Every Child Doesn't Have Rights & Other Children's Rights Issues.
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Transcript of Every Child Doesn't Have Rights & Other Children's Rights Issues.
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Every Child Doesn't Have Rights & Other Children's Rights Issues
David StonehouseSenior LecturerTel: 01695 657003E-mail: [email protected]
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What Rights Do You Have?
List the rights you have as an adult. Prioritise the rights you have listed Would other people identify & prioritise their
rights differently Do children have the same rights as you? Do we, as a nation, promote the rights of
children? Do children have a high profile within our
society?
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Not All Rights Are Of The Same Order
Natural – Right to life Universal – UN Declaration on Human
Rights Time & Place – Due to living in a certain
country Welfare Rights – Legal benefits &
entitlements Political & Religious
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National Children’s Bureau (1992)
3 Main Approaches to Children’s Rights Protectionist – sees the role of adults as
guardians & defenders of children. Liberationist – claim that children are an
oppressed minority group Pragmatism – tries to strike a balance
between the two.
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What View Does The Government Take?
National Committee of Inquiry into Prevention of Child Abuse 1994-96 “Childhood Matters.”
identified that Universal provisions are failing to protect
children. Systems in themselves abusive to children High prevalence of poverty & deprivation. High tolerance of abuse in our society & this
helps to facilitate conditions which lead to abuse.
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CHILDREN ACT 1989
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Children Act 1989 Strongly influenced by the outcome of
the Cleveland Inquiry. Replaced a mass of complicated and
inconsistent legislation. Regarded as a major piece of reforming
legislation for children and young people.
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Public and Private Law Private Law. Covers private disputes
about children e.g;- living arrangements following divorce, paternity issues and child maintenance.
Public Law. Covers intervention by local authorities e.g.;- compulsory intervention by social services and voluntary provision of services and the regulation of substitute care (fostering and child minding etc.)
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Main Principles of the Children Act 1989.
The welfare of the child is paramount. Parental Responsibility-
physical,emotional and moral welfare. Partnership- working together. Participation- take into consideration
children’s wishes and feelings. Protection- from serious harm, s.47. Provision- of services, s.17.
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Welfare Principle. Child’s welfare is paramount. Courts should pay regard to:- -Wishes and feelings of the child. -Physical, educational and emotional
needs. -Likely effect of any change in
circumstances. -Age, sex, cultural and linguistic
background.
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Welfare Principle - Harm suffered, or at risk of suffering. - Capability of parents and any other
person in meeting the child’s needs. A range of powers are available to the
court. The court should only make an order if it
is in the child’s best interests.
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Who has Parental Responsibility? Child’s mother Where a child’s natural mother and natural father were
married to each other at the time of his/her birth. A father not married to the mother does not have PR. He
can acquire it- births registered after 1st December 2003 if fathers name appears on birth certificate as the father- re-register the birth to include fathers name as the father.- marry the mother of the child.
■ Adoptive parents, from the date of adoption. Parents cease to have responsibility
■ Those with a residence order. Parents retain responsibility■ A Local Authority. Parents do not lose responsibility■ Guardian – parents can appoint before death, or court
after.
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Partnership Families matter Wide definition of family, the Act
recognises the part played by significant others e.g. extended families, foster families.
Rights that parents have flow from their duties toward their children.
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Successful Features of Partnership.
Recognise unequal power between professionals and families.
Shared commitment to negotiation on how to safeguard children’s welfare.
Mutual respect for viewpoints. Recognise and address parents needs. Good communication skills and
establishment of trust.
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Protecting children. Children have a right not to be
mistreated and adults are in a position to act as advocates to prevent mistreatment continuing.
Abuse of any sort can cause long-term effects both for the child and others.
Tackling abuse could be one of the most productive things we do to protect future generations from abuse.
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S.47 Children Act 1989 Where a child is suspected to be suffering, or is
likely to suffer significant harm Section 47 enquiries are undertaken.
All reasonable attempts must be made to gain the co-operation of parents.
Without co-operation there are a variety of legal powers available to protect children e.g.EPO
The authority must make such enquiries as are necessary to decide on required action, advocates multi-agency consultation.
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S. 17 Children Act 1989 Duty to safeguard and promote the
welfare of children in need which includes providing support and services for their families.
