Felicia Szloboda, UNCRC Project Officer at the Improvement Service, writes about the importance of empowering children to have their views heard for World Children's Day on 20 November.
November 20 marks World Children’s Day, the anniversary of the UN General Assembly adopting both the Declaration and later the Convention on the Rights of the Child in 1989. Today in Scotland this Convention means more than just an international commitment to children’s rights. The Scottish Government, local authorities, third-sector organisations and other partners are all working together to take forward children’s human rights ahead of the anticipated incorporation of the Convention into Scots law and ultimately implement it in practice, so children’s rights become a part of everyday life in Scotland.
This is a challenging task but not an impossible one. Here, at the Improvement Service, we support the work of local authorities in their journey to embed children’s rights in everything they do that affects children and young people.
The Convention establishes the rights of children in three areas: provision, protection and participation. 'Provision' refers to the obligation to provide services such as healthcare, education and housing to safeguard children’s well-being. ‘Protection’ means that the state and other duty bearers (actors that are legally required to comply with the UNCRC requirements) are obligated to protect children from harm, abuse and exploitation. While ‘provision’ and ‘protection’ are relatively straightforward to understand and agree with, ‘participation’ is an area that often needs more explanation and justification. For this reason, I have come up with five arguments why children should be empowered to have their views heard in decisions affecting their lives. This list is certainly not exhaustive but it intends to give an idea of the importance of participation.
Many articles of the Convention indirectly refer to the right to participate (for example, the ‘right to information’ under Article 13), however, Article 12 explicitly states that ‘[duty-bearers] 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.’ Therefore, it is a legal duty to ensure that children’s views are heard and are taken seriously. However, I would argue that children’s participation matters, not only because it is their legal right, but also because it is useful, morally just and helps realise other rights.
So, why should we empower children to have their views heard in decisions affecting their lives?
1 - It helps determine the best interest of the child in all decisions and actions concerning them.
- the best interests of the child - Article 3
The involvement of children in discussions and decision-making is a necessary component of ensuring the best interests of the child. Children have a great deal of knowledge and understanding of their lives, needs and concerns that derive from their unique experiences. It should be self-evident that when it comes to a child’s specific situation, the best source of information is the child themselves, but we often make the mistake of assuming what is best for the child, instead of allowing them to tell us what they think is best for them.
2 - It educates children and young people about their rights and empowers them to tackle abuse and neglect of their rights
- Duty to raise awareness of children’s rights - Article 42
- Protecting children from abuse - Article 19
Educating children about their rights encourages them to seek help when their rights are being violated. The traditional silencing of children means that abusers can continue to hurt children without any consequences. Providing a safe space for children to be heard empowers them to speak out when they experience violence, threat, abuse, injustice or discrimination.
3 - It helps promote inclusive societies
- Non-discrimination - Article 2
When we talk about children’s participation, we must remember that children are not a homogenous group. It is an easy mistake to only involve articulate and better-off children because they are easier to engage with, however, they do not reflect the breadth of children’s experience. We need to ensure the adequate representation of children of all ages, abilities and ethnicity as well as different cultural and social backgrounds. Inclusivity and non-discrimination are not about treating everyone the same way but treating everyone fairly - considering their specific needs to achieve an equal outcome for every child. Failing to understand and accommodate the needs of every child risks breaching their rights.
Inclusive participation provides opportunities for children to meet people from different backgrounds. This experience improves civic engagement and promotes tolerance and respect for others.
4 – It enhances the validity and legitimacy of decisions
When children’s participation in decision-making is done right, it validates and gives more legitimacy to decisions about children because they were made collaboratively with the very same children that are affected by these decisions.
5 – It helps realise children’s rights
The four general principles of the Convention are that children and young people:
- shouldn’t be discriminated against (Article 2)
- should have their best interests accounted for as a primary consideration (Article 3)
- have the right to survive and develop (Article 6)
- have the right to have their views heard and taken seriously (Article 12)
These four principles provide the basis for how the Convention should be interpreted and put into practice. As the above examples show, participation is a general principle, central to the realisation of all other rights and therefore an important concept that all duty bearers should understand and practise in order to comply with the requirements of the Convention.
There is a catalogue of resources available to support you with implementing the UNCRC:
- Understanding Children's Human Rights - A Guide for Elected Members in Scotland
- #Partycipation - Learn about the Participation Network
- 7 Golden rules for participation - CYPCS
- Scottish Government video - Children’s Rights and the UNCRC in Scotland: An exploration of rights in our communities
If you have any further questions about the UNCRC or would like support to implement its principles into your work, please contact the Improvement Service directly. There is also a Children’s Rights in Scotland group on the Knowledge Hub, where staff from Local Government, the public and third sectors can share best practice and discuss new developments.
Update: The UNCRC Bill received Royal Assent on 16 January 2024. The provisions of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 come into force on 16 January.