What Are Children’s Rights And To What Extent Are They Upheld?

The primary focus of this assignment will be based around the United Nations Convention on the Rights of the Child (UNCRC) which is an approved Human Rights agreement and this treaty came into power in the UK in 1992. The worldwide agreement was proposed by the delegates from Poland to the General Assembly of the United Nations who suggested that there should be a worldwide settlement to ensure children’s rights are protected, in which eighty nations took part in (Thomas, 2011). There were discussions and debates over how to create a document that would reflect different cultures, beliefs and have an impact on the rights of children. This assignment will highlight the rights in schools by presenting key discussions along with tensions that may surround within the UNCRC. Moreover, this essay will reflect some thoughts into Article 12 which is one of the main participation rights in the convention. Article 12 declares that ‘parties shall ensure to the child who is capable of developing his or her own views the right to express their opinions without restrictions in matters concerning the child’, (UN General Assembly, 1989). The assignment will evaluate children’s rights and to what extent these rights are being upheld in schools. The argument will illustrate that even though children’s rights are being valued and taken into consideration at schools, research indicates that improvements needs to be achieved with the aim to respect children’s participation rights.

The UNCRC comprises of 54 articles which 41 of these articles recognizes the rights that children have. The Convention is divided conceptually which covers the ‘3 Ps’; provision, protection and participation (Alderson and John, 2008). These link into the four key principles which are classified as frameworks that schools use as guidelines and implement into practice to set out security for children. Provision are the rights to services and resources which children are entitled to as it is necessary to ensure that their survival and growth are to their maximum ability; for example, health care (Article 24) and education (Article 28). Protection is to ensure children are protected from abuse or exploitation that could jeopardize their dignity, survival or development, such as, protection in the best interests of the child (Article 3), protection from cruelty and mistreatment (Article 19) (Franklin 1986). Furthermore, participation recognises children as individuals who are in control of their own lives which applies throughout their life. For instance, the right to have a voice and to be heard (Article 12) and freedom of expression (Article 13).Therefore, schools must allow students to participate; they should be involved in decision making which could impact them and be able to express their opinions, and feelings in situations that concern them (Welch, 2008). Different rights are provided throughout the UNCRC, for example, Welfare rights which are rights that are given and protected. There are Civil and Freedom rights which are rights to have autonomy, allowing children to have a say in matters that affect as well as influences them (Welch, 2008).

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Children are socially constructed by society and they can be seen in different ways. Jones and Welch (2010) identified several perceptions of children. For instance, children can be perceived as dependent, vulnerable, and powerless, implying that they can be easily defined and influenced by society. Subsequently, because children are labelled as weak, they are expected to lack adult competences such as, adult like skills and capabilities. Jones and Welch (2010) found that the adult for a child holding these traits should be capable and resilient enough to make choices for the child since the child is lacking. So, in these circumstances’ children require welfare rights in order to survive.

Additionally, individuals see children as actively being capable of shaping their own lives. Childhood is a product of society and children can change their own lives as well as those around them. Ideas regarding children and childhood shape how we treat children and feed into our perspectives on rights, recognising children as competent social actors and agents (CPAG 2018). Research reveals that some groups of children may be at risk of having their rights undermined at schools which is upholding article 12. For example, children in poverty can face adverse experiences at school including bullying, feeling like they don’t belong, leading to poor results. Cooper et al (2017) found that children from higher class background have an easier upbringing as their parents have access to facilities to help their child with their education by preparing them for school such as, purchasing textbooks and school uniforms. They can afford to pay for trips which gives children opportunities to participate in order to broaden their knowledge further, thus, explaining that children from lower backgrounds are unable to afford certain facilities, such as schools trips. In addition, a survey was carried out by the Child Poverty Action Group (2018) who found that ‘87% of respondents think that living in poverty affects the learning of students’, implying poverty leads to poor performances at school. Moreover, (Cooper et al, 2017) suggests that children actively live their lives amidst because they want to protect their parents as they understand that poverty impacts on the family life, so they may not ask their parents for money to go on a school trip.

Children with disabilities are at risk of having their rights undermined, for example, children with learning and communication disabilities are unable to have their voices heard or understood (Potter and Whitaker, 2011). Therefore, schools could give these children space for communication which is rights to freedom of expression to make choices and have a voice. A potential barrier to participation is lack of staff training which could undermine a child’s right (Stonewall, 2017), meaning schools are institutions where teachers have authority and power over students (Mayall, 2002). Many children find schools oppressive places as they have limited autonomy because research highlights how the physical design of schools can be used to regulate and control children. Pike (2008) shows that schools have a vital role to play in monitoring children’s manners, food intake and opportunities for social interaction. Similarly, a study with 133 primary school children, their teachers and head teachers in Ireland showed how seating plan in classrooms prevented children from socialising with friends (Devine’s, 2002), conveying that children’s choices and wishes are not being considered when making decisions and this goes against Article 12.

