Childrens Right to Participation - Research Paper Example

Children’s Right to Participation [Name of the Student] [Name of the University] Children’s Right to Participation The international human rights instruments have established certain principles and obligations that apply to both adults and children. Several of the human rights instruments make a specific reference to children. These instruments incorporate suitable changes, in order to address the special needs for children (Detrick, 1999: 14 – 16). The Convention on the Rights of the Child integrates the rights of children that have been established by the various human rights instruments. It consolidates the rights of children by establishing guidelines for their protection and implementation (Understanding the Convention on the Rights of the Child, 2008). Every child is bestowed with the same rights, which are interrelated and of equal importance. The Convention acknowledges these principles and requires children to respect the rights of others. Undoubtedly, a child’s comprehension of these issues will vary with the age of the child. However, there is intention in these measures, to force children into situations that they cannot manage, on account of their tender age (Verhellen, 2000: 155 – 156). In 1990, Australia ratified the Convention on the Rights of the Child. As a consequence, Australia is required to promote the rights of children. Moreover, it has rendered itself accountable to the international community for the enforcement of children’s rights. The Convention enshrines four major principles; namely, implementing non – discrimination; ensuring the best interests of the child; promoting the right to life, survival and development; and according respect for the views of children (United Nations Convention on the Rights of the Child, 2009). The UNCRC describes four fundamental principles that constitute the basis for all the rights of children. These are non – discrimination, which is specified in Article 2 of the CRC; the best interests of children, which is enjoined by Article 3; the right to life, development and survival of children, as provided in Article 6; and respect for the opinions of children and their right to participate, which is the crux of Article 12. This framework provides a rights – based approach to children and their entitlements. This perspective transcends the rights provided to families that are safeguarded through the parents (Fernandes, 2007). The rights involved in this approach are wide ranging and include economic, social and cultural rights. The Commonwealth government of Australia ratified the Convention on the Rights of Child (CROC), subsequent to obtaining the consent of the Australian States and Territories (Trone, 2001: 33). The Australian Constitution makes the Commonwealth government responsible for the internal affairs of the nation, and the provisions of the CROC are binding on the governments of the States and Territories. The Federal Government, as a signatory to this Convention, is accountable to the UN (All About CROC, 2002). However, there are some misgivings regarding the extent to which it can compel the States and Territories to comply with the requirements of the Convention. The Australian Constitution bestows limited powers on the Federal Government, in the matter of overriding the legislation of the States and Territories (All About CROC, 2002). In addition, there is considerable confusion, as to whether this Convention is binding on the lower levels of government. Ratification does not indicate full compliance by the ratifying country, with the provisions of the treaty. In order to address this problem, Articles 2 and 4 of the Convention impose an obligation on the ratifying state to bring their laws into compliance with its provision (Ishay, 2007: 538). Accordingly, the governments of the Commonwealth, States, and Territories have to review their existing legislation, policies and practices, and identify areas that are not in compliance with the provisions of the Convention (All About CROC, 2002). Thereafter these governments are required to make changes to their laws, policies and practices, so that there is total compliance with the provisions of the Convention. The Commonwealth government had directed the governments of States and Territories to determine the conflicting provisions of their laws and policies, prior to ratifying the Convention. This provided the Commonwealth government with the required information for entering reservations to the Convention, in the areas of non-compliance (All About CROC, 2002). The CROC enables a ratifying party to enter a reservation, in respect of a Convention provision that is beyond the powers of that nation. However, Article 51.2 of the CROC does not permit a reservation that is incompatible with the purpose of the Convention. This stipulation prevents a country from entering a reservation to the provisions of the Convention, merely on the grounds that their government is not agreeable to it (All About CROC, 2002). The Committee on the Rights of the Child requires the ratifying parties to review their reservations, so that they can be withdrawn. Reservations affect the spirit, objective and purpose of the CROC. Thus, there should be proper