Challenges
of children `s “participation”: A Case Study of active citizenship in Cadle Primary School Gerli Orumaa – 6629749th
of May 2014Word
Count: 8,800`Submitted
in partial fulfilment of the requirements for the degree of B.A.
International Relations `
Table
of Contents
Abstract
3
Introduction 4
Chapter 1:
Citizenship,
Children`s Rights and Participation: from the UN to the UK 6
Chapter
2: Citizenship Education in Wales ………………………………………………14
Active
Citizenship in Cadle Primary School: A Case Study 20
Conclusion 29
Bibliography 32
Appendices
Appendix 1: The
United
Convention of the Rights of the
Child Appendix
2:
Interview with
Jamie Richards , the Head
Teacher of Cadle Primary
School
Abstract:Children
inherently have had a
rather tenuous
relationship with citizenship.
Similarly to how
women were
once viewed, children have not been
considered as
subjects of rights due to their
perceived incompetence
and irrationality. Currently, children are not considered as being
rational and capable of exercising responsibility
until the age of
majority , the age of 18.
However , the adoption of the U.N Convention
of the Rights of the Child (UNCRC) in 1989
granted for the
first time
the recognition for children as worthy individuals with rights of
their own. The UNCRC
laid the foundation for the potential
re-evaluation of our
traditional understanding of childhood and the
perception of children as primarily objects of the
adult world.
Since , then the UNCRC has attracted significant scholarly
interest from various disciplines and as
such a high degree of research has
been published in this area
already . The increasing sociological
interest in children in
particular that has
provided a new
perspective
around the
idea of children as competent
social actors has provoked a great
controversy and confusion as it challenges the
image of the incompetent child which is overwhelmingly prevalent in
the
Western society. The
purpose of this dissertation is to
critically explore this hotly debated tension
between these two
conflicting salient features that have often prevented the
recognition of children as active citizens, entitled to
respect and
participation. With a particular interest in Wales, the
following research
project analyses the
development of children`s active
participation
both in the
Welsh Government and the
County and
Council of Swansea as they both have regarded the UNCRC on the
basis of all
its
activity . Finally, the Cadle Primary School in Swansea has been
used as a case study to investigate the potential
change in attitudes
in children after the school placed the UNCRC at the
heart of its
ethos and
curriculum across all
areas of the school. The primary
goal is to critically
analyse the
commitment of the Cadle towards children`s participation
within school and explore the possible spaces created for children
that
allow them to actively
engage with meaningful discussions on the
matters that
concern them
.
IntroductionChildren
have `somewhat tenuous relationship to citizenship` as a number of
authors interested in children`s citizenship have noted.1
Historically, they have not been considered as subjects of rights,
but rather as objects of social concern or citizens-in-
making .
Children have been perceived as objects of investments in the future,
and thereupon recognised as `productive
economic subjects` who will
be carrying out vital tasks for the society and their
families `.2
Similarly to how women were once viewed, children have been
seen as
irrational, emotional and incompetent and
therefore are often
excluded from the citizenship
status . However, the adoption of the
U.N Convention of the Rights of the Child (UNCRC) in 1989 was the
initial legally binding law that for the first time, granted children
the recognition as worthy individuals with rights of their own.3
The UNCRC has been considered as one of the most innovative
international treaties ever ratified. It
laid the foundation for the potential change of
attitude and
perception
of children as primarily objects of the adult world.
The
recognition of children by the UNCRC as respected individuals with
rights of their own has
given impetus to a significant
field of
academic study. Since then,
there has been increasing sociological
interest in children which has provided a new perspective around the
idea of children
as social actors, and that childhood is not a natural
phenomenon but
a social construct.
4
It is now recognised that childhood is a
culturally constructed
phenomenon arising from human interaction.5
However,
the new
knowledge of children as competent social actors has provoked a great
controversy as it challenges the image of the incompetent child which
is overwhelmingly
prevalent in the Western society. It has generated a great confusion
`about
what
role young people
below the age of majority should play in
community and
political life`.6
On
the one
hand , there is a
growing recognition with
respect to children`s participation in society. On the
other hand,
children are seen as
welfare dependants, needy for care and
protection of adults. The
goal of this dissertation is to critically explore this hotly debated
tension between these two conflicting salient features that have
often prevented the recognition of children as active citizens,
entitled to respect and participation. With a particular interest in
Wales, the following research project analyses the development of
children`s active participation both in the Welsh Government and the
County and Council of Swansea. Both the
local and national
authority has regarded the UNCRC on the basis of all its activity. One of the
primary goals in both authorities is to
work towards the adoption of
the UNCRC in every school in Wales and Swansea as they recognise the
positive impact rights
based education may have
upon young people`s emotional, social and academic development.
The
central
theme of this dissertation rests on the commitment of the Cadle
Primary School towards children`s right to participation as
underpinned in the Article 12 of the UNCRC.
The
Cadle Primary School is one of the first
schools in Swansea to adopt
the UNCRC
through the Rights Respecting School
programme (RRSA).
The RRSA school initiative is
developed by the
UNICEF UK, which
encourages the schools to
place the UNCRC `at
the heart of its ethos and curriculum
across all areas of the school`.7
Thereupon,
the primary goal is to critically explore the
spaces the Cadle has created for children that allow them to actively
to engage with meaningful discussions on the matters that concern
them.The Cadle Primary School was chosen for this study mainly due to
the growing interest of the
author towards citizenship education
after recognizing a great change in her children`s personal and
social development within Cadle Primary School. In the
context of
this research, the scholarly work on children`s rights was
almost extraordinary. Over the last twenty
years , the children`s rights have
attracted
scholarly work from various disciplines ranging
from law,
philosophy to education and
politics . However, due to the
time and
space constructs, a
total of 60 academic
articles ,
books ,
primary and secondary
material was chosen.
Moreover , in
order to
gain the greater knowledge around the challenges of children`s active
participation within the Cadle Primary School, the interview was
conducted with head teacher of Jamie Richards. In relation to
interview, the author
takes the
full responsibility for the possible
misinterpretation of the interview with Jamie Richards. Moreover, the
following research project is not intending to be wholly
representative of children`s participation in Wales and in Swansea in
particular.
Before presenting the research findings from the Cadle
Primary School, it is
important to explore the developments of
children`s rights after the adoption of the UNCRC in UK and Wales and
the academic
discourse and debate around the children`s rights and
participation rights in particular.
Chapter
1: Citizenship, Children`s Rights and Participation: from the UN to
the UKThe
adoption of the United Nations Convention on the Rights of the Child
(UNCRC) in 1989 followed by the unanimous ratification of the
Convention by many countries (except the US and Somalia) represented
a significant shift in the status of children in society. The UNCRC
is the first legally binding law under International Law that has
granted children with the recognition as respected individuals with
rights of their own.8
The UNCRC
states that all children regardless of their `
race ,
colour ,
sex,
language ,
religion , political or other opinion, national,
ethnic or social
origin (Article 2) are entitled to the set of `economic,
social,
cultural ,
civil and political rights (Article 4)`.9
The Convention provides a
framework stating that children not only
have the right to be cared for, provided for and
protected but also
have the right to participate in the matters that
affect their
daily lives (Article 12).10
The Article 12 states that;
`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…For this purpose,
the child shall in particular be provided the opportunity to be heard
in any judicial and administrative proceedings affecting the child,
either directly, or through a representative or an appropriate body ,
in a manner consistent with the procedural rules of national law`11
The
Convention recognises children as active
members of society who have
the capability to
provide a
valuable contribution to their `family,
community and society from the first years of their life`.12
The UNCRC has had an unprecedented
support in almost every
country in
the world which has made the Convention the most comprehensively
agreed treaty ever ratified in the world.13
However,
while the `
provision rights` and `protection rights` have
found consentient
recognition in drafting welfare policies aiming to
protect children
against all
forms of discrimination or punishment, the participation
rights have been considered
greatly controversial14.
The United Kingdom (UK) for
instance (who ratified the UNCRC in
December 1991) was immediately faced with
strong criticism from the
UN
Committee on the Rights of the Child after producing their first
required report (1995) about the progress around implementation.15
The
UN Committee concluded that there has been a
lack of progress in
terms of implementing Article 12.16
The Committee expressed its concern over the insufficient
attention provided to the right of the child to express his/her opinion and
have these views given due weight in education, law and
policy . The
Committee suggested that the
establishment of
further mechanisms by
the State
party are required `to facilitate the participation of
children in
decisions affecting them,
including within the family and
the community`.17
Furthermore , in regards to education the Committee recommended that
schools should
encourage and facilitate children`s right to
participate in matters of concern to them and suggested that `the
State party
consider the possibility of introducing education about
the Convention on the Rights of the Child into school curricula`.18
Moreover, the Committee recommended that the teacher training
curriculum should `
incorporate education about the Convention on the
Rights of the Child.
It recommended that teaching methods should be inspired by and
reflect the
spirit and philosophy of the Convention…`.19
However,
the criticism by the UN Committee was met with an outrage by the UK
government and media as there was a strong
belief that the UK is one
of the
leading countries in the protection of children.20
There was the sentiment of unjust accusation given to the
poor record
of respecting children in many other countries. The `protectionist`
approach towards children trenchantly illustrates the
fact that the
nature of the Convention and its purpose was
clearly underestimated
by the UK.21
Gerison Lansdown argues that the UK commodiously failed to place
emphasis on respecting children`s right to express a view in all
matters of concern and have these views taken seriously in a variety
of social settings in which they
live their daily lives, like family
life and education. Instead the UK government placed the
importance only on the
legal requirement of courts and local authorities under the Children Act
1989 to ascertain children`s views and wishes when making decisions
about their welfare.22
Lansdown
cites that
providing children a
voice only in the point of
crisis like the breakdown of marriage or when placing the child into
the care of the local authority is not enough to adhere to Article
12. He
contends that
listening to children and
taking their views
into
account must be respected and taken seriously.23
Moreover,
the outrage to the explicit criticism also demonstrated that
children`s
rights are predominantly viewed with some hostility in the UK, where
Article 12 in particular has
created
considerable resentment as children are predominantly
stereotyped as being innocent/vulnerable or `aggressive,
demanding and badly behaving adolescents out of
control of their
parents and
teachers and lacking the willingness or
capacity to
accept the
responsibilities that should accompany with the granting of rights`.24
There
is a
clear tension
between the
commonly held assumptions of children on the one hand, as
welfare dependants, needy for protection and care of adults, and on
the other hand, as young citizens entitled to respect and
recognition, and the right to participate in the matters that affect
their daily lives25.
However, the very fact of how childhood is perceived within society
has a
profound impact upon whether children`s rights are upheld or
not. The commonly held assumption that relates children with
innocence and
vulnerability often `constructs
children out of society, mutes their voices, denies their personhood,
and
limits their potential`26.
Children
are not citizens in a constitutional
sense , they
cannot vote . They
are perceived as `presocial` actors `trapped in the state of becoming
rather
than being`.27
Thereupon,
children are not considered of being rational and capable of
exercising responsibility until the age of majority, the age of 18.28
There
is an imposition that granting children rights to participate in
decision making will overwhelm them with a great responsibility and
denies them an opportunity of childhood.29
It
is strongly believed that children should have the time for play and
innocence and henceforth `must be protected because they are children
and as children they lack competence and autonomy presumed by the
idea of a right.30
Moreover, rights also threaten the stability and
harmony of family
life in which too much
freedom of
choice in making decisions about
the matters that affect children is considered to be fatal to adult
authority. Laura Purdy`s argument greatly illustrates the
deep concern over the idea of losing control over children and failing to
meet their
basic needs if granting children rights. She is a fierce
opponent to the liberal education and proponent of child development.
She contends that children do not have equal status with adults as
they do not possess the virtues of rationality and capability of
making reasonable decisions about their lives.31
Purdy believes that `there are morally
relevant differences between
children and adults `in which irrationality is instrumental of
justifying
divergent treatment for children.32
Purdy believes that children are `unfinished beings who need a
period of development and teaching to become admirable human beings`.33
Purdy is convinced that by
giving children equal rights `they are
less likely to
develop virtues and self-control upon which they
depend . If children do not develop such virtues, they live less
satisfying lives and there seems
little hope of a better world`.34
Prudy concludes by arguing that only strict parental control combined
with warmth and affluence of meaningful adult models
enable children
to become competent social actors who have a clear understanding of
the `
meaning of
tolerance ,
cooperation , and compassion`.35
The
proponents of children`s rights on the other hand, strongly disagree
with the idea that children are morally incompetent and need time to
develop a clear moral understandings of right and
wrong .36
Over the past two decades, increasingly new kind of work and research
has been
done in
the sociology of childhood which `explores how children and young
people see the world, their
values and priorities and the
ways in
which they
feel themselves marginalized`37.
The
concept of childhood is now being
understood amongst the
scholarly work as a socially and culturally constructed phenomenon
which is not a `natural or
universal feature of human groups`38.
According to the new sociological knowledge, children are regarded as
people to be studied in their own right and not just as `receptacles
of adult teaching`39.
Children are now considered as social actors who have the capability
to
understand the
complexity of the world. Pricilla
Alderson
points out that the
recent studies into childhood have
demonstrated `that children are much more competent than was formerly
thought possible`40.
Children as young as nine for example have been regarded of
having a
degree of capability in comprehending political
issues and making
political decisions41.
Alderson postulates that young children have a strong interest
towards societal issues like environment and
poverty if these matters
are discussed in the classroom42.
She concedes that children have the competence of understanding
`general and partly-abstract issues, such as the politics of racism,
inequality and oppression` if these things are discussed with them43.
Besides, children as young as
five , have a very clear understanding
of `self and
others , language, physics, technology, morality and
arts `44.
Furthermore,
in contrast to Laura Purdy`s evaluation of children being morally
undeveloped,
Stephen Law proposes an
alternative argument based on
studies involving philosophy with children in several countries45.
He points out that children who were encouraged to think
independently, critically and reflective way and debate about
philosophical
questions reveal that these children developed number
of
skills like `revealing and questioning underlying assumption` and `taking
turns in a debate` and `listening actively
without interrupting`46.
Law presumes that these skills cultivate not only the level of
maturity in children `but a
fair degree of emotional maturity too`47.
