


Article 13


Allow children freedom to express themselves

Also provide information in a range of media

However, we must also be aware that freedom of expression of one child must not violate the rights of another, where for example discriminatory views are being voiced.

(Cole-Hamilton, 2008)


Article 23

1. States Parties recognise that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.


Article 23As Playworkers we must

Make our play provision as open and welcoming to all children

Is your provision accessible to all?

Can disabled children participate fully in the play experience?

As Plowden (2010:16) states “disabled children, or those with specific needs, often miss out on the opportunity to freely play in an environment where they feel safe to do so.”


Highlights Of The Convention Every child has the inherent right to life, and states

shall ensure to the maximum child survival & development

Every child has the right to a name and nationality from birth

Children shall not be separated from their parents, except by competent authorities for their well-being

Parents have the primary responsibility for a child’s upbringing, but states shall provide them with assistance & develop child-care institutions

Primary education should be free & compulsory.


Children Everywhere Without Discrimination Have

The Right To Survival To develop to their fullest potential To protection from harmful

influences, abuse & exploitation and To participate fully in family, cultural

& social life.

UK/Mozambique Statistics (UNICEF, 2008)


Under 5 Mortality rate

UK

1960 27

1990 10

2008 6

Under 5 Mortality Rank

158 out of 199

Mozambique

1960 313

1990 235

2008 138

Under 5 Mortality Rank

20 out of 199

Life Expectancy At Birth UK 2006 79

yrs

Mozambique 2006 42 yrs

Primary School Enrolment/Attendance

UK

2000-2006 99%

Mozambique

2000-2006 60%


ADVOCACY


Playwork Principles (Skills Active, 2004)

4.For playworkers, the play process takes precedence and playworkers act as advocates for play when engaging with adult led agendas.

“The role of the playworker is to champion the right of the child to play and question adult agendas.” (Conway, 2008:121)


Why advocate?

■ Children are sometimes hopeless because there is no hope, helpless because there is no help and compliant because there is no alternative. Powerlessness is the food they eat, the air they breathe and the beds they sleep in. (Kitzinger,1990:173)


Definition of Advocacy

■ Advocates are risk takers who challenge the status quo (Royea and Appl, 2009)

■ Child advocacy is any individual or cooperative action that strives to enrich the lives of children, including challenging injustices and promoting overall welfare (Pithouse and Crowley 2007).


Advocacy is speaking up for, or acting on behalf of, yourself or another

person. (Cambridgeshire County Council, 2008)

Advocacy


BibliographyAynsley-Green, A. (2008) UK Children’s Commissioners’ Report to the UNCommittee on the Rights of the Child.

Cambridge County Council (2008) What is Advocacy? http://www.cambridgeshire.gov.uk/NR/rdonlyres/319F70A9-C8D0-4AEB-81B1-D747E8959EC5/0/Whatisadvocacy.pdf (accessed 24th November 2011)

Cole-Hamilton, I. (2008) Children’s Rights and Play. In Brown, F. And Taylor,C. (eds) Foundations of Playwork. Berkshire: Open University Press.

Conway, M. (2008) ‘The Playwork Principles’ In: Brown, F. & Taylor, C. (eds) Foundations Of Playwork. Berkshire: Open University Press. pp. 119-122.

Davy, A. & Gallagher, J. (2006) New Playwork: Play And Care For Children 4– 16. Fourth Edition. London: Delmar Cengage Learning. Department For Education & Skills (2003) Every Child Matters, London: HMSO Department of Health (1989) The Children Act. London: HMSODepartment of Health (2004) The Children Act London: HMSO


BibliographyKitzinger, J. (1990) ‘Who Are You Kidding? Children, Power, and the Struggle against Sexual Abuse’, in A. James and A. Prout (eds) Constructing and Reconstructing Childhood: Contemporary Issues in the Sociological Study of Childhood, pp. 157–83. New York: The Falmer Press.

Pithouse, A.,Crowley, A. (2007). Adults rule? Children and Early Childhood Education Journal (2009) 37:89–91Plowden, L. (2010) ‘Article 31: A Playwork Perspective.’ Play Today. Winter (68) p 16.

Royea, A., Appl, A. (2009) Advocacy and complaints to social services. Children and Society, 21, 201–213

Skills Active (2004) Playwork Principles. http://www.skillsactive.com/playwork/principles (accessed 24 November 2011)UNICEF (2008) Information By Country www.unicef.org/infobycountry (Accessed on 9/11/10)