grounds for entering reservations against any particular provision of the Convention. At the time of ratifying the CROC, Australia had entered a reservation, in respect of Article 37 (c) of the CROC. This reservation allows it to place children in cells or institutions along with adults, which is obviously hazardous to the safety of these children (Staff, 2009: 392). The development of the teacher is an essential feature of education. Not surprisingly it has been contended that education without research does not generate interest in what is taught. According to O’Donoghue and Brooker, the teachers must recognise their subjective beliefs about teaching, if teaching is to improve in its various aspects. Moreover, when addressing the educational needs of the very young, it is essential for the practitioners to have a greater understanding of the techniques adopted by them (Deans, Brown, & Young, 2007). Reflective thinking involves the analysis of a problem, arriving at a solution and employing this process to solve other problems; and to finally achieve comprehension of the entire issue. Donald Schan introduced the concepts of reflection in action and reflection on action. He dismissed the view that teachers were mere technicians, whose function was to transmit pre-formed knowledge to students. He proposed that teachers must evolve into professionals who establish their own practices and theories. Munby and Russell had contended that his point of view justified the description of teachers as artists. They further expanded on this idea and described teachers as individuals who would interact with their students in innovative problem – setting and problem – solving models (Deans, Brown, & Young, 2007). Article 28 of the CROC requires every child to be provided with free and compulsory education. Moreover, it requires children to be disciplined in school, without affecting their rights and dignity. Article 29 of the Convention requires education to promote the optimal development of a child’s personality, talents, mental, and physical capabilities. The CROC requires its signatory parties to convey the content of its provisions to every child and adult, in language that is easily comprehensible (Teachers, students and the United Nations Convention on the Rights of the Child, 2006). Article 12 of the Convention deals with the right of children to participate in negotiations and decisions that affect them, in a manner that best conforms to their age and maturity. This article specifies that this requirement applies to school and other contexts. Moreover, there are a number of articles in this Convention, which apply to teachers and schools, with regard to the rights of the child (Teachers, students and the United Nations Convention on the Rights of the Child, 2006). They should respect the right of children to be heard on issues that affect them. School managements are required to discipline students in a manner that ensures the safety of the school environment. They are also required to ensure that the behaviour of some students does not dissuade other students from attending their classes. It is the responsibility of the schools to teach children about their responsibilities towards their fellow students and society (Teachers, students and the United Nations Convention on the Rights of the Child, 2006). Moreover, the disciplinary processes practiced by the schools are required to be fair, clear and consistent with the rights of children. Childcare workers and early childhood teachers, or practitioners provided important information regarding the extent to which children had involved themselves in taking decisions. Although, decision making is an important aspect of their functioning, these practitioners were unable to provide a precise definition of this term. In general, practitioners were wont to combine several other ideas with decision making. The practitioner plays a great role in enhancing the learning capabilities of children by providing adequate information to them. It is the responsibility of the practitioner to increase the understanding of children about the consequences of their actions. (Hudson, 2008). Decision making is one of the major features of the role enacted by the practitioner. A majority of these practitioners acknowledged that children were expected to participate in the decision making process. The United Nations Convention on the Rights of the Child has been recognised by international law, as an instrument that deals with the rights of children. Under this Convention, children have the right to express their opinion, regarding decisions that affect them (Hudson, 2008). As such, children have to be permitted to participate in the decision making process, by being allowed to express their views and ideas. The ratification of the Convention automatically places this responsibility on the signatory parties. It requires signatories to find strategies and practices that increase children’s participation in several decision making processes. Consequently, the consultation of children has been stressed as an important task in encouraging them to actively participate in this process (Hudson, 2008). This task has been identified as a measure of policy development. Australia requires