scholarly journals A children’s rights-based approach to involving children in decision making

2013 ◽  
Vol 12 (03) ◽  
pp. C02 ◽  
Author(s):  
Elizabeth Welty ◽  
Laura Lundy

Children’s issues have become a greater priority on political agendas since the UN General Assembly adopted the Convention on the Rights of the Child (UNCRC). Each government has agreed to ensure that all those working with and for children understand their duties in relation to upholding children’s rights including the obligation to involve children in decisions that affect them (Article 12). Respecting children’s views is not just a model of good pedagogical practice, but a legally binding obligation. However, there is a limited awareness of Article 12, and how to actualise it. While many people speak about the ‘voice of the child’ or ‘student voice’, these concepts do not capture the full extent of the provision. Lundy (2007) developed a model, which helps duty bearers involve children meaningfully in decision-making. According to this model four separate factors require consideration: Space, Voice, Audience, and Influence. In this paper, we provide an overview of these four factors and a summary of the main implications of the model.

Author(s):  
Roseanna Bourke ◽  
John O'Neill

Children’s conceptions and experiences of learning greatly influence how and what they learn. Traditional forms of schooling typically position learners at the periphery of decisions about their own learning. Curriculum, pedagogy, and assessment practices emphasize the attainment of system-mandated learning outcomes, and this emphasis predetermines much of what is deemed by adults to be important or worthwhile student learning. Children consequently come to view their school learning in fragmented, individualistic, and narrowly adult-defined and controlled ways. Many state schooling system settings permit only limited choice and decision making by children. However, the history of compulsory education also contains numerous instances of schoolchildren organizing and taking collective action against the wishes of adults on issues that are of concern to them; and of states, communities, and individual schools where radically different schooling approaches have been attempted, both inside and outside the publicly funded system. These “free,” “alternative,” or “democratic” schooling initiatives are part of long-standing “progressive” education counter-discourses that aim to demonstrate the benefits of child-centered and even child-determined schooling. Such initiatives have encountered both resistance and support in schooling systems and consequently offer useful lessons with regard to contemporary discourses around children’s rights and student voice, as well as their contribution to schooling system reform. In recent decades, the combined effects of the United Nations Convention on the Rights of the Child (UNCRC) and growing scholarly interest in “student voice” research and reform efforts in ordinary schools have increased expectations that children should have a meaningful say in their learning at school. The UNCRC underpins polity efforts to facilitate young people’s active participation in decision making in areas that affect them across the social agencies. Although contemporary “student voice” initiatives offer some promise for more of a “partnership” between adults and children in the ordinary school, they are often conceptualized and enacted at a superficial or tokenistic level. In continuing to position children simply as students who need the protection and direction of adults, schools fail to give adequate attention to the rich ways in which out-of-school learning contributes to a child’s holistic identity, to the learning strategies young people use in their day-to-day lives outside of compulsory schooling settings, and how these might help shape children’s agentic participation in meaningful decision making about what and how they learn while at school. A greater focus on the discursive processes of informal and everyday learning in family and community, and on the learning strengths or funds of knowledge children acquire in these settings, encourages the kinds of school and classroom conditions in which children and young people actively explore aspects of their world that interest them, experience agency in and commitment to their learning, and make choices about who they spend time with and what they prioritize in their learning. Informal learning affords young people the ability to naturally self-assess their learning and develop sophisticated understandings about what works for them and why. When young people actively engage with physical, technological, and social spaces, to advance their learning, they also learn to appreciate the utility of the tools and people around them. All these competencies or capabilities have relevance for what occurs in formal schooling settings also. Getting to know about the informal learning experiences of young people outside school influences the ways teachers think about who their learners are, learning as a phenomenon, and about the pedagogical repertoire they use to develop and enhance children’s capabilities. These pedagogical insights enable teachers to subtly or radically change their approaches to learning, the interactional framework of the classroom, and the teachers’ relations with families and with the local community that children negotiate each day.