The
turn -taking for example necessitates patience and self-control,
and `by
thinking critically and carefully about your own
beliefs and
attitudes, children are likely to develop insights to their own
character` (Law, 2006, p.35). Law strongly believes
learning about
philosophy
acts as an effective
tool in aiding emotional development
in children. Therefore, he suggests that the most efficacious way of
developing these skills in children is to acknowledge their social
agency and respect their equal worth with adults and proficiency to
understand the complexity of thought. Law concludes that the number
of studies have demonstrated that leaning about philosophical thought
is
good for children `academically, socially and emotionally` and
equips children with skills `we need new citizens to develop`48.
The
extensive research with children over the past two decades alongside
with the UNCRC have created the need to reconsider the commonly held
assumption of childhood
as
a `rehearsal for adult life, and
grant children the recognition and
respect their right and in their own terms`49.
There is thorough
evidence that `children
are capable to make decisions about important things that affect
their life` and in particular they are `capable in caring for
themselves and for others`50.
Jeremy Roche
for instance, points out that there is approximately fifty thousand
young carers under the age of 18
today whose job `is physically and
emotionally demanding`51.
However, in reality
the recognition of these children`s contribution in public discourse
has been rather inconsistent. The
serious responsibilities of these
children while providing the care for their family
member /members are
often underestimated and undervalued.52
The young carers are often excluded from the `discussions about the
provision of care and their
opinions are overlooked` despite the fact
that these young carers
pose `
fundamental challenges to the
conventional wisdom of understanding of the care, childhood,
dependency, citizenship and children`s rights`.53
The contribution of these children has disappeared as the idea of
children being incompetent and irrational is overwhelmingly prevalent
in the Western society.54
It
can be argued that there is considerable confusion
and national anxiety `about what role young people below the age of
majority should play in community and political life`.55
On the one hand, the gradual recognition of children as social actors
both at local and national levels has encouraged the policy makers
and the media to some extent to take more effective
measures in
providing the voices and representation of the most marginalized
minority in society. For example, the
children`s television news bulletin and
website of BBC
Newsround
which
is the only news programme for children in the UK, recognises
children as active and valuable citizens. Its reporters are producing
news
stories that aim to
`equip
children to handle their lives better by giving them the information
they need about the world around them.`56
With citizenship education in mind, the
Newsround
actively encourages children to critically engage with a wide array
of issues of public interest. Cynthia
Carter and
Stuart Allan in
their research of
Public
Service and the Market : A Case Study of the BBC Newsround Website
recognised that children have a strong interest in
events taking
place around them. The news stories of the US-led invasion to
Afghanistan and
Iraq War for example, attracted great concern around
the young audience to be more informed by the following news. Carter
and Allan
note that the
analysis of children`s comments around these
two conflicts demonstrated children`s increasing `political awareness
in a world transformed by ongoing crises of war and conflict`57.
In response to the
Newsround
query of
`How
has 11 September changed the world?` two
young teenagers acknowledged:
`It
really made me realise how bad life is for some people and it’s
made me pay more attention to what’s
going on in the world. It was
really, really terrible! (Susan, 13; posted 13 September 2002) It’s
made me watch the news more and
aware of what’s
happening in the
world. (Frankie, 13; posted 13 September 2002)`.58
On
the contrary, while
Newsround
actively
encourages children to develop the political knowledge and have their
voices heard, then the credibility of children and young people in
participating in the world of politics is greatly downplayed by the
rest of the media.59
Instead of recognising their political agency, the
media generally reinforces the
dominant model of childhood by
simultaneously
positioning children as victims of adult abuse (often young and/or
female children being killed, abducted or sexually abused) and as
dangerous /deviant children who
challenge the romantic outlook of
western childhood, and pose
credible
threat to adult`s authority and hegemonic
position .
Such an unfairly, denigrating portrayal of children however is
greatly undermining children`s opportunity to be taken seriously by
adults.
Their perceived intellectual
incompetency and irrationality frames the childhood as an a-political
arena of thought and
practice in which children are portrayed as
being
`unable
to articulate a set of coherent political views`.60
While on the one hand the
Newsround
news
stories of the Iraq War encouraged children to
discuss the war at
school and in school assemblies, the actual political participation
of children
during the
youth protests against the Iraq War in 2003
were being greatly downplayed by the media.61
These children were demonized by the
British media in which they were
portrayed
as deviant and out of control.62
The political voices of these school children remained absent in
media discourse as they challenged the very essence of the idea of western childhood in which the `political child` is seen as
“un-child” that provokes the held
expectations of children that
are socially constructed and
determined mainly by political
priorities.63
Chapter
2: Citizenship Education in WalesHowever,
in the midst of this paradox where the recognition of children as
active participants of society is clearly overshadowed by the
dominating notions of children as objects of social concern/control,
it is nevertheless important to recognise
that the gradual shift towards the enactment of rights agenda in
policy
formation in the UK should not be underestimated.64
The
major cultural change in the re-evaluation
of our traditional understanding of childhood does not
happen overnight.
The Welsh
Assembly Government for instance is the leading
nation in
the UK which regards children`s rights on the basis of all of its
activity. The introduction of The Rights of Children and Young
Persons (Wales) Measure in 2011, in particular, placed Wales as the
first country in the UK under a duty to have a `due regard to
children`s rights when Welsh Ministers
exercise any of their
functions `.65
Since the devolution and
the establishment of the National Assembly of Wales (1999), the Welsh
Government has taken a much more comprehensive approach to governance
compared with
England by placing
critical importance around the
rights of children and young people in policy making.66
The excessive number of key policies and
strategies developed
along with NGO`s,
local authorities, stakeholders and with children themselves after
the adoption of the UNCRC has been outstanding as there is a strong
belief within the Welsh Government that children
and childhood has always been `more than
preparation for adulthood`.67
The Welsh Government believes that children are a`
unique and valuable
part of life, and the
quality of those years is a
matter that should
concern us all`.68
The Welsh Government recognises children as right bearers where they
acknowledge that children and young people are young citizens, `with
rights and opinions to be taken into account now. They
are not a species apart, to be alternately demonised and
sentimentalised, nor trainee adults who do not yet have a full place
in society`.69
Thereupon,
the Welsh Government is determined to facilitate a cultural change
that promotes a greater understanding and increasing awareness of
children and young
peoples ` rights within society.
In
relation to the commitment to education which is based on the UNCRC
Articles of 12, 23,
28, 29, and 32, the number of successive efforts in advancing
children`s right to education on the basis of equal opportunities and
the
promotion of active participation in schools, have
been developed by the Welsh Government
and NGO`s.70
The
statutory requirement of school councils in Wales, the inclusion of
the UNCRC to
the Personal and Social Education (PSE) curriculum and the Rights
Respecting School initiative developed by the UNICEF UK,
are only a number of
initiatives taken by the Welsh Government and
NGO`s in respect of protecting children and young people`s rights.
The PSE curriculum provides children with the opportunity to
access their right to have their voices heard and participate in the matters
that affect them through the Active Citizenship element in this
framework. The Rights Respecting School programme which clearly fits
with the PSE framework is one of the first encouraging signs of
change which is
crucial to the
respectful recognition of children as
valuable citizens in their own right.71
The Welsh Government recognises the positive impact the Rights
Respecting School programme
could provide to the support of their
policy strategies developed in relation to the protection of children
and young people`s rights in Wales.72
The
successful steps taken towards the enactment of children`s rights
agenda in education by the Welsh Government is a recent phenomenon in
the UK however, this has generated controversy in citizenship
education debate. While the primary aim of the education for
citizenship is to
prepare good citizens, the controversy
lies in the
notion of what kind of citizenship education schools should promote
in liberal societies.73
Along with the respectable body of academic
literature in citizenship
education that addresses the questions of what types of skills and
values should children develop in the context of constantly
changing world (broadening globalisation and democracy combined with concerns
over the lack of civic and political engagement), the second equally
important question lies
weather citizenship programmes should
teach children as `citizens of today` or `
citizen in making`?74
Current citizenship education for schools in England for instance positions
children as
pre-citizens
who
are training for the citizenship in the future.
75
The Citizenship programme of study for England outlines that `a
high-quality citizenship education helps to provide
pupils with
knowledge, skills and understanding to prepare them to play a full
and active part in society at local,
national and international levels. It helps them to become informed,
thoughtful and
responsible citizens who are aware of their duties and
rights.`76
In this framework, children as Brian Howe and Katherine Covell state
are `educated for the roles and responsibilities that they will
assume as future citizens and as adult members of their society`.77
Audrey Osler and
Hugh Starkey note that in this respect the education
for citizenship largely fails to acknowledge the existing citizenship
rights of children and therefore places them as `threatening yet
politically apathetic`.78
They
argue that citizenship education programmes which are built upon
such `assumptions may, unintentionally, serve to alienate and
exclude `.79
Howe and Covell`s argument trenchantly support
Strakey and Olser`s claim where they argue that this concept to
citizenship that regards children as
citizens-in-making
fails
to `recognise the citizenship and rights-bearing status of children.
Rather it assumes children to be future citizens in need of
preparation. It fails to meet any of the specified goals of rights or
citizenship education to promote
democratic values or values and
citizenship engagement`.80
The
Welsh approach to the education for the citizenship in the PSE
curriculum on the other hand, does not only situate children as
future
citizens,
where they are encouraged to acquire skills and knowledge needed to
become active
citizens in local and
global contexts, but also
as mentioned, the Active
Citizenship element of the PSE
aims to engage learners as
active
citizens from the onset of their academic
journey .81
Pupils are encouraged to
lean that they are already valuable
citizens, where they are `members of communities, from local through
national to global` and that they can play ` a meaningful and active
part in them`.82
Along with the inclusive approach to children in governance since the
devolution settlement and the establishment of the Welsh Government,
there are a number of additional factors that determine the divergent
approach of the education for citizenship in the Welsh curriculum
compared to England. Firstly, Wales is historically, and is today,
home to a number of
different cultures and languages. The Welsh
Government believes that the divergence of the cultural
identity ,
values and language of these social groupings should be embraced as
it contributes `to the cultural richness of Wales`.83 Thereupon, the commitment to the
value of
diversity forms the very
idea of citizenship education for Wales.
Secondly,
Wales is traditionally a relatively poor country compared with
rest of the UK. According to the Public Health Wales
Observatory (2013),
there is an
increase in the number of children and young people
living in poverty today in Wales.84
One in five students who currently live in deprivation has a low
academic
performance and therefore they are likely to face exclusion,
educational under-
achievement and impaired life chances.85
Therefore, one of the main priorities of the Welsh Government through
the
Tackling
Poverty Action Plan 2012- 2016
is to `
reduce inequality,
improve economic and social well-being` by
reducing the educational gap between children living in deprivation
and their well-off peers.86
Both the PSE framework and
Education for
Sustainable Development and Global Citizenship (ESDGC)
play a crucial role of providing all children with an equal
opportunity regardless of their background to achieve their full
potential in life, and develop an understanding
of the value of diversity in their own communities and
beyond in
which they
come to understand the `roles,
relationships, conflicts and inequalities that affect the quality of
life'.87
At
a local level, the City and County of Swansea is also in the
process of making successive efforts in terms of crushing poverty in the
city. Like the Welsh Government, Swansea Council recognises the
importance of education in narrowing the poverty gap amongst children
from low
income families by providing them with the
best possible
start in life where they can achieve their full academic potential
regardless of their background and circumstances. Therefore, in this
light the Swansea Council embraces the Rights Respecting School
programme in the belief it may have a positive impact to the
reduction of the
inherent deprivation of its population. Currently
there are around 6500
children living in poverty in Swansea and thereupon the Council made
recently a
conscious decision in adopting the UNCRC (2013) into the
Council`s policy in order to tackle this issue.88
By
becoming the first children`s rights capital in Wales, Swansea
Council, like the Welsh Government, has taken an obligation to have
due regard to children and young people's rights.89
In this context, an annual
Children
and Young People`s Rights Scheme
is due to be published to monitor the process of the Council in
implementing its `due regard` duty to children`s rights. Moreover,
the Council continues
working closely with Swansea
University which
hosts the
Wales Observatory on Human Rights of Children and Young People, to
act as an external monitoring body for the Council and ensures that
everything the Authority does is both working and transparent.90
At
present , Swansea Council is
working towards the adoption of the UNCRC in every school in
Swansea.91
There are currently forty Rights Respecting Schools in Swansea,
mainly in the primary sector that has made an explicit commitment to
the UNCRC. However, while the number of children who have been
educated in the rights based approach are currently making a
transition from primary school to secondary school, the Council
believes it is important to adopt the
same approach in secondary
schools to ensure that children
continue to be educated in an rights
respecting school environment.92
Thereupon, one of the strategies to achieve this is to provide the
funding and the training for the schools to work towards the
recognition as Rights Respecting School.
Active
Citizenship in Cadle Primary School: a case studyCadle
primary school is one of the schools which has already
received the
Rights
Respecting School
Award (RRSA)
and been recognised for their outstanding practice in respect of
implementing this and therefore, according
to the school`s head teacher, Jamie M. Richards, acts as one of the
`heels for the rollout training programme for other schools to
train them up on rights`.93
By sharing the rights respecting practise with other schools, the
head teacher has also assisted `after school learning sessions for
other schools and has offered his time and
experience in promoting
the impact of RRSA both on a local and regional level`.94
The
Cadle Primary School
started working towards becoming
rights-respecting in 2010 which involved the requirement to meet the
RRSA Award. In order to achieve Level 1, it was
necessary for the
school to work towards the progress of embedding `the values and
principle of CRC into its ethos and curriculum`.95
The Cadle attained Level 1 in summer
term 2011.96
Achieving Level 1, the Cadle continued working towards
meeting the
standards of Level 2 which involved the requirement to fully embed
`the values and principles of the CRC into its ethos and
curriculum`.97
The school was also required to demonstrate how they are
planning to
`
maintain these rights-based values and principles`.98
The
RRSA Level 2
assessment (June 2012) conducted by
Sarah Hooke, Sarah
Thomas and Kath O’Kane, noted that there is a clear evidence that
children in Cadle are `valued as individuals whose opinions,
interests and contributions are nurtured`.99
The assessment illustrated that `the school has become a beacon of
good practice for their rights work` both at the level of school
policy making and in practise in which the school community acts `as
ambassadors for children`s rights locally, nationally and globally`.100
The appraisers noted that the
whole school approach to the UNCRC is
clearly evident in a highly `inclusive and participatory ethos` in
which the
school`s vision of `
Dream ,
Believe, Achieve`
is
linked with the UNCRC Article 29 enabling children at Cadle to be
the best they can be.101
Moreover, the
new school
charter based on key articles of the UNCRC, children`s
responsible
actions and adult`s responsibilities was launched by the
Cadle and displayed throughout the school. The Cadle also held
recently a whole school
competition to design a mascot for the Rights
Respecting School. The winning mascot the Rio the
Rhino has become
the
visual symbol of children`s rights in school which has also been
embroidered on the schools
uniform . The assessment demonstrated that
every initiative taken by the Cadle reflects their commitment to the
UNCRC.102
The school displays and
message boards for instance, along with the
embedment of the UNCRC in topic planning across the curriculum,
children`s work about rights, school concerts,
homework , Restorative
Practice, Family Learning Signature, fundraising events and other
special events such as the Harvest and
Outdoor Festive Day are only a number of successful initiatives taken by the
school.