government organisations and NGOs to ensure that children are involved in the decision making process, and are allowed to express their views and ideas, where these decisions affect them. The Government of Australia has included this requirement in all its official documents. For instance, the literature published by the Australian Government, such as the Office of Children and Youth’s (Western Australia) Conversations with Children, contains information about the active participation of children in the decision making process (Hudson, 2008). This is representative of the Australian Government’s commitment in this area. At present, there has been a significant change in the role that teachers play. In the past, effective teaching included strict discipline, learning, and transmission of information to students. These traditional teaching techniques have changed, and teachers are required to promote critical thinking and self awareness among their students. In Australia, effective teaching is considered as the provision of education with values. In the year 2002, the government of Australia designed several programmes of values education, by engendering a change to the education policy. Thereafter the Commonwealth Government introduced a systematic study programme to review its existing values based education systems across Australia (Mergler, Curtis, & Spooner-Lane, 2009: 1). With the advent of the United Nations Convention on the Rights of the Child, a cogent body of rights for children have been stipulated. The lodestar of this international instrument is the notion that young people have the right to be heard, regarding their opinions on issues that pertain to them (Johnny, 2006: 17). The participation of children in schools has not been encouraging. This is in spite of the fact that there is consensus among the proponents of human rights that it is ethical to a greater degree to provide children with better opportunities to participate (Johnny, 2006: 23). It is a commonly held belief, amongst educators that they should decide on behalf of children, as the latter do not possess the necessary foresight. This is not only incorrect, but also an infringement of the rights of children to participate in the decision making process, with regard to decisions that affect them. The Convention, has stressed that educators have to modify their procedures and strategies, in order to ensure that such violation of the rights of children do not transpire (Johnny, 2006: 25). From the foregoing discussion, it is evident that the rights of children will be safeguarded to a major extent, if they are permitted to participate in the decision making process, in respect of decisions that have a bearing on them. List of References All About CROC. (2002, September). Retrieved May 27, 2010, from http://www.ncylc.org.au/croc/allaboutcroc1.html Conventino on the Rights of the Child. (1990, September 2). New York, United States of America: UN Secretary – General. Deans, J., Brown, R., & Young, S. (2007, December 11). The possum story: Reflections of an early childhood drama teacher. Australian Journal of Early Childhood , 32(4), 1 – 6. Detrick, S. (1999). A commentary on the United Nations Convention on the Rights of the Child . Martinus Nijhoff Publishers. Fernandes, R. M. (2007, September). A Child Rights Approach to Child Poverty – discussion paper. Retrieved June 2, 2010, from Eurochild: http://www.eurochild.org/fileadmin/user_upload/files/Eurochild_discussion_paper_child_rights___poverty.pdf Hudson, K. (2008). Involving Young Children in Decision Making: An Exploration of Practitioner's Views. Retrieved May 29, 2010, from Centre for Social and Community Research, Murdoch University: http://www.cscr.murdoch.edu.au/_docs/involvingchildren.pdf Ishay, M. (2007). The human rights reader: major political essays, speeches, and documents from ancient times to the present. CRC Press. Johnny, L. (2006). Reconceptualising childhood: Children’s rights and youth participation in schools. International Education Journal , 7(1),17 – 25. Mergler, A., Curtis, E., & Spooner-Lane, R. (2009, October). Teacher Educators Embrace Philosophy: Reflections on a New Way of Looking at Preparing Pre-Service Teachers. Australian Journal of Teacher Education, 34(5), 1 – 14. Staff, U. N. (2009). Multilateral Treaties Deposited with the Secretary General: Status as at 1 April 2009, Vols. I, II, & III. United Nations Publications. Teachers, students and the United Nations Convention on the Rights of the Child. (2006, February 24). Retrieved May 29, 2010, from Australian Human Rights Comimission: http://www.hreoc.gov.au/Human_RightS/children/teachers.html Trone, J. (2001). Federal constitutions and international relations . University of Queensland Press. Understanding the Convention on the Rights of the Child. (2008, February 26). Retrieved May 27, 2010, from UNICEF: http://www.unicef.org/crc/index_understanding.html United Nations Convention on the Rights of the Child. (2009, November 2). Retrieved May 27, 2010, from Queensland Government: http://www.childsafety.qld.gov.au/fostercare/rights-responsibilities/un-convention-child.html Verhellen, E. (2000). Convention on the Rights of the Child: background, motivation, strategies, main themes. Garant. Read More