Frequently asked questions
What are children’s rights?
Children’s rights are a set of entitlements for all children, whatever their age and background. Most people use the UN Convention on the Rights of the Child as their guide to children’s human rights. This international human rights treaty took 10 years to develop, and grants children in all parts of the world a comprehensive set of economic, social, cultural, civil and political rights. The UN Convention was ratified by the UK Government in December 1991. By doing this, the Government gave it the status of international law.
What are the basic beliefs behind children’s rights?
Children’s rights advocates believe that children and young people’s lives are precious now. We see that children and young people are discriminated against because of their age, and we work with them to make change happen.
Children’s rights advocates believe strongly that children and young people should always have a say when decisions are being made that affect them.
Some people mistakenly believe that children’s rights are about children and young people acting irresponsibly with no thought for others. Another common misconception is that children’s rights deprive children of their childhood.
Human rights treaties, including the UN Convention on the Rights of the Child (UNCRC), never give human beings unfettered rights: children, like adults, must respect the rights of others. In addition, there is no need to be concerned about children being robbed of their childhood: the UNCRC was designed completely around children’s lives and needs and includes, for example, the right to play and the right to education.
Can children have rights without responsibilities?
Children and young people do have responsibilities: many have jobs, some care for relatives, a large proportion are school or college students. They must all respect other people’s rights and act within the law. However, human rights are not conditional on behaviour or responsibilities – they belong to us simply because we are human.
How old do children have to be before their views must be listened to?
Article 12 of the UN Convention on the Rights of the Child states that ‘any child who is capable of forming his or her views [has] the right to express those views freely in all matters affecting them’. All human beings have feelings and research shows that very young children can help to make difficult decisions such as those relating to health care.
Won’t emphasising rights encourage children to disrespect adults?
A commitment to children’s human rights shows that adults respect children and young people, and take them seriously. This can only make relationships better, not worse.
Can children go to court if their rights are breached?
Children and young people are not able to go to court if their rights under the UN Convention on the Rights of the Child are breached. However, children and young people can use the courts if their rights under UK law are violated. This includes civil and political rights protected by the Human Rights Act 1998; rights in education, health and social care; and rights set out in anti-discrimination legislation. In the same way as adults, children and young people can take a human rights case to the European Court of Human Rights in Strasbourg, France.
Isn’t it better to talk about children’s needs rather than children’s rights?
Children’s human rights are based on their needs. An emphasis on rights is important because it shows that children and young people are citizens who have legitimate claims on society.
The UN Convention on the Rights of the Child (UNCRC) is clear that parents have the first and the most important responsibility to meet children’s needs but that, if parents cannot meet their responsibilities, then society and the state must shoulder them.
Definitions of what children need are subject to professional and political judgement, yet children’s human rights as expressed by the UNCRC are clear and universal: they apply to all children.
What happens when children’s rights clash with cultural or religious traditions?
The UN Convention on the Rights of the Child (UNCRC) stresses the role of parents in looking after, guiding and supporting children, according to children’s ‘evolving capacities’. This means that as soon as children are able to make informed judgements about cultural and religious matters, they have the right to exercise choice. In addition, all actions taken that affect a child or young person should be in their best interests.
How well does our country respect children’s human rights?
The UN Committee on the Rights of the Child monitors how well governments uphold children’s human rights. In October 2008 it issued a very critical report on the UK’s compliance with the UN Convention on the Rights of the Child, with 124 recommendations for action on children’s human rights. These recommendations covered many vital areas, from juvenile justice to the rights of disabled children, from the protection of young asylum seekers to the right of children to privacy, and called (among other things) for the review and abolition of the use of anti-social behaviour orders for children, tighter regulation of reality television programmes that feature babies and children, and the prohibition of corporal punishment in the family.
Every year, CRAE reviews Government action on the UN Committee’s most recent set of concluding observations. Visit CRAE’s website for more details.
Is there an age limit for when children and young people can instruct solicitors?
There is no lower age limit for children instructing solicitors but they have to demonstrate that they understand the processes involved. In criminal matters, children are seen to be competent to instruct solicitors from the age of 10.
Is there anyone in the Government who has special responsibility to promote children’s human rights?
The Department for Children, Schools and Families has particular responsibility for ensuring the implementation of the UN Convention on the Rights of the Child in England. The Minister responsible is Beverley Hughes MP, Minister for Children, Young People and Families, sharing responsibility with Baroness Delyth Morgan, parliamentary Under-Secretary of State for Children, Young People and Families.
The Foreign and Commonwealth Office (FCO) and the Department for International Development seek to promote and promote children’s human rights internationally. The FCO has published an annual human rights report since 1998.
Where does the Children’s Commissioner fit in all this?
Professor Sir Al Aynsley-Green was appointed as England’s first Children’s Commissioner in March 2005, following a 13-year campaign co-ordinated by the Children’s Rights Alliance for England.
The Children’s Commissioner legislation – Part 1 of the Children Act 2004 – describes the Commissioner’s main duty as to promote awareness of the views and interests of children. This is much narrower than other Children’s Commissioners in Europe and in Wales, Scotland and Northern Ireland, whose role is to promote and protect children’s rights. However, England’s Children’s Commissioner must have regard to the UN Convention on the Rights of the Child. The office is called 11 MILLION (there are 11 million under-18s in England).
Does the Equality and Human Rights Commission work for children and young people?
The Equality and Human Rights Commission (EHRC) began its work in October 2007. During the passage of the legislation establishing the EHRC – Part 1 of the Equality Act 2006 – the Children’s Rights Alliance for England secured firm assurances from Government Ministers that this body will work with and for children and young people.
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