the convention on the rights of the child and young children

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Early Childhood Matters Early Childhood Matters the bulletin of the Bernard van Leer Foundation JUNE 2001 NO.98 the bulletin of the Bernard van Leer Foundation JUNE 2001 NO.98 The Convention on the Rights of the Child and young children

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This edition provides arguments, examples of work at all levels, and analyses to contribute to the discussions that are needed to elevate the Convention on the Rights of the Child to its rightful place in early childhood programming as key strategy in realising the aspirations of the Convention.

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Page 1: The Convention on the Rights of the Child and young children

Early Childhood MattersEarly Childhood Matterst h e b u l l e t i n o f t h e B e r n a r d v a n L e e r F o u n d a t i o n J U N E 2 0 0 1 N O . 9 8t h e b u l l e t i n o f t h e B e r n a r d v a n L e e r F o u n d a t i o n J U N E 2 0 0 1 N O . 9 8

The Convention on the Rights of the Child

and young children

Page 2: The Convention on the Rights of the Child and young children

Early Childhood Matters is published three

times a year in February, June and October,

by the

Bernard van Leer Foundation

PO Box 82334, 2508 EH

The Hague, The Netherlands

Tel: +31 (0)70 351 2040

Fax: +31 (0)70 350 2373

email: [email protected]

www.bernardvanleer.org

Series Editor: Jim Smale

Design & Production: Homemade Cookies Graphic Design bv

Work featured in Early Childhood Matters is not

necessarily funded by the Bernard van Leer Foundation.

The views expressed are those of the individual

authors and not necessarily those of the Foundation.

Material from Early Childhood Matters may be

reproduced or adapted without permission, provided

it is not distributed for profit. It must be attributed to

the original author(s), Early Childhood Matters and

the Bernard van Leer Foundation.

If you are interested in contributing to Early Childhood

Matters, please contact the Editor for a preliminary

discussion and to obtain a copy of our ‘Guide for Authors’.

Contributions must be related to early childhood

development and should draw on direct practical experience

with young children, their families and communities.

Please note that the Foundation does not pay for

contributions because Early Childhood Matters is generally

distributed free of charge. Please also note that we allow free

copying for non-commercial purposes.

ISSN 1387-9553

_____________________________________________________________

Cover: Venezuela: El Maestro en Casa project

photo: Angela Ernst BVLF

Inside front cover: Venezuela : El Maestro en Casa project

photo: Angela Ernst BVLF

_____________________________________________________________

As well as Early Childhood Matters the Foundation produces

a wide range of publications about early childhood

development. All are available – free of charge for single

copies – to organisations or individuals interested in this

field. A publications list is also available: please contact the

Foundation at the addresses above and on the back cover.

ContentsThe Convention on the Rights of the Child and young children 3

The Convention on the Rights of the Child and the mechanisms

for its implementation 6

Rights from the start: ECD and the Convention on

the Rights of the Child 8

Feny de los Angeles-Bautista

Moving promises to action: a critique of the CRC

from an ECD perspective 22

Robert G Myers

Early childhood counts: a response to ‘A World Fit For Children’ 26

In defence of the child in India 30

Sham Sunder Ads

Early childhood development programmes and children’s rights 36

Caroline Arnold

Bringing up children in a changing world: Who’s Right?

Whose rights? Conversations with families in Nepal 40

Venezuela: the participation of children in Venezuela:

advances and challenges 45

Soraya Medina

We are also human beings: a guide to children’s rights in

Zimbabwe 50

Australia: children explore their rights through art 52

Barbara Piscitelli & Felicity McArdle

Selected resources 57

Poster competition 2001 58

.

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B e r n a r d v a n L e e r Fo u n d a t i o n 3 E a r l y C h i l d h o o d Ma t t e r s

The does not contain a dedicatedsection that addresses the rights ofchildren from birth to eight specifically.Rather it encompasses the rights of allchildren, up to the age of 18, orwhatever age a State designates for theentry into adult status. Yet the world’syoung children (aged zero to eightyears) demand special attention: theyare the most vulnerable and thereforemost in need of the benefits andprotection that the States Parties thathave ratified the guarantee. Inaddition, children’s earliest experienceshave the most potential to influence

them and their families, communitiesand societies – for good or ill – in laterlife. If, therefore, they can grow withinthe kind of secure developmentenvironment that the implies forthem; and if, as they grow they cancome to understand how the hascontributed to their safety, well-beingand development; their earlyexperiences will travel in and with them,thereby helping the letter and the spiritof the to permeate their societies.

The United Nations Special Session onChildren on 19-21 September 2001 in

New York, provides an unmissableopportunity to review the withyoung children in mind. This meetingwill bring together government leaders,heads of state, s, children'sadvocates and young people. Its generalpurpose is to review the agenda forimplementation set at the WorldSummit for Children in 1990, to movechildren’s rights up the world agendaand to make a renewed commitmentand pledge for specific actions in thecoming decade. The Special Session isalso expected to produce a globalagenda for children and young people

containing goals and action plans toensure the best possible start in life forchildren; a good-quality basic educationfor children; and the opportunities forall children, especially young people, formeaningful participation in theircountries. However, given the obviousimportance of early childhood to the (and vice versa), the Special Sessionmust do more: it must directly addressthree key areas related to earlychildhood:

1. it must build up its currently limitedfocus on the rights of the youngest

Built on varied legal systems and cultural traditions, the Convention on the Rights of the Child is a universally agreed set of non-negotiable standardsand obligations. It spells out the basic human rights that children everywhere – without discrimination – have: the right to survival; to develop to the

fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. Every right spelled out inthe Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children's rights by setting

standards in health care, education and legal, civil and social services. These standards are benchmarks against which progress can be assessed. Statesthat are party to the Convention are obliged to develop and undertake all actions and policies in the light of the best interests of the child.

( www.unicef.org/crc/crc.htm)

The Convention on the Rights of the Child () and young children

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children so as to provide a platformfor rights-based early childhoodprogramming;

2. it must recognise and promote thework that has been developed toensure that the does indeedimpact significantly on the youngestchildren; and

3. it must map out what still has to be done.

In doing so, it can readily draw on thefact that, throughout its text, the

espouses the values and principleswhich underlie good practice: thatchildren are whole individuals withmultiple potentials; that children growinto their rights and responsibilitiesgradually, through processes of physical,mental, and social development that aretheir birthrights; and that youngchildren have the right to be activeparticipants in their culture and society.

This edition of Early Childhood Mattersprovides arguments, examples of workat all levels, and analyses to contributeto the discussions that are needed toelevate the to its rightful place in programming – and indeed tojustify programming as a keystrategy in realising the aspirations ofthe . In the first part, Feny de losAngeles-Bautista leads an exploration ofthe inextricably intertwined relationshipbetween the Convention and earlychildhood development as a field (page8). This is countered by Robert Myers’discussion of the shortcomings of the from an early childhood perspective(page 22). To show that even nowdocuments associated with the donot sufficiently deal with earlychildhood, the Consultative Group onEarly Childhood Care and Development() then critically considers ‘A WorldFit For Children’. This is the OutcomeDocument that has been prepared by

the Global Movement for Children, forthe Special Session on Children. The suggests additions to several sectionsof the document. (page 26).

The first part concludes with acontribution from Dr Sham Sunder Ads(page 30) that explores the complexitiesof national legislation that attempts tosupport children’s rights in India. Thearticle is based on painstaking, detailedand diligent work to bring out thestrengths and weaknesses of currentlaws, and to show what more must be done.

The second part of this edition is aboutpractice: what can be done by thoseengaged in work with young childrenand their families and communities. Itstarts with a survey of the principlesthat underlie good practice in earlychildhood work that integrates the aimsand spirit of the . Caroline Arnold

(page 36) demands that early childhoodprogramming is based on a holisticunderstanding of early childhooddevelopment. Her article introduces astudy of good practice derived fromthese principles: parents supportingtheir children’s holistic developmentthrough encouraging participation inthe normalities of day to day family life(page 40).

The edition concludes with threearticles that show how the cansystematically influence early childhoodpractice. In Venezuela, has along record of successfully developingprocesses to enable children to cometogether, explore and discuss mattersthat concern them, and go on todevelop activities that allow their voicesto be heard and their actions to make adifference. The article that starts onpage 45 discusses the -initiateddemocratic mechanisms that led to the

B e r n a rd v a n L e e r Fo u n d a t i o n 4 E a r l y C h i l d h o o d Ma t t e r s

The concluding article is a discussion of work in Australia that helped

children to reveal their ideas about their rights through art.“”

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establishment of children’s organisationsand shows how these organisationsimpacted directly on the drafting of newlegislation about child rights in theircountry.

From Zimbabwe comes a selection ofpractical exercises for children thatintroduce them to their rights and helpthem to promote them. (page 50) Theselection is drawn from We are alsohuman beings: a guide to children’s rightsin Zimbabwe, that was produced for by the African CommunityPublishing and Development Trust byworking participatively with about 500children aged from 3 to 18 years. Thebook generally aims to encourage andmotivate them to promote children’srights in Zimbabwe.

The concluding article (page 52) is adiscussion of work in Australia thathelped children to reveal their ideas

about their rights through art. The workcovered both the joyful and the sobersides of children’s perceptions – andsometimes more significantly – theirrealities; and it produced some potentand graphic images. The articleconcludes with a set of five practicallessons from the work.

Each edition of Early Childhood Mattersis a collaborative effort in that it dependson authors producing the articles andthen on a small team in the Foundationbringing everything together. Thisedition needed more because of thescope of its theme. Unusually therefore,the work of the authors has beenassembled, moderated andcomplemented by a kind of informaleditorial group that included Feny de losAngeles-Bautista and Ellen Ilfeld, as wellas the usual in-house team. "

Jim Smale, Editor

Venezuela: Children demonstrating for their rights

photo: Pacomin project

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The full text of the is on ’swebsite (see above)and can be read onthe Early ChildhoodCounts

(document namegn1crcxi.pdf)

created by the Consultative Group onEarly Childhood Care () andDevelopment, in collaboration with TheWorld Bank Institute and produced inpartnership with the Aga KhanFoundation, the Bernard van LeerFoundation, The Christian Children’sFund, and . The

can be obtained from The Secretariat,The Consultative Group on EarlyChildhood Care and Development:[email protected]; or through the

website: www.ecdgroup.com

Committee on the Rights of the Child

Myers (1995)1 notes that onemechanism created within theConvention to reinforce promises madeby signatories is the Committee on theRights of the Child (Article 43). As partof their commitment upon signing thedocument, countries agree to report tothis United Nations Committee on theiractivities related to the Conventionwithin two years after signing theConvention and again every five yearsthereafter (Article 44).

He reminds us that the Committee hasestablished a format and a process fornational reporting. According to theConvention, reports ‘shall indicatefactors and difficulties, if any, affectingthe degree of fulfilment of the

obligations under the presentConvention’. The resulting nationalreports, which are supposed to be in thepublic domain in each country (Article44, Section 6), are presented to theCommittee which then comments onthe reports, raising questions andmaking suggestions for furtherimprovements. Every two years, theCommittee reports to the GeneralAssembly. This process has in somecases stimulated additional actionand/or led to useful public debate in therespective countries about the rightsand welfare of children.

Summary records are prepared for allpublic and some private meetings of theCommittee. The Initial and PeriodicReports of States Parties, ConcludingObservations of the Committee and

other records and reports on theCommittee’s sessions are availablethrough:Secretariat to the Committee on theRights of the ChildOffice of the High Commissioner forHuman RightsRoom D.205, Palais des Nations,8-14 Avenue de la Paix,1211 Geneva 10, Switzerland;www.unhchr.ch

World Summit for Children and

National Plans of Action

In September1990, the firstWorldSummit forChildren washosted by

B e r n a rd v a n L e e r Fo u n d a t i o n 6 E a r l y C h i l d h o o d Ma t t e r s

The Convention on the Rights of the Child andthe mechanisms for its implementation

The 54 articles of the Convention on the Rights of the Child () created in 1989 spell out basic human rights for children: therights to survive, to develop to their fullest potential, to be protected from harmful influences, abuse and exploitation, and to

participate fully in family, cultural and social life. In addition, the spells out how these rights are to be enforced by settingstandards for implementation, reporting mechanisms for States Parties that are signatories to the treaty, and by articulating the

principles upon which National Policies, legal frameworks, and Plans of Action shall be based.

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and attended by 71 heads ofstate and government and 88 seniorofficials. The purpose of this Summitwas to create greater sharedunderstanding of the . At theconclusion of the World Summit forChildren, a worldwide Plan of Actionwas adopted, obligating those whoattended to create national plans for thedecade of the 1990s. The World SummitPlan of Action sets out 25 specific goals,based on provisions of the Convention.National Plans or Programmes ofAction (s) are, in many cases, linkedto this worldwide Plan of Action, ratherthan directly to the broader wording ofthe itself. Most of the participatingnations in the Summit and thesignatories to the Convention have nowformulated s for children, and, insome cases, the s have beendecentralised and Local Programmes ofAction (s) have been formulated.

A ten year follow on Summit forChildren (The Special Session onChildren), is being convened in

Headquarters in New York, in September2001, to update the worldwide Plan ofAction and examine global progress inimplementing the .

NGO Activities

Myers2 also reminds us that anotherdevelopment fostered by theConvention has been the appearance ofactivities explicitly intended to furtheradherence to the provisions of theConvention, that are being carried outby new national, regional andinternational groupings of non-governmental organisations (s).Some of these activities are educational,promotional, or service actions by sintended to reinforce particular rightsand to directly improve livingconditions affecting the welfare ofchildren. Other activities arefocused on sharing informationand on monitoring the process ofcomplying with the Convention.

These mechanisms includeinternational networks such as theChildren’s Rights InformationNetwork, regional networks suchas the Latin American RegionalCollective to Help Follow Up theConvention, and national groups(such as the 13 national groups ofs participating in the LatinAmerican Regional Collective orthe Philippine Coalition for

Monitoring the ). In some cases,these groups also provideinformation to the Committee onthe Rights of the Child. Some of thenational groups have producedparallel reports (to those of thegovernment) on the status of childrenin their countries and others havecooperated with the government inproducing a joint report. TheCommittee uses this information wheninterpreting governmental reports andin formulating questions andsuggestions to governments.

In addition, The Global Movement forChildren, instituted in 1999, is aninternational bringing together of

Agencies, s, donor organisationsand youth to promote a more generalawareness of the and children’srights (see page 26). "

notes

1. Myers R (1995) ‘The Convention on the Rights of

the Child: moving promises to action’

Coordinator's Notebook No. 17; The Consultative

Group on Early Childhood Care and Development

2. Myers R; op cit

B e r n a r d v a n L e e r Fo u n d a t i o n 7 E a r l y C h i l d h o o d Ma t t e r s

Every child has the right to a home and

a family that love and take care of them.

from: A child friendly world;

UNICEF/Philippine Children’s Television

Foundation

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The fact is that we have aninternational treaty that integrates thecivil, political, economic and socialrights of children – young childrenincluded. However, eleven years afterthe ratification of the Convention andten years after the World Summit forChildren, we in the communitycontinue to face some big challenges.Young children are too often excluded,and their particular conditions andneeds are invisible within discussionsof this international treaty. Thechallenge is to make the most of theopportunities offered by the , toinform and mobilise all those who areresponsible for young children’s care

and for ensuring their development,including policy makers. Whether inrich or poor countries the

community must continue to remindgovernments, as States Parties, abouttheir obligations to young children:‘…The options before leaders who arestriving to do what’s best for childrenand best for their country seem obvious:assure that every child, withoutexception, is registered at birth and startslife safe from violence, with adequatenutrition, clean water, proper sanitation,primary health care and cognitive andpsychosocial stimulation, or fail theirmoral and legal obligations as set forthin the Convention on the Rights of the

Child’ (Carol Bellamy, The State of theWorld’s Children 2001 )

We must, therefore, ensure that nationaland local policies translate into concreteand sustained commitments for youngchildren, and that there are sufficientresources allocated for quality

programmes and services.

To meet this challenge, we face thecontinuing need to educate allstakeholders about the importance of, and the benefits of quality earlychildhood experiences, not only to thechild, the caregiver and the family, butalso to the community and society.

Our task is to make a clear link between‘the responsibility of all States Parties toimplement the Convention for the fullprotection and promotion of the rightsof all children’ and within our localand national settings. The link is this:protecting children’s rights can only beaccomplished by providing qualityholistic attention from the start.

In essence, the Convention on theRights of the Child can be a veryeffective advocacy tool for youngchildren and families. It encouragesStates Parties to introduce or revisedomestic legislation in order to ensureaffirmative action for those young

The community and the Convention on the Rights of the Child

The Convention on the Rights of the Child is the most widely ratified human rights instrument; it is undoubtedly also the most widely acceptedframework for action in favour of young children. There is an undeniable commitment on the part of the international community to use the provisionsof the Convention as an agenda for action. It guides international efforts to identify the persisting life conditions that put very young children at risk andpre-empt their healthy and optimum growth and development. The Convention can be used to actively promote the quality of care – through policies and

practices – that young children need and are entitled to as a part of their basic human rights. It offers child advocates, such as those of us in the

community, and States Parties the opportunity to define a truly forward looking and proactive strategy to promote and protect the rights of all children.

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Rights from the start: and the Convention on the Rights of the Child ()

Feny de los Angeles-Bautista

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B e r n a r d v a n L e e r Fo u n d a t i o n 9 E a r l y C h i l d h o o d Ma t t e r s

The States Parties to the present Convention,

Considering that, in accordance with the principles

proclaimed in the Charter of the United Nations,

recognition of the inherent dignity and of the equal and

inalienable rights of all members of the human family

is the foundation of freedom, justice and peace in the

world,

Bearing in mind that the peoples of the United Nations

have, in the Charter, reaffirmed their faith in

fundamental human rights and in the dignity and worth

of the human person, and have determined to promote

social progress and better standards of life in larger

freedom,

Recognising that the United Nations has, in the

Universal Declaration of Human Rights and in the

International Covenants on Human Rights, proclaimed

and agreed that everyone is entitled to all the rights

and freedoms set forth therein, without distinction of

any kind, such as race, colour, sex, language, religion,

political or other opinion, national or social origin,

property, birth or other status,

Recalling that, in the Universal Declaration of Human

Rights, the United Nations has proclaimed that

childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of

society and the natural environment for the growth and

well-being of all its members and particularly children,

should be afforded the necessary protection and

assistance so that it can fully assume its responsibilities

within the community,

Recognising that the child, for the full and harmonious

development of his or her personality, should grow up

in a family environment, in an atmosphere of

happiness, love and understanding,

Considering that the child should be fully prepared to

live an individual life in society, and brought up in the

spirit of the ideals proclaimed in the Charter of the

United Nations, and in particular in the spirit of peace,

dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care

to the child has been stated in the Geneva Declaration

of the Rights of the Child of 1924 and in the Declaration

of the Rights of the Child adopted by the General

Assembly on 20 November 1959 and recognised in the

Universal Declaration of Human Rights, in the

International Covenant on Civil and Political Rights (in

particular in articles 23 and 24), in the International

Covenant on Economic, Social and Cultural Rights (in

particular in article 10) and in the statutes and relevant

instruments of specialised agencies and international

organisations concerned with the welfare of children.