One
of the primary
reasons why Cadle Primary School
became involved with
rights respecting school programme, derived from the expressed
concerns over the wellbeing of children within the school.
Mr Richards argues that he made a `conscious decision` in adopting
the UNCRC at the heart of the school ethos and curriculum because he
noticed that `children in school` lacked the `emotional
literacy ` in
order to prosper in their academic journey.103
Mr Richards recognises that there is a clear
link between emotional
wellbeing and academic achievement and
hence believes that RRSA has a
potential to have a transformative impact upon children`s well-being
in school.104
He is convinced that children who feel
happy ,
safe and secure are
likely to achieve their academic potential.105
Mr Richards argues that in
particularly in Cadle the development of
emotional literacy is crucial because
a
large
proportion of children in Cadle are carrying a huge emotional
package […] from all
sorts all reasons […] and in order to
prepare them for learning they have to be
able to express their
feelings , to have the emotional literacy […] so we could support
them […] and allow them to offload their package […] and
therefore, allow them to fulfil their ambitions, potential and
aspirations in terms of their learning.106
One
of the great
examples in developing emotional literacy in children
according to Mr Richards is the
` check in` system.
Every
morning during the
register and before they leave the school,
children are
asked by the teacher of how they are
feeling in this
morning or this afternoon. Every child has been asked to put their
name/picture in a pot identifying how they feel e.g. `happy`, `sad`,
`excited`, `
fizzy `. Mr Richards argues that this kind of activity for
them as a school `covers so many basis` from developing emotional
literacy,
vocabulary , listening skills to their speech. However, in
particular it helps the teachers to uncover the number of issues
children may experience in their
domestic life. Mr Richards
notes that
if
the child
comes to school and carries
hard emotional package like
domestic
violence then this technique helps to
open the problem and
more likely to solve it as well. If it would prolong in a long term,
the child would be unable to achieve its academic success […] it is
just a lovely way to start the day.107
Moreover,
Mr Richards notes that the deprivation of the area around the Cadle
was an additional
factor in adopting the whole school approach to the
UNCRC. It is important to recognise that
75 per-
cent of Cadle pupils live within the 30 per-cent most
deprived areas of Wales` and `the
percentage
of free school meals is
above the national average at
54%
with 48% of pupils currently on the additional support needs
register`.108
Thereupon, Mr Richards believes that in the midst of this challenge
it is crucial for him` to
look further from the school gates […] in
order to understand what is going on in children`s lives`. He notes
there are
currently
around `
four and five generation families […]
coming from the same
system […] of deprivation…where parents, grandparents have
never worked and therefore […] do not see any aspiration rather that the
system they are in […]109
Mr
Richards recognises that the RRSA has the potential to break the
circle of deprivation and allow children to
reach their full
potential. Mr Richards believes that
even though he is `at the moment
only scratching the surface` the RRSA has the potential to help them
to increase children`s `
confidence of that they can achieve their
dreams and aspirations`.110
However, Mr Richard disagrees that deprived areas have more to gain
from children`s rights agenda. He notes that when working previously
in one of the
least deprived schools in Swansea, he noticed that
parents
often neglected their children by dropping them off to the
breakfast club in the morning at 7.30am in order to go off to their health
clubs , shopping
tours , work […] and not collecting children before
6pm in the
night ..111
This
experience according to Mr Richards has encouraged him to develop the
idea of children`s rights as he noticed that there were `some aspects
of deprivation in that school in terms of parents neglecting their
kids in that way`.112
At that time, he strongly believed that `these children need to
understand their right that they have a right to access to their
parents in certain
times of the day and not just being
dropped off
and picked up`.113
As a
result , Mr Richard believes that `rights fit in any environment`
regardless of the pupil`s background and circumstances.114
Furthermore,
the rights based approach according to Mr Richards, has
proven to be
useful in
controlling child`s behaviour. The Cadle has embedded the
Restorative Practise that helps children to evaluate their actions
and help them to understand of how `their
own and other people’s actions and behaviours can have an
adverse impact on their rights`.115
Mr Richards notes that
`it
is really
interesting […] when you
talk to children about their
behaviour […] they
know what they have done wrong, so when you say
to them you have taken
away the right of other child to have a happy
playtime […] and then you see they are thinking […] they do
understand straight away and then we talk and ask what do you think
should happen next…they will
tell you what the punishment will be
[…] e.g. I need to miss my break time, or I need to
apologise or
need to do x, y and z.116
Moreover,
the
classroom charters that make
reference to the UNCRC are
another technique used by the Cadle to maintain the respectful language of
rights and behaviour. The classroom charter that
sets out the rules
of the classroom outlines the suggested behaviours and actions that
all children
need to adhere to ensure everyone’s rights at school are being
respected. In the event of conflict the rights are used to help
children to resolve the problem in a rights respectful way by using
the `peacemakers` in the playground for example. The `peacemakers`
are there to help to `solve the moral dilemmas through adopting a
restorative practise approach and using the language of rights`.117
A
year 5 girl noted during the RRSA assessment that `peacemakers are
there as we all have the right to be safe and they help make sure
everyone
enjoys their playtime`.118
In
addition to the positive impact of the RRSA in developing emotional
literacy in children and the restorative way of managing children`s
behaviour by using the language of rights, it is important to
recognise that Cadle also stands as a
good illustration of the ways in which it contributes to the
empowerment of young children to become active citizens and learners.
The school clearly demonstrates their readiness of listening to
children and taking children`s views into account. The head teacher,
Mr Richards, recognises children as active citizens in training where
they are encouraged to `develop the skills needed to prepare them for
the future as well`. 119
He has always believed that children should have `
allowed some sort
of autonomy` in which they have given an opportunity to actively
participate in the school life and have their voices taken
seriously.120
He notes that his personal experience that astounded him deeply when
taking the position as a head teacher number of years ago, has had
the most influential impact on why he places great emphasis on
listening children;
When
I first arrived to school and
took children to
residential trip […]
I sat next to the child who he was very uncomfortable […] I asked
what the problem was and he said that head teachers should not be
talking with children […] I was totally taken
back because it
goes against everything I believe in […] I was astounded and now I
encourage children to have a
conversation with me in the corridor,
what I do, even as far as to Year One and
Reception …I have
developed this further and […] now we have got a conversation that
makes children feel
confident when talking with me, it puts the child
on ease.121
Mr
Richards believes that children`s rights within the school can only
be met if they are treated equal to adults and through extensive
range of opportunities in their learning, the school encourages
children to participate in the school life, express their opinions
and have these opinions to be taken into account.122
Moreover, he believes that children are not too young to articulate
views that are often political. Mr Richards is convinced that
children
from the very
early age are able to express an opinion on global
issues and can
quite articulate of how they express their views […]
and what we are trying to do is to allow them to have an opinion…we
open up a debate about different things in learning environment […]
like we had both
sides of arguments […] when talking about David
Cameron .123
Thereupon,
the recognition of children`s capability of apprehending the
complexity of the world has encouraged the Cadle to
involve children
in decision making process in different contexts including:
presenting to
Governing body, curriculum planning, evaluating
teaching and learning and
acting as ambassadors for the RRSA`.124
The
Cadle`s Rights Ambassadors in particular that form part of then
Pupils Learning Community (PLC) provide an exemplary model of
successfully managed school council which goes beyond tokenism. Mr
Richards points out that the ` main
driver for the group` that
frequently
works collaboratively with other rights respecting schools in Swansea
`is that teachers are not the ones who run the group, but children
run them […] they sit and talk of what has been happening in their
schools […] how they
implement rights and what impact rights is
having to their school`.125
Another exemplary practise in facilitating the active participation
of pupils is the Lollypop System. Mr Richards notes that there is
often a tendency that in the crowded classrooms `many children who
may have the
answer […] have no change to give their answer […]
and […] the lollypop system allows us to give the child an
opportunity to give their response so it allows the teacher to assure
that
everybody has the opportunity to participate […] despite their
circumstances.`126
It ensures that every child `can access the curriculum and there is
no child within school who is
left disadvantaged to any other child
[…] what we are trying to achieve in this school is that everyone
has an equal opportunity to achieve whatever their potential is
[…]`.127
There
is a clear evidence that in both cases the school operates across the
Roger Hart `s model of participation. Hart describes that there are
distinct levels of participation and by providing a child an
opportunity `to express a view does not
mean that these views are
necessarily acted on`.128
He proposes eight typologies of participation in which the first
three levels (manipulation, decoration and tokenism) form the
non-participation rugs. In Cadle children`s participation is not
facilitated according to these three typologies. In relation to
`manipulation` for example, where children are involved as
consultants in projects but are not given a feedback about `what
influence they have had on the
final decision` was non-existent in
Cadle when observing the topic planning across the curriculum.129
Children and parents in Cadle were asked to contribute their
ideas to
the forthcoming topic `The Robots` and were given an A3 poster
containing a
brief information about all areas of study across the
curriculum where the topic could be studied i.e. numeracy, literacy,
PE and PSE. Both children and parents were well informed about the
idea of the topic planning and the explaining was done by the teacher
on the event of confusion around the topic. For example, children who
felt confused about how to link robots with PE were not provided with
an answer by the teacher but were guided to reach their own
conclusion i.e. linking distantly the similarities between the
physical movement inherent to PE and robots. At the end of the
session, children were gathered on the carpet around the teacher
where they were asked about the ideas they contributed to the topic
planning. The teacher then praised the contribution of every child
taking part of the session and assured that every idea provided by
the children are taken seriously and used in various contexts across
the curriculum. In short, this exercise demonstrates that children in
Cadle are not approached by the tokenistic manner where they have
asked `to say what they think` but have no `choice about the way they
express those views or the
scope of the ideas they can express`.130
Instead children are `involved in every
step of planning and
implementation`.131
Their views are taken seriously and they form part of the decision
making process.132
Overall ,
Mr Richards believes that RRSA has had a positive impact upon
children`s emotional and academic development. He notes that the
adoption of the RRSA programme resulted with a slight
fall in
`academic outcomes` very shortly and noticing the actual impact of
the programme has taken hard work and commitment. However, Mr
Richards claims that the slight improvement `in terms of academic
outcomes`[…] and `pupil`s outcomes` has been noticeable over the
last two years […] and hopes it `continues because it demonstrates
that the nurturing and self-
esteem , emotional literacy and raising
aspirations is working`.133
The Level 2 Assessment also recognises the positive impact of RRSA to
Cadle by noting that `it
was evident that RRSA has contributed to
improved well-being and achievement including attainment, reduced exclusions
and improved
attendance.134
Mr Richards argues that the rights will continue to be at the
`forefront of what we do ` in the school and the school`s development
plan is the reflection of this.135
The development plan sets out the strategy for the next
seven years
by ensuring that RRSA will continue to be the whole school approach.
In order to achieve this, the
staff , bot teaching and non-teaching
staff continue to play crucial role in which they are `being divided
into one of the three groups (RRSA
community, RRSA curriculum or RRSA
application )`. 136
All staff according to Level 2 appraisers
is
asked to contribute to the `development of their group and
share their ideas, comments and feedback
during
whole staff meetings which are held weekly`. From
here activities are
planned and
objectives
set. Appraisers of the Level 2 Assessment argue that `this approach
ensures that RRSA is not solely dependent on the RRSA
coordinator
and all staff contribute and take ownership for its implementation`.137
Moreover,
Mr
Richards cites that the biggest challenge for the school is to
continue to influence the community by working towards raising the
awareness and the understanding of rights amongst parents and
guardians. Mr Richards notes that
I
can`t ignore the fact that whether we like it or not […] the school
is the hub of the community, so we have to look at what we are doing
does impact the community and how we can influence the community
through the children […] so quite often when we talk with children
about their rights and we ask them to go home and talk to their
parents about rights and
hopefully changing gradually the mind-set of
the parents.138
The
Cadle primary, according to Mr Richards, is determined to involve the
community more within the school `to break down the barriers` caused
by the four, five generation of parents coming from the same system
of deprivation. Mr Richards indicates that these `parents often are
reluctant to learning and reluctant about further education and
therefore `are reluctant of being in the school`. These parents are
often
[..]
have a school phobia […] and so our aim is not to educate children
but also some of the parents` through number of activities like `tea
time learning, homework clubs […] and we are hopefully increasing
this due
course because this is what we perceive as important […]139
According
to the Level 2 Assessment, the school`s determination to engage the
whole community has been slowly increasing. The `Friends of Cadle`
which is made up of a group of parents has proven to be a huge
achievement for the school. The group which had historically only 2
parents has dramatically increased to 16 parents helping out with
various school events and fundraising.140
Moreover, Cadle has hosted number of events aiming to involve the
community to raise the awareness of rights, celebrate cultural
diversity and mutual respect within the school community e.g. Cadle`s
Cultural Diversity Day. The
Outdoor Festive Day in particular proved to be greatly successful.
This event provided the parents an opportunity to work with their
children by enhancing the visual impact of the Cadle as the Rights
Respecting School. The very idea of inviting the parents to improve
the school grounds with the paintings of the Rio the Rights
Respecting Rhino and the rainbow roads was to engage the parents to
their children`s emotional and academic development as there is a
clear evidence that `parental involvement […] has a significant
positive
effect on children`s achievement`.141
Janet Goodall et al postulate that research has demonstrated that
`the more parents are engaged in the education of their children, the
more likely their children are to succeed in the education system`.