Similarity, research by Bacon and O’Riordan (forthcoming) shows children’s experiences in schools. The research reveals that Article 12 is being upheld to a certain extent as it recognizes that schools take children’s views and opinions in consideration by running and setting up school councils. In this way school council allows children’s voices and opinions to be expressed because children who get selected can speak for peer’s on matters regarding them and school, meaning they have a say as to how schools should be ran. However, school council meetings raise concerns as they are nothing to do with teaching nor learning, meaning school councils are limited in their effectiveness. This suggests that teachers are focusing on the aspects that they want to cover, which contradicts the idea of giving children a voice. Consequently, the process of being elected for school council can be biased because not everyone is given the opportunity, for example, shy students. This raises a point that children who are confident have more opportunities such as, being elected for school council. Whereas, children who come across as shy may not be selected for this role, meaning, they have less opportunities for their voice to be heard. Hence, creating a divide between children and their voices.

There are some groups in society who are likely to experience discrimination in schools which could stop them from participating. For example, the LGBT communities, as research shows that the LGBT groups experience discrimination in schools. Although the LGBT communities has grown through the years, they are still not accepted by society. For example, a report from Stonewall (2017) presents that ‘86 per cent of students frequently hear expressions such as ‘that’s gay’ or ‘you’re gay’ in schools.’ Thence, suggesting that children are being overlooked and not being heard as they are unable to express their identity. Furthermore, the convention declares that bullying is inappropriate and intolerable but there are still not effective barriers to prevent it from happening.

Children’s agency is placed in the hands of adults as some of the articles make judgement about children’s abilities, maturity and their best interests (Welch 2008). Article 12 raises some questions because this right applies to children who are considered ‘capable’. For example, how can an individual be sure whether a child is “capable”? This right is making a clear link between age and maturity but what is maturity and how do we know if someone is mature enough to have their own opinion. Individuals view maturity in different ways which suggests that is not possible to access maturity, so, “maturity” and “capable” can be considered as ambiguous words. This acts as a barrier as the idea around maturity and age is preventing children from having a say and voicing their opinions. Lansdown (2005), examines case studies of rights and respecting practice in schools. She states that teachers need to acknowledge children as active learners and should ask if they want change, so their views feel valued. There are potential conflicts which could arise due to adults being in power as it makes us question, why are adults making decisions for children? who decides what’s best for children? Also, when are children mature and capable enough to have their opinions respected? Do adults know best? This raises concerns because adults have created this convention.

One of the major barriers which is preventing children from participating in schools is adult power. Even though schools have different procedures for children's voices to be heard such as, setting up school councils or head boy and head girl, these systems are not being complied efficiently as teachers still have self-control over children in terms of the rules they set. For example, why are children unable to have a say in the rules being made for them since they are ones having to comply with them? This implies that children are seen as a minority due to the fact that adults have power over children and children act as the dependents who have to obey adult power as they hold fewer rights and lower social status (Mayall, 2002). Hence, to overcome this, schoolteachers should involve children in having a say when making new rules. Childhood Studies and Education Studies research provides insight into children’s experiences of school, (Franklin 1986). This tells us that although there are some good sides to schools, schools can be alienating and oppressive which further perpetuate social inequality as decisions are being made for children without having their opinions and voices taken into consideration (Bacon et al, forthcoming).

Tensions occur within the convention as there could be conflicts among protection and provision. This is because welfare rights push children to be passive, nevertheless, liberty rights encourage children to be active and contribute to society. This raises questions such as: are these rights constructed due to various perceptions of children? Could “best interests” be used to overrule children's opinions? This signifies that the convention is not as precise as it is made out to be. There are possible conflicts between rights between parents and children and welfare and participation. Agency is a human action that has the ability of changing social life. Children have a part to play in shaping the lives of those around them. However, it is likely for an individual's agency to be ‘thickened’ or ‘thinned’ over time and space and throughout their relationships (Klocker, 2007). Thus, seeing children as people with agency challenges us to think of them as people who can make their own choices and take initiative rather than just being passively affected by issues. Criticisms that surround the UNCRC is that it does not consider the cultural differences as it reflects Western, rich countries about the views on childhood. Reynaert (2009) argues that children’s human rights research is characterised by a lack of analysis and theoretic challenge.

In conclusion, this assignment has explored that the convention is a weak legalization and it is not concise enough, despite it being ratified by other countries. The language presented within the convention can be seen as vague and uncertain as individuals can interpret various aspects of the convention in different ways. For example, “best interest of the child” what does this mean? Likewise, how is it possible to assess what is “best” for a child (Freeman, 2009). It is evident that schools are the agency as children are not given much choices and rights, due to the restrictions and guidelines which impact their overall performance. Moreover, Children’s rights are not being upheld as effectively in certain situations in schools because the opinions and ideas of children are still being overlooked, consequently, the core factor causing this restriction is adult power, which is a barrier for children’s participation. To overcome this, school's responsibility is to take laws in consideration and follow the regulations of the convention for children’s right to participation to be upheld.

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