Bearing in mind that, as indicated in the Declaration of

the Rights of the Child, ‘the child, by reason of his

physical and mental immaturity, needs special

safeguards and care, including appropriate legal

protection, before as well as after birth’,

Recalling the provisions of the Declaration on Social

and Legal Principles relating to the Protection and

Welfare of Children, with Special Reference to Foster

Placement and Adoption Nationally and Internationally;

the United Nations Standard Minimum Rules for the

Administration of Juvenile Justice (The Beijing Rules);

and the Declaration on the Protection of Women and

Children in Emergency and Armed Conflict,

Recognising that, in all countries in the world, there are

children living in exceptionally difficult conditions, and

that such children need special consideration,

Taking due account of the importance of the traditions

and cultural values of each people for the protection

and harmonious development of the child,

Recognising the importance of international

cooperation for improving the living conditions of

children in every country, in particular in the developing

countries ......

PreambleThe United Nations Convention on the Rights of the Child 1989

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children in the greatest need and thosewho live in vulnerable conditions. Themonitoring mechanisms and reportingrequirements offer many opportunitiesto clarify how the goals, objectives andprogramming strategies in relate tothe articles of the Convention. Targetsset out in National Plans of Action(s) that are a requirement of the

for implementation of the Conventionat country level can allow those of uswithin the early childhood communityto advocate for more comprehensiveand clearly articulated National goals for. It is imperative that we monitorthese National Plans of Action andimplementation targets to make sureyoung children do not disappear.

Linked to that advocacy process, weneed to initiate information, educationand communication () activities togenerate more awareness and broaderpolitical support for programmesat both national and local levels ofgovernment. We must keep the messagepresent in the public eye: thatharmonising domestic law andestablishing enabling policies forimproved access to quality

programmes are two of the mostimportant requirements for States

Parties in order to effectively fulfil theircommitments as signatories to theConvention. Our message to policymakers: legislation and policies relatedto can – and should – be a priority focus.

Through an ECD lens: understanding

the Convention on the Rights of

the Child

An international treaty can easilyremain at the level of rhetoric andabstractions to which lip service is paid.After the lengthy debates leading to itsdrafting and the intense lobbying for itsratification, there is indeed a dangerthat it will simply gather dust and beforgotten, only to be pulled out anddrawn upon when an extreme case callsfor its use. But an international treatycan also be brought to life by those whocare enough to use it and maximise itspotential. By translating the principlesand articles of the into moreconcrete terms, we can all help to bringit a step closer to full implementation.

The Convention on the Rights ofthe Child is one of those internationaltreaties that was not only kept alive andas visible as possible, but that continues

to be studied and interpreted by the

Committee on the Rights of the Child,human rights specialists and the globalchildren’s rights movement, with thegoal of making it a reality for all theworld’s children.

An overview of the general principlesand the specific Articles of theConvention that are directly related toearly childhood care and developmentmay assist us in our work of promotingand protecting the rights of youngchildren and of educating allstakeholders about their rights.

General principles of the Convention

on the Rights of the Child

The Committee on the Rights of theChild has repeatedly emphasised thatthe Convention should be considered asa whole, and interpreted in anintegrated manner that builds on theinterrelationships among all theArticles, particularly Articles 2, 3, 6 and12, which it has elevated to the status ofgeneral principles.

Non-discrimination: ensuring the rightsof each child: Article 21. States Parties shall respect and

ensure the rights set forth in thepresent Convention to each childwithin their jurisdiction withoutdiscrimination of any kind,irrespective of the child’s or his orher parent’s or legal guardian’s race,colour, sex, language, religion,political or other opinion, national,ethnic or social origin, property,disability, birth or other status.

2. States Parties shall take allappropriate measures to ensure thatthe child is protected against allforms of discrimination orpunishment on the basis of thestatus, activities, expressed opinions,or beliefs of the child’s parents, legalguardians, or family members.

The fundamental obligations of StatesParties in relation to the rights outlinedin the Convention – to ‘respect andensure’ all the rights of all childrenwithout discrimination of any kind, areestablished in the first paragraph ofArticle 2, along with Articles 3(2) and 4.Article 2 addresses the topic ofdiscrimination in relation to theenjoyment of rights, and it requiresaction against ‘all forms ofdiscrimination’ beyond the issues raisedby the Convention.

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The non-discrimination principle,however, does not pre-emptaffirmative action for children. TheConvention specifies that specialattention needs to be given to themany (young) children who belong tovulnerable and disadvantagedcommunities. Poverty is clearly amajor cause of discrimination thataffects children in both rich and poorcountries. The Committee hasemphasised that implementing thisArticle must ‘not be made dependenton resource and budgetary constraints’.When governments cut down onpublic spending, resources for public programmes, which are primarilythe more accessible services forchildren from disadvantagedcommunities, usually fall victim,unless there is a clear politicalcommitment to .

Other articles of the Conventionhighlight the need to pay specialattention to particular groups ofchildren, in an effort to concretise thenon-discrimination principle. Thesegroups are often the ones that the

programmes in different countries havebeen trying to reach: children withoutfamilies (Art. 20), refugee children

(Art. 22), disabled children (Art. 23),children of indigenous communities(Art. 30), and children in situations ofarmed conflict (Art. 38).

In their best interests: Article 31. In all actions concerning children,

whether undertaken by public orprivate social welfare institutions,courts of law, administrativeauthorities or legislative bodies, thebest interests of the child shall be aprimary consideration.

2. States Parties undertake to ensure thechild such protection and care as isnecessary for his or her well-being,taking into account the rights andduties of his or her parents, legalguardians, or other individualslegally responsible for him or her,and, to this end, shall take allappropriate legislative andadministrative measures.

3. States Parties shall ensure that theinstitutions, services and facilitiesresponsible for the care or protectionof children shall conform with thestandards established by competentauthorities, particularly in the areasof safety, health, and in the numberand suitability of their staff, as wellas competent supervision.

In essence, a Rights approach helps us get beyond the view of work with disadvantaged young

children as charity work with needy beneficiaries, and repositions ECD as an essential part of the

effort to create strong and healthy societies with citizens who are able to participate.

Source: Jonsson U ‘A Rights Compared to a Needs Perspective on ECCD’ (1998); UNICEF RegionalOffice for South Asia.

One of the changes brought about through the CRC Accord is that it allows us to shift the

discourse on young children from NEEDS to RIGHTS. Instead of saying: ‘we must meet children’s

needs’, then arguing whether survival, health, or education are more pressing needs, we are now

challenged to think of the situation in terms of children’s rights to survive and thrive as whole

human beings. And because the CRC states clearly that there is no hierarchy of rights (the right to

safety is not more important than the right to develop to one’s full potential, for example), using

the CRC in our work can help support arguments for holistic attention to children.

NEEDS PERSPECTIVE

- Child is a passive recipient

- Needs imply goals – including partial goals(eg, 90 percent of girls should be enrolled)

- Needs can be met without sustainability

- Needs can be ranked in a hierarchy

- Needs do not necessarily imply duties

- Needs are associated with promises

- Needs may vary across cultures and settings

- Needs can be met through charity

- Meeting needs often depends on political will

RIGHTS PERSPECTIVE

- Child is an active participant

- Rights imply that all children (100 percent )should be served

- Rights must be met with sustainability

- Rights cannot be hierarchically organised

- Rights involve duties

- Rights are associated with obligations

- Rights are universal

- Charity is not acceptable in a rights approach

- Realising rights depends on political choice

A Rights Perspective Compared to a Needs Perspective on ECCD

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B e r n a rd v a n L e e r Fo u n d a t i o n 12 E a r l y C h i l d h o o d Ma t t e r s

PROGRAMME STRATEGY

1. Deliver a service to children

2. Support/educate caregivers

3. Promote child-centred community

development

4. Strengthen national resources

and capability

FOCUS OF THE INTERVENTION

the child 0-8

• Parents/family members

• caregivers

• teachers/educators

• siblings

• elders and other community

members

• community members

• leaders/elders

• community health workers

• community organisers

• programme personnel

• supervisors

• management staff

• professionals

• paraprofessionals

• researchers

OBJECTIVE

• ensure survival

• promote health/nutrition

• support comprehensive

development

• promote socialisation

• develop rehabilitation services

• create child care

• encourage school achievement

• create awareness

• increase knowledge

• change attitudes

• improve/change practices

• enhance skills

• create awareness

• mobilise for action

• change conditions

• take on ownership of programme

• increase knowledge

• enhance skills

• change behaviours

• strengthen and sustain

organisations

• enhance local capability

• increase local/national resources

• develop local materials

MODELS/APPROACHES

• maternal/child health

• home day care

• centre-based programme

• ‘add on’ centres

• school (formal; non-formal)

• distance education

• comprehensive child development

programme

• religious school

• home visiting

• parent education courses

• Child-to-Child

• family life education

• support networks for

parents/caregivers

• social marketing

• social mobilisation

• technical mobilisation

• literacy programmes

• school curriculum

• media

• organisational development training

• pre-and in- service training of

caregivers teachers

• experimental/demo projects

• collaborative cross-national research

projects

• action research

COMPLEMENTARY PROGRAMMING STRATEGIES

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Source: Evans JL with Myers RG and Ilfeld EM (2000); Early Childhood Counts: a Programming Guide on Early Childhood Care and Development; The World Bank

PROGRAMME STRATEGY

5. Strengthen demand and awareness

6. Develop national child and family

policies

7. Develop supportive legal and

regulatory frameworks

8. Strengthen international

collaboration

FOCUS OF THE INTERVENTION

• policy makers

• general public

• professionals

• media

• policy makers

• families with young children

• society, over time

• policy makers

• legislators

• families with young children

• society, over time

• governments

• donor agencies

• bilateral agencies

• foundations

• international NGOs

OBJECTIVE

• create awareness

• build political will

• increase demand

• change attitudes

• create an enabling environment

• create awareness

• assess current policy for families

with young children

• identity gaps

• create supportive policy

• increase awareness of rights and

resources

• create supportive workplace

• ensure quality child care

• implement protective environmental

standards

• institute maternity/paternity leave

• create international standards

• share experience

• distil and share knowledge

• maximise resources

• increase awareness

• increase resources

• maximise impact and effectiveness

MODELS/APPROACHES

• social marketing

• multi-media dissemination of

knowledge

• advocacy

• relate national to international efforts

(EFA, CRC)

• participatory policy development

• create alliances (women’s group,

community groups, etc)

• innovative public/private

collaboration

• tax incentives for private support of

ECCD programmes

• international conventions

• Consultative Group on ECCD

• international Vitamin A Consultative

Group

• international Working Group on Safe

Motherhood

• Association for the Development of

Education in Africa (ADEA)

• Save the Children Alliance

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Governments and civil society need toensure that the best interests of childrenare always served and that children areprioritised. This is the emphasis ofArticle 3. Other major principles mustbe considered in determining the bestinterests of individual children, as well asof groups of children: non-discrimination, maximum survival and development and respect for thechild’s views.

Article 3 requires States Parties to assessthe impact on children of the nationalpolitical, social and economicconditions and government actions (orinaction). This means that mechanismsmust be developed to effectivelyundertake this assessment. It also meansthat the results of these assessments canand should be used to develop policiesfor . It is timely that selectedcountries have undertaken country casestudies on indicators within thecontext of the Global Thematic Reviewon for the 2000 Assessment.*These are important starting points forexpanding and refining the bases forassessing impact on young children ofgovernment policies and programmes,and for assessing whether their bestinterests are served.

In countries where work on

indicators is being undertaken, it wouldbe important to actively and proactivelylink these efforts to the overallmonitoring and reporting systems forthe Convention. Efforts to promote indicators at a global and regionallevel will help tremendously forcountry-level monitoring and reportingon the Convention, since

indicators will account for a significantpart of the required information.

States Parties are encouraged to adopt acomprehensive approach to theimplementation of the Convention. Acomprehensive approach is consideredmore effective and consistent with theprovisions and general principles of theConvention. Within , a tool which isavailable to us to promote as acomprehensive approach is the‘Complementary ProgrammingStrategies’ promoted by theConsultative Group on , that hasbeen adopted in many countries. TheseComplementary ProgrammingStrategies help to clarify how such acomprehensive approach toimplementing the Convention can bemade to work for young children. It is auseful tool for States Parties to adopt.

For example, the membernations have organised an

Working Group consisting of inter-agency and multidisciplinary teamsfrom the member countries, andin October 2000 have adopted an

version of this framework forprogramming in in the region.

Quality programmes have alwaysbeen family focused, and in manycommunities living in especially difficultcircumstances, programmes haveserved as effective safety nets forfamilies. Article 3 of the Conventionencourages States Parties to providefamilies with support systems, especiallywhen they are unable or unwilling toensure the child’s well-being. ThisArticle provides a powerful argumentfor family-based programming.

Implementing Article 3 also requires areview of policies and standards appliedto child-focused institutions and servicesthat include day care, health facilities andeducational institutions working withyoung children. This provides a goodjustification for developing standardsthat are developmentally appropriateand culturally relevant for earlychildhood care institutions.

The right to survival and development:Article 61. States Parties recognise that every

child has the inherent right to life.2. States Parties shall ensure to the

maximum extent possible thesurvival and development ofthe child.

This concept is considered crucial to theimplementation of the wholeConvention. Article 6 clearly goesbeyond the fundamental right to life, asit sets out the responsibility of StatesParties to ensure survival anddevelopment ‘to the maximum extentpossible’. A holistic concept ofdevelopment has always been promotedby the Committee on the Rights of theChild, in the same way that the earlychildhood community has been themost consistent advocate for the totalgoal of development. In the Guidelinesfor Periodic Reports, the Committee onthe Rights of the Child asks StatesParties to describe measures taken ‘tocreate an environment conducive toensuring to the maximum extentpossible the survival and developmentof the child, including physical, mental,spiritual, moral, psychological andsocial development in a manner

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Article 6 clearly goes beyond the fundamental right to life, as it sets out the

responsibility of States Parties to ensure survival and development ‘to the

maximum extent possible’

“”

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compatible with human dignity, and toprepare the child for an individual lifein free society.’

Article 6 is not just about preparing ayoung child for later childhood, andolder children for adulthood. It callsattention to children’s current andemerging needs from the first year oflife. This article should also be viewedin connection with the articles of theConvention (Articles 5 and 18), whichemphasise not only the State’sresponsibility, but also the importantrole of parents and the family inpromoting child development.

The right to be consulted, to be heard, toexpress themselves: Article 121. States Parties shall assure to the child

who is capable of forming his or herown views the right to express thoseviews freely in all matters affectingthe child, the views of the child beinggiven due weight in accordance withthe age and maturity of the child.

2. For this purpose, the child shall inparticular be provided theopportunity to be heard in anyjudicial and administrativeproceedings affecting the child,either directly, or through a

representative or an appropriatebody, in a manner consistent withthe procedural rules of national law.

Children’s right to participation isseldom linked to the early childhoodyears. Some countries have reportedthat they set a minimum age on theright of the child to be heard, forexample in custody proceedingsfollowing parents’ separation or divorce.However, Article 12 does not set a lowerage limit on children’s rights to expresstheir perspectives and needs.Furthermore, as the Committee andother children’s rights experts havepointed out, it is clear that children doform their own views on various issuesaffecting their lives from a very earlyage. So the Convention offers nojustification for the view that there is alower age limit for consideringchildren’s perspectives.

We must clarify what it means to fulfilthe provisions for ensuring youngchildren’s participation within theConvention, specifically in relation to programmes. Too oftenparticipation is viewed as ‘childrenvoicing their opinions’, something mostoften addressed in terms of older, verbal

children. Further, there is sometimesoutdated information about childdevelopment, particularly in regard tothe capacity of young children toexpress themselves, to make sense oftheir world and their life experiences,that reinforces this notion that therights related to participation do notapply to young children. Butparticipation is larger than givingopinions. It has to do with everything ayoung child does from the beginning toconstruct an understanding of theworld and to learn to act withindevelopmentally appropriate socialcontexts. Those of us with expertise inunderstanding the sometimes non-verbal or verbally different expressionsof children need to act as interpretersfor people who would assert that youngchildren can not and do notcommunicate their needs and interests.

Children’s participation in decision-making in the family is emphasisedwithin the Convention. The Guidelinesfor Periodic Reports seeks informationon efforts to educate families, caregiversand professionals working with childrenand the public awareness raising effortsabout the need to encourage children’sparticipation and their right to express

their views. The civil rights andfreedoms of children within the familywas a topic of one of the Committee’sGeneral Discussions (October 1994).One of the conclusions was that the‘family is the ideal framework for thefirst stage of the democratic experiencefor each and all of its individualmembers, including children’.

The foundation for children’sparticipation within the family andcommunity, within the groups to whichhe or she belongs, for example inplaygroups, child care settings, andschools, is certainly established in theearly childhood years through thequality of adult to child and child tochild interaction that takes place inthese settings.

The Convention provides a majorbreakthrough in reinforcing the view ofyoung children as active rather thanpassive and dependent. This has alwaysbeen the point of view of those workingclosely with young children, who cansee for themselves how children areactive participants in the various socialcontexts for their growth anddevelopment.

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Articles about parents and families

The and parents and families:Articles 5 and 18Moving beyond those four Articles thathave assumed the status of generalprinciples, other Articles haveenormous significance for the

community. For example, Articles 5 and18 are directly about parents andfamilies – the first foci for

programmes in seeking to supportchildren’s holistic development.

Article 5 requires that States Partiesshall respect the responsibilities, rightsand duties of parents or, where

applicable, the members of theextended family or community asprovided for by local custom, legalguardians or other persons legallyresponsible for the child, to provide, ina manner consistent with the evolvingcapacities of the child, appropriateguidance in the exercise by the child ofthe rights recognised in the presentConvention. Article 18 adds specificity:

1. States Parties shall use their bestefforts to ensure recognition of theprinciple that both parents havecommon responsibilities for theupbringing and development of thechild. Parents, or, as the case may be,legal guardians have the primaryresponsibility for the upbringing anddevelopment of the child. The bestinterests of the child will be theirbasic concern.