They emphasise that `parental engagement is one of the key factors in
securing
student achievement […] and evidence of sustained school
improvement can be found in schools that build positive relationships
with parents and work actively to embrace racial,
religious , and
ethnic and language differences`.142
Conclusion
The
almost universal ratification of the UNCRC has been considered as a
huge step
forward towards the recognition of children as right
bearers, entitled to respect and participation. This has given an
impetus to a significant field of academic study attracting scholarly
work from various disciplines. The growing sociological interest in
children in particular provided a new perspective around the idea of
children
as social actors, and that childhood is not a natural phenomenon but
a social construct. However, the new knowledge
of children as competent social actors has provoked a great
controversy as it challenges the image of incompetent child which is
overwhelmingly
prevalent in the Western society. The outrage to the explicit
criticism provided by the UN Committee of the CRC to the UK
government after they failed to
make progress in terms of implementing Article 12, is a trenchant
illustration of the tension between children
as welfare
dependants, needy for protection because of their vulnerability and
children as active social agents entitled to respect and recognition.
In relation to this, there is a considerable confusion
in the UK and national anxiety about what role young people below the
age of the majority should play in community and political life. The
media in particular has become central in re-playing the
narrative of
fear and confusion around children`s position in society. Instead of
recognising children`s social agency and the capability of
understanding the complexity
of the world
as the
Newsround
has done in some extent, the rest of the media
generally reinforces the dominant model of childhood. In this
context, children are simultaneously
positioned by the media as innocent/vulnerable or as
aggressive/dangerous and badly behaving children out of control. This
was clearly evident when analysing the media portrayal of the youth
protest against Iraq War in 2003.
The
very fact of how childhood has been perceived by the UK over the last
decades has had
a profound impact upon children`s active representation in society.
Children in the UK are currently one of the most marginalized groups
in society in which their perceived intellectual incompetency has
prevented them actively participate in society. However,
in the midst of this paradox where children`s voices are often muted
and downplayed by the society, there is nevertheless increasing
commitment towards the enactment of children`s rights agenda in Wales
for instance that goes beyond the rhetoric around children`s
participation in society. The Welsh Government along with Swansea
Council has
gone great lengths in terms of recognising children as
active citizens with unique and valuable insights that may not be
available to adults. By regarding children`s rights on the basis of
all its activity, both the Welsh Government and Swansea Council are
determined of
working towards the adoption of the UNCRC in every school in Wales
and Swansea. Both authorities recognize the positive impact the
Rights Respecting School programme has in terms of promoting children
and young people`s rights in Wales. Moreover, they both believe that
RRSA has the potential of reducing the socio-economic gap amongst
children living in poverty by giving them the best possible start in
life, where they
can achieve their full academic potential regardless of their
background and circumstances.
Furthermore,
there
is a growing recognition that RRSA in particular has the `potential
to fundamentally bring about sustained cultural change in Wales` in
which the commonly held assumption of children as `not-yets` are
likely to reversed. There is a belief that RRSA provides the
rationale to citizenship as its main goal is to `provide the
knowledge, attitudes, values and skills people need if they are going
to build,
sustain , or rebuild a society that is democratic and
respects human rights`.143
The Cadle Primary School for instance stands
as a good illustration of the ways in which the school provides its
contribution to the empowerment of young children as active
responsible citizens locally,
nationally and globally through the whole school approach to the
UNCRC. In Cadle children are not just taught, but are recognised,
respected and modelled
by developing the skills needed to prepare them for the future
citizenship as well. There is clear evidence that the school is doing
their best in terms of going beyond the tokenistic manner when
providing the spaces for children`s participation. The views of
children in Cadle are taken seriously and they form
part of the decision making process.
In
addition, there is
a belief that RRSA has the potential to have a transformative impact
on children`s well-being in schools and in the wider community and on
community cohesion`.144
The Cadle has noticed that student`s emotional-wellbeing has been
gradually increasing after the adoption of the RRSA. The pupil`s
behaviour, the attendance, the academic achievement, the emotional
well-being – all have shown the signs of improvement. In
particular, the Cadle believes that the development of emotional
literacy in the framework of UNCRC is crucial in terms of children
achieving their full academic potential. The head teacher of the
Cadle, believes this kind of education has the potential to break
the circle of deprivation and allows children to fulfil their
ambitions, potential and aspirations. However, the head teacher of
the Cadle, admits that rights based education does not only have the
potentially positive impact upon children living in deprivation, but
strongly believes all children benefit from the UNCRC despite of
their background.
In
short, it can be argued that the gradual recognition of children as
citizens in their own right has come a long way since the adoption of
the UNCRC in 1989. The UNCRC has acted as transformative
instrument in respect of guiding the policy making at both local and national
level. The recognition of children`s agency at a political level has
also provided an impetus of rethinking our traditional understanding
of children. Nevertheless, as the full enactment children`s rights
agenda is a recent phenomenon in Wales, the confusion towards the
role of children in society will
remain prevalent for some time.
However, it is important to recognise that it is worth of investing
in children as they are our future. There is good evidence that
rights-based education within the classroom acts as an effective tool
at promoting good citizenship in which children `learn about civic
rights and responsibilities and become responsible citizens as
adults`.145
Ultimately,
based upon the research conducted so far in this area, the
rights-based education when incorporated in every national curriculum
in worldwide and delivered effectively has a great potential that
our future generations are more peaceful and tolerating, and
respectful towards cultural and social diversity.
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Appendix
1
Convention
on the Rights of the ChildAdopted
and opened for signature, ratification and accession by General
Assembly
Resolution
44/25 of 20 November 1989
entry into
force 2 September 1990, in accordance with Article 49
PreambleThe
States Parties to the present Convention, Considering that, in
accordance with the principles proclaimed in the Charter of the
United Nations, recognition of the inherent
dignity and of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and
peace in the world,
Bearing
in mind that the peoples of the United Nations have, in the Charter,
reaffirmed their
faith in fundamental human rights and in the dignity
and worth of the human
person , and have determined to promote social
progress and better standards of life in larger freedom,
Recognizing
that the United Nations has, in the Universal Declaration of Human
Rights and in the International Covenants on Human Rights, proclaimed
and agreed that everyone is entitled to all the rights and freedoms
set
forth therein, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national
or social origin, property,
birth or other status,
Recalling
that, in the Universal Declaration of Human Rights, the United
Nations has proclaimed that childhood is entitled to special care and
assistance, Convinced that the family, as the fundamental group of
society and the natural environment for the growth and well-being of
all its members and particularly children, should be afforded the
necessary protection and assistance so that it can fully assume its
responsibilities within the community,
Recognizing
that the child, for the full and harmonious development of his or her
personality, should
grow up in a family environment, in an atmosphere
of happiness, love and understanding, Considering that the child
should be fully prepared to live an
individual life in society, and
brought up in the
spirit
of the ideals proclaimed in the Charter of the United Nations, and in
particular in the spirit of peace, dignity, tolerance, freedom,
equality and solidarity,
Bearing
in mind that the need to
extend particular care to the child has been
stated in the Geneva Declaration of the Rights of the Child of 1924
and in the Declaration of the Rights of the Child adopted by the
General Assembly on 20 November 1959 and recognized in the Universal
Declaration of Human Rights, in the International Covenant on Civil
and Political Rights (in particular in Articles 23 and 24), in the
International Covenant on Economic, Social and Cultural Rights (in
particular in Article 10) and in the statutes and relevant
instruments of specialized agencies and international organizations
concerned with the welfare of children,
Bearing
in mind that, as indicated in the Declaration of the Rights of the
Child, “the child, by
reason of his physical and
mental immaturity,
needs special safeguards and care, including appropriate legal
protection, before as well as after birth”,
Recalling
the provisions of the Declaration on Social and Legal Principles
relating to the Protection and Welfare of Children, with Special
Reference to
Foster Placement and Adoption Nationally and
Internationally; the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (TheBeijing Rules) ; and the
Declaration on the Protection of Women and Children in
Emergency and
Armed Conflict,
Recognizing
that, in all countries in the world, there are children living in
exceptionally
difficult
conditions , and that such children need special
consideration ,
Taking
due account of the importance of the traditions and cultural values
of each people for the protection and harmonious development of the
child, Recognizing the importance of international cooperation for
improving the living conditions of children in every country, in
particular in the developing countries,
Have
agreed as follows:
PART
IArticle
1For
the
purposes of the present Convention, a child
means every human
being below the age of 18 years
unless under the law
applicable to
the child, majority is attained earlier.
Article
21.
States Parties shall respect and ensure the rights set forth in the
present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child’s or his or
her
parent ’s or legal guardian’s race, colour, sex, language,
religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status.
2.
States Parties shall take all appropriate measures to ensure that the
child is protected against all forms of discrimination or punishment
on the basis of the status, activities, expressed opinions, or
beliefs of the child’s parents, legal guardians, or family members.
Article
31.
In all actions concerning children, whether undertaken by public or
private social welfare
institutions , courts of law, administrative
authorities or legislative bodies, the best interests of the child
shall be a primary consideration.
2.
States Parties undertake to ensure the child such protection and care
as is necessary for his or her well-being, taking into account the
rights and duties of his or her parents, legal guardians, or other
individuals legally responsible for him or her, and, to this end,
shall take all appropriate legislative and administrative measures.
3.
States Parties shall ensure that the institutions,
services and
facilities responsible for the care or protection of children shall
conform with the standards
established by competent authorities,
particularly in the areas of
safety , health, in the number and
suitability of their staff, as well as competent supervision.
Article
4States
Parties shall undertake all appropriate legislative, administrative,
and other measures for the implementation of the rights recognized in
the present Convention. With regard to economic, social and cultural
rights, States Parties shall undertake such measures to the
maximum extent of their available resources and, where needed, within the
framework of international co-
operation .
Article
5States
Parties shall respect the responsibilities, rights and duties of
parents or, where applicable, the members of the
extended family or
community as provided for by local custom, legal guardians or other
persons legally responsible for the child, to provide, in a manner
consistent with the
evolving capacities of the child, appropriate
direction and
guidance in the exercise by the child of the rights
recognized in the present Convention.
Article
61.
States Parties recognize that every child has the inherent right to
life.
2.
States Parties shall ensure to the maximum extent possible the
survival and development of the child.
Article
71.
The child shall be registered immediately after birth and shall have
the right from birth to a name, the right to acquire a
nationality and. as far as possible, the right to know and be cared for by his or
her parents.
2.
States Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the
relevant international instruments in this field, in particular where
the child would otherwise be stateless.
Article
81.
States Parties undertake to respect the right of the child to
preserve his or her identity, including nationality, name and family
relations as recognized by law without unlawful interference.
2.
Where a child is illegally deprived of some or all of the elements of
his or her identity, States Parties shall provide appropriate
assistance and protection, with a view to re-establishing speedily
his or her identity.
Article
91.
States Parties shall ensure that a child shall not be separated from
his or her parents against their will, except when competent
authorities
subject to judicial review determine, in accordance with
applicable law and procedures, that such separation is necessary for
the best interests of the child. Such determination may be necessary
in a particular case such as one involving abuse or neglect of the
child by the parents, or one where the parents are living separately
and a decision must be made as to the child’s place of residence.
2.
In any proceedings pursuant to paragraph 1 of the present article,
all interested parties shall be given an opportunity to participate
in the proceedings and make their views
known .
3.
States Parties shall respect the right of the child who is separated
from one or both parents to maintain personal relations and
direct contact with both parents on a
regular basis, except if it is
contrary to the child’s best interests.
4.
Where such separation
results from any action initiated by a State
Party, such as the detention, imprisonment, exile, deportation or
death (including death arising from any
cause while the person is in
the custody of the State) of one or both parents or of the child,
that State Party shall, upon request, provide the parents, the child
or, if appropriate, another member of the family with the essential
information concerning the whereabouts of the absent member(s) of the
family unless the provision of the information would be
detrimental
to the well-being of the child. States Parties shall further ensure
that the
submission of such a request shall of itself entail no
adverse
consequences for the person(s) concerned.
Article
101.
In accordance with the obligation of States Parties under Article 9,
paragraph 1, applications by a child or his or her parents to enter
or leave a State Party for the purpose of family reunification shall
be dealt with by States Parties in a positive, humane and expeditious
manner. States Parties shall further ensure that the submission of
such a request shall entail no adverse consequences for the
applicants and for the members
of
their family.
2.
A child whose parents
reside in different States shall have the right
to maintain on a regular basis, save in exceptional circumstances
personal relations and direct contacts with both parents. Towards
that end and in accordance with the obligation of States Parties
under Article 9, paragraph 1, States Parties shall respect the right
of the child and his or her parents to leave any country, including
their own, and to enter
their
own country. The right to leave any country shall be subject only to
such restrictions as are prescribed by law and which are necessary to
protect the national
security , public order (
ordre
public),
public health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the present
Convention.
Article
111.
States Parties shall take measures to
combat the
illicit transfer and
non-return of children
abroad .
2.
To this end, States Parties shall promote the conclusion of bilateral
or multilateral agreements or accession to existing agreements.
Article
121.
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.
2.
For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with
the procedural rules of national law.
Article
131.
The child 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.
2.
The exercise of this right may be subject to certain restrictions,
but these shall only be such as are provided by law and are
necessary:
(a)
For respect of the rights or reputations of others; or
(b)
For the protection of national security or of public order (
ordre
public),
or of public health or morals.
Article
141.
States Parties shall respect the right of the child to freedom of
thought, conscience and religion.
2.
States Parties shall respect the rights and duties of the parents
and, when applicable, legal guardians, to provide direction to the
child in the exercise of his or her right in a manner consistent with
the evolving capacities of the child.
3.
Freedom to manifest one’s religion or beliefs may be subject only
to such limitations as are prescribed by law and are necessary to
protect public safety, order, health or morals, or the fundamental
rights and freedoms of others.
Article
151.
States Parties recognize the rights of the child to freedom of
association and to freedom of
peaceful
assembly.
2.
No restrictions may be placed on the exercise of these rights other
than those
imposed in conformity with the law and which are necessary
in a democratic society in the interests of national security or
public safety, public order (
ordre
public),
the protection of public health or morals or the protection of the
rights and freedoms of others.
Article
161.
No child shall be subjected to arbitrary or unlawful interference
with his or her
privacy , family, home or correspondence, nor to
unlawful attacks on his or her honour and reputation.
2.