2021 ◽  
Vol 29 (4) ◽  
pp. 835-871
Author(s):  
Nicola Fairhall ◽  
Kevin Woods

Abstract Children’s rights are set out in the United Nations Convention on the Rights of the Child. This systematic literature review aimed to investigate children’s views of children’s rights, at a broad level. Nine papers were included, from a range of countries and contexts. They all accessed the views of children and young people (aged up to 18 years). A content analysis was carried out using a recursive process of hybrid aggregative-configurative synthesis, and themes within children’s views and factors that may affect these were identified. These were ‘awareness of rights’, ‘value placed on (importance of) rights’, ‘impact of having/not having rights fulfilled’, ‘realisation and respect of rights’, ‘equality of rights’, ‘identifying and categorising of rights’, and ‘factors that may affect children’s views’. These were developed into a progression of rights realisation and implications for practice and further research were considered.


2020 ◽  
Vol 595 (8) ◽  
pp. 3-16
Author(s):  
Anna Górka-Strzałkowska

The issue of children’s rights is extensive and multi-threaded. Studies on this subject show different perspectives and views, referring to various areas of children’s functioning and development. The article presents the perspective of children’s rights in the activities of organizations, local governments, educational and culture institutions on the 30th anniversary of the adoption of the Convention on the Rights of the Child. The Declaration of the Rights of the Child was created, adopted on November 20, 1959 by the United Nations General Assembly, which developed the scope of children’s rights. However, it still had no legal value. It was only the Convention on the Rights of the Child, established on the initiative of Poland on November 20, 1989, that became a global constitution protecting children all over the world. The events related to the 30th anniversary of the adoption of the Convention became the culmination of the contemporary activities undertaken to mobilize the entire society to fight for children’s rights. These initiatives enabled the presentation of positions and views on the issue of the child. In a broad sense, they allowed the possibility of implementing program changes to improve the situation of children not only in Poland, but also in the world.


2014 ◽  
Vol 22 (1) ◽  
pp. 205-225 ◽  
Author(s):  
Suzanne Egan

The un General Assembly has recently adopted a third Optional Protocol to the crc, providing for an individual complaint mechanism for children. The product of a sustained campaign on the part of ngos and children’s rights advocates, the Protocol achieves a certain parity of esteem for children vis-à-vis complainants under other core un human rights instruments by enabling them to make complaints specifically with respect to rights guaranteed by the Convention and its two substantive protocols. This article examines the terms of this new procedure in the light of its drafting history and explains why the resulting text has in many respects disappointed in terms of delivering a much-hoped for “child-friendly” complaint mechanism for children.


2021 ◽  
Vol 29 (3) ◽  
pp. 701-730
Author(s):  
Virve Toivonen ◽  
Jatta Muhonen ◽  
Laura Kalliomaa-Puha ◽  
Katre Luhamaa ◽  
Judit Strömpl

Abstract A child’s right to participate is one of the general principles of the Convention on the Rights of the Child (crc). It is an integral part of a child’s right to have his/her best interest taken into account as a primary consideration. Therefore, it is indispensable in the decision-making connected with child welfare removals, the effects of which on the child’s life are long lasting and profound. In this article we examine the perceptions and practices of child-welfare professionals in the context of children’s rights, especially participation rights, in two neighbouring countries: Finland and Estonia. The findings are based on a survey and suggest that in the context of children’s rights, legislation also has its role in making children’s rights a reality, both as a prerequisite for reform as well as in shaping attitudes. However, legal regulation is not enough – full realisation also reguires more information, education and resources.


2018 ◽  
pp. 229-236
Author(s):  
Rachana Raval ◽  
Bhavesh Bharad

It was not until the late nineteenth century that a nascent children‘s rights protection movement countered the widely held view that children were mainly quasi property and economic assets. In the United States, the progressive movement challenged courts reluctance to interfere in family matters, promoted broad child welfare reforms and was successful in having laws passed to regulate child labor and provide for compulsory education. It also raised awareness of children‘s issues and established a juvenile court system. Another push for children‘s rights occurred in the 1960s and 1970s, when children were viewed by some advocates as victims of discrimination or as an oppressed group. In the international context, ―the growth of children‘s rights in international and transnational law has been identified as a striking change in the post-war legal landscape. 1 Children are a ―supremely important nation and international asset of the future well-being of the world depends on how the children grow & develop. United Nations adopted a resolution which proclaimed 1979 as an international year of the child. In consequence of this proclamation, In 1979, the Government of Polland submitted a draft on the rights of child for adoption by U.N. General Assembly as a lasting memorial year of the child after revised version & a decade campaigning, the UN General Assembly adopted the convention on the rights of the child on November 20 1989 and ratified by 135 nations including India.