2. For the purpose of guaranteeing andpromoting the rights set forth in thepresent Convention, States Partiesshall render appropriate assistance toparents and legal guardians in theperformance of their childrearingresponsibilities and shall ensure thedevelopment of institutions, facilitiesand services for the care of children.

3. States Parties shall take all appropriate

measures to ensure that children ofworking parents have the right tobenefit from childcare services andfacilities for which they are eligible.

Together, these two articles of theConvention provide a framework forthe relationship between the child,parents, family and the State. In thepreamble of the (see page 9) andthrough these two articles, theConvention reiterates the importance ofthe family as the primary and ‘naturalenvironment for the growth and well-being of its members particularlychildren’. At the same time, theConvention clarifies that the child mustbe ‘an active subject of rights’ andemphasises the child’s exercise of his orher human rights. This supports theview of children and childhood asnecessarily visible, active and dynamicrather than invisible, passive anddependent.

There are two important concepts indefining this relationship introducedthrough Article 5 : the concept of‘parental responsibilities’ and the‘evolving capacities of the child’. Theseconcepts balance the role of family ascaregiver and the child as an active

human being who can exercise his orher rights as a member of the family,as a member of the community and as a citizen.

Article 18 addresses the balance ofresponsibilities between the child’sparents and the State. Specifically, ithighlights the need to support parentsto enable them to fulfil theirresponsibilities. While Article18establishes the role of parents asprimarily responsible for theirchildren’s care and development, otherarticles (5 and 30) define family in aflexible manner and acknowledge therole of community, ethnic group, orculture in the child’s growth anddevelopment.

The Convention highlights theimportance of parent education and theprovision of support for parents toenable them to fulfil theirresponsibilities as caregivers and torespect and promote their children’srights. The Guidelines for PeriodicReports seeks information on parenteducation programmes, on counsellingfor parents about child development,and on the effectiveness of theseinterventions. Information is also

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Mozambique: Conversas

em Grande Roda project

photos:

Paula Nimpuno-Parente

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sought about ways in which ‘theevolving capacities of the child’are communicated to parents and caregivers.

Some countries have providedinformation about parent educationwithin programmes in fulfilment oftheir responsibilities as States Parties.For example, the Indonesiangovernment, in its Initial Report,highlighted the Bina Keluarga andBalita () project: ‘to empower poormothers and communities withknowledge and skills allowing them tointeract with and provide mentalstimulation for the very young child,that is, the zero to 3 year old child ...close to 1.3 million mothers in some18,500 villages have been trained in theprogramme ... ’. The report alsomentioned that this programmehas been elevated to the status of anational movement by the governmentof Indonesia. (Indonesia, Initial Report,vol. 2, paragraphs 59 and 60)

The Committee on the Rights of theChild, in its Concluding Observationsfollowing the submission of, anddialogues on Initial Reports from StatesParties, has also stressed the continuing

need for parent education (for examplein Namibia, Philippines, Tunisia).

Some countries have reported on thedifficulties faced by female headedfamilies, for example Namibia: ‘femaleheaded households confront specialproblems in the area of childrearing.Women generally have unequal accessto the limited opportunities for formalemployment in Namibia, particularlybecause of continuing patterns ofgender discrimination and partlybecause wage employment isconcentrated in the urban areas ... Theconsequences for children areillustrated by the 1990 survey,which found that children inhouseholds headed by women are morelikely to be stunted in growth ... Thesurvey showed that in Namibia, femaleheaded households had particularproblems breastfeeding – they often hadto introduce solids at an early age, orgive up breastfeeding altogether,because of the need to work ... Also, infemale headed households, primaryresponsibility for the care of youngchildren often falls upon older siblingsor grandparents. This contributes to theschool dropout rate for young girls,putting them at an educational

disadvantage, which tends to helpperpetuate women’s unequal access toformal employment. (Namibia InitialReport, 140-1, 232-4)

The Committee on the Rights of theChild has also called attention to theneed to provide government supportfor families in need through a variety of interventions, including community-based programmes like child carecentres, family day care, play groups,and toy libraries.

Article 18 specifies the need to supportworking parents. The provisions ofArticle 3 (3) were originally draftedspecifically in reference to child careservices to address the growingconcerns about provision of child carefor very young children that willrespond to their developmental needs.

The Committee has encouragedcountries to support programmes,as in the case of Honduras and Jamaica,through their Concluding Observations:‘The Committee encourages the StateParties to support further measures topromote early childhood developmentand the provision of child care servicesand centres for working mothers’.

(Jamaica, Initial Report ConcludingObservations, paragraph 24).

Countries have reported on policiesrelated to parental benefits as they relateto care for young children. For example,Italy reported on the recognition bytheir Constitutional Court of ‘the rightto take six months of leave, whilekeeping their post and receivingallowance equal to 30 percent of theirpay, during the first year of the child’s

life; the right to take timeoff when the child is sick, during thefirst three years; and the right to dailyrest to care for the child during his firstyear of life (Italy, Initial Report,paragraph 94).

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Finland reported on governmentsupport for parents: ‘The State thereforecontributes to the general maintenancecosts of children, those incurred by thecare of small children, disability, illnessof a child, as well as to the housing costof low income families. Finland hasaccepted that the State’s responsibilityfor the care of small children should notbe limited to day care provision forworking parents. A new standard wasreached in 1990 when parents withsmall children were given an absolutestatutory right, according to theirchoice, either to municipal day care fortheir child or to home care allowance ...Under the current legislation, in 1995, asimilar right will be extended to allchildren under the age of four’ (Finland,Initial Report, paragraphs 423, 411).

Other Articles of special significance

to the ECD community

In addition to the major principles andthe articles that relate to parents andfamilies, there are other articles of theConvention that are directly related toyoung children and thus toprogramming and policies in .These include the following.

The rights of young children in relationto media: Article 17Article 17 is focused on the role of massmedia in relation to children’s rights. Itincludes the obligation of States Partiesto ensure that children have access to adiversity of information and material.This includes especially materials thatwill contribute to children’s well-beingand mental health and that support theaims of education, as set out in Article29. Article 17 takes a proactive stanceand encourages the production ofchildren’s books, promoting storytellingas a foundation for literacy, andpromoting the development of mediawith a particular regard for the localand indigenous languages.

While encouraging access to media,Article 17 also emphasises the State’sresponsibility to protect children fromthe negative impact of violence inmedia and the presence ofinappropriate content and visualimages. Thus, Article 17 is especiallyrelevant to supporting the developmentof young children as consumers andusers of media, as well as protectingthem from potentially harmful effectsof media.

Article 17 is also related to children’sright to freedom of expression andencourages access of children to variousforms of media as a means to promotechildren’s participation. Developmentallyappropriate media products have beenespecially effective for facilitating youngchildren’s participation.

Children’s media specialists developedthe Children’s Television Charter whichis also anchored on the . TheCharter seeks to promote standards ofquality for children’s television that areconsistent with the rights of children tovarious forms of media that aresupportive of their development andtheir learning. This Charter was firstwidely endorsed at the First WorldSummit on Children and Televisionheld in Melbourne, Australia in 1995.In 1996, at the Asian Summit onChildren’s Rights and the Media,governments, private broadcasters andnon-government organisations affirmedtheir commitment to promotingchildren’s rights to a child friendlymedia environment through the AsianDeclaration on Child Rights and theMedia. A follow up regional forum wasconvened in 2001 to assess progress

made and reaffirm commitment topromoting children’s rights in relationto Article 17.

The right to special protection: Article 19This has been widely known as ‘thespecial protection’ clause of theConvention. Article 19 requireschildren’s protection from ‘all forms ofphysical or mental violence’ while in thecare of parents or others. States arerequired to initiate a variety ofmeasures – legislative, administrative,social, educational – to protect childrenfrom all forms of abuse. Theseprotective measures include theprovision of appropriate support tochildren and families. Article 19 mustalso be viewed in relation to Articles 5and 18, which address parentalresponsibilities and the provision ofsupport for parents and Article 28, inrelation to school discipline.

The Committee’s Guidelines for Reportsinclude a request for information onthe ‘educational and other measuresadopted to promote positive and non-violent forms of discipline, care andtreatment of the child; effectiveprocedures for the establishment of

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social programmes to provide necessarysupport for the child and for those whohave the care of the child, includingrehabilitation measures’.

programmes are well-positioned tobe designated as effective preventionprogrammes, especially because of theinteractive and intensive workingrelationships established with parents.The ‘timing’ of interventions alsomakes them suitable as a vehicle forprevention. It is a time when parentsare generally most receptive to helpfulinformation about child development,discipline, childcare, and so on. In thePhilippines, the ComprehensiveProgramme for the Special Protectionof Children includes as the mainprevention component for this nationalprogramme, jointly developed by thegovernment and s who comprisethe Special Committee for theProtection of Children.

The right to be healthy and to healthcare: Article 24 Article 24 builds upon and develops thetheme of ‘right to life, to survival anddevelopment’ set out in Article 6.Paragraph 2 of Article 6 provides a

non-exclusive list of appropriatemeasures that States must take inpursuing full implementation ofchildren’s right to health care withemphasis on the development ofprimary health care.

The Committee on the Rights of theChild promotes the same broaddefinition of health that has beenpromoted by the World HealthOrganisation and : ‘a state ofcomplete mental and social well-being,and not merely the absence of diseaseor infirmity’. This underscores theholistic nature of the Convention andits links to the broad definition of childdevelopment that is promoted by the Convention.

The Guidelines for Periodic Reports seeksinformation that is generally part ofnational information databases:infant and child mortality, provision ofnecessary medical assistance and healthcare to all children with emphasis onprimary health care; measures tocombat disease and malnutrition; theproportion of children with low birthweight; the proportion of thepopulation affected by malnutrition;

prenatal and postnatal care formothers; health education for parentsand children; ⁄ treatment andprevention.

Also significant for young children isthat Article 24 (3) states thatappropriate measures should be takenwith a view to abolishing traditionalpractices prejudicial to health. Sincemany of these traditional practicesoften take place when the child is veryyoung and unable to consent or resist,this is relevant to programmes.

The right to an adequate standard ofliving: Article 27Article 27 provides children with aright to an adequate standard of livingfor their full development. Whileparents are primarily responsible forensuring that this right is fulfilled,States are enjoined to assist parentswhen needed. This article links twoessential principles of the Convention:the child’s right ‘to development – tothe maximum extent or to their fullestpotential’ (Articles 6 and 29); and theprimary responsibility of parents insecuring this right to development,which is reflected in paragraphs 2 and 4

of Article 27. What is important is therecognition that the child’s lifeconditions definitely affect thefulfilment of the child’s right tooptimum development. Article 27identifies the different components ofdevelopment: physical, mental,spiritual, moral and social. This clarifiesthe fact that an adequate standard ofliving does not just refer to meeting thechild’s basic physical needs such asfood, clothing and housing, but to the

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Philippines: PPBM (Association of Registered

Childcare Providers Malaysia)

from: Working with young children and families;

a resource book

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fact that children’s cognitive, social and emotional needs must also be addressed.

In regard to Article 27, discussionsconvened by the Committee on theRights of the Child have beenmaximised to highlight the concernsabout the impact of structuraladjustment policies in countriesdependent on international aid. Theyhighlight the impact of recession, andspecial challenges for so calledtransition economies, such as postcommunist Eastern Europe. Since thesefinancial situations significantly affectpublic expenditures for children’sprogrammes, it is an important issue todiscuss in relation to public

programmes.

The right to education: Article 28Article 28 establishes the child’s right toeducation. The definition of ‘education’is not limited to schooling, althoughsubparagraph (e) on school dropoutsand Article 29 (2) on private‘educational institutions’ do suggest thatthis is generally the goal and theexpectation. Article 28 does notexplicitly refer to early childhoodeducation, but the Guidelines forPeriodic Reports asks for information on:

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Philippines: PPBM (Association of Registered

Childcare Providers Malaysia)

From: Working with young children and families;

a resource book

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‘any system or extensive initiatives bythe State to provide early developmentand education for young children,especially for young children fromdisadvantaged groups’ (paragraph 106).

Some countries have reported on thesignificance of programmes inrelation to the implementation ofArticle 28: ‘Various programmes havebeen initiated to provide equalopportunity to the girl child byreducing their work burden andproviding better access to school andhealth facilities. These include: … theEarly Childhood Education and Care() project within the EducationProgramme which promotes home-based child care and parentingeducation, as well as community-basedchild care centres. Child developmentactivities help reduce the childcareburden of older girls, allowing them toattend school’ (Nepal Initial Report,paragraph 71).

Article 28 also calls upon States Partiesto ensure regular attendance at schoolsand the reduction of dropout rates. Sofar, there are no examples of referenceto programmes in reports onschool attendance, and the guidelinesfor reports do not ask countries to

specify whether children haveparticipated in programmes.However, this would be valuable data topush for, since there is strong evidenceavailable from research, regarding thebenefits of quality programmes,and the impact these can have onreducing dropout and school failure.

The right to play: Article 31Article 31 sets out the child’s right toplay, which seems to be the mostnatural right. Yet there is a tendency tooverlook its importance particularly inrelation to programming. Foryoung children, play is a major lifeactivity, a primary means forinteracting, learning andcommunicating and thus fordevelopment. Play is essential to allchildren’s lives at all ages, but especiallyfor young children. The value of play ina child’s life has been most emphasisedby the early childhood community,both in its work with parents and in itsdiscussions of the provision of care andeducation through more organisedforms of .

Conclusion

The ratification of the Conventionon the Rights of the Child has

presented both challenges and newopportunities for the early childhoodcommunity. It has pushed us to clarifyhow the Articles and provisions applyto young children. It has pushed us tospeak up in forums where theConvention is being discussed. It haspushed us to recognise the need to raisepublic awareness about the nature of,and the processes involved in earlychildhood care and development.

It is our job within the communityto keep young children on theinternational, national, and localagendas. We can maximise the potentialof using the as a vehicle forpromoting as a priority in bothnational and global agendas forchildren by doing the following.- Interacting with States Parties in

preparing, submitting anddisseminating the initial and periodicreports and the ConcludingObservations of the Committee.

- Actively monitoring theimplementation of the Conventionin regard to .

- Participating in the creation ofperiodic national reports as well asindependent reports.

- Participating in dialogues with theStates Parties and the members of

the Committee on the Rights of theChild. These dialogues must centreon the assessment andimplementation ofrecommendations for States Parties,and on further elucidation of theprinciples of the in relation to.

- Participating in local, national, andinternational dialogues aboutensuring children’s rights under thelaw (and ensuring young children’sinclusion within that dialogue).

- Understanding how the legalframeworks, policies, practices andattitudes within our spheres ofinfluence reflect (or fail to reflect)our countries’ ratification of the .

We in the community must do allwe can to transform the promises madethrough the Convention on theRights of the Child into concreteactions for all of the world’s children –right from the start of their young lives. "

* Prepared by Robert G Myers, The Consultative

Group on Early Childhood Care and Development,

for UNICEF and for the Forum, 26-28 April 2000,

as a contribution to the 2000 Assessment,

February 2001

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Rights related to healthy child

development do not seem to be set

out with clarity in the Convention

Developmental rights are much lessclear and concrete in the Convention,for instance, than rights to survival orrights related to protection. As anexample, in Article 27, where anappropriately integral view ofdevelopment is established in Section 1,development is then linked in Section 2directly to providing ‘conditions ofliving necessary for the child’sdevelopment’, and in Section 3 this isreduced more explicitly to providing‘material assistance and supportprogrammes, particularly with regard tonutrition, clothing and housing’.

The early childhood care anddevelopment () community, Ibelieve, would insist that developmentrequires much more than nutrition,clothing and housing. No mention ismade in this article of the Conventionof psychosocial or educationalconditions that should be provided topromote healthy development. Rather,these pieces of what might beconsidered a key dimension in thedevelopmental rights of children arescattered throughout the document andare often handled in a negative way or away that does not make clear theconnection to healthy development.

In general, the Convention assignsprimary responsibility for the

‘upbringing and development of thechild’ to parents or legal guardians whoare to act in ‘the best interests of thechild’ (Article 18, Section 1).

However, as indicated above,governments are also assignedresponsibilities for assisting parents andlegal guardians in the performance oftheir childrearing responsibilities(Article 18, Section 2) and also fortaking ‘all appropriate measures toensure that children of working parentshave the right to benefit from child-careservices and facilities for which they areeligible’ (Article 18, Section 3).Notwithstanding these provisions, asone looks at National Plans (orProgrammes) of Actions (s),

attention by governments to child careinstitutions, facilities and services isfrequently missing. Governments often seem to be content to leave the responsibility for childcare with parents.

Attention to preschool education doesseem to be present in many s. Thisis ironic because the Convention doesnot include preschooling or earlylearning in its treatment of a child’sright to education. Although Article 29states that the education of the childshould be directed to ‘the developmentof the child’s personality, talents andmental and physical abilities to theirfullest potential’ (Article 28), thatprovides the context for this statement

As the was being reviewed and ratified, those in the early childhood field had high hopes that it would provide them with a legalbasis for getting governments to devote more resources to programming for young children and their families. Many people turned to

Robert Myers, a known spokesperson for the field as a whole. Thus, he undertook an analysis of the extent to which the did – or didnot – provide a strong basis for the creation of holistic programmes. What follows is a critique of the that highlights its lack of

clarity in some areas, and suggests ways to remedy its inadequate treatment of early childhood care and development.*

Moving promises to action: a critique ofthe from an perspective

Robert G Myers

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treats education strictly in terms ofschooling. Accordingly, the educationalrights of children are specified in termsof primary, secondary, higher andvocational education (schooling).

Thus, the development referred to inArticle 29 is that which occurs inschool, and primary school is defined asthe starting point. Learning andeducation associated with developmentduring the earliest years (whether athome or in preschool settings) are leftout of the educational rights ofchildren. Instead, we are left to assumethat this early learning is covered inother parts of the Convention, inrelation to, for instance, childcare andchildrearing (Article 18), variousmeasures of protection (eg, freedomfrom abuse, Article 19), or in relation to children in special circumstances,including children with mental orphysical disabilities (Article 23).

One reason this lack of clarity withrespect to the right to education isdisturbing is that most monitoring ofthe component of the Conventionis being carried out in relation to theeducation sector, based on theinterpretation given to the Conventionat the Summit for Children.