The child has the right to the protection of the law against such
interference or attacks.
Article
17States
Parties recognize the important function performed by the mass media
and shall ensure that the child has access to information and
material from a diversity of national and international sources,
especially those
aimed at the promotion of his or her social,
spiritual and moral well-being and physical and mental health.
To
this end, States Parties shall:
(a)
Encourage the mass media to disseminate information and material of
social and cultural benefit to the
child
and in accordance with the spirit of Article 29;
(b)
Encourage international co-operation in the
production ,
exchange and
dissemination of such information
and
material from a diversity of cultural, national and international
sources;
(c)
Encourage the production and dissemination of children’s books;
(d)
Encourage the mass media to have particular regard to the
linguistic needs of the child who belongs to
a
minority group or who is indigenous;
(e)
Encourage the development of appropriate guidelines for the
protection of the child from information
and
material injurious to his or her well-being, bearing in mind the
provisions of Articles 13 and 18.
Article
181.
States Parties shall use their best efforts to ensure recognition of
the principle that both parents have common responsibilities for the
upbringing and development of the child. Parents or, as the case may
be, legal guardians, have the primary responsibility for the
upbringing and development of the child. The best interests of the
child will be their basic concern.
2.
For the purpose of guaranteeing and promoting the rights set forth in
the present Convention, States Parties shall render appropriate
assistance to parents and legal guardians in the performance of their
child-rearing responsibilities and shall ensure the development of
institutions, facilities and services for the care of children.
3.
States Parties shall take all appropriate measures to ensure that
children of working parents have the right to benefit from child-care
services and facilities for which they are
eligible .
Article
191.
States Parties shall 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,
including
sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
2.
Such protective measures should, as appropriate, include effective
procedures for the establishment of social programmes to provide
necessary support for the child and for those who have the care of
the child, as well as for other forms of
prevention and for
identification, reporting, referral, investigation, treatment and
follow -up of instances of child maltreatment described heretofore,
and, as appropriate, for judicial involvement.
Article
201.
A child temporarily or permanently deprived of his or her family
environment, or in whose own best interests cannot be allowed to
remain in that environment, shall be entitled to special protection
and assistance provided by the State.
2.
States Parties shall in accordance with their national
laws ensure
alternative care for such a child.
3.
Such care could include,
inter alia, foster placement,
kafalah
of
Islamic law, adoption or if necessary placement in
suitable institutions for the care of children. When considering solutions,
due regard shall be
paid to the desirability of continuity in a
child’s upbringing and to the child’s ethnic, religious, cultural
and linguistic background.
Article
21States
Parties that recognize and/or
permit the system of adoption shall
ensure that the best interests of the child shall be the paramount
consideration and they shall:
(a)
Ensure that the adoption of a child is authorized only by competent
authorities who determine, in accordance with applicable law and
procedures and on the basis of all pertinent and reliable
information, that the adoption is permissible in view of the child’s
status concerning parents, relatives and legal guardians and that, if
required, the persons concerned have given their informed consent to
the adoption on the basis of such
counselling as may be necessary;
(b)
Recognize that inter-country adoption may be considered as an
alternative means of child’s care, if the child cannot be placed in
a foster or an adoptive family or cannot in any suitable manner be
cared for in the child’s country of origin;
(c)
Ensure that the child concerned by inter-country adoption enjoys
safeguards and standards equivalent to those existing in the case of
national adoption;
(d)
Take all appropriate measures to ensure that, in inter-country
adoption, the placement does not result in improper financial gain
for those involved in it;
(e)
Promote, where appropriate, the objectives of the present article by
concluding bilateral or multilateral arrangements or agreements, and
endeavour , within this framework, to ensure that the placement of the
child in another country is carried out by competent authorities or
organs .
Article
221.
States Parties shall take appropriate measures to ensure that a child
who is seeking refugee status or who is considered a refugee in
accordance with applicable international or domestic law and
procedures shall, whether unaccompanied or accompanied by his or her
parents or by any other person, receive appropriate protection and
humanitarian assistance in the enjoyment of applicable rights set
forth in the present Convention and in other international human
rights or humanitarian instruments to which the said States are
Parties.
2.
For this purpose, States Parties shall provide, as they consider
appropriate, co-operation in any efforts by the United Nations and
other competent intergovernmental organisations or nongovernmental
organisations co-operating with the United Nations to protect and
assist such a child and to trace the parents or other members of the
family of any refugee child in order to obtain information necessary
for reunification with his or her family. In cases where no parents
or other members of the family can be found, the child shall be
accorded the same protection as any other child permanently or
temporarily deprived of his or her family environment for any reason,
as set forth in the present Convention.
Article
231.
States Parties recognize 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.
2.
States Parties recognize the right of the disabled child to special
care and shall encourage and ensure the extension, subject to
available resources, to the eligible child and those responsible for
his or her care, of assistance for which application is made and
which is appropriate to the child’s
condition and to the
circumstances of the parents or others caring for the child.
3.
Recognizing the special needs of a disabled child, assistance
extended in accordance with paragraph 2 of the present article shall
be provided free of charge, whenever possible, taking into account
the financial resources of the parents or others caring for the
child, and shall be designed to ensure that the disabled child has
effective access to and receives education, training, health care
services,rehabilitation services, preparation for
employment and
recreation opportunities in a manner conducive to the child’s
achieving
the
fullest possible social integration and individual development,
including his or her cultural and spiritual development.
4.
States Parties shall promote, in the spirit of international
cooperation, the exchange of appropriate information in the field of
preventive health care and of
medical , psychological and functional
treatment of disabled children, including dissemination of and access
to information concerning methods of rehabilitation, education and
vocational services, with the aim of enabling States Parties to
improve their capabilities and skills and to widen their experience
in these areas. In this regard, particular account shall be taken of
the
needs
of developing countries.
Article
241.
States Parties recognize the right of the child to the enjoyment of
the
highest attainable standard of health and to facilities for the
treatment of illness and rehabilitation of health. States Parties
shall strive to ensure that no child is deprived of his or her right
of access to such health care services.
2.
States Parties shall pursue full implementation of this right and, in
particular, shall take appropriate measures:
(a)
To diminish infant and child mortality;
(b)
To ensure the provision of necessary medical assistance and health
care to all children with emphasis on
the
development of primary health care;
(c)
To combat disease and malnutrition, including within the framework of
primary health care, through,
inter
alia,
the application of readily available technology and through the
provision of adequate nutritious
foods
and
clean drinking-water, taking into consideration the dangers and risks
of environmental pollution;
(d)
To ensure appropriate pre-natal and post-natal health care for
mothers;
(e)
To ensure that all segments of society, in particular parents and
children, are informed, have access to education and are supported in
the use of basic knowledge of child health and nutrition, the
advantages of breastfeeding, hygiene and environmental sanitation and
the prevention of accidents;
(f)
To develop preventive health care, guidance for parents and family
planning education and services.
3.
States Parties shall take all effective and appropriate measures with
a view to abolishing traditional
practices prejudicial to the health
of children.
4.
States Parties undertake to promote and encourage international
co-operation with a view to achieving progressively the full
realization of the right recognized in the present article. In this
regard, particular account shall be taken of the needs of developing
countries.
Article
25States
Parties recognize the right of a child who has been placed by the
competent authorities for the purposes of care, protection or
treatment of his or her physical or mental health, to a periodic
review of the treatment provided to the child and all other
circumstances relevant to his or her placement.
Article
261.
States Parties shall recognize for every child the right to benefit
from social security, including social insurance, and shall take the
necessary measures to achieve the full realization of this right in
accordance with their national law.
2.
The benefits should, where appropriate, be granted, taking into
account the resources and the circumstances of the child and persons
having responsibility for the
maintenance of the child, as well as
any other consideration relevant to an application for benefits made
by or on behalf of the child.
Article
271.
States Parties recognize the right of every child to a standard of
living adequate for the child’s physical, mental, spiritual, moral
and social development.
2.
The parent(s) or others responsible for the child have the primary
responsibility to secure, within their abilities and financial
capacities, the conditions of living necessary for the child’s
development.
3.
States Parties, in accordance with national conditions and within
their means, shall take appropriate measures to assist parents and
others responsible for the child to implement this right and shall in
case of need
provide
material assistance and support programmes, particularly with regard
to nutrition, clothing and housing.
4.
States Parties shall take all appropriate measures to secure the
recovery of maintenance for the child from the parents or other
persons having financial responsibility for the child, both within
the State Party and from abroad. In particular, where the person
having financial responsibility for the child lives in a State
different from that of the child, States Parties shall promote the
accession to international agreements or the conclusion of such
agreements, as well as the making of other appropriate arrangements.
Article
281.
States Parties recognize the right of the child to education, and
with a view to achieving this right progressively and on the basis of
equal opportunity, they shall, in particular:
(a)
Make primary education compulsory and available free to all;
(b)
Encourage the development of different forms of secondary education,
including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in
case of need;
(c)
Make
higher education accessible to all on the basis of capacity by
every appropriate means;
(d)
Make educational and vocational information and guidance available
and accessible to all children;
(e)
Take measures to encourage regular attendance at schools and the
reduction of drop-out rates.
2.
States Parties shall take all appropriate measures to ensure that
school discipline is administered in a
manner
consistent with the child’s human dignity and in conformity with
the present Convention.
3.
States Parties shall promote and encourage international cooperation
in matters relating to education, in particular with a view to
contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and
technical knowledge and modern teaching methods. In this regard,
particular account shall be taken of the needs of developing
countries.
Article
291.
States Parties
agree that the education of the child shall be
directed to:
(a)
The development of the child’s personality, talents and mental and
physical abilities to their fullest potential;
(b)
The development of respect for human rights and fundamental freedoms,
and for the principles enshrined in the Charter of the United
Nations;
(c)
The development of respect for the child’s parents, his or her own
cultural identity, language and values, for the national values of
the country in which the child is living, the country from which he
or she may originate, and for civilizations different from his or her
own;
(d)
The preparation of the child for responsible life in a free society,
in the spirit of understanding, peace, tolerance, equality of sexes,
and friendship
among all peoples, ethnic, national and religious
groups and persons of indigenous origin;
(e)
The development of respect for the natural environment.
2.
No part of the present article or Article 28 shall be construed so as
to interfere with the
liberty of individuals and bodies to establish
and direct educational institutions, subject always to the observance
of the principle set forth in paragraph 1 of the present article and
to the requirements that the education given in such institutions
shall conform to such minimum standards as may be laid down by the
State.
Article
30In
those States in which ethnic, religious or linguistic minorities or
persons of indigenous origin
exist , a child belonging to such a
minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enjoy his or her
own culture, to profess and practise his or her own religion, or to
use his or her own language.
Article
311.
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
321.
States Parties recognize the right of the child to be protected from
economic exploitation and from performing any work that is likely to
be hazardous or to interfere with the child’s education, or to be
harmful to the child’s health or physical, mental, spiritual, moral
or social development.
2.
States Parties shall take legislative, administrative, social and
educational measures to ensure the implementation of the present
article. To this end, and having regard to the relevant provisions of
other international instruments, States Parties shall in particular:
(a)
Provide for a minimum age or minimum ages for admission to
employment;
(b)
Provide for appropriate
regulation of the
hours and conditions of
employment;
(c)
Provide for appropriate penalties or other sanctions to ensure the
effective enforcement of the present article.
Article
33States
Parties shall take all appropriate measures, including legislative,
administrative, social and educational measures, to protect children
from the illicit use of narcotic drugs and psychotropic substances as
defined in the relevant international treaties, and to
prevent the
use of children in the illicit production and trafficking of such
substances.
Article
34States
Parties undertake to protect the child from all forms of sexual
exploitation and sexual abuse. For these purposes, States Parties
shall in particular take all appropriate national, bilateral and
multilateral measures to prevent:
(a)
The inducement or coercion of a child to engage in any unlawful
sexual activity;
(b)
The exploitative use of children in prostitution or other unlawful
sexual practices;
(c)
The exploitative use of children in pornographic performances and
materials.
Article
35States
Parties shall take all appropriate national, bilateral and
multilateral measures to prevent the abduction of, the sale of or
traffic in children for any purpose or in any form.
Article
36States
Parties shall protect the child against all other forms of
exploitation prejudicial to any aspects of the child’s welfare.
Article
37States
Parties shall ensure that:
(a)
No child shall be subjected to
torture or other cruel, inhuman or
degrading treatment or punishment. Neither capital punishment nor
life imprisonment without possibility of release shall be imposed for
offences committed by persons below eighteen years of age;
(b)
No child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall
be in conformity with the law and shall be used only as a measure of
last resort and for the shortest appropriate period of time;
(c)
Every child deprived of liberty shall be treated with humanity and
respect for the inherent dignity of the human person, and in a manner
which takes into account the needs of persons of his or her age.
In
particular, every child deprived of liberty shall be separated from
adults unless it is considered in the child’s best interest not to
do so and shall have the right to maintain contact with his or her
family through correspondence and visits, save in exceptional
circumstances;
(d)
Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his or her
liberty before a
court or other competent, independent and
impartial authority, and to a prompt decision on any such action.
Article
381.
States Parties undertake to respect and to ensure respect for rules
of international humanitarian law applicable to them in armed
conflicts which are relevant to the child.
2.
States Parties shall take all feasible measures to ensure that
persons who have not attained the age of 15 years do not take a
direct part in hostilities.
3.
States Parties shall refrain from recruiting any person who has not
attained the age of 15 years into their armed forces. In recruiting
among those persons who have attained the age of 15 years but who
have not attained the age of eighteen years, States Parties shall
endeavour to give priority to those who are oldest.
4.
In accordance with their obligations under international humanitarian
law to protect the civilian population in armed conflicts, States
Parties shall take all feasible measures to ensure protection and
care of children who are affected by an armed conflict.
Article
39States
Parties shall take all appropriate measures to promote physical and
psychological recovery and social reintegration of a child victim of:
any form of neglect, exploitation, or abuse; torture or any other
form of cruel, inhuman or degrading treatment or punishment; or armed
conflicts. Such recovery and reintegration shall take place in an
environment which fosters the health, self-respect and dignity of the
child.
Article
401.
States Parties recognize the right of every child alleged as, accused
of, or recognized as having infringed the penal law to be treated in
a manner consistent with the promotion of the child’s sense of
dignity and worth, which reinforces the child’s respect for the
human rights and fundamental freedoms of others and which takes into
account the child’s age and the desirability of promoting the
child’s reintegration and the child’s assuming a constructive
role in society.