2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Marleena Mustola ◽  
Eija Sevón ◽  
Maarit Alasuutari

As the United Nations Convention on the Rights of the Child (UNCRC) celebrates its thirtieth anniversary,it is relevant to explore how understandings of children’s rights have appeared duringthese three decades. As a key public actor in society, the media provides an interesting field inwhich to study the salience of children’s rights in societal and public discussions. Thus, in this article,we examine how children’s views are represented in «Helsingin Sanomat», the main nationalnewspaper of Finland, in 1997, 2007, and 2017. This examination is based on articles 12 and 13of the UNCRC, where it is stated that children have the right to express themselves in all mattersaffecting them. The data collection for this article was based on a systematic random samplingmethod of these issues in the years mentioned above, and a systematic content analysis was alsoapplied. The results show that, somewhat surprisingly, in 2017, less than a third of news storiesconcerning childhood and children reported children’s views on the matter, while in 2007, almosthalf of news stories reported on children’s views. Based on the data, it appears that macro-levelissues remained within adults’ sphere of discussion during these years.


PLoS ONE ◽  
2021 ◽  
Vol 16 (12) ◽  
pp. e0260975
Author(s):  
Deirdre O’Connor ◽  
Helen Lynch ◽  
Bryan Boyle

Background According to Article 12 of the United Nations Convention on the Rights of the Child, therapists are duty-bound to include children in decisions that impact them. Although occupational therapists champion client-centred, collaborative practice, there remains a paucity of studies detailing children’s rights and experiences of decision-making in pediatric occupational therapy. Purpose This qualitative study described the decision-making experiences of children, parents and therapists in occupational therapy. Methods Semi-structured interviews were conducted with 17 participants (six children, five parents and six occupational therapists), and data analysed using thematic analysis. Findings Three themes emerged: 1) Goal-setting experiences; 2) Adults: child-rights gatekeepers or defenders? and 3) Decision-making in context. Findings suggest that decision-making is mostly adult directed, and children’s voices are subsumed by adult-led services, priorities, and agendas. Implications Children’s rights need to be embedded as an aspect of best practice in providing services that are child-centred in occupational therapy practices and education.


2019 ◽  
Vol 46 (3) ◽  
pp. 7-15
Author(s):  
Małgorzata Turczyk ◽  
Justyna Kusztal

This article is an attempt to specify the meanings of a child’s category, childhood and the best interest of the child made on the basis of analysis and interpretation of pedagogical thought of Janusz Korczak and literature analysis. The interpretations and references to Korczak’s thoughts have been there included. The research project were based on document content analysis. Korczak – the figure undoubtedly the foreground in Polish pedagogy and the world doctrine of children’s rights. It is his pedagogical practice and contemporary reception of his thoughts, made by educators and lawyers, that will become the basis for seeking the meanings of categories on which the modern doctrine of children’s rights and the system of their protection are built. As a result: the principle of the best interest of the child as a determinant of the pedagogical practice of Janusz Korczak has been normalized in the Convention on the Rights of the Child and other acts of Polish and international law. This category is interpreted dynamically in the context of changes in the discourses of a child and childhood functioning in social and political life, especially in the area of education and upbringing of the young generation. As a pedagogical category, it is visible in the reflection of many pedagogues as a central category, most often identified with the goal of all adult activities for the child.


2018 ◽  
Vol 26 (1) ◽  
pp. 16-37 ◽  
Author(s):  
Priscilla Alderson

Article 12 with its concern to give “due weight” to children’s views involves potential contradictions between human rights to self-determination and children’s rights. A set of conditions in Article 12 turns rights into highly qualified permissions that can transfer agency and control from children onto adults. These are further complicated by reports by the un Committee on the Rights of the Child and others that position children’s best interests against their expressed views, and by contrasting standards set by national laws and guidance. Theories about children’s rights in medical law differ from actual practice in reported cases, which are influenced by long-standing theories about childhood in philosophy and psychology that disregard realities in children’s lives. Barriers to due respect for children’s views in medical law and practice that need to be addressed are summarised.


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