A low priority was assigned to ECCD at

the World Summit for Children

Another reason why may not bereceiving its due as part of the follow upof the Convention is that a relativelylow priority was assigned to as theprovisions of the Convention wereinterpreted and translated into goals atthe Summit for Children and in theresulting Plan of Action. The emphasesgiven to particular areas in theworldwide Plan of Action are reflectedin National Plans and in monitoring.More specifically, the Plan, set out at theSummit in September 1990, listed 26objectives to be pursued, each related toan area of sectorial actions favouringthe child. The grouping of theseobjectives by sector was as follows:

It is clear that actions related to all ofthese objectives have a bearing on thedevelopment of young children, butparticularly on their physicaldevelopment as problems are overcome

related to protein-energy malnutrition,lack of micronutrients, diseases, etc.What is again weak, however, isrecognition of the mental, social, moraland spiritual dimensions ofdevelopment referred to in theConvention. The one (number 5) goalof the 25 listed that deals directly withchild development is the first goal listedunder education which states: ‘Increaseearly childhood development activities,including appropriate low-costinterventions based in the family and in the community’. However, it is very general.

This goal goes beyond the Convention’streatment of basic education and doesprovide a basis for attention to earlychildhood development. The reader willnote, however, that the goal is extremelygeneral (as contrasted, for instance,with other goals such as ‘elimination ofillness caused by guinea worm by theyear 2000’, or ‘reduction of 50 percentin deaths caused by diarrhoea inchildren under age 5’). The reader willalso note the reference to low-costinterventions, a stipulation that is notdeemed necessary when setting outother goals or proposed actions.

A further interpretation of theConvention and consolidation ofpriorities was made at the Summit bydefining in the worldwide Plan of

Action seven ‘Principal Goals ofSurvival, Development and Protection’.The seven refer specifically to: 1) infantand child mortality; 2) maternalmortality; 3) malnutrition; 4) water andsanitation; 5) universal access to basiceducation; 6) illiteracy; and 7)protection of children in especiallydifficult circumstances. In thisdelimitation, basic education is madesynonymous with primary schooling,thereby setting aside early childhooddevelopment from the principal goals.Here we see even more clearly how theSummit interpreted and gave priority tocertain parts of the Convention on theRights of the Child. This is importantto note because National Programmesof Action have been formulated, in themain, with respect to the goals set outby the Summit rather than with respectto the broader conditions of theConvention on the Rights of the Child.As a result, many provisions of theConvention are not considered inNational Plans, including such basicrights as the simple right of a child to aname (something that is not part of thelegal fabric of many societies), the rightnot to be abused, or civic rights and theright to participation. And, in theprocess of following the seven generalgoals of the Summit, child developmentand care during the early years arevirtually missing from some s andthe related monitoring process.

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Health and education

of women 4 objectives

Nutrition 8 objectives

Child health 6 objectives

Water and sanitation 3 objectives

Basic education 4 objectives

Children in difficult

circumstances 1 objective

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An emphasis on what can be

measured

That is weak in the follow-upactivities related to the Conventionand in many s may be due tothe fact that an emphasis has beenplaced on quantitative indicators inplanning and monitoring theConvention, for which there areagreed-upon measures that can becompared internationally.Whereas there is generalagreement on certain indicatorssuch as infant mortality, weightfor age, or low birth weight,similar agreement does not nowexist on how to measure themental, social and emotionaldevelopment of young children.And, given the cultural andsocial differences in the way inwhich child development isdefined, it is difficult to insiston an internationallycomparable measure for child

development. There is a tendency tothink that if something cannot bemeasured easily and comparedinternationally, it is not important, oreven worse, that it does not exist.As one looks at s and at reports of

progress, the measurable indicator thatseems to be used for early childhoodcare and development is a measure ofthe coverage of preschool programmes.If preschool coverage increases, theassumption is that there is progresstoward improving child development.However, this institutional view,concentrating on coverage, does not tellus what is actually happening withrespect to various dimensions ofchildren’s development. Also, even thisapparently simple indicator is oftendistorted because only formalprogrammes of preschooling areincluded in the coverage figure, leavingout non-formal programmes andleaving out such initiatives as parentaleducation. Similarly, because thismonitoring occurs in relation toeducational programmes, childcareinstitutions and services may be leftout. Finally, the indicator is notcomparable internationally because ofthe wide variation in the type andquality of the preschool programmesbeing offered in different settings. Inbrief, the quantitative measures beingapplied to monitor early childhood careand development within the frameworkof the Convention are, at best,very limited.

Some questions that must be asked

What I have presented above arethoughts and impressions that must betreated as hypotheses rather than factswhen looking at a particular situationor National Programme of Action. Asreaders seek to verify these hypothesesand as they go about examiningrelationships between the Convention,the Summit, s and specific actionsin their respective countries, thefollowing questions might be keptin mind.

1. How have the provisions of theConvention on the Rights of theChild been translated into theNational Plan or Programme ofAction in your country? Has theattachment of s to the outcomeof the Summit led to reinterpretingthe Convention, or to leaving outattention to some important rights?If so, what provisions of theConvention have been set aside inthe process?

2. Has your country written reports tobe presented to the Committeeon the Rights of the Child? If not,why not? If so:

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Brasil: ‘A criança tem direitos

assegurados antes mesmo de nascer’

from: A turma da mônica;

Prefeitura do Município de São Paulo

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a. To what extent do the reportsreflect a critical view of thesituation of children and ofprogress toward fulfilment of theobligations under the Conventionand to what extent do the reportssimply present positive outcomesand plans?

b. Who has participated in theprocess of writing the reports andhow has that affected them?

c. Is the information providedreliable?

d. Are national reports in the publicdomain? Have they been debated?

3. How has early childhood care anddevelopment been treated in your, in monitoring and in reports?Are specific goals andobjectives included? What are theindicators proposed for monitoringprogress toward the goals? Are theseadequate? Does monitoringconcentrate on formal preschooleducation or are non-formalprogrammes and child careprogrammes also included?

4. Does the inability to quantify earlychildhood progress distort planningand prejudice important areas?

A challenge

Despite ratification of the Conventionon the Rights of the Child by most ofthe countries in the world, and despitethe fact that human development andquality of life have been placed, in recentyears, much more at the centre of theinternational development debate, childdevelopment has not yet become anatural and important part of thatdebate or of monitoring thedevelopmental progress of nations. Assuggested above, this failure is related atleast in part to the failure to agree uponappropriate measures of whatconstitutes early childhood care anddevelopment.

This presents the community witha major challenge: to agree uponmeasures of early childhooddevelopment that can be used formonitoring the developmental progressof children at a national level. Thismeans moving beyond measures ofprogramme coverage. In facing thischallenge, it will be important to acceptand preserve differences in culturaldefinitions of early childhooddevelopment. This means that theindicators used will not be comparable

internationally (or even, necessarily,applicable at national levels in suchheterogeneous places as India). Butsuch agreed-upon indicators can beuseful for planning, programming,monitoring and evaluation at eithernational or local levels which, after all,are where initiatives are taking placeand where effects are expected.

In facing this challenge it will also beimportant to respect the integratednature of development. It would beunfortunate, for instance, to definedevelopment exclusively in terms ofphysical development or of mentaldevelopment, leaving aside social andemotional development. This suggeststhe need for developmental profiles ofchildren and the need for periodicmeasurement of the several dimensionsto see how they are moving over time.Creating a profile of child developmentor of the status of children may bemore a political than a technicalquestion, requiring ways to get differentparts of government and society tobring together in one place the variousmeasures presently being applied tocreate the profile. It may also involve aneven more difficult task of overcomingfeuds within academic communities

where various schools of thoughtdefend at all cost their particularmeasures of child development. Thesepotential obstacles notwithstanding, thegoal is within our reach, as is beingshown, for instance, in Jamaica where a process of monitoring the status ofchildren has been agreed upon and isbeing tried out.

Let us accept the challenge of definingearly childhood indicators that can beused to monitor children’s developmentas our contribution to making theConvention on the Rights of the Child a living document. Let us promote solidplanning and monitoring at nationaland local levels of child developmentprogrammes in the best interests of thechild and of our respective societies. "

* This article has been taken from ‘The Convention

on the Rights of the Child: moving promises to

action’ Coordinator's Notebook No. 17; The

Consultative Group on Early Childhood Care and

Development

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Early Childhood Care andDevelopment () is all that thename implies and more: it comprises allthe essential supports a young childneeds to survive and thrive in life, aswell as the supports a family andcommunity need to promote children’shealthy development. This includesintegrating health, nutrition, andintellectual stimulation, providing theopportunities for exploration and activelearning, as well as providing the socialand emotional care and nurturingchildren need in order to realise theirhuman potential and to play an active

role in their families and later in theircommunities. This holistic view ofchildren’s well-being, while by nomeans new, has been validated andencouraged by the Convention on theRights of the Child. It has only recentlybeen understood that the basic need forfood, healthcare and protection are notjust needs but rights (implying dutiesand obligations) and that, in addition,the rights to affection, interaction,security, stimulation and opportunitiesfor learning have been accepted as beingjust as fundamental. Children’s rightsare about the obligations of all adults to

protect the best interests of children,and to create the conditions underwhich they can develop and thrive.

Research suggests that significant andcritical brain development anddevelopment of intelligence occurbefore the age of seven. Moreover,during the first two years of life, most ofthe growth of brain cells occurs,accompanied by the structuring ofneural connections in the brain. Thisprocess is influenced by a child’snutritional and health status and also bythe kind of interaction a child develops

with people and objects in theenvironment. It is highly dependentupon adequate nutrition, stimulation,and care. During these first years, thekey brain pathways for lifelongcapabilities are established (or not).Therefore, what happens to a child, andthe opportunities provided to a child inthe first years are crucial in determininglifelong outcomes. While there remainsongoing debate about the degree towhich early disadvantages or trauma canbe reversed later on, including targetedinterventions that aim to ameliorateproblems, it is clear that adequate

A response to the Global Movement for Children’s

Rallying Call and Outcome Document ‘A World Fit for Children’

Early childhood counts: The Consultative Group on Early Childhood Care and Development (CG)*

In preparation for the Special Session on Children, a statement was created by Agencies, s, donororganisations and youth to reaffirm commitments made in the . This is presented in ‘A World Fit for Children’.The document can be found at www.gmfc.org. As the statement was being developed, many in the communitydid not feel that the official text adequately reflected the issues and concerns of those working with young children

and their families. Thus, under the leadership of the CG, a set of additional proposals was produced. These areintroduced in this article, and presented as additions to the relevant points in ‘A World Fit for Children’.

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attention to the first months and years(including prenatally) of a child’s lifeensures the best possible start in life.

What is a World Fit for Children?

- It is a world where it is understoodthat development is continuous andthat learning begins at birth forevery child no matter what theircircumstances or abilities.

- It is a world that recognises that thebest possible start to life depends onthe quality of earliest years of lifeand that this is the foundation onwhich future child developmentrests. Attention to early childhoodcare and the emotional, pyscho-social, cognitive, spiritualdevelopment as well as to the health,survival and primary educationneeds of children is critical toproviding the foundation for lifelonglearning, and active and productiveparticipation in society.

- It is therefore a world in which thoseinvolved in the care, developmentand education of children aresupported in their responsibilities.

We are therefore particularly concernedwith the lack of reference to in the

Global Movement for Children’sRallying Call and included as principlesin the Outcome Document, ‘A World Fitfor Children’. As such we have addedmore prominent references to inPoints 3, 7 and 10 of the GlobalMovement’s Outcome Document.These are shown in bold below.

Point 3: Care for Every Child All children must enjoy the highestattainable standard of health, especiallythrough immunisation, good nutritionand diet, holistic care (as critical tosurvival, growth and development),opportunities for play and stimulatingactivities, clean water and adequatesanitation, proper housing and a safeand healthy environment.

The Global Movement OutcomeDocument, mentions care, but only asit relates exclusively to good health andsurvival. Care is critical to survival,growth and development. It needs tobe understood that child developmentis not synonymous with child health,that survival and development aresimultaneous and that development isnot something that occurs aftersurvival. At the same time thatchildren struggle not to die, they

struggle to develop mentally, sociallyand emotionally. Child survival is partof , but it is not the wholepicture. Once a child has survived, thequestion must be asked: what is thequality of life for that child, and howcan that child realise her/his potential?Children who are helped to survive,and then are basically ignored by theirsociety until they reach school age,frequently develop serious health andmental deficits that may persist andwhich will generally impede their

ability to participate productively intheir society.

Our understanding of the two-wayinteractive relationship betweenpsycho-social well-being andnutritional status and health hasincreased enormously in recent years.This synergism between differentaspects of children’s developmentmeans that holistic approaches are vitaland need to address both children’sphysical and psycho-social well being.

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Thailand: A chance for

children project;

Children from Bangkok

slums are looked after by

their grandmother

photo: Srilada Ketwong,

Foundation for Slum

Child Care

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In the absence of a more holistichuman development/social justiceframework, agencies oftenoveremphasise the physical status ofchildren, because, by its very nature,progress in the areas of children’spsycho-social development is morecomplex to assess, whereas weight orcompletion of immunisation schedulesare easier to measure. However, there ispromising work in the developmentand use of indicators beingundertaken by various groups includingthe (See Coordinators’ Notebook 24,2001) which explores the issue ofmeasuring outcomes (or disabilities anddelays) in supporting young children’soverall development using a broaderrights-based framework, giving dueattention to all aspects of children’sdevelopment and to what extent adultsare meeting their obligations.

needs to be given its place – itneeds to be stated as a goal in ‘A WorldFor Children’ and reference should bemade to programme activities that arenot solely health related.

Point 7: Educate Every ChildAll girls and boys must receive acompulsory, free primary education ofgood quality and access to lifelong

learning opportunities, beginningwith the pre-primary years includingnon-formal activities in homes,communities, etc.

Point 7 of the Global Movementdocument asks us to educate allchildren. However, the explanatorystatement that follows in the documentemphasises obligatory and freeeducation. That statement obviouslypertains to formal schooling and toprimary schooling. But it does notmake sense if applied to ‘education’ and‘development’ during the earliest years,most of which occur in and around achild’s home and community. If webelieve that learning begins at birth asindicated in the Jomtien and DakarDeclarations related to Education forAll, it is important to realise that basiceducation begins then too. What ismore basic than a solid foundation forall later learning?

In supporting the youngest children, itis especially important to recognise that programmes play a crucial role inestablishing basic education for all.Support for young children does notmerely refer to establishing preschoolsor infant classes. It refers to all theactivities and interventions that address

the needs and rights of young childrenand help to strengthen the contexts inwhich they are embedded: the family,the community, and the physical, social,and economic environment.

Emphasis needs to be placed ondeveloping and using approaches whichrecognise, respect and build on families’achievements and the very realconstraints they face in supporting theirchildren’s overall development/learningand ensuring their rights. This is a verydifferent way of thinking abouteducation and basic educationalstrategies than is normally understoodwhen discussing the needs of primaryand secondary students.

A case in point: the only eccd goal andonly two eccd-related strategies in theentire Outcome Document, ‘A World Fitfor Children’ are included in the goal of‘Promoting Healthy Lives’. There is notone eccd-related goal or strategy underthe broad goal of ‘Providing QualityEducation’. While one outcome of eccdprogrammes is that they can helpchildren to be more successful inschool, the early years are a crucialphase of human development and notmerely preparation for later years.

While a focus on primary education isundoubtedly important, evidencestrongly suggests that eight is too lateto start paying attention to children’slearning needs. By the time a childreaches school age, most key wiring,language abilities, physical capabilitiesand cognitive foundations have been setin place. It is also important for tobe rooted in education because it is thepsycho-social aspects of children’sdevelopment which have the mostsignificance for long-term social changeand sustained realisation of children’srights. The psycho-social piece of

is inevitably dealing with the sort ofpeople we want our children to be andthe kind of society we work towards –central to all of our work in educationas a whole. The great strengths ofquality programmes are theiremphasis on developing children’sunderstanding of their world andsupporting the confidence,communication skills and flexibilitythey need to interact effectively withthat world – dealing with real lifechanges, better able to obtain theirrights and to be active, contributingmembers of society.

as a field has valuable experienceto share, including effective strategies

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for supporting young children in theirdevelopment, supporting families, andwhat is of greatest interest to manyprimary level educators, helping tomake schools readier for learners andlearners readier for school.Furthermore, early childhoodprogrammes can also benefit womenand older siblings by freeing them fromconstant child care responsibility sothey can learn and seek betteremployment and earnings.

Point 10: Fight poverty: invest inChildrenBecause children suffer the most frompoverty, the fight against it must beginwith them. This includes investing insocial services that benefit the poorestchildren and their families, such asbasic health care, early childhoodprogrammes and primary education.At the same time, the well-being ofchildren must be a priority objective ofdebt relief programmes, developmentassistance and government spending.

Point 10 lists only health care andprimary education as solutions in thefight against poverty. By providing a‘fair start’ to all children, it is possible tomodify distressing socio-economic andgender-related inequities. The

unhealthy conditions and stressassociated with poverty areaccompanied by inequalities in earlydevelopment and learning. Theseinequalities help to maintain ormagnify existing economic and socialinequalities. In a vicious cycle, childrenfrom families with few resources oftenfall quickly and progressively behindtheir more advantaged peers in theirmental development and their readinessfor school and life, and that gap is thenincreasingly difficult to close.

In summary, it is critical that we payproper attention to young children’sissues as well as those affecting olderchildren. International trends (forexample: migration; nuclear families;girls and women’s heavy workloads;increasing school enrolments; /s;globalisation and dependence on casheconomies that threaten women’sdecision-making control and insecurity;and so on) affect every aspect of youngchildren’s lives.

as central to a child rights strategyensures a proactive approach inreducing exploitation (rather than justbeing reactive) by building families’ andcommunities’ sense of engagement withtheir children’s rights from an early age,

thus increasing the supportiveness ofthe environments in which children aregrowing up and reducing the numberof children who need protection orrehabilitation projects. At the same time we are strengthening the abilities of children to have a say in their own futures.

It is essential that all who are involvedin influencing the context in whichchildren live, learn and grow – familymembers to international policy-makers – meet their obligations. Thisincludes supporting the position ofEarly Childhood Care and

Development in the Global Movementfor Children’s Rallying Call and thefinal version of the Outcome Document‘A World Fit for Children’ because EarlyChildhood Counts. "

note

*The Consultative Group on Early Childhood Care

and Development is a consortium of networks,

donor agencies, private foundations, s and its

Secretariat, all working to improve and promote

programming, policy-making and research related to

young children and their families in the Majority

World. Website: www.ecdgroup.com

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Zimbabwe: Kushanda Project

photo: Paula Nimpuno

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In defence of the child in IndiaSham Sunder Ads

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This message from the Father of theIndian Nation, Mahatma Gandhi, theapostle of non-violence, inspired ourproject ‘In defence of the child’. Theproject focuses on children’s rights,reinforcing their entitlements, andhighlighting what is lacking. Weorganise campaigns to disseminateinformation about policies and legal

provisions relating to childcare anddevelopment, and to raise publicawareness on the importance of civilregistration. We also conductgrassroots-level surveys of childrenliving under difficult circumstances,using the findings as tools in ouradvocacy work. Finally, we provide legalaid for cases that are of public interest.