2.
To this end, and having regard to the relevant provisions of
international instruments, States Parties shall, in particular,
ensure that:
(a)
No child shall be alleged as, be accused of, or recognized as having
infringed the penal law by reason of acts or omissions that were not
prohibited by national or international law at the time they were
committed;
(b)
Every child alleged as or accused of having infringed the penal law
has at least the following guarantees:
(i)
To be presumed innocent until proven guilty according to law;
(ii)
To be informed promptly and directly of the charges against him or
her, and, if appropriate, through
his
or her parents or legal guardians, and to have legal or other
appropriate assistance in the preparation and presentation of his or
her defence;
(iii)
To have the matter determined without delay by a competent,
independent and impartial authority or judicial body in a fair
hearing according to law, in the presence of legal or other
appropriate assistance and, unless it is considered not to be in the
best interest of the child, in particular, taking into account his or
her age or situation, his or her parents or legal guardians;
(iv)
Not to be compelled to give testimony or to confess guilt; to examine
or have examined adverse witnesses and to obtain the participation
and examination of witnesses on his or her behalf under conditions of
equality;
(v)
If considered to have infringed the penal law, to have this decision
and any measures imposed in consequence thereof reviewed by a higher
competent, independent and impartial authority or judicial body
according to law;
(vi)
To have the free assistance of an interpreter if the child cannot
understand or
speak the language used;
(vii)
To have his or her privacy fully respected at all stages of the
proceedings.
3.
States Parties shall seek to promote the establishment of laws,
procedures, authorities and institutions specifically applicable to
children alleged as, accused of, or recognized as having infringed
the penal law, and, in particular:
(a)
The establishment of a minimum age below which children shall be
presumed not to have the capacity to infringe the penal law;
(b)Whenever
appropriate and desirable, measures for dealing with such children
without resorting to judicial proceedings, providing that human
rights and legal safeguards are fully respected.
4.
A variety of dispositions, such as care, guidance and supervision
orders; counselling; probation; foster care; education and vocational
training programmes and other alternatives to institutional care
shall be available to ensure that children are dealt with in a manner
appropriate to their well-being and proportionate both to their
circumstances and the
offence .
Article
41Nothing in the present Convention shall affect any provisions which are more
conducive to the realization of the rights of the child and which may
be contained in:
(a)
The law of a State party; or
(b)
International law in force for that State.
PART
IIArticle
42States
Parties undertake to make the principles and provisions of the
Convention widely known, by appropriate and active means, to adults
and children alike.
Article
431.
For the purpose of examining the progress made by States Parties in
achieving the realization of the obligations undertaken in the
present Convention, there shall be established a Committee on the
Rights of the Child, which shall carry out the functions hereinafter
provided.
2.
The Committee shall consist of ten experts of high moral standing and
recognized competence in the field covered by this Convention. The
members of the Committee shall be elected by States Parties from
among their nationals and shall serve in their personal capacity,
consideration being given to equitable geographical distribution, as
well as to the principal legal systems.
3.
The members of the Committee shall be elected by secret ballot from a
list of persons nominated by States Parties. Each State Party may
nominate one person from among its own nationals.
4.
The initial election to the Committee shall be held no later than six
months after the
date of the entry into force of the present
Convention and thereafter every second year. At least four months
before the date of each election, the
Secretary -General of the United
Nations shall address a
letter to States Parties inviting them to
submit their nominations within two months. The Secretary-General
shall subsequently prepare a list in alphabetical order of all
persons thus nominated, indicating States Parties which have
nominated them, and shall submit it to the States Parties to the
present Convention.
5.
The elections shall be held at meetings of States Parties convened by
the Secretary-General at United Nations
Headquarters . At those
meetings, for which two thirds of States Parties shall constitute a
quorum, the persons elected to the Committee shall be those who
obtain the largest number of votes and an absolute majority of the
votes of the representatives of States Parties present and voting.
6.
The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election if renominated. The
term of five of the members elected at the first election shall
expire at the end of two years; immediately after the first election,
the names of these five members shall be chosen by lot by the
Chairman of the meeting.
7.
If a member of the Committee dies or resigns or declares that for any
other cause he or she can no longer perform the duties of the
Committee, the State Party which nominated the member shall appoint
another
expert from among its nationals to serve for the remainder of
the term, subject to the
approval of the Committee.
8.
The Committee shall establish its own rules of procedure.
9.
The Committee shall
elect its officers for a period of two years.
10.
The meetings of the Committee shall normally be held at United
Nations Headquarters or at any other convenient place as determined
by the Committee. The Committee shall normally meet annually. The
duration of the meetings of the Committee shall be determined, and
reviewed, if necessary, by a meeting of the States Parties to the
present Convention, subject to the approval of the General Assembly.
11.
The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of the
functions of the Committee under the present Convention.
12.With
the approval of the General Assembly, the members of the Committee
established under the present Convention shall receive emoluments
from United Nations resources on such terms and conditions as the
Assembly may decide.
Article
441.
States Parties undertake to submit to the Committee, through the
Secretary-General of the United Nations, reports on the measures they
have adopted which give effect to the rights recognized herein and on
the progress made on the enjoyment of those rights
(a)Within
two years of the entry into force of the Convention for the State
Party concerned;
(b)
Thereafter every five years.
2.
Reports made under the present article shall indicate factors and
difficulties, if any, affecting the degree of fulfilment of the
obligations under the present Convention. Reports shall also contain
sufficient information to provide the Committee with a comprehensive
understanding of the implementation of the Convention in the country
concerned.
3.
A State Party which has submitted a comprehensive initial report to
the Committee need not, in its subsequent reports submitted in
accordance with paragraph 1 (b) of the present article, repeat basic
information previously provided.
4.
The Committee may request from States Parties further information
relevant to the implementation of the Convention.
5.
The Committee shall submit to the General Assembly, through the
Economic and Social Council, every two years, reports on its
activities.
6.
States Parties shall make their reports widely available to the
public in their own countries.
Article
45In
order to foster the effective implementation of the Convention and to
encourage international cooperation in the field covered by the
Convention:
(a)
The specialized agencies, the United Nations Children’s Fund, and
other United Nations organs shall be entitled to be represented at
the consideration of the implementation of such provisions of the
present Convention as fall within the scope of their mandate. The
Committee may
invite the specialized agencies, the United Nations
Children’s Fund and other competent bodies as it may consider
appropriate to provide expert
advice on the implementation of the
Convention in areas falling within the scope of their respective
mandates. The Committee may invite the specialized agencies, the
United Nations Children’s
Fund,
and other United Nations organs to submit reports on the
implementation of the Convention in areas falling within the scope of
their activities;
(b)
The Committee shall transmit, as it may consider appropriate, to the
specialized agencies, the United Nations Children’s Fund and other
competent bodies, any reports from States Parties that contain a
request, or indicate a need, for technical advice or assistance,
along with the Committee’s observations and suggestions, if any, on
these requests or indications;
(c)
The Committee may recommend to the General Assembly to request the
Secretary-General to
undertake
on its behalf studies on
specific issues relating to the rights of
the child;
(d)
The Committee may make suggestions and general recommendations based
on information received pursuant to Articles 44 and 45 of the present
Convention. Such suggestions and general recommendations shall be
transmitted to any State Party concerned and reported to the General
Assembly, together with comments, if any, from States Parties.
PART
IIIArticle
46The
present Convention shall be open for signature by all States.
Article
47The
present Convention is subject to ratification. Instruments of
ratification shall be deposited with the
Secretary-General
of the United Nations.
Article
48The
present Convention shall remain open for accession by any State. The
instruments of accession shall be
deposited
with the Secretary-General of the United Nations.
Article
491.
The present Convention shall enter into force on the thirtieth day
following the date of
deposit with the Secretary-General of the
United Nations of the twentieth instrument of ratification or
accession.
2.
For each State ratifying or acceding to the Convention after the
deposit of the twentieth instrument of ratification or accession, the
Convention shall enter into force on the thirtieth day after the
deposit by such State of its instrument of ratification or accession.
Article
501.
Any State Party may propose an
amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall
thereupon communicate the proposed amendment to States Parties, with
a
request
that they indicate whether they favour a conference of States Parties
for the purpose of considering and voting upon the proposals. In the
event that, within four months from the date of such communication,
at least one third of the States Parties favour such a conference,
the Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of States
Parties present and voting at the conference shall be submitted to
the General Assembly for approval.
2.
An amendment adopted in accordance with paragraph 1 of the present
article shall enter into force when it has been approved by the
General Assembly of the United Nations and accepted by a two-thirds
majority of States Parties.
3.When
an amendment enters into force, it shall be binding on those States
Parties which have accepted it, other States Parties
still being
bound by the provisions of the present Convention and any earlier
amendments which they have accepted.
Article
511.
The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at
the time of ratification or accession.
2.
A reservation incompatible with the
object and purpose of the present
Convention shall not be permitted.
3.
Reservations may be withdrawn at any time by notification to that
effect addressed to the Secretary- General of the United Nations, who
shall then
inform all States. Such notification shall take effect on
the date on which it is received by the Secretary-General
Article
52A
State Party may denounce the present Convention by written
notification to the Secretary-General of the United Nations.
Denunciation becomes effective one year after the date of receipt of
the notification by the Secretary-General.
Article
53The
Secretary-General of the United Nations is designated as the
depositary of the present
Convention.
Article
54The
original of the present Convention, of which the Arabic,
Chinese ,
English ,
French , Russian and Spanish texts are equally authentic,
shall be deposited with the Secretary-General of the United Nations.
IN WITNESS THEREOF the undersigned plenipotentiaries, being duly
authorized thereto by their respective governments, have
signed the
present Convention.
UNICEF
UK
https://www.unicef.org.uk/Documents/Publication-pdfs/betterlifeleaflet2012_press.pdf Appendix
2
Cadle
Primary SchoolInterview
Transcript
06/05/20141.5hours
Between:
Ms
Gerli
Orumaa, BA International Relations, Swansea University
Mr
Richards, the Headteacher of Cadle Primary School, Swansea
Gerli:
What
Citizenship means to you? How did you get involved in the Rights
Respecting School programme? What encouraged you to do it?
Mr
Richards:
Hmm, right…I`ll try to answer this as fully as I can,
Hmmm (pause),
let me think (pause). I can go back to before I
came to this school,
I have always been in education, about 20 years in Swansea, and in my
previous school, my head teacher always believed in children that,
hmmm, they they are allowed to have some sort autonomy, and the
teacher is taking a role as a facilitator wider facilitator, allowing
to children to go off, hmm, but obviously with rams
of
structure, hmm, of the school day, hmm, having a set of rules to
adhere to but within that children have the scope to be allowed to
express themselves as fully as possible. Hmm, (long pause), In
different schools obviously, everybody works in different ways, but
in this school it was a conscious decision for me because, hmm (em),
there are number of large proportion of children carrying on huge
emotional package in coming to school, from all sorts of reasons. So
in order to prepare them for learning they have to be able to express
their feelings, to have the emotional literacy, in order that they
can express how they are feeling, so we could support them in order
to allow them to off
load their package. Allow them to fulfil their
ambitions, potential and aspirations in terms of their learning.
(pause), so the main
vehicle , the
umbrella for us as a school is the
Rights of the Child, and we have taken this aboard fully. But we also
took aboard the Restorative practise which sits underneath the Rights
of the Child. Hmm, because (long pause) with the rights I had some
debate in some time when we took on rights, we needed to have a
structure to the rights. I just can`t give children the rights, I
couldn`t, I could given children their rights without them having
some sense of responsibility that are
related to go with these
rights, and responsible actions, but by giving them home school
charter, they know what rights they have, so as children they have
responsibilities to behaved in certain way for example. And so, then
children within that charter, within the discussions we have with
them, to understand then that (pause) adults have responsible actions
too in order for these children to have these rights and to be able
to articulate these rights in the way they feel confident that they
feel they are listened to. (pause) There is a huge (hmm, pause) shift
in the culture, to some adults and children are more prepared for
rights and can accept that, the others you know and Adults need to
be
trained to accept these rights. So there was a training
requirement with in the school, I can come back to this later, so
there was a training requirement within the school but… also
children in school they have or did have,, hmm, they did not have the
emotional literacy in order to express their feelings, in order to as
I said earlier to articulate their rights, we actually have given
them that, sothat the structure of the school day allows them to
express how they are feeling when they come in
.
Gerli:
so is this approach all embedded inside the curriculum, and
everything you do in this school to develop the emotional literacy is
linked to children`s rights. Like, my children said that when they go
to school every morning they have to express their feelings, are they
sad or happy, hmmm, I don`t know how they
call this practise, hmmm.
Mr
Richards:
Hmm, they do that yes, every morning we have a check in, so the
children come in and while they do their register, they are sitting
and doing their check in, what it does has many aspects to it, so as
the children are sitting in there , hmm, like I just mentioned,
number of children when they are coming in in the morning, when they
first
arrive here, the two word we have sad or happy, so what we had
to do is to extend the vocabulary , so when they come in now, it`s
not just sad or happy, they may be excited or feeling fizzy, and
that’s how they are feeling, for us it covers so many basis, so you
may have the child who comes in and
says I feel very down , or I feel
very
unhappy , that may open up a discussion, the teacher later on
goes and talks with the child and finds out what makes him/her
unhappy , maybe
something very
simple like, hmm, mommy wouldn`t let
me have the sugar for my cornflakes this morning, something like
that, ok that’s fine.
Gerli:
so you can get to the bottom of what may be happening in this child`s
mind. My son for instance had a traumatic experience about two years
ago when my
mother who suffers mental health problems decide to use
domestic violence on me and this had a traumatic impact upon my son.
My son became very distressed and afraid at school, I was often
called to school because he complained bad belly and seemed overall
anxious. So we had a chat with the teacher in private and it came out
that he was so afraid to be school when I am not around him. He was
so afraid that my mother will come and hurt me and take me away from
him, hmm, and this all came out because of this same exercise of
happy and sad faces in the morning. So we slowly worked with
Sten and
by time he was fine and reassured that everything will be fine.
