LO1: Relate the theoretical, historical and political perspectives of

"

children’s rights "

Introduction:
The concept of children’s rights has evolved over time and has been shaped by various
theoretical, political, and historical perspectives. Children's rights are the entitlements and
protections that children have in society, and these rights are based on the belief that children
have inherent dignity, worth, and agency. This essay will explore the theoretical, historical, and
political perspectives that have shaped our understanding of children’s rights.

Theoretical Perspectives of Children’s Rights

The theoretical perspectives on children’s rights are diverse, ranging from the biological,
psychological, social, and cultural aspects of child development. In the biological perspective,
childhood is seen as a stage of development that is influenced by genetics and biology. From this
perspective, "children are viewed as passive recipients of biological and environmental factors,
and their development" is determined by their genes and the environment they are raised in.

In contrast, the psychological perspective views childhood as a period of significant growth and
development, where children actively construct their understanding of the world. From this
perspective, children are viewed as active agents in their own development, and their experiences
shape their psychological growth and development. In philosophy, "the idea of children's rights
can be traced back to the Enlightenment period, where philosophers such as John Locke and
Jean-Jacques Rousseau argued that children are born with natural rights that must be protected.
In psychology, the developmental perspective views childhood as a distinct period in life that
requires special protections and considerations". Finally, the sociological perspective views
childhood as a social construct that is shaped by cultural and societal norms.

The social and cultural perspectives on children’s rights highlight the importance of social &
cultural contexts in shaping the experiences and development of children. From this perspective,
childhood is seen as a socially constructed category, and children's experiences are shaped by
cultural norms and expectations.
Historical Perspectives of Children’s Rights
The historical perspective on children’s rights reveals that "the concept of childhood has evolved
over time, from a period of neglect and abuse to a time where children's rights are recognized
and protected". In the past, children were considered miniature adults and were expected to begin
working and contributing to the family's income at an early age.

In ancient times, children were viewed as property and had no rights of their own. "During the
Middle Ages, children were seen as miniature adults and were expected to contribute to the
family's livelihood". The Industrial Revolution brought about a new perspective on childhood,
where children were seen as a source of labor and were often forced to work in dangerous
conditions.

During the Enlightenment period, there was a shift towards the view that childhood was a
distinct phase of life that was separate from adulthood. This new perspective recognized the
importance of education and development during childhood, and childhood became a time of
innocence and playfulness.

The philosopher Jean-Jacques Rousseau famously argued that "children were born inherently
good and innocent, and that society corrupted them. He believed that children should be allowed
to develop naturally, without the strictures of adult society".

On the other hand, the religious view of original sin held that children were born sinful and
needed to be controlled and punished by adults to prevent them from becoming morally
corrupted. This view of childhood saw children as inherently flawed and in need of strict
discipline and instruction to become virtuous adults.

Another influential thinker on childhood during the Enlightenment period was John Locke. He
believed that "children were born as blank slates, or tabula rasa, and that their development was
entirely shaped by their environment and experiences". According to Locke, children needed to
be educated and instructed by adults to acquire knowledge and skills.

These differing views of childhood reflect the broader social and cultural attitudes of their time.
Rousseau's perspective reflects a growing belief in the importance of individual freedom and
autonomy during the Enlightenment, while the religious view of original sin reflects the strict
moral codes of the time. Locke's view of childhood reflects the growing importance of education
and the role of knowledge in shaping individuals and society.

Overall, these historical views of childhood illustrate the evolving nature of the concept and the
ways in which it has been shaped by cultural and social forces throughout history.

The concept of childhood as a distinct stage of development did not arise until the 19th century,
and children were viewed as innocent and vulnerable beings who required protection. "The
United Nations Convention on the Rights of the Child (UNCRC) was adopted in 1989, and it
provided a comprehensive framework for the protection and promotion of children's rights".

Political Perspectives of Children’s Rights

The political perspectives of children’s rights have been shaped by laws and policies designed to
protect children. "In 1959, the United Nations adopted the Declaration of the Rights of the Child,
which recognized children as individuals with their own rights". This was followed by the
Convention on the Rights of the Child in 1989, which established a set of international standards
for children's rights. Many countries have also established laws and policies to protect children,
such as child labor laws, compulsory education laws, and child protection laws.

The political perspective on children’s rights emphasizes the role of governments and
international organizations in protecting and promoting children's rights. Governments have the
responsibility to ensure that children's rights are protected and that they have access to education,
health care, and other basic needs.

LO2: Discuss how the rights of children are addressed in

contemporary society.
In contemporary society, the rights of children have become a significant concern for
individuals, governments, and international organizations. This has led to the development of
laws, policies, and programs aimed at protecting children's rights. In this essay, we will discuss
how the rights of children are addressed in contemporary society.