Our goals are:• to sensitise s, the media, law

enforcement instruments and policymakers on children’s rights and,particularly, on primary education asa fundamental right;

• to make civil registration lesscomplex;

• to ensure that laws that violatechildren’s rights are amended;

• to prepare a Draft Uniform ChildCode for consideration by thegovernment;

• to make local authorities, children,

parents and civil society aware of thelocal government’s role in theadministration of childcare servicesand development;

• to take appropriate steps regardingthe situation of children living in themost difficult circumstances; and

• to establish legal precedents throughtest cases in the courts.

One important element in our work hasbeen to find out about provisions forchildren in the Constitution of India,and to examine the extent to which they

I wish you could realise that the destiny of our

beloved land lies not in us, the parents, but in our children “”

Dr Sham Sunder Ads is President of the Committee for Legal Aid to the Poor (). In July 1998

initiated the Foundation-supported ‘In defence of the child’ project. The overall aim of the project is to ensurethat the legal process and system are responsive to children’s needs; and one important goal is to sensitise and

educate key players involved in implementing child-related laws and policies. This article discusses afundamental piece of work carried out by : a study of how well India’s Constitution and child-related

laws support children in securing their rights and entitlements, as set out in the Convention of the Rights ofthe Child (). It also shows how this work identified areas of Indian law that needed attention; and shows

how itself provided legal support to help bring about necessary changes.

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comply with the United Nations’Convention on the Rights of the Child.A Task Force consisting of jurists andadvocates, undertook to collect acts,rules and regulations relevant forinfants and children. These were set upin a matrix that related each to therelevant element in the , and noteswere added for future study andguidance. This helped greatly indemystifying the legal provisions fornon-experts. To add to the body ofinformation included in the matrix, wealso conducted surveys in sevencommunities about the kinds of legalaction that can be taken for infants andchildren. All of the outcomes of ourwork have been translated into thelanguage of the region that we work inso that it is easily accessible to everyone.

Indian laws and the CRC

We cannot include a discussion of all ofour work in this short article. Instead,we have focused on some of the mostbasic principles of the , including:ensuring that terms such as ‘child’ and‘children’ are properly defined; that eachchild has citizenship; that laws againstexploitation are in place; that educationis guaranteed; and so on.

What is a ‘child’: The definition of ‘child’ is everyhuman being below the age of 18 years,unless under the law applicable to thechild, majority is attained earlier.

India: Many different terms anddefinitions are used in one or other ofIndian laws. These include: ‘minor andmajor’, ‘infant’ (0-8), ‘children’ (up to14, in most cases), ‘juveniles’ (allminors: boys up to 16; girls up to 18),‘adolescent’ (14-18) and ‘youths’(includes adolescent and beyond forcertain purposes). One specific mentionof child is about those under 14 notbeing allowed to work in factories,mines or any other hazardousemployment. This fulfils the provisionsof crc in respect of ‘minimum age orminimum ages for admission toemployment’; and it is in line with anattempted uniformity in Indian law thataims to prohibit child labour.

: It is recommended to establish aminimum age below which childrenshall be presumed not to have thecapacity to infringe the Penal Law.India: The Indian Penal Code hasestablished this minimum age at sevenor below. This is known as the age of

innocence. The time between eight andtwelve years is known as the age ofimmaturity of understanding.

‘Child’ versus ‘children’: There is an emphasis on the childas a member of a group, organisation orcommunity. ‘Child’ in the singular senseis more appropriate to ensure the rightagainst exploitation. In several Articles,the term child is the focus of concernand is recommended to be so. Inrecommendations about reducing earlydeaths, the Convention alsorecommends using the terms ‘infantmortality’ (children under one year);and ‘child mortality’ (children aged twoto five). The plural use of the term –children – is used in a few cases. Theseinclude the following:- improving the living conditions of

the children.- Combating illicit transfer and non-

return of children abroad.- Ensuring the development of

institutions, facilities and services forthe care of the children.

- Exchanging appropriate informationin the field of preventive health careand of medical, psychological andfunctional treatment of disabledchildren.

- Ensuring that all segments of society,in particular the parents andchildren are informed and haveaccess to education and aresupported in the use of basicknowledge of child health andnutrition, the advantages of breastfeeding, hygiene and environmentalsanitation and the prevention ofaccidents.

- Taking all effective and appropriatemeasures with a view to abolishingtraditional practices prejudicial tothe health of children.

- Preventing use of children in theillicit production and trafficking ofdrugs and psycho-tropic substances.Similarly, protecting children fromthe illicit use of narcotic drug andpsycho-tropic substances.

- Developing measures to preventexploitative use of children inprostitution and other unlawfulpractices.

- Developing measures to preventexploitative use of children inpornographic performances andmaterials.

- Preventing the adoption of, sale ofor traffic in children for any purposeor in any form.

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- Developing measures for dealing withchildren without resorting to judicialproceedings, and so on.

India: In Indian law we found that, ingeneral, the word ‘children’ implies thatthey have to be organised in groups,associations or communities or in someother way. The word ‘child’ appears but itis not clear that any distinctions are drawnbetween the two terms. In this it differsfrom the . The principles of Statepolicy towards children, as depicted in theConstitution, include the following.

• Positive discrimination in favour ofchildren.

• Withdrawal/non-engagement ofchildren in factories or mines, includinghazardous occupations and processes orany other hazardous employment.

• Every child is a citizen and has the rightto adequate means of livelihoodwithout gender discrimination.

• Equal pay for equal work for childrenabove 14 years, irrespective of gender.

• Children must not be forced byeconomic necessity to enter a vocationunsuited to their age, strength or stateof health.

• Children should be able to develophealthily and in conditions of freedomand dignity.

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India: from Care of children in disadvantaged conditions;

a research project by Alagappa University

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• Free and compulsory educationshould be available to all childrenfrom birth to 14 years inclusive.

• Legal Aid should be available to children.

Birth and death: In Article Seven, the declaresthat ‘a child shall be registeredimmediately after birth’.

India: There are four different systemsfor registration of child birth: forchildren below 21 days; below onemonth but older than 21 days; aboveone month but below one year; andabove one year. A large number ofchildren end up not registered at all.The state of the world’s children 2000published by , specificallymentions the importance of registrationof birth for India, because India wasone of those countries with fewer than50 percent registration. alsopointed out that non-registration mayincrease the likelihood of children beingdenied access to basic services and missout in health care and education.

Obtaining a name: Article Seven of the alsodeclares that a child ‘shall have the rightfrom birth to a name’.

India: Indian law permits as much as 14years to register a child’s name. Inaddition, traditions, customs and normsof some peoples – for example, theBondas – mean that their children arenot given a name until a certain timehas elapsed after birth. Laws appear tobe flexible enough to accommodate this.

Obtaining nationality/citizenship: In Article Seven, the declaresthat a child ‘shall have the right toacquire a nationality’.

India: The questions that we had toanswer were about whether childrenlegally have nationality in India;whether their citizenship can beestablished easily; and what documentsthey ought to have as evidence. Indianlaws give citizenship to the children ofIndian citizens. However, given thedifficulties in registering births, thenon-registration of births, and the longdelays that can occur in registeringnames, the picture is not verysatisfactory. Even when the birth of achild is registered, the Birth Registrationform does not clearly state the child’snationality – and does not thereforeprovide evidence to show that the childis empowered as a citizen of India.

is insisting that there must be some

kind of document to testify that, after alive birth, a child is a national of India,and is accepted as a citizen. While this isa matter of right, it is also of greatpractical importance in childhood andthroughout life: some aspects of Indianlaws apply only to citizens and onlyproper documentation will ensure that children can enjoy all their rightsand privileges.

Education: Article 28 says that, ‘States Partiesrecognise the right of the child toeducation, and with a view to achievingthis right progressively and on the basisof equal opportunity, they shall, inparticular, make primary educationcompulsory and available free to all’.

India: In Article 45 of the Constitution,there is provision for free andcompulsory education for all childrenuntil they reach the age of 14. BirthRegistration forms show the educationof mother and father. When a motherand father are illiterate, their childrenare identified as ‘First GenerationLearners’ – that is, the first generationin their families to receive education.More than 50 percent of Indian citizenshave not attended the basic level ofeducation promised by the State; and

we have found that, using the

definition, more than 90 percent ofparents are functional illiterates. Thechildren of such parents will not be ableto get appropriate support for theireducation from their parents. Inaddition, a close analysis of earlyeducation shows that there are at leasttwo streams. Those who are affluentand powerful are now opting forEnglish-medium pre-primaryeducation, nursery schools orMontessori schools for their children;poor people are resorting to thegovernment-promoted lower primaryschool, where the medium used isOriya. The division is very clear, as areits consequences.

Institutions, services and facilities: Articles 3 and 18, indicate thatnecessary institutions, services andfacilities have to be ensured forchildren.

India: prepared a monographshowing the role of institutions inproviding services and facilities, as setout in various Indian laws. This definedareas for action to ensure effectiveimplementation of child related plansand programmes. Following on fromthis, provided legal support to

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bring about change in the following:a) Ensuring the registration of live

births.b) Ensuring provision for the

maintenance and custody ofchildren.

c) Bringing public interest groupactions on behalf of children insimilar situations. For instance,children approached to helptheir families resist eviction fromgovernment land, because this wouldgreatly harm their education.

was successful in having the evictionsreviewed, thereby taking effectiveaction in an area that is not normallylinked directly to child rights.

d) Banning illegal advertisements forbaby foods.

e) Establishing coordinatedcampaigning networks. For example,the Orrisa Forum for Crèche‚ andChild Care Services () wasformed in collaboration withNational . Together, we areconducting the ‘Child First’campaign on education andawareness building.

f) Coordinating action to ensure thatdisasters are responded to in line

with legal requirements. Forexample, the Disaster ResponseServices and Advocacy Cell wasformed in the wake of the SuperCyclone in Orissa, to ensure that theOrissa Relief Code was adhered toand functioned as it should.

For the future

Following the adoption of the in1989, the World Summit for Children,held in New York, established 27Survival and Development goals forchildren to be realised by the year 2000.India is a signatory to these goals and –as required – approved a National Planof Action for Children in line withthem. The 27 Goals are as follows.

1. Reduction of infant and under-fivechild mortality rates by one third,or to 50 and 70 per 1,000 livebirths, respectively, whichever isless.

2. Reduction of maternal mortality byhalf.

3. Reduction of severe and moderatemalnutrition among under fivechildren by half or 1990 levels.

4. Universal access to safe drinkingwater.

5. Universal access to sanitary meansof the disposal of excreta.

6. Universal access to basic educationand achievement of primaryeducation by at least 80 percent ofprimary school age childrenthrough formal schooling or non –formal education of comparablelearning standard, with theemphasis on reducing the currentdisparities between boys and girls.

7. Reduction of the adult illiteracyrate (the appropriate age group tobe determined by each country) toat least half its 1990 level, withemphasis on female literacy.

8. Provide improvement in theprotection of children in especiallydifficult circumstances, and tacklethe root causes leading to suchsituations.

9. Special attention to the health andnutrition of the female child and topregnant and lactating women.

10. Access by all couples to informationand services to prevent pregnanciesthat are too early, too closelyspaced, too late or too many.

11. Access by all pregnant women toprenatal care, trained attendantsduring childbirth and referralfacilities for high risk pregnanciesand obstetric emergencies.

12. Reduction of the rate of low birthweight (less than 2.5 kilograms) toless than 10 percent.

13. Reduction of iron deficiencyanaemia in women by one third of1990 1evels.

14. Virtual elimination of iodinedeficiency disorders.

15. Virtual elimination of Vitamin Adeficiency and its consequences,including blindness.

16. Empowerment of all women toexclusively breast feed theirchildren for four to six months andto continue breast feeding withcomplementary food for up to twoyears of age or beyond.

17. Growth promotion and its regularmonitoring to be institutionalisedin all countries by the end of thenineties.

18. Dissemination of knowledge andsupporting services to increase foodproduction and ensure householdfood security.

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Nalini, a girl and Goutam, a boy obtained their registration certificates with ’s intervention – but only after 67 days and 65

days respectively. Does this constitute ‘registration immediately after birth?’ This is apparently legal but is pursuing this

matter to ensure that the provisions of are reasonably honoured.

”“

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19. Global eradication of poliomyelitis bythe year 2000.

20. Elimination of neonatal tetanus.21. Reduction by 95 percent in measles

deaths and reduction by 90 percent inmeasles cases compared to pre-immunisation levels by 1995 as amajor step to the global eradication ofmeasles.

22. Maintenance of high level ofimmunisation coverage (at least 90percent of children under one year ofage) against diphtheria, pertussis,tetanus, measles, poliomyelitis,tuberculosis and against tetanus forwomen of childbearing age.

23. Reduction by 50 percent in the deathsdue to diarrhoea in children under theage of five years, and 25 percentreduction in the diarrhoea incidencerate.

24. Reduction by one third in the deathsdue to acute respiratory infections inchildren under five years.

25. Elimination of guinea worm disease(dracunculiasis).

26. Expansion of early childhooddevelopment activities, includingappropriate low – cost family andcommunity-based interventions.

27. Increased acquisition by individualsand families of the knowledge, skillsand values required for better living,made available through all educationalchannels, including the mass media,other forms of modern and traditionalcommunications and social action,with effectiveness measured in termsof behavioural change.

Ten years on, these goals, and theGovernment of India’s National Plan ofAction for Children, provide a referenceagainst which to measure what has beenachieved in terms of policy and itsimplementation, how well it has beenachieved, and what remains to be done.India is far from alone in failing toconform with all of the provisions of .But progress is being made and we havefound that there are many ways toinfluence – and help improve – policies and laws for children because the exists. "

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India: Personal hygiene

from a photo story by

Gandhigram Rural Institute

Tamil Child-to-Child project

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ECD – an essential component in any

child rights strategy

programmes are about influencingthe contexts in which children aregrowing up, including their families,communities, and local institutionssuch as schools, health centres, and soon. They are also about influencing thepolicies that help to create thesecontexts, and addressing the issueswhich slow down and damage children’sdevelopment. Overall, the point is toensure that contexts are supportive ofchildren’s development so that they

grow up healthy, well-nourished,protected from harm, with a sense ofself-worth and identity, and enthusiasmand opportunities for learning; and thatthey learn to think for themselves,communicate effectively, get on withothers, and play an active role in theirfamilies (and later their communities).Much of this relates directly to theirrights. Indeed, it is true to say that

programmes are about children’s rightsand the obligations of the state and ofall adults to protect the individual childand create the conditions in which allchildren can develop their potential.

This is quite different from a widelyheld perception of as simply apiece of basic education (or whichsometimes equates only withpreschools). programmes areabout opportunities for learning. Butthey are also about a far broader rangeof concerns. This holistic view ofchildren’s well-being, while by nomeans new, has been validated andencouraged by the . The basic needfor food, healthcare and protection hasalways been central to child-focusedagencies’ work and has been longembedded in government policies. It is

only more recently that these have beenunderstood not just as needs but asrights (implying duties andobligations); and also only recently thatthe rights to affection, interaction,security, stimulation and opportunitiesfor learning have been accepted asbeing just as fundamental.

Within the child rights framework,

programmes are called upon to occupythe very position which the best ofthem have already assumed as aresponsibility for many years. With theimpetus of the Convention, this

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Early childhood development programmes and children’s rights

Caroline Arnold

The author is Regional Child Development Adviser (Asia) for Save the Children ( and Norway). In this article she asserts thecentrality of children’s rights – and therefore the Convention on the Rights of the Child () – to early childhood development ()

and its programming. She therefore argues strongly for holistic programming and against focusing solely on basic education, arestriction that would eliminate much of the potential of programmes to directly support the aims and spirit of the . Her articlealso reflects on what else the community could and should be doing to ensure that the does indeed help to shape programmingfor young children. To provide a practical example of what rights oriented programming can mean, she surveys a qualitative study

that was carried out in four villages in Nepal to discover how parents contribute to ensuring that the rights of their children are met.

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interpretation of the role of isincreasingly being taken on board bymany agencies and governments. Butclearly there are still serious gaps inunderstanding here, as is evidenced bythe endless frustrations many of us havehad with the preparations anddocuments for the United NationsSpecial Session on Children. At the timeof writing (June 2001), there almostseems to have been a relentless wateringdown of references to supporting youngchildren’s overall development insuccessive documents. Attention toyoung children’s overall development ascapable, confident and caring people isminimal, and the only piece that receivesappropriate attention is survival andgood health.

This treatment of is inconsistentwith the priorities of any child rights

agency, making it all the more imperativefor the community to think throughhow we can make our voice heard evenmore clearly in support for as centralto both education and to overall childrights strategies. The justification for thisis based on two complementaryperspectives:

- young children’s rights must receivethe same levels of attention as dothose effecting older children. Toooften agencies simply ignore this agegroup – which includes over one thirdof all children – or focus solely onsurvival. Yet international trends(migration, changes in nuclearfamilies, heavy workloads of girls andwomen, increasing school enrolments,globalisation and dependence on thecash economy and resulting threats towomen’s decision-making control,

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Nepal: Watering the plants

photo: D. McKenzie

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insecurity, and so on) affect everyaspect of young children’s lives.

- It can be done: a wide range ofinitiatives fall under the

umbrella - from working withfamilies to changing systems thatmarginalise or exclude somechildren.

And there are proactive (rather thanjust reactive) approaches to helping toensure young children’s rights. Withinthese approaches, two essentialcomponents are:

- building families’ and communities’sense of engagement with theirchildren’s rights from an early age,thus increasing the supportiveness ofthe environments in which childrenare growing up and reducing thenumber of children who needprotection or rehabilitation projects;and

- strengthening children’s own internalprotection skills – building theirconfidence and capacity to have a sayin their futures, so they are moreable to assess situations, question,come up with alternatives, and so on.

