How does the UN Convention on the Rights of the Child (UNCRC) define a child?
Article 1 of the UN Convention on the Rights of the Child (UNCRC) defines a child as a person under 18 years of age. The UNCRC also identifies the child as a recipient of adult care and concern. This is reflected in the way children's rights are presented as obligations owed to children by the State and adults generally. For example, a children's right not to be discriminated against is presented in Article 2, as a duty of the State to protect children from discrimination of any kind. A second concept is one of children as contributing participants to decisions affecting their own lives. While they may not be eligible to vote, children are young citizens who should be enabled to play an active role in the society in which they live in preparation for responsible adulthood. It is also important to note that the Childcare Act 1991 defines the age of majority (the age at which a child becomes an adult) as 18.
Is the role of the family protected in the UNCRC?
Yes. The UNCRC acknowledges the primary role of parents and the family in the care and protection of children as well as the obligation of the State to help them in carrying out these duties. Article 5, for example, states that:
"State 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 recognised in the present Convention."
Are the rights of parents protected?
In upholding the rights of children, the UNCRC does not infringe on the rights of parents to decide what is best for their children. Instead, it specifically states that governments shall make every effort to keep families intact and shall provide support and assistance to parents in fulfilling their responsibilities with regard to the upbringing and development of their children. The promotion of children's rights is not a matter of placing children in conflict with the adult authorities in their lives, but of encouraging all citizens to work together for a safe, healthy and productive future for children. Article 18 of the UNCRC, for example, states that:
"State 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 shall be their basic concern."
The Article goes on to state that:
"... for the purpose of guaranteeing and promoting the rights set forth in the present Convention, State 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."
What does 'a child's right to have a say' mean?
The intention of Article 12 is to encourage adults to listen to the opinions of children and involve them in decision-making. It does not give children authority over adults and does not interfere with parents' rights and responsibilities in relation to matters affecting their children. The UNCRC recognises that a child's participation in decision-making must occur in a manner that is appropriate to the child's age and maturity. The UNCRC encourages parents, judges, social workers, childcare workers and other adults responsible for children to consider the child's view and to use that information to make decisions that will be in the child's best interests.
Read more about the UN Convention on the Rights of the Child