Legal Frameworks
In many countries, legal frameworks have been established to protect the rights of children.
These laws aim to prevent child abuse, exploitation, and neglect. For example, child protection
laws are in place to ensure that children are safe from harm and that their welfare is protected.
These laws address issues such as child abuse, neglect, trafficking, and labor. Here are some
examples of legal frameworks related to children:

1. United Nations Convention on the Rights of the Child (UNCRC): "The UNCRC is an
international treaty that sets out the civil, political, economic, social, and cultural rights of
children. It was adopted by the United Nations General Assembly in 1989 and has been
ratified by almost all countries in the world. The UNCRC establishes legal obligations on
governments to promote and protect the rights of children and provides a framework for
monitoring and reporting on the implementation of children's rights".
2. National Laws and Policies: Countries have developed laws and policies to implement
the provisions of the UNCRC and to address specific issues related to children. These
may include laws and policies related to child protection, education, healthcare, juvenile
justice, and social welfare. National laws and policies establish legal obligations on
governments, individuals, and organizations to protect and promote the rights of children
and provide mechanisms for enforcing these obligations.
3. International Humanitarian Law: International humanitarian law establishes legal
protections for children in armed conflicts. "The Geneva Conventions and their
Additional Protocols prohibit the use of children in armed conflicts and provide legal
protections for children who are affected by armed conflicts, including provisions related
to their care, education, and health".
4. Child Labor Laws: Child labor laws establish legal protections for children against
exploitation and abuse in the workplace. These laws prohibit children from working in
hazardous conditions and limit the hours and types of work that children can perform.
5. Anti-Discrimination Laws: Anti-discrimination laws establish legal protections for
children against discrimination on the basis of their race, gender, ethnicity, religion, or
other characteristics. These laws prohibit discrimination in education, healthcare, and
other areas of life.
6. Juvenile Justice Laws: Juvenile justice laws establish legal protections for children who
come into contact with the law. These laws provide special procedures and protections
for children in the criminal justice system, including the use of diversion programs,
restorative justice, and detention as a last resort.
The 1883 Factory Acts were a series of laws in the United Kingdom that regulated the working
conditions of children in industrial workplaces. These laws established a maximum 12-hour
workday for children in textile mills, set minimum age requirements for factory work, and
required children receive education up to the age of 10. The laws also introduced stricter rules
for machinery use, required adequate facilities for workers, prohibited the employment of
children under age 10, and mandated that children between 10 and 14 attend school for at least
six hours per week. The laws were an important step in protecting the rights of children in the
workplace and set a precedent for future child welfare legislation.

The 1889 Children Act was a law in the United Kingdom that aimed to protect the welfare and
interests of children. The law established the fundamental idea that while making decisions
concerning a child's care and upbringing, the welfare of the kid should always come first. The
Act also created the role of the juvenile court, which was responsible for dealing with children
who had committed offenses or who were in need of protection or care. The Act recognized that
children in need of protection required specialized care, and established a framework for
providing institutional care for these children. Overall, the 1889 Children Act was an important
step towards recognizing the rights and needs of children and establishing a legal framework for
protecting their welfare.

The "1908 Children's Charter" was a policy document in the United Kingdom that outlined a
set of principles and guidelines for the treatment of children. The Charter aimed to promote the
welfare of children and ensure that they were treated with dignity and respect. The Charter called
for the establishment of children's councils, which would be responsible for representing the
views and interests of children, and for providing education and support services to help children
reach their full potential. The Charter also called for the establishment of juvenile courts, which
would be responsible for dealing with children who had committed offenses or who were in need
of care and protection. Overall, the 1908 Children's Charter was an important milestone in the
movement to recognize and protect the rights of children.

The "1933 Children and Young Persons Act" was a law in the United Kingdom that aimed to
protect the welfare of children and young people. The Act established the principle that the well-
being of the child is the most important factor in all decisions regarding their care and
upbringing. The Act also included provisions for the protection of minors, such as the
establishment of juvenile tribunals and the establishment of a system of probation for juvenile
offenders. The Act also introduced measures to prevent the exploitation of children, such as the
prohibition of child prostitution and the regulation of child employment. Overall, the 1933
Children and Young Persons Act was an important step towards recognizing the rights and needs
of children and establishing a legal framework for protecting their welfare.

Before the "United Nations Convention on the Rights of the Child (UNCRC)" was adopted in
1989, the UK had several pieces of legislation that aimed to protect children's rights, but they
were not comprehensive and did not cover all aspects of children's lives. "The UNCRC is a
legally binding international treaty that sets out the civil, political, economic, social, and cultural
rights of children and has had a significant impact on legislation in the UK".

Some key legislation that was in place before the UNCRC in the UK includes "the 1933
Children and Young Persons Act, the 1948 Children Act, and the 1975 Sex Discrimination
Act. These laws addressed issues such as child protection, juvenile justice, and
discrimination based on gender".

However, the UNCRC has had a significant impact on the development of legislation in the UK.
"The UK ratified the UNCRC in 1991, and it has since been incorporated into UK law through
the Human Rights Act 1998".

The UNCRC is organized into four main groups of rights: protection, provision, participation,
and prevention. These groups outline the different rights that children should have in each area of
their lives. Some examples of how UK legislation has been influenced by the UNCRC in each of
these groups include:

1. Protection:

"The Children Act 1989, which established the principle that the welfare of the child is the
paramount consideration in any decision made about their upbringing".