Strengthening ECD programming for

children’s rights

To be effective, the unusually holisticnature of programmes has to beprotected from tendencies to play downthe very aspects which have the mostsignificance for a long-term shift insocial norms for ensuring children’srights. Clearly children’s health andnutrition are central concerns but so arethe psycho-social aspects and thesemust not be neglected. This is becauseit is the psycho-social aspects ofchildren’s development that have themost significance for long-term socialchange and for the sustained realisationof children’s rights. That means that is inevitably dealing with the sortof people we want our children tobecome and the sort of society we worktowards – something that is central toall of our work in education as a whole.In practical terms, the great strength ofquality programmes is theiremphasis on developing children’sunderstanding of their world, andsupporting the confidence,communication skills and flexibilitythey need to interact effectively withthat world. These are the capacities thathave the greatest significance in

enabling children, as they grow up, todeal with real life challenges; be betterable to obtain their rights; and beactive, contributing members of society– all of which are essential if we expectchildren to grow up able to contributeto major change in society.

The statements above obviously applyto the best of what we do to supportchildren’s development whatever agethey are. But they have a specialimportance for young children: it isduring the earliest years that our basicsense of ourselves and our relationship

to the world is established. Patterns areestablished at this time that have far-reaching implications.

In addition, we have recently begun tounderstand the importance of the two-way, interactive relationship betweennutritional status and health on the onehand, and psycho-social well-being on

the other. This synergism betweendifferent aspects of children’sdevelopment means that holisticapproaches are vital – even whereprogrammes are not concerned withthe ‘whole child’ but, instead, havespecific educational or physical goals.Of great importance here in termsis the fact that the younger the child,the more difficult it is to differentiatebetween the relative importance ofphysiological and psychological factors.

Difficulties can arise in agencies wherethere are strong sectoral divisions rather

than a more holistic rights-basedapproach. Experience in almost everyagency confirms that educationalistsalways include a concern for children’shealth and nutrition when planninginterventions for young children. Onthe other hand, health personnel do notalways reciprocate, favouring a medicalworldview rather than a human

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Early education is not expected to be delivered

primarily in formal settings, nor is that necessary. Instead the

emphasis has to be on approaches which recognise,

respect and build on families’ achievements.

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development/social justice framework.An over-emphasis on physical statuscan also happen because, by its verynature, progress in the area of children’spsycho-social development is morecomplex to assess, whereas weight orcompletion of immunisation schedulesare easy to measure. This issue ofmeasuring achievements in supportingyoung children’s overall developmentusing a broader rights-based frameworkand giving due attention to all aspectsof both children’s development andhow adults are meeting theirobligations is an area where promisingwork is being undertaken under theauspices of the Consultative Group onEarly Childhood Care and Development.

Other difficulties in holding a holisticapproach to programming centreon an over-concern with school. Thishas two sides. The first is that learningbegins at birth and that we learn fasterduring the earliest years than at anyother time, and that most learningduring the earliest years occurs inhomes and should continue to do so.Early education is not expected to bedelivered primarily in formal settings,nor is that necessary. Instead theemphasis has to be on approaches

which recognise, respect and build onfamilies’ achievements. The need then isto recognise that families face very realconstraints, and to ensure that they getthe support that they and theircommunities need to strengthen theirabilities to aid their children’s overalldevelopment and ensure their rights.

The second side to an over-concernwith school in programmes is to dowith what is perceived to be the rightkind of preparation for achievement inthe formal school system. Here there isoften a tendency to take a mechanisticapproach that relates to future academicsuccess, and this is coupled with theerroneous idea that children are moreor less passive recipients of knowledge.At its worst, it can mean that formalschool approaches trickle down intoand replace developmentally rich

approaches. Taking this line is to denythat young children are creative,proactive agents in their own learningwho acquire, develop and use new skillsreadily and use them naturally in waysthat enrich their own development.The need is to build on such attributesso that the child can develop fully,rather than crush the children orreduce them to mere tools in the

realisation of inappropriately restrictedobjectives.

Conclusion

Until relatively recently, much of thediscussion around children’s rightstended to focus on legal frameworks,policy decisions and so on. Thisremains centrally important: the islegally binding for States and it hasensured that appropriate attention hasbeen paid to government policies andinitiatives. However, we are increasinglyaware of the necessity, within a rightsperspective, to concern ourselves withinall the contexts in which children live.Quite simply, there are moralobligations to children that extendthroughout societies that long precededany treaty: children’s rights are aboutthe obligations of all adults to protectthe best interests of children, and tocreate the conditions under which theycan develop and thrive.

The best of children’s programmesworldwide are essentially an integratedset of actions for making a reality ofchildren’s rights. They are concernedwith the whole child and supportchildren’s physical, intellectual, social

and emotional development whetherthey are four months or fourteen yearsold. An interconnecting thread in thebest of programmes acrossdifferent agencies is an emphasis onenhancing children’s sense of self-worthand initiative, their opportunities forlearning, their compassion, and their communication and problem-solving skills.

The is not a rigid set of universalsolutions. One of the great challengesfor the community is to enablefamilies, teachers and peers to equipchildren for a rapidly changing worldwhile retaining a sense of values andcultural identity. But, they also have tosimultaneously help children to growup healthy and able to deal with thechallenges of their lives. A secondchallenge is to ensure that duty bearersat all levels (from family members tointernational policy-makers) meet theirobligations. To do this, it will be vital togive far more attention to developingeffective participatory methods forinitiating discussion and dialogue onkey children’s issues, and on theinterpretation and negotiationnecessary for the internalisation of theConvention’s core principles. "

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The intent of the study was to highlightfamilies’ frontline roles in ensuringchildren’s rights and that meantworking closely with the families andproceeding with a clear understandingof their concerns. It was a qualitativestudy that looked at how families seekto ensure that their children grow uphealthy, with enough to eat, andprotected from harm; how familiessupport their children’s developingidentities and their opportunities forlearning; and how they encourage theircapacity to get along with others and toparticipate in and contribute to their

families and communities. In otherwords, all the areas of developmentwhich concern both early childhoodand many broad-based developmentprogrammes, and in many of the areasthat contribute to the establishing andupholding of children’s rights. It wasconcerned with the beliefs and practicesof families, considering their hopes andexpectations for their children, as wellas their concerns and frustrations andconstraints. It also considered thedifferent expectations that families havefor their sons and daughters, and theeffects that these expectations have on

what they do with and for theirchildren.

The study had three specific goals:1. to encourage approaches to

programming that build on thestrengths, traditions, achievementsand resourcefulness of families andcommunities;

2. to develop effective participatorymethods for initiating discussion anddialogue with parents and othercaregivers on key issues for youngchildren; and

3. to expand the shared knowledge base

for stronger programming which canbe responsive to both local valuesand rapid social change.

And it had a number of specificperspectives:- it took a comprehensive look at

children’s lives in four villages;- it highlighted families’ frontline role

in defending and managingchildren’s rights;

- it highlighted families’ perspectivesand their achievements as well asconstraints;

- it concerned itself with change and

Bringing up children in a changing world: Who’s Right? Whose Rights? Conversations with families in Nepal* is a systematic description and analysis of how an indigenous culture

raises its children. Perhaps uniquely, the childrearing study from which it is drawn was set in a child rightsframework. The study took place in four villages in Nepal and was a joint initiative of the Save the Children

Alliance; ; Seto Gurans National Child Development Services; City University of New York’sChildren’s Environments Research Group; Tribhuvan University's Research Centre for Educational

Innovation and Development; ; ; Bal Bika Samaj Sudar Kendra; and .

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Bringing up children in a changing world:

Who’s Right? Whose Rights? Conversations with families in Nepal

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how families deal with this;- it used a highly participatory

methodology – and an emphasis ondeveloping methods for getting intogenuinely collaborative dialogue withfamilies and communities;

- it used a practical child rightsframework for the analysis;

- it emphasised the importance ofattention to, and action at, all levelsas the broader social and economicrealities are so important in shapinghow families operate;

- it was concerned with the wholechild; and

- it considered implications for overallpolicy and programme planning.

Given its goals and its areas of interest,the study naturally made use ofapproaches based on participatorylearning and action (), to whichwere added ethnographic interviewsand observation. To make all of thatpossible, methods were developed tofacilitate collaborative dialogue aroundkey issues for children as the basis forjoint planning. These methods arebeing compiled into a toolkit.

In terms of its relation to the , thestudy was not constantly cross-

referenced to articles. Rather it heldclose to the spirit of the Conventionand the ways in which most parents –all around the world – articulate theirconcerns for their children. In this, itreflected the ’s clear support of thefamily as the ‘fundamental group ofsociety and natural environment for thegrowth and well-being of children’ that‘should be afforded the necessaryprotection and assistance so that it canfully assume its responsibilities withinthe community’.

Revelations from the study

The study revealed the vitalcontributions that programmesmake in ensuring that young children’srights are established from an early age,showing that they can be developed andsupported by and through many of theeveryday practices within the familyand community. In this it highlights thefact that many child developmentprogrammes around the world fail torecognise and respect families’ andcommunities’ achievements andresourcefulness generally in raising theirchildren. It also highlights the fact thatmany programmes are message drivenand ignore or devalue what families are

saying. Overall, the study confirms thatfamily, community and culture are theheart of Nepal. Nepalese of all castesand ethnic groups have accumulatedknowledge and developed aconventional wisdom as to what is bestfor their children. Of course, there areissues that need to be addressed –practices that may actually be harmful,for example. But tapping into the familyand cultural stream in which childrenare nurtured is essential.

What emerged generally was thatpatterns of early care and the traits thatparents continue to describe as idealsfor their children are still those that areassociated with a conservative agrarianlife style: compliance, cooperation andrespect. But that these are changing as arange of livelihood strategies areincreasingly being drawn on tosupplement traditional activities. Evenso, many of these long-valued traitscontinue to be functional, and childrengain many of the skills that will helpthem succeed in life. In addition,specific rights are reinforced – forexample, an emphasis on cooperationin the community instils a sense ofbelonging; while respecting andlearning from elders as the chief

repositories of significant knowledgehelps children to develop their sense ofidentity.

Everyday experiences with parents and

the right to learn

The study shows that children’s learningmerges imperceptibly into the life-tasksand everyday events of village life; andthat young children in all of the villagesspend much of their day engrossed invarious forms of play, something thatmost parents and other caregiversrecognise as important for theirdevelopment. It also makes clear thatthere is a richness of the environmenteven in the poorest homes that is oftenoverlooked. Young children in thesevillages have:- the experience of a stimulating social

environment with multiplecaregivers and peers, and theopportunity to interact with andlearn from many different people;

- opportunities to interact with a widevariety of natural materials and toengage naturally in activities thatformal centres in affluentcountries set up in special corners;

- the chance to learn through a wealthof daily activities, such as washing,

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dressing, mealtimes, as well asinvolvement in work activities suchas cooking, cleaning up, collectingwater and animal food. Althoughcuriosity, initiative, independentthinking and decision-making maynot be explicitly valued in thesevillages in the same way thatcompliance and respect are, there isin fact much that supports thesequalities in the everyday routinesthat children are part of.

The following examples illustrate someof the learning opportunities thatparents developed in theseenvironments.

Learning about different kinds of fishManno Chaudury, aged 22, is themother of four. Her husband works as alabourer and returns home only brieflyevery few days. She was observed tohave exceptional interaction with herchildren in spite of her very busyschedule, was very patient with herchildren and took a lot of interest inwhat they were doing.

One day she returned from fishing andthe children ran to her excitedly, crying

‘Mother has come! Mother has come!’They were all jumping up at her, exceptbaby Suresh who was being carried byhis seven-year-old sister Laxmi. Mannosmiled at them and asked six-year-oldSunday to bring a large flat dish for thefish that she had just collected. Sheemptied out the fish and Sunday startedsorting them out. He tried to keep theothers away at first so he could see allthe fish himself. But then Manno satdown next to the dish and all the otherchildren sat around in a circle.

There were many fish of different typesand four year old Dinesh looked atthem with great interest and asked thenames of each one. Manno told themone by one what they were and startedto sort them out into piles – there wereprawns, flat fish and crabs. The childrenhelped her and discussed the size ofthe fish, and which ones they liked to eat most.

Two big crabs started moving andDinesh backed away, frightened. Sundaysaid ‘No need to be scared. It won’t doanything. See!’ He held up one of thecrabs to show that it would not bite.Manno took four small crabs from the

dish and said ‘These are small ones –one each for you to play with’. Thesmall crabs were moving and againDinesh was scared. Manno said ‘Lookyou can touch it’, touched it herself andthen took Dinesh’s hand and touched itwith him. Dinesh seemed quiteconfident so Sunday put a small crab onthe palm of Dinesh’s hand. The crabstarted moving and Dinesh laughed.The children played crab races and laterate one of the big crabs which Sundayhelped Manno roast.

Infant learning: Dankumari’s morning inKoldandaEarly in the morning nine month oldDankumari is being breastfed by hermother out on the porch. There arenumerous breaks in the feeding as hermother talks and smiles at her, getting alaugh from the baby and laughing,talking in return. After the feeding sheties the baby to her back while she tendsthe animals. Dankumari is tied on quiteloosely, so that she is able to pull herselfover to the side and peer under hermother’s arm, watching as she feeds thegoats. Then when her mother squats toscrub a large copper pot, the baby’s legsare able to reach the ground, and she

flexes them up and down as she reachesfor stones on the ground, and watcheswhat her mother is doing.

Later, while her mother is away washingclothes, Dankumari sits on the porchon some rags, playing with a set of keys.Nearby in the yard, her father isweaving, with four-year-old Som by hisside. When Dankumari is bored withthe keys, Som passes her some colouredrags to play with. Various children, herown siblings and neighbours, take turnsholding and amusing her. Indra, her 8-year-old brother, back from cuttingfodder, and two neighbour children, puther in her hammock and play with herthere, bouncing her while she laughsloudly. Her mother, passing by fromfetching water, reminds them not tooverexcite Dankumari. When the boysgo back to work again, a small girl fromnext door takes over, standing the babyin the doorway where she can hold onto the threshold and move herselfaround. After a while, her mother picksher up and takes her into the house toclean her up, and then she sits on her father’s lap while he takes a break from weaving.

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Through these simple interactionsDankumari has the chance to learn a lot– about human relations and mutualexchange, and about language. In heractivities she practises her physicalskills, explores with her feet, hands andeyes, and manipulates objects, learningin the process about colour, shape and texture.

The joy of achievingOne day, while his mother was rollingout dough to make bread, three-year-old Suresh, as usual, sat very close toher. She gave him some dough to playwith and Suresh made a long ‘rope’using both his hands.

His mother asked what it was and hereplied that it was a snake. She askedhim to make another one and then toldhim to put it in the fire to cook. He didthis very carefully and then asked hismother to make him a frog. She agreedthat she would once she had finishedmaking the bread. She took his ‘snake’out of the fire and he ate it as soon as itwas cool enough. While she made thefrog she let Suresh use the board androlling pin, to his great delight.This is an excellent example of a busy

mother managing her household choreswhile providing her son with someexciting learning opportunities,encouragement and a sense ofachievement.

The chance to experimentA five-year-old girl in Jahbahi wassitting with her mother, watching hermake a basket. The mother went insideto the kitchen, so the little girl pickedup the basket, took the needle out andstarted trying to weave it. Her mothercame back and said, laughing ‘Eh!You’re spoiling my basket’. She thenmade a small basket base and said, ‘Firstyou put the needle like this, thenthis…’, while showing her daughterwhat to do. Then gave it to her to try herself.

These examples show that somecaregivers seem quite consciously toaffirm and maximise the potential foractive learning and problem solving.For other parents, it is a matter ofbecoming more aware of the advantagesin an expanded repertoire for children,so that opportunities are moresystematically supported. Generally, thestudy revealed that parents’ primary

Nepal: mother and child united

photo: D. McKenzie

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interest in teaching their childrenrevolves around work skills. Girls aretaught household tasks and boysoutside work. In all communities theyare encouraged to learn by doing. Thereis a recognition that children will makemistakes and that in fact they also learnthrough these. A small girl isencouraged to sweep by her mothereven if she makes a mess of it. Childrenstart helping pluck rice plants fortransplanting before they can do itproperly – all so that they will learn bydoing. Most parents emphasiseencouragement and reward as learningtools, although punishment for poorwork was also observed.

Missed opportunities and constraints

There is a great deal of variation in theextent to which parents and othercaregivers take advantage of everydayopportunities, either consciously orunconsciouslySome parents were clear in theirunderstanding of their role in helpingchildren learn. Others do involvechildren in everyday chores. Still othersmay ignore a window of opportunityfor teaching entirely, unaware of thevalue of what they have to offer.

Poverty often forces repetitive, routinebehaviour with verbalisation reduced to aminimum. Curiosity, questioning,creativity, experimenting, discoveringmay well be discouraged.However, parents respond withenthusiasm to discussion of the issue.They want support and advice andmake it clear that they feel bewilderedand inadequate in many ways. A goodexample is their sense that theirchildren’s shyness prevents them frommaking full use of their teachers or ofpeople and opportunities from outside.

Workloads can result in children beingleft alone for long periods – especiallyduring peak seasons.Babies and young children may be leftfor long periods, or left in the care offour or five year olds. There are someopportunities for play and learning,but without the occasional interventionof a guiding adult these may end upbeing limiting for both the older andyounger child.

Safe but frustrated.Manisha, aged four years, had been leftin her cradle (a piece of cloth tiedbetween two poles by ropes). While herparents were out at work, she screamed

continuously, but although theneighbours were nearby, nobody cameto see what was happening. Hergrandfather was in his workshop about50 metres away. He was in the middle ofhis ironwork and could not leave it,although he could hear her screaming.He said ‘She will cry and cry and theneventually she will get tired of crying,keep quiet and sleep’. He finally came tosee her, when he came to get some foodfor himself. By that time she had fallenasleep again, so he went back to hiswork. She was left on her own for about2 hours, restricted in her movement,unable to see beyond the end of her nose.

The connections between learning andoverall health status may be a cause forconcern.Children are active learners, and can beeffective in stimulating the interactionsthey require for learning. But theconnections between children’s interestin learning and their general health andnutritional status implies a particularresponsibility on the part of parents.

Conclusions

The recognises children's right to astandard of living adequate for their full

development – physical, mental,spiritual, moral and social. It givesparents primary responsibility forensuring this right, with all itsimplications for children’s learning indifferent areas (Article 27). In additionit specifies children’s right to formaleducation (Article 28), and identifieslearning’s basic aims: to developchildren’s full potential, to prepare themfor responsible life in a free society, andto ensure respect for others and for theenvironment. Overall, Bringing upchildren in a changing world: Who’sRight? Whose Rights? Conversations withfamilies in Nepal, demonstrates howparents, in very practical and naturalways, can make the first of many of themost significant contributions tomaking these aspirations real. "

* Arnold C, Bartlett S, Hill J, Khatiwada and Sapkota P

Bringing up children in a changing world: Who’s Right?