Mr
Richards: This
is a
perfect example of this how it impacts on child`s learning, had
it prolonged, then there would been further issues, because it is
very simplistic question, this technique has huge impact upon
children`s learning and academic achievement. If a child comes to
school and carries hard emotional package like domestic violence,
this technique helps to open the problem and more likely to solve it
as well. If it would prolong in a long term, the child would be
unable to achieve its academic success. (pause) when the parent is
coming to see me, the first
thing I ask is whether your child is
happy at school. If the child is unhappy at school, then the alarm
bell starts going. Children are like emotional sponges, they take
anything you teach them, so when we do the check in in the morning,
you know children more often say that they are happy at school and
they want to share their story, whilst they do their check in they
develop their listening skills, their speech and their emotional
literacy, helps the teacher to assess how children are feeling during
that morning, it is just a lovely way to start the day. Ammm,
(pause), we (pause), then it leads in, nicely to the assembly, and in
assemblies are based on our values, amm tell stories, quite personal
stories, but not well that personal but I tell stories about what I
have done during the
weekend , I have done something related back to
the value aright. Hmm, it also allows with rights , I`ll jump up to
steps, I hope I am not rushing to much ahead.
Gerli:
no no.
Mr
Richards: but
what it also does for us is that it allows me to talk with children
about their behaviour in school, (pause), what is really interesting
is that when you talk to children, they know what they have done
wrong , so when you say to them you have taken away the right of
other child to have a happy playtime , and then you see they are
thinking, , they do understand straight away and then we talk and ask
what do you think should happen next, they will tell you what the
punishment will be, oo I need to miss my break time , or I need to
apologise or I need to do x y and z.
Gerli:
So rights are perfect in controlling child`s behaviour?
Mr
Richards:
absolutely, but it`s restorative way of managing the behaviour. We
have the areas within the school, amm, break times, we call the
reflection areas, children spend some time reflecting about their
behaviour and they come back and say that they have reflected, they
may say I am sorry or I have to apologise to the child, so we call
them reflection areas, help the reflection time. (pause), rights also
give me a vehicle for, amm… all sorts of meetings, when I meet with
a parent or a member of staff (pause), the rights can then be used
because obviously there is a way of using rights to talk with people,
like talking with you. Obviously within school we have some very
difficult conversations with parents so you need to use rights, so
butting a footing on a level which is transparent, fair and open and
then with a respectful way you can help the situation, rather than
having a barriers what you sometimes get. Like in the meeting I often
say to the parent that you have taken away the right of the other
person to speak or my rights as a head teacher. Hmm, rights manifest
itself in many ways and we have noticed a
massive difference of what
was before. In order to it to work, what it is about.. it’s the
fourth year of rights within this school and within that .. from the
academic point of view is that when you take on this approach you may
see a tip in terms of academic outcomes very shortly and it takes
time when you see the impact of this programme you are trying to
achieve. So I have seven year plan of how I see in my mind how the
school is progressing in the period of time and after seven years we
have to review again and see where we are and what needs to be
improved. But currently the first two years you can see slight
tipping in terms of academic outcomes, we are starting to see am the
graph increasing in terms of pupils outcomes and hope it continues
because it obviously shows that the nurturing and the self-esteem,
emotional literacy and raising the aspirations is working.
Gerli:
yes, my son often says that I you can achieve everything if you only
want to because you can be the best as you can be.
Mr
Richards:
yes, it is very pleasing to
hear that, amm because I think sometimes
they probably get tired of me saying it because it is something
always in my mind, it`s my mantra every time I go to assembly, I talk
about Dream, Believe, Achieve- Be best as you can be!! You can be
the best , I do it many times and always say it does not come easily
and you have to work hard, we talk about learning, and say its ok to
fail, and you can learn from the
failure , we talk about there are no
wrong answers in this school, its their answer and we always look how
we develop this answer, the understanding of it of what we are trying
to achieve, so they are never wrong, there are aspects in school what
we do and UNCRC is the overarching umbrella of what we are trying to
achieve in this school in terms of raising self-esteem, raising the
values, raising aspiration, and there are all sorts of other things
we do in this school that fed in that, am rights wouldn`t work
without it. Rights underpin everything we do, hmm its important with
rights that we have a symbol like Rhio.. it as
focus for the
children, because when they see that they think it as rights. yeah so
by having children to come up with that symbol… (pause) the child
who came up with that symbol is now in comprehensive and we have
taken this abroad across the school as you see it, uniform, children
can
relate to it because they now it`s about rights. Hmm, so its
important, something like children being involved from the outset..
Gerli:
in academic literature there is an ongoing debate about children`s
capability of understanding the complexity of issues and the critics
who make the case against children to have citizenship rights because
they a assumed to be irrational and incompetent. What is your view
about children?
Mr
Richards: it
goes back to your point earlier when you
told me about your education
experiences from the early age , I think it reflects badly on us as
adults, it creates like a fear factor that we don`t allow children to
have a voice and we manipulate with them of what answer to give, but
sometimes yes Child has to accept this that this is what I am
telling you to do and you must do that because that is what is right , but
this happens in very extreme circumstances where you are protecting
the safety of the child and you know it’s the rights way to do it,
like if you
cross that
road , hmm you have to say this is how it`s
going to be , this is how I am telling you of how it`s going to be.
But within a large proportion of the school day then yes in teaching
children, you facilitating their learning, you provide information
for them and letting the children to get a level of understanding
and research and allowing them to explore and allowing them to
articulate of what they are thinking. And then you are guiding their
learning, you opening doors to them, there are different ways of
learning to reach the conclusion and they
choose what road they want
to go to in order to get that conclusion.
Gerli:
That’s a problem solving
skill is in it?
Mr
Richards:
absolutely, in particularly with maths at the moment (pause)
previously years ago children were given the problem to solve but now
it has been reversed and you now have a problem and you have
find a
way to use to solve that problem, its turned on its head. (pause)
regards with the curriculum, the teach the numeracy and literacy
across the curriculum and this has a major impact of how we teach in
schools, not as much in our school but in secondary schools for
instance they teach history and maths in isolation etc. and not
really
looking at the literacy skills needed to research the topic,
amm, there is a shift in how we teach. (pause) We also have taken a
step
slightly forward, possibly, hopefully, in future we see
Sustainable Development and Global Citizenship, as being key element
for future learnings so what we are trying to do is to use that as a
main driver of our foundation subjects, amm, so that wherever
possible we look at how it fits in to global citizenship framework.
So that is the main driver for the school, currently we have made
links with
Scotland , schools in Scotland, we just have
sent some
letters out so we are looking at how we could increase children`s
knowledge of what`s happening around the world, locally, nationally
and globally. How it impacts their lives.
Gerli:
I think it very important because of the diversity of the social
groupings in Swansea and in Wales in general, you have so many people
living together who have different language, culture, way of life and
you need to think carefully how you make them to live harmoniously
together an you obviously have to start from the very foundation, the
education. Do you think by teaching children peace and tolerance in
the framework of UNCRC, this may reduce the possible conflicts in the
future between different social groups. Dou you believe rights based
education has the potential of making the world more tolerating,
peaceful place?
Mr
Richards:
yes I do agree with you
completely and what we do in here, in order
to progress is that (pause) officially my responsibility is what
happens in school grounds, but in the end of the day is the children
whose education is in my hands and that what I am paid to do, but
then you can`t ignore the fact that whether we like it or not but the
school is the hub of the community, so you have to look at what we
are doing does impact the community and how can we influence the
community through the children, so quite often we talk with children
about their rights and we ask them to go home and talk to their
parents about things in school and hopefully changing the mind-set of
parents. We deliberately say to children that we want you to go home
and say to you parents about rights, talk your parents about rights.
And it’s a key thing for us ,we are committed of trying to include
the community into the schools because it`s no way of getting away
from the fact that in our community there are three, four generation
families coming from the same system, deprivation, they are reluctant
about school, reluctant to learning, reluctant about further
education, they unfortunately are going through the system where
parents, grandparents have never worked, they don`t see any
aspiration rather than the system they are in.
Gerli:
Do you believe then there is much work to be done in terms of raising
parents and guardians understanding about rights?
Mr
Richards: yes
there is much more work to be done, within my seven year plan,
probably what we got is that how we get the message through out to
the community more… emm, how we get parents more involved within
the school, emm..not in day to day aspect in the school.. but how we
can get the parents involved with school. (pause) How we get parents
understanding of what we are doing at school, the clubs , societies
way of looking at how to break down the barriers because as I said
lots of the parents have a school phobia, emm they are reluctant of
being in the school, and that has been continued, like I said earlier
some of the parents are illiterate, innumerate so they have a (pause)
fear factor of school. emm, so our aim is not only to educate
children but also educate some of the parents also, like tea time
learning, homework clubs, emm we are hopefully increasing this in a
due course because this is what we perceive as important emm, there
is evidence of … I can`t remember the name of the
professor but
there are benefits of engaging parents in children`s learning.
Gerli:
so coming back to the question one where I asked your reasons of
becoming involved with Rights Respecting School programme… was it
then a conscious decision do adopt the UNCRC because of the
deprivation of the community around the school?
Mr
Richards: yes,
but I would like to say that I worked previously within the school
that was one of the least deprived schools in Swansea, but I
recognised that that in that school that parents often neglected
their children by dropping them off to the breakfast club in the
morning at 7.30am and they go off to their health clubs, shopping
tours, work., and not collecting children before 6pm in the night, I
started to develop this idea of children`s rights way before coming
to this school because I believed that there was also some aspects of
deprivation in that school in terms of parents neglecting their kids
in that way. So I thought wait the
minute , these children need to
understand their right that they have a right to access to their
parents in certain times of the day and not just being dropped off
and picked up. So there is an element (pause) that rights fit in any
environment but coming back to your question, yes I did make a
conscious decision because for me I can`t cut off the school gates
its not in my nature to do that and I need to look further from the
school gates because I need to understand what`s going on in
children`s lives in order (pause) to allow them to reach their full
potential, because if I don`t then the school has failed. (pause) I
am at the moment only scratching the surface , if there is a one
child here we can turn around and break the circle in terms of four
five generations then hallelujah there is one child, and we have
achieved our goal. The times goes on and we may have more children,
like year before last the two top performing students in terms of
their CSCS`s and A level were from Cadle Primary school and this is a
massive achievement for our school and to see that what we do has got
an impact on children to do well in life. Like Sten comes back to me
and telling me that he is in the university and do what they want to
do and coming back to tell me these stories and this is what I live
for. Our aim is to provide every child the confidence of that they
can achieve their dreams and aspirations. And I am hoping as the time
goes on we see more children like that. Hmm, equally its important
for me that children who are in school who have not got these
academic abilities to go to university, what I tell them is that if
they want to become something like join the army, become the
carpenter, etc , whatever they choose to do whether its something
practical or vocational then they should have aspirations to do that,
to aim to do to follow they dreams , so it`s not only the case of you
must be an academic you must go to the university and this is what
we try to do in this school. Our aspiration wall in the corridor
reflects of what they want to do, and who they want to become, you
can see the range across there where everyone is equal of what they
want to be, a nurse, a doctor and police officer whatever it is. It`s
absolutely fine.
Gerli:
What
is your view on children as pre-citizens or citizens in training?
What does it mean in practise?
Mr
Richards:
I do recognise that these children are citizens already and what we
are trying to do is to further develop the skills which prepares them
to the future as well. Like being anecdotal when I first arrived to
school and took children to residential trip and I sat next to the
child and he was very uncomfortable and I asked what the problem was
and he said that head teachers should not be talking with children
and I was totally taken back because it goes against everything I
believe in. and I was astounded and now I encourage children to have
a conversation with me in the corridor, what I do even as far as to
year one, reception, (pause), when I first started in this school I
walked down the corridor and seeing year six student I would say good
morning, and they so look at me with big eyes, I developed this
further and now I say good morning to child by naming his/her name.,
how are you today, how are you today Mr Richards, so now we got
conversation that children feel confident talking with me, it puts
the child in ease. Also whenever we get visitors to school, it is
very rare I lead the visitors within the school, emm, children
usually take the visitors to a tour within the school and they talk
about the rights and tell what is happening within the school, and
they tell what is wrong and I don`t mind it at all because I haven`t
got anything to hide and emm I allow children to meet with governors,
they are also involved in planning process. But what we find is that
99% of the time or very rarely we get the child who comes up with an
idea that was part of the plan to be but together anyway… you just
need short of to manipulate it slightly to get where you
wanted to
go but they will come up with many many ideas…
Gerli:
So you
treat them as equal members with you?
Mr
Richards: Yes absolutely, I agree with you whole-heartily, children`s rights
can be met if they are treated equally with adults, but it also
depends on how confident staff is to use their rights, we are excessive 67 staff in a school and you have peaks and
falls of how
confident staff is in using rights and treating individuals as equal,
amm (pause) we are all different personalities and I often say to
children in assembly of what makes the school or any society is that
we are all different and the fact that we are all different and if we
would be all same it would be very boring, and it would be a very
poor world to live in, I often tell them that school is an empty
shell and when people come to school they make the school and its ok
to be different and its ok to express different opinions , these are
the things we encourage. The key thing for me is as well (pause) that
we are sending a different message to the learning, different message
to the system, one step forward is going to be how secondary
education is changing to accommodate the learners we are sending
through. There are some teachers, not all in secondary establishment
who are more like dinosaurs`, so they are far more reluctant for
change and more reluctant to accept that emmm (pause) as I said
earlier that its ok to be different , and have an opinion, and to
fail, because these teacher are living in these small hubs of history
department, geography department etc. emmm, an so its assuring that
we are hopefully starting off these children in the right foot.
Gerli:
Regards with Swansea, could you tell me more about their approach of
making all the schools in Swansea Rights Respecting Schools.
Mr
Richards: The
local authority became the first or one of the first local
authorities in wales to whole heartily to adopt the UNCRC and in fact
Sten came down in a day they launch it. There is a rollout programme
because we are one of the hubs of training programme for other
schools to become trained up to rights respecting schools, emmm, in
terms of the training programme I do not know how far they have gone
out with that , in terms of how they have rolled out the information
to other organisations and primary schools. The local authority has
set the funds to finance the raining for schools, emmm council`s
speaker Mitchel something is the person to applicate in terms of the
rights approach. Also Sarah
Hook , Welsh Manager coordinator for
UNCRC, she has actually come down to our governing body, emm very
shortly, and she is also part of the
team promoting rights across the
Swansea. Maybe there is something I can talk with Sarah Hook, and
perhaps I speak with her and you could contact her.