"The Children (Northern Ireland) Order 1995", which introduced a system of child protection
and established the role of the designated officer for child protection in each organization that
works with children.
 2. Provision:

"The Education Act 1996", which outlines the rights of children to access education and sets
out the duties of local authorities to ensure that there are sufficient school places available

"The Children and Families Act 2014, which introduced changes to the provision of special
educational needs and disability (SEND) support for children and young people".

3. Participation:

"The Children and Young Persons (Scotland) Act 2014", which gives children and young
people the right to express their views and be involved in decisions that affect their lives

"The Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2003", which gives
children who are at risk of female genital mutilation (FGM) the right to make an application to
the court for a protection order

4. Prevention:

"The Children Act 1989 (Amendment) (Hague Convention on Protection of Children) Act
2000", which establishes measures to prevent child abduction and protect children who are the
subject of international custody disputes

The "Children Act 1989 (Amendment) (Contact Orders) Act 2004", which introduced
measures to protect children from harm during contact with parents or other relatives.

Overall, the UNCRC has had a substantial influence on the creation of legislation in the UK,
leading to the development or amendment of numerous laws to ensure compliance with the
UNCRC's guiding principles and provisions. To ensure that all children's rights are completely
safeguarded and practically realized, more effort needs to be done.

LO3: Explain how practice and policy are influenced by legislation

and current initiatives
The United Kingdom ratified the UNCRC in 1991, and it became legally binding in the country
in 1992. Since then, the UK has made some significant progress in promoting and protecting the
rights of children, but there are still areas where it falls short of full compliance with the
UNCRC.

One area where the UK struggles is in addressing the effects of poverty on children's rights.
Poverty can have a significant impact on children's access to education, healthcare, and other
basic needs, and it can also put them at risk of abuse, neglect, and exploitation. Despite the
implementation of measures aimed at mitigating child poverty, the United Kingdom exhibits one
of the highest rates of child poverty among developed nations, with an estimated 4.3 million
children experiencing poverty in the year 2021.

One of the UNCRC articles that the UK struggles to comply with is Article 12, which guarantees
the right of children to have a say in matters that affect them. While the UK has made progress in
promoting children's participation in decision-making, there is still room for improvement.
Children are often not consulted in matters that directly affect them, such as family court
proceedings or care plans. Additionally, children's views are not always taken seriously, and they
may face barriers to participating fully in decision-making processes.

Another UNCRC article that the UK struggles to comply with is Article 18, which guarantees the
right of children to be raised in a family environment. The UK has a high rate of children in care,
with over 78,000 children in care in 2021. While care can be necessary and beneficial for some
children, there are concerns that the UK's care system is not always meeting the needs of
children and young people. Children in care are often more vulnerable to poor outcomes, such as
poor mental health, and may face additional barriers to accessing education, employment, and
housing in later life.

Finally, the UK has not made any of the UNCRC articles statutory, meaning that they are not
embedded in UK law. This has led to some criticism that children's rights are not adequately
protected, and that there is not enough legal accountability for ensuring compliance with the
UNCRC. Some campaigners have called for the UK to adopt a Children's Rights Act, which
would enshrine the UNCRC in UK law and give children greater legal protection.

"The Millennium Development Goals (MDGs) were established in 2000 by the United Nations
to address global poverty, inequality, and social issues by 2015. The MDGs included eight goals,
such as eradicating extreme poverty, reducing child mortality rates, and achieving universal
primary education".

While some progress was made towards achieving these goals, there were still significant gaps in
progress by 2015, particularly in low-income countries. However, the MDGs did help focus
global attention on important issues and spurred action by governments, NGOs, and other
stakeholders.

The "Sustainable Development Goals (SDGs)" were established in 2015 by the United Nations
to continue the work of the MDGs and address new challenges facing the world. The SDGs
include 17 goals, such as eliminating poverty, ensuring access to quality education and
healthcare, and taking action on climate change.

As of 2023, progress towards achieving the SDGs has been mixed. While some targets have been
achieved or are on track, others are falling behind or even regressing. The COVID-19 pandemic
has had a notable influence on the advancement towards accomplishing the Sustainable
Development Goals (SDGs), particularly in nations with lower economic status.

Overall, it is clear that significant work is still needed to achieve the SDGs by 2030.
Governments, NGOs, and other stakeholders must continue to work together to address the
underlying social, economic, and environmental issues that contribute to global inequality and
ensure that the most vulnerable populations are not left behind.

Conclusion:
This essay provides a comprehensive overview of the rights of minors from multiple
perspectives. This course examines the theoretical, historical, and political aspects of childhood,
as well as the legal frameworks and policies that protect and promote children's rights. While
global progress has been made in promoting children's rights, there are still significant obstacles
to surmount, including addressing the effects of poverty on children's rights, ensuring children's
participation in decision-making, and adhering to the UNCRC. To achieve the SDGs, we must
address the underlying social, economic, and environmental problems that contribute to global
inequality. Governments and international organizations are ultimately responsible for the
protection and promotion of children's rights, and it is essential to prioritize the needs and well-
being of children in order to create a more just and equitable world for all.
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