The effectiveness with which a child’s needs are assessed will be key to the effectiveness of subsequent actions and services, and ultimately to the outcomes for the child.
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CHILDREN ACT 2004
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Driving Force For Children Act 2004
2003 Green Paper Every Child Matters recognised the need for the government to bring about radical changes in the whole system of children’s services.
Every Child Matters sets out an agenda for change to be led by Local Authorities and now The Children Act 2004 strengthens this through statute law.
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Children Act 2004 Provides a legislative framework for
improving children’s lives Covers universal services which children
access. Encourage integrated planning,
commissioning & delivery of services for children.
Gives Local Authorities the lead role to bring together local partners
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Five Key Outcomes Recognised
Be healthy Stay Safe Enjoy & Achieve Make a Positive Contribution Achieve Economic well-Being
The Children Act 2004 Gives Legal Force To These Outcomes
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The UK Children’s Commissioners
■ Maggie Atkinson – England■ Tam Baillie – Scotland■ Patricia Lewsley-Mooney – Northern
Ireland■ Keith Towler – Wales
Champion Children’s Needs9th June 2008 Presented paper “UK Children’s
Commissioners’ Report to the UN Committee on the Rights of the Child.”
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UK Children’s Commissioners’ Report to the UN Committee on the Rights of the Child. 9th June 2008
■ 12.4 million Children 0-19 yrs in England■ 3.1 million children living in poverty.■ 1 million children living in poor housing.■ Child mental health has deteriorated over the last
30 years.■ Obesity in children has risen by almost 50% in
the last ten years.■ High numbers of children are locked up,
compared to other EU countries.■ Children feel increasingly pressurised by school,
exams & commercial marketing.
(Aynsley-Green, 2008)
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U.N. CONVENTION ON THE RIGHTS OF THE
CHILD 1989
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UNICEFUnited Nations Children's Fund
United Nations International Children's Emergency Fund
UNICEF’s mission is to advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full
potential.
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U.N. Convention on the Rights of the Child 1989
Reports of grave injustices suffered by children: high infant mortality, deficient health care, limited opportunities for basic education. There was also alarming accounts of children being abused & exploited as prostitutes or in harmful jobs, of children in prison or in other difficult circumstances, and of children as refugees and victims of armed conflict.
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U.N. Convention on the Rights of the Child 1989
■ Ten Years in Consultation with a wide range of experts.
■ Adopted and opened for signatures, ratification and accession by the General Assembly of the United Nations on the 20th November 1989.
■ Came into force on the 2nd September 1990 after the minimum number of 20 countries had signed and ratified the convention.
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U.N. Convention on the Rights of the Child
UK ratified the convention on the 16th December 1991.
Ratified by every country in the world except two.
Countries are held accountable to the international community
Non negotiable standards & obligations
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U.N. Convention on the Rights of the Child 1989
■ Each country is required to submit reports to the “Committee on the Rights of the Child.” Independent body of experts.
■ 2 years after initial ratification and then every 5 years thereafter.
■ Stating how the articles and standards of the convention are being implemented and reporting on the status of children’s rights.
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Four Core Principles of the Convention
1. Non-discrimination
2. Devotion to the best interests of the child
3. The right to life, survival and development
4. Respect for the views of the child
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Children’s Rights Are Set Out In 54 Articles4 Categories of rights
1.Guiding Principles
2.Survival & Development Rights
3.Protection Rights
4.Participation Rights
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Article 31
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.
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Article 31
Plowden (2010:6) states that having Article 31 “makes a clear statement that play is a right in children’s lives that is equal to any other.”
As Playworkers we must
Be advocates
Be Champions
Be Inclusive
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Article 12
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
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Article 12
As playworkers we need to ensure that children and young people are consulted in all aspects of our play provision (Davy & Gallagher, 2006).
We need to make them active members in decision making (Cole-Hamilton, 2008).
As Playworkers we must
make sure that it is not lip service only
and recognise and remove barriers
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Article 13
1. States Parties shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.
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Article 13
As Playworkers we must
Allow children freedom to express themselves
Also provide information in a range of media
However, we must also be aware that freedom of expression of one child must not violate the rights of another, where for example discriminatory views are being voiced.