Whose Rights? Conversations with families in Nepal

(2000); Save the Children/

Further details can be obtained from:

Save the Children ()

PO Box 2218, Kathmandu, Nepal

[email protected]

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The participation of children in oursociety continues to be a challenge 11years since the Convention on theRights of the Child, and its subsequentratification by the majority of countriesin the world. After more than a decade,we still have to ask ourselves how manymore years have to pass before childrenattain their rightful place in society,properly recognised as a group ofpeople who feel, think, act and must betaken into account. Here in Venezuela,even though there have been advancesin incorporating the rights of childreninto law, the culture is still of repressionand maltreatment. Marginalisation andexclusion are also obvious in their

everyday lives – within many families,within schools, and within all of thosespaces where they are deniedopportunities to express their ideas, puttogether proposals and contribute todetermining solutions to the problemsthat affect them.

The participation of children: an ethical

perspective

Venezuela is in the middle of one of theworst crises that our country hassuffered in recent years: the increase inpoverty; unemployment; the break upof families; the loss of values; and so on.In these circumstances, it may seem

paradoxical to talk about theparticipation of children. But, in suchtimes, we have to include those who aremost affected, otherwise the solutionsthat we come up with will only addresssome of the problems. Historically,slaves, women, black people andindigenous peoples have all beeninvolved in the struggle for their rights,so why not children?

Alejandro Cusianovich, citing Crowley,says ‘participation is the key right, theright facilitator ... to ensure thefulfilment of all other rights’. He affirmsthat ‘it is not simply a way of reachingan end, nor just a process: it is a basic

The participation of children inVenezuela: advances and challenges

Soraya Medina

The author is Coordinator of the ‘Participation of children and adolescents’ project of Centros Comunitarios de Aprendizaje(). has a long record of successfully developing processes to enable children to come together, explore and discussmatters that concern them, and go on to develop activities that allow their voices to be heard and their actions to make a difference.In this article, she discusses the -initiated democratic processes that led to the establishment of children’s organisations and

shows how these organisations impacted directly on the drafting of new legislation about child rights in Venezuela.

Venezuela: Somos Noticia

periodical from CECODAP project

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civil and political right for allchildren and, because of this, is anend in itself ’. In conclusion, he says‘Participation has to be respected notonly as a goal but as a strategy toreach other goals’. In addition, itmust be seen as a universal principleof socialisation and democratisation,as something that human beingsneed to strengthen their personality,their sense of belonging, and theirresponsibility for themselves andfor others.

But the analyses that we have madein show that childrenremain hidden, and that our societyis accustomed to look at theirproblems through adult eyes. It doesnot put itself in their shoes andunderstand that they want to expressopinions; and it does not recognisethat they feel they have interestingideas to contribute that count for asmuch as those of adults. Sothousands of children remain

muzzled while adults continue tomarginalise and exclude thembecause they are convinced that theyare incapable of participation,believing that they, the adults, knowwhat is right and have the solutionsto all the problems. This is neitherefficient nor ethical, not is it true tothe principles and spirit of the .

Participation in national debates and

decision-making

Obviously participation has to beprogressive, in line with the stage ofdevelopment that children havereached. From there, we in

believe that the need is to look indepth at the practical realities ofchildren by working with them intheir homes, in their schools, in theircommunities and in the places wheredecisions about them are taken. Withthis in mind, , incollaboration with government andnon-governmental organisations, has

carried through a number of actionsthat allow children to show that theycan participate as social actors. Theseactions include appropriate trainingprogrammes with and throughteachers in the schools. Overall, ouraim was to develop a new model ofparticipation.

These actions resulted in thedevelopment of Children’s andAdolescents’ Parliaments (later calledRegional and National Assemblies ofChildren and Juveniles); and theparticipation of children in themedia. Participating children comefrom the popular sector, fromschools, from care homes, from theirwork places, and from special andinitial education centres. In theParliaments/Assemblies, they expresstheir opinions and experiences – forexample, about problems that theyare facing – and discuss and agree onproposals to bring aboutimprovements. They also make a

Why promote theparticipation ofchildren?

• to make public the experiences, views,

opinions and ideas of children and young

people, in defence of their rights;

• to bring children and adolescents directly

into contact with those in authority to

ensure that the proposals that they make

are valued, supported and properly

responded to;

• to develop an environment in which the

rights of children and adolescents are

respected and guaranteed in their totality

by all;

• to offer opportunities for children and

adolescents – representing in our case:

educational institutions; ethnic groups;

children in homes; child workers’ centres;

disabled young people; ecological,

musical and sporting groups; children

under eight years of age; and so on – to

analyse, discuss together the problems

that affect them and, especially, to make

sure that their support for a society

without violence is heard.

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commitment to promote actions intheir centres that will lead to planningwith adults about matters that affectthem there. A Directorate alsomaintains contacts with localauthorities in order to contribute topolicies on childhood. However, it isimportant to understand that theseprocesses are in the initial stages – atleast as far as adults are concerned:some respect the ideas that children andadolescents are bringing forward andincorporate them in their planning;some don’t recognise that children canmake important contributions; someare still learning to listen.

The first Children’s and Adolescents’Parliament was held in 1995 andfocused on how Venezuela’s politicalrealities measured up to the principlesof the Convention on the Rights of theChild (). The second was held in1996 and delegates debated reform ofthe Tutoring of Minors law. Because ofthe delegates’ abilities, processes were

launched that resulted in the law beingbrought into line with the principles ofthe . In 1997, the third Parliamenthad a date with the Congress of theRepublic of Venezuela. Here delegatesdelivered their final observations on theproposed Law for the Protection ofChildren and Adolescents (now passedand in force) that was about to bediscussed by the Venezuela Parliament.In 1998, the fourth Parliament reflectedon ‘The democracy we have and thedemocracy we want’. This was anotherdemonstration that they saw themselvesas subjects with rights and citizens who were making their contribution to society.

1999 saw many transformations in ourcountry. Among these was the creationof a special body to reform Venezuela’sNational Constitution. The childrenand adolescents of the country neededto be heard so, from January 1999, theybegan to create Assemblies of Childrenand Juveniles to prepare opinions to

express in the national debate. Theirobjective was to ensure that the rightsproposed in the Law for the Protectionof Children and Adolescents wereactually incorporated in Venezuela’snew National Constitution. In anational Children’s and Juveniles’Constitutional Assembly that wasdrawn from the existing assemblies,constituents discussed and put togethera body of proposals based on the .They then brought this to the body thatwas drafting a new Constitution forVenezuela. In doing so, they built on thefact that Venezuela is one of the fewcountries that has changed itslegislation in response to what the

requires (the Law for the Protection ofChildren and Adolescents mentionedabove). The input from theConstitutional Assembly helped todetermine the wording in an article inthe new National Constitution that isspecifically for children and adolescents.The new article says in part:

Children and adolescents are fullcitizens as of right and will beprotected by legislation, organs of stateand specialised tribunals. These willall respect, guarantee and develop thecontents of the Constitution, the law,the crc and other international treatiesthat have been accepted and ratifiedby the Republic of Venezuela. TheState, families and society will assure,with absolute priority, total protectiontaking into account the overriding

It occurs to us that the recognition of the child as the subject of rights and also as a social subject, should be

given the same historical importance at the beginning of the 21st century as did, at their time and in their way,

the movements to overcome slavery, racism and the marginalisation of women. (Jaime Jesus Perez)

”“

Venezuela: Derechos a mi medida

CECODAP project

Photo: Soraya Medida

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interest of children. The State willpromote the progressiveincorporation of children intocitizenship and create a nationalsystem for the complete protectionof children [...] Every person undereighteen is a subject with full rightsthat ensure their completeprotection, paying due regard totheir priorities and interests.

(National Constitution of theRepublic of Venezuela, Article 78)

As well as having helped to ensurethat they were established in law as

full subjects who enjoy all the manyrights of any other citizen, childrenand adolescents have also opened up public arenas that were reservedfor adults just a short time ago.

The contribution of young children

to debates and decision-making

Several children under eight werepart of a group of children andadolescents that attended a meetingin the National Assembly to putforward their views and therebyinfluence the drafting of Article 78.One of these was David who, as thesession was drawing to a close,insisted on speaking directly to thePresident of the body that wasdrafting the new Constitution:

Sir, remember that we are here todefend our rights; you must not forgetanything that we have told you; youhave to keep your promises.

He, like all the other children whoparticipated in this children’smovement, had enjoyedopportunities to express himself. Hecould also count on the support ofadults close to him who had givenhim the confidence of knowing thathis opinions would be heard andwould be taken into account.

In some municipalities in Venezuela,preschool children (between five andeight years) have put togetherproposals about situations andrealities that affect them. One majorconcern is violence of whatever sort,whether it occurs in their homes, intheir schools, or in theircommunities.

Following discussions in smallgroups between themselves, theypresented their ideas. In general, theauthorities were surprised at thecapacity of the children to expressthemselves. Just as important, they

Three majorchallenges toparticipation

One of the biggest challenges is the vertical nature of

educational institutions and the education system

generally. These are both based on power games,

where adults believe that they hold the truth and the

solutions to all situations. The result is one-way

education in which students are passive and have few

ideas to express their ideas; and where the long-term

effect on students is frustration and desertion.

A second major challenge is the culture in which

children – especially those under eight – remain

objects taught by adults. They are seen as incapable

and are therefore given few opportunities to express

themselves, and this is especially true in the home

where ‘when adults are talking, children have to

shut up’.

A third major challenge is to ensure that state

institutions continue to open up spaces in which

children and adolescents can participate and express

their opinions on matters that are of interest to them.

The need is to turn law into reality across the whole

country – something that is made easier by the kinds

of successes that this article has considered.

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Venezuela: Derechos a mi medida

CECODAP project

Photo: Soraya Medida

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also realised that children were part ofthe solutions to the problems, ratherthan part of the problems.

But the authorities also felt that theopinions that the children put forwardwere simply the ideas of the adults whohad worked with them. Of course thereis a real danger that children can pickup the ideas of adults and repeat them.We are also very aware that youngchildren can easily be manipulated, andcan be made to say things in public thatadults could not say. The answer is tokeep both intention and process right.

Helping young children to participate

In their own ways, and in ways that areappropriate for their stage ofdevelopment, young children areparticipating, especially in settingswhere they don’t feel intimidated andwhere they see that their contributionsare respected. The starting point is theplaces they normally frequent, the

places in which they are becomingcitizens with rights. Here, the teachersor leaders lay the foundations byacquiring respect for children andshowing it, and by establishing anenvironment in which values such assolidarity, responsibility andcooperation are basic. At the same time,they provide the space and timenecessary. Within that environment,adults can provide opportunities forchildren to express their opinions – forexample, by showing that they agree ordisagree with the adults.

From this base, activities can beplanned that allow young children tointeract with their surrounding realitiesand to become aware of the situationsin which they live. In essence, activitiesare designed to enable children toreflect and to construct ideas with themaximum possible clarity. To do this,adults take a participative approach,using, for example, games that promoteself-expression and creativity.

Two examples show what youngchildren are capable of.

The President must talk with a man Iknow who has a lot of money so he cangive a house to a child who is living onthe street. (girl of five)

Why doesn’t tour the city andcollect up all the children who live on thestreets and put them in a big house?

But we, the adults, have to rememberthat these children are expressingthemselves from their ownunderstandings of the world, after – intheir own ways – acting, understanding,conceptualising and coming up withproposals to counter problems that theyfeel. We may find their proposals absurdif we try to place them in thelogical/social structure that we havealready built to deal with the problem.But instead, we have to let themconstruct their own world. After all,aren’t they telling us of a better world

for children? Aren’t they allowing us tosee that world? Creativity and self-expression in all its forms – drawings,talking, acting, and so on – comenaturally to young children andthrough them they can express to uswhat they are feeling and thinking, aslong as we can ignore the stereotypicalconcepts that we often apply to whatthey tell us. What could happen if weallowed them to act as themselves andexpress themselves a little more,without imposing our prejudices?

The lesson we have learned is that weneed to call a halt in the educationalprocess that calls on teachers to simplyteach; and we need to change ourattitudes too. We actually like childrento think, speak and act in ways that wefeel are correct – and when they do not,it leaves us weak, unsettled anddisordered. "

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1: Activities to introduce childrento their rights and responsibilities

Girls, boys, dolls and puppets

1. Children collect materials suitable for making

dolls or puppets, e.g. old socks, cloth, wool,

string, wire, card, wood, seeds, dried leaves, etc.

2. Each child makes a doll or puppet.

3. Children display their dolls and puppets.

4. They discuss, with the help of an older child or

adult, the following questions:

- What is the difference between a child and a

doll or puppet?

- Why should children be treated differently

from things?

- How do children want to be treated:

- by adults?

- by other children?

Purpose of this activity

To help children understand that they are human

beings – that is, active, thinking, creative people

who should be treated with respect and who

should treat others with respect.

Small is beautiful

1. Children hunt for beautiful, small objects, eg

a coloured stone, a shell, a bead, a flower.

2. They make a display of what they have

collected.

3. Then they make up a poem together, called

‘small is beautiful’ which should end with some

lines about the beauty and value of children as

small people.

The purpose of the book is to inform,persuade and educate children andadults regarding the issue of children’srights, and in so doing encourage andmotivate them to promote children’srights in Zimbabwe. It is essentially apractical manual for direct work withchildren and adults that includesmany practical exercises. Althoughdesigned for children from 10 to 17years, many of its approaches andideas also seem useful for younger

children too, perhaps in cooperationwith older children and adults.

A companion publication called Areference guide to the Convention onthe Rights of the Child () and itsimplementation in Zimbabwe isdesigned to be used in conjunctionwith We are also human beings: a guideto children’s rights in Zimbabwe. Moreinformation about each is availablefrom . "

This article consists of a selection of practical exercises for children that introduce them to their rightsand help them to promote these. It is drawn from We are also human beings: a guide to children’s

rights in Zimbabwe, produced for by the African Community Publishing and DevelopmentTrust () through the community publishing process with about 500 children in Zimbabwe. In

the community publishing process, learners develop their confidence, creativity and skills by assistingin the design of their own learning materials. Children/young people aged from 3 to 18 years

contributed from all provinces of Zimbabwe.

We are also human beings: a guide to children’s rights

in ZimbabwePractical ways to introduce young children to their rights

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Purpose of this activity

To help them recognise their own value.

Our pride in ourselves

1. Children divide into pairs (made up of

friends)

2. Each pair is given crayons or chalk and a

piece of paper or card, as large as a child.

If paper is not available, find an old wall or

floor where children can draw with chalk.

3. One child lies down on the paper, or

against a wall, while the other child draws

around him/her. Then they change roles.

4. Each child decorates his/her picture, to

make it a self portrait (a picture of

themselves), writes his/her name, and

inside the drawing writes or draws the

talents, abilities and achievements that the

child is most proud of. If a child finds it

difficult to list his/her talents and abilities,

the friend can assist.

5. Then all the children look at a display of

the big drawings they did, which show

their pride in themselves.

Purpose of this activity

To increase children’s confidence, and sense

of their own value.

Secret admirer

1. Each child writes down his/her name on a

small piece of paper, and then folds it.

2. The names (pieces of paper) are mixed in a

hat or bag and each child takes a piece of

paper, but does not show or tell anyone

what name is on it.

3. Each child is instructed to become a secret

admirer of the child named on the piece of

paper. That means for a day, week or

month (the children can decide for how

long), the secret admirer quietly helps and

encourages this special friend.

4. There’s a discussion (at the end of the

agreed period) about:

- Who did you think your secret admirer

was?

- Did you enjoy being a secret admirer?

- If we treat a person as a special friend,

how will that person treat us?

- Are there children in our area that we

do not play with, who could become our

special friends in the future if we treated

them with affection and respect?

Purpose of this activity

To encourage children to treat other children

well, and to widen their circle of friends.

2: An activity to introducechildren’s right to development

Changing faces

1. Children are encouraged to collect waste

materials suitable for making hats and

masks.

2. They are asked to transform their faces by

creating home made hats, masks and even

beards and wigs so that it becomes

impossible to recognise them.

3. Children invite other children and adults to

see their display of ‘changing faces’, and

they line up behind a curtain or wall, with

only their decorated faces showing, to see

if the audience can recognise who is who.

4. Later, they can make up plays and games

using their hats and masks.

Purpose of this activity

To encourage children to be more creative

and play more imaginatively.

3: Activities to introducechildren to their right toparticipation

Freeze

1. One lively child is chosen to lead the other

children, out of doors.

2. The leader moves as strangely and

unpredictably as possible e.g. marching,

hopping, skipping, taking huge strides,

dancing on tiptoe, and moving hands and

arms in imaginative ways.

3. Children in the line try to follow the leader

exactly.

4. Every now and again, the leader shouts

"Freeze!" and the children have to stop

moving immediately, keeping the position

they were last in.

5. After about ten minutes, another child can

take over as leader.

6. There is a discussion based on the

following questions:

- How did you enjoy the game?

- To what extent do you children have to

follow adults in everyday life?

- When is it important to follow adults,

and obey them?

- Should adults always be obeyed?

- When is it important for children to

think for themselves and make their

own decisions?

Purpose of this activity

To encourage children to be creative and play

more imaginatively

Chaos into order

Children run around outdoors playing ‘catch’.

If a child catches another, these two children

have to hold hands as they run and try to

catch other children. Eventually the lines of

children who have caught each other and are

holding hands gets bigger and when the last

children catch each other and hold hands, a

circle is formed. Children can dance in the

circle and can make up or be led in songs

about their rights.

There is a discussion covering:

- How did you enjoy the game?

- Why can an organised group of children

achieve more than scattered individual

children?

- How can we organise ourselves better as

children to promote our rights?

Purpose of this activity

To encourage children to organise in order to

strengthen their position.

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We are at the beginning of a new era inchildren’s rights – one that promises tobe exciting with an abundance ofsignificant legal, administrative,bureaucratic and personal challenges.The topic of children’s rights seems tochallenge people and, in Australia aswell as other countries, there has been agreat deal of discussion and commentin the media, the government and thepublic arena. There are widely divergingviews, some of which claim that‘children should be seen and not heard’,an outdated maxim of a time beforechildren’s rights were protected – yetthis sentiment is still held withincommunities around the world. At the

other end of the scale, some peopleclaim they have nothing to offer in thearea of children’s rights since theyconsider the human rights arena to beterritory for lawyers and judges; theyoften remark that the area should beleft to the experts. Increasingly, though,the children’s rights movement hasfocussed attention on the urgent needto educate children, the community andthe professions about children’s rightsand, in particular, to learn about theUnited Nations Convention on theRights of the Child (). If the newera of children’s rights is to flourish,then a concentrated campaign ofcommunity awareness must take place.

