What are children’s rights and how do they apply in early education and care?

Children's rights are fundamental principles that should guide how we view and treat children in all aspects of life. These rights are enshrined in the UN Convention on the Rights of the Child and are deeply embedded in frameworks governing early childhood education and care.  

What are the fundamental rights of children? 

The United Nations Convention on the Rights of the Child (UNCRC) outlines children’s rights, which encompass civil, political, economic, social, and cultural aspects. The UNCRC emphasises the protection of children due to their inherent vulnerability and outlines key principles that should guide all actions concerning children. These principles include: 

• Respect for the best interests of the child as a primary consideration. 
• The right to survival and development. 
• The right of all children to express their views freely on matters affecting them. 
• The right to enjoy all the rights of the Convention without discrimination of any kind. 

The CRC is the most widely ratified human rights treaty in the world. Australia ratified the CRC in December 1990, which means that Australia has a duty to ensure that all children in Australia enjoy the rights set out in the treaty.

Australian Human Rights Commission

Children’s rights are grounded in the same human rights that apply to adults. However, the key difference lies in how these rights are enacted. Children require special safeguards and care, including legal protection, before and after birth. 

Viewing children as citizens today, not as developing or future citizens, places children in the here and now, being capable and resourceful able to express their opinions and participate in the civic, social, political, economic, environmental, cultural life of their family, school, community and country. 

How children's rights apply in early education and care settings 

Children's rights extend into every aspect, policy, curriculum, and environment within all early childhood and out-of-school-hours care settings. 

The National Quality Framework (NQF) in Australia aligns closely with the UNCRC, ensuring that children's rights are at the core of education and care practices. This alignment means that children have the right to: 

• Be heard and have their opinions respected. 
• Be free from violence, abuse, and neglect. 
• Thrive in a supportive environment. 
• Engage in civics and citizenship and take accountable actions. 

In practice, this means that educators must create environments where children feel safe, valued, and empowered to express themselves. Educators should respect that children have the right to be consulted and listened to and their ideas considered and embraced.  

Early childhood educators often draw inspiration from catchphrases that capture the essence of their daily work. An example of this is ‘children are capable and competent.’  

🤔 But what does this mean, and where is this visible in the daily interactions with all children across the service?  

Incorporating these statements into conversations assumes that every team member fully understands how to put them into practice across the service. This shouldn't be assumed, and such statements should be reflected on and unpacked in order to ensure that all team members are across their true meaning and how to enact them in day to day practice. 

Common misconceptions about children's rights in early childhood education 

1. The Convention on the Rights of the Child is sometimes misinterpreted in early childhood services as a tool to control or ‘manage behaviour.’   

Balancing all children's rights can create tension for educators as they navigate the daily interactions and conflicts between children. 

For example, many educators can remember times when they had to deal with competing rights, like when one child, through physical actions, takes away another child's right to play. 

The following general principles offer navigational tools to steer adults in developing a deeper understanding and respect for children’s rights: 

2. Another common misconception about the Rights of the Child is the belief that rights are tied to privileges. In reality, children's rights, like all human rights, are unconditional.

These rights are not contingent upon fulfilling any responsibility; they cannot be granted as a reward or revoked as a consequence of unmet obligations. 

Children’s rights are also universal, so both adults and children should be encouraged to respect rights, but this does not mean that a child’s rights are dependent on them respecting the rights of others. 

UNICEF 

• Consider the situation where a child systematically removes every block from the shelves, leaves an enormous pile of blocks, and walks away.  
• What is your response as an educator?  

Taking a guidance approach, an educator's response may be to invite the child to return to area and navigate the situation, discussing the identified issues. For example, safety and the rights of others to build with those blocks.  

Of course, there is a desired outcome and that is to repack the shelf.

Introducing the idea of the rights of others and working together collaboratively this can be achieved.

The scenario could be revisited later, using dramatisation or puppets, to help children problem-solve and reflect on the experience. These are valuable, ongoing learning opportunities that support social and emotional development. 

3. Some educators and parents worry that teaching children about their rights might lead to a sense of entitlement. However, the opposite is true.

When children understand their rights in an environment that respects them, they also learn to appreciate and respect the rights of others. This deepened awareness positively influences their relationships, behaviour, and attitudes. By incorporating a rights-based approach into policies developed collaboratively with children, families, and educators, children are more likely to embrace the ethos and respect the boundaries set. 

How educators can ensure they uphold children's rights in their daily practices 

Educators play a crucial role in upholding children’s rights. To do so effectively, they can: 

1. Incorporate children’s voices in decision-making processes, ensuring their opinions are heard and valued. 

2. Provide a safe and inclusive environment that respects the dignity and worth of every child. 

3. Reflect on their practices regularly to ensure they align with the principles of the UNCRC and the NQF. 

4. Engage in ongoing professional development to deepen their understanding of children’s rights and how to implement them in daily practice. 

Children’s rights are a vital part of early education and care, guiding how we interact with and support children in their development. A child’s right to be heard and taken seriously must also be respected at all times, and all actions must be done in a way that respects childrens' dignity. 

By understanding and implementing these rights in daily practices, educators can create environments that not only respect but also empower children, laying the foundation for a just and equitable society. 

Further reading:  

ACECQA: Reporting requirements about children

Unicef: The Convention on the Rights of the Child - Children's version

Australian Human Rights Commission: About Children's Rights

Save the Children: The Rights and Responsibilities of Children

CELA professional development relating to this topic: 

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