In the UK, there are laws that keep children safe and protect their rights. The purpose of this legislation is to ensure that children’s voices are heard, protect their safety and provide them with access to opportunities. Children’s rights must be considered and respected when planning services, making policies and making decisions. This ensures that all children are treated fairly and helps them to grow in to confident, independent adults.
UN Convention on the Rights of the Child
Children are protected by law internationally. The UK is part of the United Nations Convention on the Rights of the Child (UNCRC) and the European Convention on Human Rights (ECHR), both of which set out a number of children’s rights. A child is defined in the Convention as any person under the age of 18.
The UN Convention on the Rights of the Child (UNCRC) sets out the rights that every child in the world is entitled to. This enables them to survive, grow, participate and reach their full potential. Education, healthcare and social services all have to follow the standards set by the UNCRC.
The rights include:
- Equality: All children must have the rights in the Convention, no matter their race, sex, religion, language, disability, family background, or any other status. Children from minority groups have the right to use their language and culture.
- Best Interests: Decisions affecting children must consider their best interests. All organisations working with children must act in ways that benefit children.
- Family and Parents: Children have the right to be raised by their parents if it respects their rights. Children should know and be cared for by their parents, unless it is unsafe. The government must support parents to care for children. Children being adopted must have their best interests prioritised.
- Identity: Every child must be registered at birth, have a name, nationality, and know their parents. This helps access other rights.
- Going Abroad: The Government must make sure that children are not taken out of the UK illegally.
- Freedom of Expression and Opinion: Children can give opinions on decisions affecting them, which must be considered. They have the right to seek and share information safely.
- Thought, Religion, and Association: Children can practice their religion and express their views freely, as long as it does not harm others.
- Privacy: Children’s privacy, honour, and reputation must be protected.
- Protection: Children must be protected from violence, abuse, neglect, exploitation, torture, or cruel treatment. Children who have been abused should get help to recover. Refugee children must receive protection and care.
- Health and Wellbeing: Children must have access to healthcare, clean water, healthy food, and a safe environment. They should receive support if their parents cannot provide for them.
- Education and Development: Children have the right to free, good-quality education that helps them reach their potential and respect human rights. They also have the right to rest, leisure, and cultural activities.
- Work and Safety: Children must not do harmful work or use illegal drugs. They must be protected from abduction, trafficking, and other harm. Children cannot join the army before 15 and need protection in war zones.
- Justice: Children accused of breaking the law must be treated with respect, have legal support, and be presumed innocent until proven guilty. Detention should be a last resort and separate from adults.
- Play: Every child has the right to play, regardless of needs, culture, gender, ethnicity, background, or behaviour. The UNCRC recognises that play is not optional, it is vital for a child’s physical, social and emotional development.
Children’s Commissioner
Every nation in the UK has their own Children Commissioner whose role is to promote and protect children’s rights. They act as a voice for children and make sure their views are heard in decisions that affect them.
Laws to Protect Children
- The Human Rights Act 1998: This act sets out the rights and freedoms that every individual in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into British law.
- Equality Act 2010: This act protects children (and adults) from discrimination, prejudice, harassment and victimisation. This applies in housing, education, work and services. The purpose of this is to advance equality and opportunity for all.
How do children’s rights influence early years practice?
- Equality and Inclusion: Early years practitioners must create inclusive environments where every child feels valued and supported. Activities and resources should reflect diversity in culture, language, and ability. Adaptations should be made to ensure that every child has the opportunity to participate.
- Play: Early years settings need to uphold this right by recognising and valuing play as an essential part of child development.
- Best Interests: Children’s needs and well-being must guide decisions. Practitioners must consider each child’s physical, emotional, and social development when planning activities. They must also consider the interests and abilities of every child.
- Right to Participate and Express Opinions: Children have the right to share their views, and these should be respected. Practitioners should encourage children to make choices and express preferences, fostering independence and confidence. For example, allowing children to choose activities, snacks or play areas.
- Health and Wellbeing: Children have the right to good health, safe environments, and nutritious food. Practitioners must ensure clean, safe play spaces, healthy snacks, and routines that support physical and mental wellbeing. For example, daily outdoor play, hygiene routines, and healthy lunch options.
- Partnerships with Parents: Practitioners should work closely with families, respecting their values and supporting them when needed. For example, regular parent meetings, home visits, and guidance on child development.
- Protection from Harm: Early years settings must have safeguarding and child protection policies and procedures in place to protect children with abuse, harm or unsafe situations. Staff should be trained on how to spot abuse and report concerns.
- Reflective Practice: Staff should regularly reflect on their own biases and continually improve inclusive approaches to ensure their practice consistently supports children’s rights.
Children’s legal rights are essential for a safe, fair, and nurturing society. They give children a voice, protection, and opportunities to grow, learn, and thrive. Everyone, including parents, teachers, policymakers, and communities, has a part to play in upholding these rights.