One major part of the communityawareness and education campaignshould focus on teaching childrenabout their rights.

Inspired by the work of other small scalechildren’s rights educational projects, agroup of educators and artists formed agroup in Australia in 1997 to learn howbest to develop a way of teachingchildren about their rights.1 Together,we visited four schools to talk with fiveto twelve year old children about theirrights, and to encourage them to depicttheir views of their rights in drawings,paintings and murals. We found this amost invigorating and exhausting

project; invigorating because we learnedthat children already know a great dealabout their rights and exhaustingbecause there is so little available interms of resources and materials toteach about children’s rights. Over thecourse of the project, we developedmaterials and activities that wouldencourage and support a rightsperspective in classrooms (Piscitelli &McArdle, 1997). In a search to locateinformation on teaching aboutchildren’s rights, we found some booksand reference materials to assist us but,for the most part, adapted ideas to suitthe interests and life experiences of thelocal children.

Australia: children explore their rights through art

Barbara Piscitelli & Felicity McArdle

The authors are from the School of Early Childhood, Faculty of Education, Queensland University of Technology. In this article, they discuss workthat helped children to reveal their ideas about their rights through art. The work covered both the joyful and the sober sides of children’s

perceptions and – sometimes more significantly – their realities; and it produced some potent and graphic images. The article concludes with a set offive practical lessons that cover how to make the work possible with materials and resources that are available. But they also reveal what can

happen when what children express is at odds with what some people and policy-makers want to hear.

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From our philosophical standpoint asearly childhood educators, we developeda way to introduce children to the topicof human rights. Our strategies includedholding meetings with children to readstories and engage in large groupconversations. We read the children’sbook, For Every Child a Better World,2

and discussed different life situations forchildren around the world. The bookopened the door for discussions andquestions about health, education,families, working children, war andpoverty. In smaller groups, we had morepersonal conversations, handledquestions, and looked at photographs ofchildren around the world. Thephotographs proved to be a good catalystfor more detailed dialogue about howtheir lives were similar or different to thechildren in the photographs. Followingthese conversations, we invited children

to think about their rights, and tomake a picture that showed one oftheir most valued rights. The olderchildren also wrote poetry about theirhuman rights as a group activity.

Children’s views of their human rights

In our project, children exposed theirideas about their human rights inpotent and graphic images. From thejoyful and exuberant messages aboutplay to the more sobering imagesabout war and violence, the children’sdrawings expressed deep emotionsand pure desires. In many cases, thechildren made pictures to convey theirsense that no child, anywhere, shouldhave to suffer from any indignity.The exhibition was titled by one ofthe ten-year-old girls working on agroup collaboration of a large mural.

B e r n a r d v a n L e e r Fo u n d a t i o n 53 E a r l y C h i l d h o o d Ma t t e r s

from Helping young children

understand their rights by Joan

Waters; OMEP, Australia.

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She painted the words Children HaveRights! across the mural – leaving astrong verbal message about the factthat children already had rights. No-onecould deny that. She and the otherexhibitors spread their messages abouthuman rights to thousands of people allover the world.

The arts seem to be a good vehicle forchildren to reveal their thoughts abouttheir rights. In our project, weemployed the arts as a vehicle forchildren’s visualisation of their humanrights. One of our team, visual artistRaquel Redmond, selected a range ofart making experiences for children toconvey their ideas: drawing, muralmaking, painting and collage. We scaledour choices for the relative age andexperience of the children. Theyoungest children drew and painted,while older children used collage andprint-making. The murals were paintedby all ages. This wide and diverse rangeof art making provided us with a richset of images for an exhibition of thechildren’s views of their human rights.

We exhibited the children’s ideas at thefirst Australasian conference onchildren’s rights in Brisbane in 1997 –and received a very warm reception forbringing young children’s ideas to theattention of the internationalconference delegates. The exhibitionlater toured throughout Queenslandand Australia to be viewed bythousands of people in small villages,regional centres and university galleries.From comments in the visitor’s books,it is clear that the exhibition provokedinterest and controversy because of theviews expressed in the children’s art. Yesthey have rights, as their work reveals inthe selection that you can see on ourwebsite.3

From the children in this project welearned a great deal about a deephuman yearning for a rightful life. Inour discussions with these children, welistened, observed and responded asthey expressed the desire for all children(not just themselves): to live lives free ofwar, to live in homes free of domesticviolence; to live in a country without

poverty; to have good teachers; to havea good education; and to live in goodhealth. Clearly, these children had anidea of their rights and were able toexpress them. We were, in many ways,surprised to see how well childrenunderstood these ideas. But, we stillwonder if they know how to protecttheir rights when faced with many ofthe biases and prejudices whichchildren experience due to their age andmaturity. Because of their vulnerability,those of us who work with and onbehalf of children must keep vigilantand must be pro-active in educatingboth children and the widercommunity about the rights ofchildren. The conversation we started infour Australian classrooms needs to besustained on a regular basis inclassrooms everywhere so children candevelop human rights consciousness.

Five lessons from our project

There is no one way to begin theprocess of focusing on the rights ofchildren. Each educational environment

has its own special community needsand faces its own challenges. In ourproject, we learned some simple lessonsabout education for children’s rights.

First lesson: start with the environment Establish a philosophy and a settingthat can be seen to be aware of andrespectful of the rights of all who comethrough the door. Develop a programmewhere children can take an active role inmaking decisions, in caring for theirenvironment and in workingcollaboratively with others. Infants willlearn about their rights in anenvironment where care providersadapt routines to children’s needs,honour their ideas and respond to theiractions. Toddlers can take increasingcontrol of their lives, so a rights-basedenvironment should offer choices tochildren in decision-making, teachchildren to defend their rights, andprotect children’s right to play. Inpreschools, children enjoy learningabout their rights by experiencing equaltreatment, reading picture books,discussing ideas, exhibiting their

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drawings and paintings, and thinkingabout the concept of fairness. Informal school environments, childrenshould extend their participation inrights-based decision making throughcollaboration to develop class rulesthat honour each person’s rights andresponsibilities. In a rights-basedenvironment, children will feel free todiscuss their rights and challenge anyunfair practices that may exist.

Second lesson: work with what yourchildren know Talk with children about their rightsand listen to what they tell you.Children’s ideas will not develop asthe result of a single lesson, and adultsshould become aware that learningabout rights takes time. Providechildren with many options forexploring the concept of rights:drawing, writing, reading, listening tostories, dramatic play and, mostimportantly, in their daily interactionswith others. As children’s ideas evolve,record changes in children’sunderstanding of complex questions

of what is ‘right’, or ‘fair’, or ‘just’. Helpchildren to gain awareness of theworld at large, and of the lives ofchildren in diverse situations.

Third lesson: rights carryresponsibilities Every right is accompanied by acorresponding responsibility. Thislesson is an essential aspect oflearning about rights, and shouldform a framework for a respectfulclassroom environment. Teachers havemany opportunities for teachingabout the issue of rights andresponsibilities. There is a dynamiclink between rights andresponsibilities – for every right, eachrecipient is responsible to handle thatright with care. In the case ofprotection from physical punishment,it is important for children to learnthat adults will protect them fromharm; it is equally important forchildren to learn that, in return, youexpect them to refrain from causingharm to others as a sign of respect andacknowledgement of their shared

human rights and responsibilities.Such lessons are essential in humanrights education.

Fourth lesson: everyone has rights;everyone is responsible Human rights are for everyone. In theimplementation of a rightscurriculum, children can learn thatthe respect and dignity offered tothem as individuals also belong toevery person. Children can (andshould) learn that everyone has thesame rights, regardless of where theylive or what they look like. In aclassroom with rights-consciousness,children will see that they can play arole in safeguarding human rights byalways speaking out when unfairpractices occur. Both parents andteachers need to become informedabout how to act as guardians tochildren’s rights. When unfairpractices are foisted upon children, itis the responsibility of every person toprotect and safeguard human rightsby taking positive action to assurechildren’s dignity. For this reason, it is

How to talk to children about rights

- Must be an on-going part of the classroom

conversation

- Conversations and activities should emerge from

interests and issues relevant to the children

- Maintain respect for individuals and a sense of

community responsibility

- Cultivate an attitude and climate of rights

consciousness

- Avoid using outsiders for one-off sessions; instead,

weave ideas into your regular programme

- Distinguish between needs, rights and desires;

discriminate the difference between wishful ideas

and real rights

- Use story books and picture cards as prompts to

discussions

- Use rights vocabulary

- It is important to just sit and talk, at times, without

any expectations of a particular outcome. If you

want to change children's attitudes in one session,

you will feel stressed, and so will the children

(Petman, 1984)

From Helping young children understand their rights

by Joan Waters; OMEP, Australia.

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important to listen carefully tochildren’s stories about their daily lives and, when warranted, to act ontheir behalf.

Fifth Lesson: some people and policymakers may not like what you have tosay, but you have an ethical responsibilityand a human right to speak for childrenIn the long effort to reform the wayspeople treat children, there are boundto be areas of conflict arising from aclash between old and new thinkingabout children and their rights. It isinevitable that there will be differencesof opinion about what constituteschildren’s rights within each classroom,each community and each country. Yet,it is important to remember that therights of children are not nationalised –they are universal. So every child,everywhere, has rights.

In defending the place of rights in thelives of children, there will be disputesabout the status and competence ofchildren. Some will say that rights arefor adults, but the United NationsConvention on the Rights of the Child

indicates that rights are present frombirth. In our project, children indicatedthat they already have rights, and thatthey did not intend to let them beusurped. So, where entrenched injusticeto children occurs, each of us has a roleto play in upgrading practices, policiesand laws to better reflect the rights anddignity of children.

Challenges for the new generation

We recognise that this new generationof children growing up today will be thefirst in history to have their rightsenshrined and protected by the

Convention on the Rights of the Child.When they pass into adulthood, whatpersonal lessons will they bring withthem to our societies across the world?Will they bring with them the messagesof a respectful environment for all, withrights and responsibility shared equally?Will they know that they can speak fortheir rights? Will they be able to protectthemselves from violations of theirrights? In communities all over theworld, important work is being done tobring about the dream of a better world

for every child. From Italy, Belgium,Cambodia, Australia and many morecountries all over the world, there areexamples of projects to educate childrenabout their rights, ranging from newcurricula to Children’s Parliaments.While some projects may be undertakenat a large scale, many of the mostimportant initiatives will beimplemented at the grass roots level oflocal communities where people cometogether to live and learn. Projectsshould differ widely to suit the needs oflocal communities and the emphasis oflocal situations, yet all projects shouldhave a similar emphasis on buildingenduring and rightful partnershipsbetween children and society – startingin the early years when such initiativesreally matter. "

notes

1. The project team comprised: Barbara Piscitelli,

Felicity McArdle and Raquel Redmond. This project

was supported by the Queensland University of

Technology Faculty of Education Community Service

Grant Scheme, 1996-1997. For information on the

projects which inspired us, see Reggio Children, 1993

A Journey into the Rights of Children, Reggio Emilia:

Reggio Children (see below).

2. Kermit the Frog is noted as the author of this

poignant picture book for children to become

exposed to the concept of human rights (see below).

3. Children Have Rights:

www.qut.edu.au/edu/sec/casec/childart/children.html

bibliography

Kermit the Frog For Every Child, A Better World

(1993); Muppet Press/Golden Book, New York,

Pettman R Teaching for Human Rights (1986);

Human Rights and Equal Opportunity Commission,

Australian Government Printing Service, Canberra,

Australia

Piscitelli B and McArdle F Children’s Rights/Human

Rights: A resource book for early childhood and

primary teachers (1997); QUT, Brisbane, Australia

Reggio Children 1993 A Journey into the Rights of

Children, Reggio Emilia: Reggio Children (1997);

Special Youth Care Committee, Brussels

Children’s Rights in Primary School, Special Youth

Care Committee; Brussels

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Partners in RightsIt’s all about exploring your rights. And to make itfun, we use puppets, dance, music, drama,painting, model-making and lots, lots more.And it’s also about finding out what it’s like to begrowing up in Latin America and the Caribbean.If you lived in Brazil or Peru or Cuba, whatwould life be like? What about school? Whatgames would you play? What about your rights?On this site you’ll be able to find out about your

rights, and about the Partners project. You’ll see pictures from theChildren’s Rights fiestas that are going on around the country. In the future, wealso plan to give you a chance to exchange pictures, stories and questions withchildren in Brazil, Peru and Cuba.There’s also lots here for teachers, so why not askthem to take a look? And don’t forget to tell us what you think!www.savethechildren.org.uk/partners

Children, Law and JusticeSavitri Goonesekere

Children, Law and Justice provides a detailed examination ofthe , outlining the options available for using theConvention to create a legal environment favourable to therights of the child in South East Asia. Professor Goonesekerecomprehensively discusses the concept of child rights asexpressed in the , and the problems and prospects ofrealising these radical international standards in the currentrealities of the region.

Children, Law and Justice (ISBN 81-7036-625-9) is published by Sage Publications

India Pvt Ltd, M-32 Greater Kailish Market Part-I, New Delhi 110 048, India.

Children’s Rights: Equal Rights?

Marking the tenth anniversary of the adoption of the, Children’s Rights: Reality or Rhetoric? published bySave the Children in 1999, explored both theachievements and failings of the Convention andexamined how far we have come in realising itsvision. A principle finding was that childrenthroughout the world continue to be victims ofdiscrimination and do not enjoy equality ofopportunity. A further year on Children’s Rights:Equal Rights? reviews the achievements of the lastyear and then explores the issue of discrimination,examining its origins and how it impacts and affectschildren’s lives. In 26 country reports, Members and

Associate organisations of the InternationalSave Alliance explore the issue ofdiscrimination. Its reality in children’s lives isrevealed and set against the rhetoric of theConvention, identifying practical actions, which can be taken to combatdiscrimination and improve children’s lives.

Children’s Rights: Equal Rights? is published by Save the Children Sweden

Publishing, 107 88 Stockholm, Sweden. On-line bookshop:

www.rb.se/bookshop

Selected resources

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The poster competition is actually morethan a competition to produce a goodposter to promote young children: it hasbecome one of many activities that fallunder our Visual DocumentationProject. In this, the Foundations seeks to:- encourage the use of film and

photography as a valuable tool forcommunicating early childhoodwork;

- act as a tool among practitioners forsharing experiences, and so on; and

- assess skills and needs amongpartners in terms of visualdocumentation.

For the year 2001 Poster Competitionwe would like you to think aboutcertain topics when sending in yourentries. Here are some examples.- Telling a story: a picture of a child

listening to an adult telling a story orvice versa.

- Play: children or children and adultsplaying together.

- Food: children or children and adultspreparing and/or eating food.

- Help: children/siblings helping eachother or teaching each other things –for example, getting dressed, doingan activity, just holding hands.

- Where I live: pictures that portrayyour environment – house, village,city, countryside, and so on.

- Intimacy: a mother or fathercuddling her/his child, a child sittingon its parents lap, and so on.

A good description of your entry is veryvaluable.

This year your entry can be either aphotograph, a child’s drawing, a collageor a storyboard of pictures/drawings.All must show aspects of earlychildhood development. As usual, thewinning picture, drawing, collage orstoryboard will become theFoundation’s Poster for the year 2001that will be distributed in more than

100 countries worldwide. Many of theother submitted entries will feature inthe Foundation’s other publications.

Guidelines

- Photographs must show youngchildren engaged in some kind ofactivity, experience or interactionthat illuminates early childhood.

- Photographs must be sharp andclear, with good contrast between thelightest areas and the darkest.

- Photographs can be in black andwhite or colour, prints or slides.

- Photographs, drawings or collagesshould measure at least 9 x 13centimetres.

- Children’s drawings should be madeby a child within the age range ofzero to seven.

- Please bear in mind that we must beable to make a useable print out of adrawing or collage.

Each should have the following details,if these are available and areappropriate for publication.

- The name of the photographer or ofthe child or children who made thedrawing/collage.

- Some details about the child/childrenwho made the drawing/collage (forexample, their age, where they arefrom, where the picture was made –at home, in a centre or within ahome visiting programme, and so on).

- Some details about the children andadults featured in the photographsand what they are doing.

- Some details about what thedrawing/collage is about.

- The context of the photograph – forexample, at home, in centre, within a home visiting programme, and so on.

- The location – country, region,town/village, and so on.

Poster competition 2001Every year the Bernard van Leer Foundation invites readers of Early ChildhoodMatters to take part in its annual poster competition and this year is no exception!

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- Any other useful or interestinginformation.

Please do not write on the backs ofthe entries: this may damage them.

Copyright

The copyright of submittedmaterials that we use will, of course,remain with you, but we may wishto use them in any other Foundationpublications without specificpermission from you. All will becredited with the name of thephotographer (if available) and/orchild(ren). Unfortunately, we will

not be able to return materialssubmitted, whether we use them or not.

Because our publications are free, weare not able to make any paymentfor submitted materials.

Please send in your contribution toarrive by the end of September 2001.Those chosen will be mentioned inthe January 2002 edition of Espaciopara la Infancia and in the February2002 edition of Early ChildhoodMatters. "

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The mission of the Bernard van Leer Foundation is to enhance

opportunities for children 0-8 years, growing up in circumstances

of social and economic disadvantage.

The objective is to develop children’s innate potential to the

greatest extent possible. We concentrate on children 0-8 years

because research findings have demonstrated that interventions in

the early years of childhood are most effective in yielding lasting

benefits to children and society.

We accomplish our mission through two interconnected strategies:

- a grant-making programme in 40 countries aimed at developing

contextually appropriate approaches to early childhood care and

development; and

- the sharing of knowledge and know-how in the domain of early

childhood development that primarily draws on the experiences

generated by the projects that the Foundation supports, with the

aim of informing and influencing policy and practice.

The Bernard van Leer Foundation was established in 1949.

Its income is derived from the bequest of Bernard van Leer, a

Dutch industrialist and philanthropist, who lived from 1883 to 1958.

Bernard van Leer was the founder of the Royal Packaging

Industries Van Leer.

Bernard van Leer Foundation

P.O. Box 82334, 2508 EH The Hague

The Netherlands

Tel: +31 (0)70 3512040, Fax: +31 (0)70 3502373

Email: [email protected]

www.bernardvanleer.org

Investing in the development

of young children

Venezuela: Preschool Mural

photo: Angela Ernst