Gerli:
Is
citizenship agreed upon in their experience, or is there a confusion
or
resistance to children`s rights, or encouraging participation.
Mr
Richards: No
I don`t think its confusion, but what I find that there is
historically in Wales in schools, there is always been more values
driven curriculum and ethos within the school, so they always have
had almost like rights approach, but it has not been called rights,
and what is happening now is that schools are recognising that yes
they do follow the UNCRC rights and have them in some time. What the
assessments have done in school in is that there is acknowledgment
that some schools have taken step further in their approach. Emmm,
what I was saying earlier about secondary schools is that it`s
important to look at that there is not perhaps resistance in
secondary schools but they are not as far down the line as primary
schools in terms of rights. They would argue back perhaps that there
is much more strains in the timetable and curriculum within the
secondary system and its far more difficult to
manage because of the
different departments and number of students and staff. It takes far
more longer to implement, so (pause) perhaps the resistance is the
wrong word, perhaps it can be said that there is more work to be
done. (pause) there is a big change going on because we have the
school councils what we call the Cadle Rights Ambassadors, that’s
been continued to secondary education , the restorative practise is
used by the secondary education.. Children are going there and they
are talking about rights and so they are almost emmm affecting the
change themselves and moving it forward in their education journey.
Which I find is fantastic children should be driving force forward
what is happening in the education system.
Gerli:
So it means that children have valuable contribution to give to the
curriculum planning? How they can contribute valuable insight to
curriculum planning..
Mr
Richards: to
a point yes, but as I said earlier there are aspects in the
curriculum where you have to accept how things are, like you can`t
affect the change in mathematic theories, but it’s the way things
have developed and the school ethos, and school being a learning
environment that make children confident, allowing to access them to
the curriculum. That the key thing I find how things are learnt in
school not what subjects we teach.
Gerli:
Thank you, you have answered most of my questions already, so I have
got few left to ask. In relation to citizenship education, is
teaching about or for citizenship is different in Wales?
Mr
Richards: Yes,
yes there is, (long pause) and emm, it is a challenge, it is a
challenge because (long pause), the previous education minister
Andrews was very much driven by standards, data and numbers emm and
there is still a
pressure on schools to produce every improving data
emm its emm (long pause) emm its an area of great concern for
schools, for us as headteachers, there is expectations within schools
that standards should this (increase, go up), and its impossible emm
children are not robots, they don`t learn like that, emm they develop
as individuals, like with Sten, there are situations in children`s
life when they are going through turmoil and maybe something is
happening that affects their learning so they are learning like this
(up and down)… children are
expected to do this in terms of data.
Gerli:
So is it because Wales is more deprived with rest of the UK and that
is why they have different approach to citizenship education?
Mr
Richards: emm,
(long pause)…we also have foundation phase in Wales emm and we are
pilot school for the foundation phase emm (long pause) and this has
come from Scandinavian, emm (long pause)… and emm, we don`t talk
about age we talk about stages and we talk about that a lot at school
and we are looking at what stage the child is rather than looking at
the age amm, we also look at here when the child is
ready to develop
to the next stage in their learning , developing next level of
understanding in particular concept but (long pause) this seems to be
(long long long pause) there are two traits of tought and we are
finding it now is that because of the pressures in terms of standards
and outcomes (lpause) we have the literacy and numeracy
testing starting up next week from children from seven upwards (pause) which
goes completely against the process and ideology we have at school
and what we have been told and in a number of years in terms of
education in Wales.. because we allow children to develop skills and
we give them tools and emmm, you know emmm, and when they are but in
a test scenario we almost take away all this support mechanism, so we
put them in to
alien environment and expecting them to produce a
piece of work which is emmm…they put them completely alien
environment and that has been used as a
stick to beat the school
because that is what school is judged upon on and that’s how they
see what standards we have at school. but what we are saying is that
we are preparing our children for the longer term in education
journey compact with rights compact with global citizenship
education… emm yes we do teach our children the literacy and
numeracy skills and the academic aspect of it , we are preparing
these children to learn for the longer term journey and so it`s
almost like emm unselfish way of learning because we are not so
much interested… yes we are interested of their outcomes but more
importantly is how these children develop later on in their life, so
we are giving them rounded, holistic approach to education and in
primary school ensuring that they have a good start good base to look
from and hopefully they will fly as they go on from here emm that’s
what I think
Gerli:
emm I am almost finished, one of the things I would like to ask is
are citizenship agendas also politics for children and is there much
use of the word politics… emm. Do you think young people today are
let down by lack of political knowledge or impact- or they are to
young
Mr
Richards: (very
long pause).. that is a massive question.. there are aspects to
(pause), to and I think that (pause) there are times when I am
feeling that children are not allowed to be children anymore and we
expect them to be adults before they are ready to become adults so I
think they lose lot of their childhood because 9Pause) home life,
society expects them to be adults before they are ready to become
one, (pause)… they are exposed to so much media so much heartache,
living in home in times so many.. emmm there maybe…neglect or
whatever it may be and so that they are put in the situation where
they (pause).. I certainly find from my experience is that if we
don`t give children enough credit for their resilience and for their
attitude really to understand the situation and we act accordingly
and so my answer would depend upon.. I would not often say that but
depend upon where there you are talking about and how emm where the
children are coming from (pause) would depend on greatly what my
answer would be because (long pause) you have to deal with situations
with children differently by knowing their background and so emm
(long long pause) like some children are expected to care for their
parents and yet we are then trying to do is that we would allow them
when they are school to have their childhood because the minute they
walk out the
door in here they are expected to go back to being the
caring alomost like an adult with their parents emm, (long pause) the
reverse of this is that there are some parents who emm keep their
children children as long as possible and far too long and so you
need to teach those children to have that resilience to understand
that there is more in life than just them and because they are the
focus of their parents they generally don`t know how to react to any
testing situation so you have to look at that emm, (long pause) we
have to be careful how we approach to it emm but we have parents
within the school who don`t have those parenting skills who don`t
have that understanding of that my role is to protect my children to
look out for them, they see the role of the child as almost doing it
for them and there are all sorts of anecdotal stories which I can`t
share because of the confidentiality where children are expected to
do far an above any child or even adult would be expected to do from
their parents so we (pause), this is why I say that when we are
looking at the children within the school we can`t just look at their
academic development , we have to look at their self-esteem, we have
to look at the nurturing, we have to look at their psychological
state and their mental state, to access the curriculum because I find
it quite amazing in times how resilient some children are when I hear
the horror stories they have had
outside the school and despite they
come to school and follow the set of rules and principles and the
ethos within the school and so far removed from their home life that
is, its outstanding the fact that they even turn up to school every
morning , got themselves ready ,
dress themselves and get their own
breakfast, it it is outstanding. We also have children coming from
the
West Swansea emm, high self-esteem, because they have everything
they need or believe they have everything they need and emm
well-resourced and so emm but what we need to do is that avoid the
situation to build a culture within our school emmm, that children
within our school to have the self-esteem and they will know they
have got everything, that emm they feel they are equal to other
children and the well-off children are nothing better than them.. so
when you turn up to a
football tournament I am equal I am not… emm
they are not better than…and what we find that when we are going to
the football or netball tournament emm you do get the sense of .. our
children going to their shell in times and you, emm, you stick your
chest out and you are from Cadle and you wear you badge with pride
and… it’s a fantastic place to be and fantastic school to come to
and more we see that and I am glad to say that Cadle has a very good
reputation in Local Authority.., children holding they heads high…I
wanted to mention another thing but it has gone out of my mind.
Gerli:
Coming
back to the question for a moment emm, do you think are children do
young to have a political knowledge?
Mr
Richards:
emm I think I do not produce only future politicians in this school
(laugh) but emmm I do think is that, I do feel that children from the
very early age are able to express an opinion on lots of global
issues and can quite articulated of how they express their views and
their level of understanding is, differs yes but emm but what we are
trying to do is that to allow them to have an opinion we encourage
them to have an opinion we open up debate about different things in
learning environment and emmm.. also as part of our curriculum we
also do lot of persuasive writing and what we tend to do is that to
use certain extent news media and what we have in
class is both sides
of the argument and and and act for and against and they talked about
David Cameron and there were arguments for and against him, they
stood up and debated for it within the class and you know there are
all sorts of this we have done but we emm talk in the classes that
its ok to have a different opinion to
someone else and predominantly
I can say 100% that anyone who would for the country have different
opinion and its norm to have a different opinion about certain things
emmm…
Gerli:
My last question, it is last I promise… emm about participation,
what is the biggest challenge for you in hearing children`s voices.
Mr
Richards: for
children participating in the curriculum, in school.. yeah, there is
a balance there yeah, that what we are talking about the
responsibility and I think that you have to go through it in a way,
very slow and emm planned process of how you are going to deliver and
how you take things forward and that everybody is understanding of
what is what we are trying to achieve within the school because it is
nothing like a quick fix and everything is fine and done in school
and you are rights respecting school, it’s a journey we are still
on emm but (pause) we assure participation in the way that emm as an
example we use the lollypop system, we
have
lollypop stick in the classroom with every child`s name on it and so
what we find in many classrooms is that many children may have the
answer but the child do not have the change to give his/her answer
and what the lollypop system allows us to do is to give the child an
opportunity to give their response so it allows the teacher to assure
that everybody has the opportunity to speak so they have the lollypop
sticks and they pull them out and in
random in times and then ok emm
Sten your name is out and tell me what you feel about this and so on
emm so we use that approach showing that it allows them to
participate, emm we make sure that all children can participate
despite their circumstances, it is giving a support mechanisms to
education that they can access the curriculum and there is no child
within school that is left emm (pause) to disadvantaged to any other
child in theory, so that is what we are trying to achieve in this
school that everyone has an equal opportunity to achieve whatever
their potential is and teachers now their children so…
Gerli:
Teacher do get lots of training regard of the UNCRC?
Mr
Richards: I
should have brought them up and show you the training programme and
what we have done as a school, the portfolios and evidence we but
together for Level 1 and Level 2 assessments and emm we had and it is
still part of our school development plan that rights is in forefront
of what we do emm so staff will meet and discuss how we would
approach and when we started we put together a group who were linked
to making the application and how we are actually going to meet the
requirements to complete the application for the level 1 and then we
have a group working at of how to embed it to the curriculum and we
had a group of staff looking at of how to embed it to a school ethos
and a wider sort of.. so they worked separately as a group emm and by
the assessment they were coming together and emm emm and completed
the level 1 and level 2 and it has been used as an example practise
for other schools of how they embed the UNCRC.
Gerli:
Thank you ever so much for your time I really appreciate it!!!
Mr
Richards: any time, it was my pleasure!!!
1 Mark Drankeford and Jonathan Scourfield and Sally Holland, `Welsh Children`s Views on Government and Participation`,
Childhood, 16 (2) (2009) 247-264 (p. 249).
2 Invernizzi, A. & Williams, J,
Children and Citizenship, (London: Sage Publications, 2008).
3 Howe Brian and Covell Katherine,
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100 UNICEF,
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104 Interview with Jamie Richards, the head teacher of Cadle Primary School Appendix 2)
105 Interview with Jamie Richards, the head teacher of Cadle Primary School (Appendix 2)
106 Interview with Jamie Richards, the head teacher of Cadle Primary School (appendix 2)
107 Interview with Jamie Richards, the head teacher of the Cadle Primry School
108 Wales Index of Multiple Deprivation – WIMD see UNICEF,
Rights Respecting School Award Assessment Report Level Two: Cadle Primary School109 Interview with Jamie Richards, the head teacher of the Cadle Primry School
110 Interview with Jamie Richards, the head teacher of the Cadle Primry School, (Appendix 2)
111 Interview with Jamie Richards ,the head teacher of the Cadle Primry School, (Appendix 2)
112 Interview with Jamie Richards, the head teacher of the Cadle Primry School, (Appendix 2)
113 Interview with Jamie Richards, the head teacher of the Cadle Primry School, (Appendix 2)
114 Interview with Jamie Richards, the head teacher of the Cadle Primry School, (Appendix 2)
115 UNICEF,
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117 UNICEF,
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120 Interview with Jamie Richards, the head teacher of the Cadle Primry School (Appendix 2)
121 Interview with Jamie Richards, the head teacher of the Cadle Primry School (Appendix 2)
122 Interview with Jamie Richards, the head teacher of the Cadle Primry School (Appendix 2)
123 Interview with Jamie Richards, the head teacher of the Cadle Primry School (Appendix 2)
124 UNICEF,
Rights Respecting School Award Assessment Report Level Two: Cadle Primary School125 Interview with Jamie Richards, the head teacher of the Cadle Primry School (Appendix 2)
126 Interview with Jamie Richards , the head teacher of the Cadle Primry School (Appendix 2)
127Interview with the head teacher of the Cadle Primry School, Jamie Richards
128 Anne B. Smith, `Interpreting and supporting participation rights: Contributions from sociocultural theory`,
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129 Interview with the head teacher of the Cadle Primry School, Jamie Richards
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132 Roger A. Hart, Children`s Participation: From Tokenism to Citizenship
133 The interview with Jamie Richards, the head teacher of the Cadle primary School (Appendix 2)
134 UNICEF,
Rights Respecting School Award Assessment Report Level Two: Cadle Primary School135 The interview with Jamie Richards, the head teacher of the Cadle primary School (Appendix 2)
136 UNICEF,
Rights Respecting School Award Assessment Report Level Two: Cadle Primary School137 UNICEF,
Rights Respecting School Award Assessment Report Level Two: Cadle Primary School138 The interview with Jamie Richards, the head teacher of the Cadle primary School (Appendix)
139 The interview with Jamie Richards, the head teacher of the Cadle primary School (Appendix)
140 UNICEF,
Rights Respecting School Award Assessment Report Level Two: Cadle Primary School141 Desforges, C. and A. Abouchaar (2003). The Impact of Parental Involvement, Parental Support and Family Education on Pupil Achievement and Adjustment: A Literature Review, Department of Education and Skills.
142 Janet Goodall and John Vorhaus and Jon Carpentieri, Greg Brooks, Rodie Akerman and Alma Harris,
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143 Howe and Covell, 2007, p. 7.
144 UNICEF,
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145 Mark Drankeford and Jonathan Scourfield and Sally Holland, `Welsh Children`s Views on Government and Participation`,
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