(Cole-Hamilton, 2008)
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Article 23
1. States Parties recognise that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community.
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Article 23As Playworkers we must
Make our play provision as open and welcoming to all children
Is your provision accessible to all?
Can disabled children participate fully in the play experience?
As Plowden (2010:16) states “disabled children, or those with specific needs, often miss out on the opportunity to freely play in an environment where they feel safe to do so.”
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Highlights Of The Convention Every child has the inherent right to life, and states
shall ensure to the maximum child survival & development
Every child has the right to a name and nationality from birth
Children shall not be separated from their parents, except by competent authorities for their well-being
Parents have the primary responsibility for a child’s upbringing, but states shall provide them with assistance & develop child-care institutions
Primary education should be free & compulsory.
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Children Everywhere Without Discrimination Have
The Right To Survival To develop to their fullest potential To protection from harmful
influences, abuse & exploitation and To participate fully in family, cultural
& social life.
UK/Mozambique Statistics (UNICEF, 2008)
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Under 5 Mortality rate
UK
1960 27
1990 10
2008 6
Under 5 Mortality Rank
158 out of 199
Mozambique
1960 313
1990 235
2008 138
Under 5 Mortality Rank
20 out of 199
Life Expectancy At Birth UK 2006 79
yrs
Mozambique 2006 42 yrs
Primary School Enrolment/Attendance
UK
2000-2006 99%
Mozambique
2000-2006 60%
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ADVOCACY
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Playwork Principles (Skills Active, 2004)
4.For playworkers, the play process takes precedence and playworkers act as advocates for play when engaging with adult led agendas.
“The role of the playworker is to champion the right of the child to play and question adult agendas.” (Conway, 2008:121)
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Why advocate?
■ Children are sometimes hopeless because there is no hope, helpless because there is no help and compliant because there is no alternative. Powerlessness is the food they eat, the air they breathe and the beds they sleep in. (Kitzinger,1990:173)
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Definition of Advocacy
■ Advocates are risk takers who challenge the status quo (Royea and Appl, 2009)
■ Child advocacy is any individual or cooperative action that strives to enrich the lives of children, including challenging injustices and promoting overall welfare (Pithouse and Crowley 2007).
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Advocacy is speaking up for, or acting on behalf of, yourself or another
person. (Cambridgeshire County Council, 2008)
Advocacy
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BibliographyAynsley-Green, A. (2008) UK Children’s Commissioners’ Report to the UNCommittee on the Rights of the Child.
Cambridge County Council (2008) What is Advocacy? http://www.cambridgeshire.gov.uk/NR/rdonlyres/319F70A9-C8D0-4AEB-81B1-D747E8959EC5/0/Whatisadvocacy.pdf (accessed 24th November 2011)
Cole-Hamilton, I. (2008) Children’s Rights and Play. In Brown, F. And Taylor,C. (eds) Foundations of Playwork. Berkshire: Open University Press.
Conway, M. (2008) ‘The Playwork Principles’ In: Brown, F. & Taylor, C. (eds) Foundations Of Playwork. Berkshire: Open University Press. pp. 119-122.
Davy, A. & Gallagher, J. (2006) New Playwork: Play And Care For Children 4– 16. Fourth Edition. London: Delmar Cengage Learning. Department For Education & Skills (2003) Every Child Matters, London: HMSO Department of Health (1989) The Children Act. London: HMSODepartment of Health (2004) The Children Act London: HMSO
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BibliographyKitzinger, J. (1990) ‘Who Are You Kidding? Children, Power, and the Struggle against Sexual Abuse’, in A. James and A. Prout (eds) Constructing and Reconstructing Childhood: Contemporary Issues in the Sociological Study of Childhood, pp. 157–83. New York: The Falmer Press.
Pithouse, A.,Crowley, A. (2007). Adults rule? Children and Early Childhood Education Journal (2009) 37:89–91Plowden, L. (2010) ‘Article 31: A Playwork Perspective.’ Play Today. Winter (68) p 16.
Royea, A., Appl, A. (2009) Advocacy and complaints to social services. Children and Society, 21, 201–213
Skills Active (2004) Playwork Principles. http://www.skillsactive.com/playwork/principles (accessed 24 November 2011)UNICEF (2008) Information By Country www.unicef.org/infobycountry (Accessed on 9/11/10)