Copyright © 2006 All rights reserved. [Churches Child Protection Advisory Service]

2007 marks the bi-centenary of the Abolition of the Slave Trade. William Wilberforce and other Christian stalwarts such as Barnardo, Spurgeon and Muller, all campaigned for the rights of the child because they saw it as a fundamental outworking of their Christian faith.
The world is a better place for all they accomplished, but there is no room for complacency because children are still being abused in every section of society. In addition there are other phenomena now coming to light, such as female genital mutilation and the trafficking of children to the UK for domestic servitude and sexual exploitation. These are becoming major issues in many UK cities. Indeed, human trafficking is said to be the third largest source of income for organised crime, exceeded only by drugs and arms dealingsi.
Understanding the United Nations Convention on the Rights of the Child helps us to appreciate the contribution UK law has made in this vital area, and highlights the standards any church or organisation, particularly those connected to overseas projects, should be working toii. Ratified by all but two member states (Somalia and the USA) in 1989, this Charter is in a very real sense ‘international currency’ and reflects global commitment. All 192 of the countries ratifying the Charter have committed themselves to putting it into practice by amending and creating laws and taking action that are in the best interests of the child.
What is the primary focus of the Convention on the Rights of the Child (CRC) ?
The main thrust of the Charter centres round the right for all children to develop to their full potential; free from hunger and want, neglect and abuse. It offers a vision of the child both as an individual and as a member of a family and community with rights and responsibilities appropriate to his/her age and development.
The introduction to the CRC states:
‘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, recognizing 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’.
There is always debate within every society (including our own) whether the balance between children’s and parent rights is equitable. This is set to continue, but few would disagree that with the CRC that countries are obliged to respect a parent’s primary responsibility for providing care and guidance for their children and provide material assistance and support programmes to parents to prevent children from being separated from their families, unless the separation is in the child’s best interests.
What do the Articles contained in the CRC actually say?
The guiding principles include non-discrimination, adherence to the best interests of the child, survival and development, and the right to participate. The articles can be grouped together as follows:
1. Survival and Development Rights
Access to resources and skills including adequate food, shelter, clean water, formal education, primary healthcare, leisure and recreation, cultural activities, as well as information about these rights and ways to access them.
There are also specific articles that address the needs of child refugees, children with disabilities and children of minority or indigenous groups.
2. Participation Rights
The right to the freedom to express opinions and to have a say in matters affecting the child’s economic, religious, cultural and political life. It contains the right to be heard, the right to information and freedom of association. This encourages an engagement and active role in society as the child matures.
3. Protection Rights
This includes protection from all forms of abuse, neglect, exploitation and cruelty as well as the right to special protection in times of war and abuse within the criminal justice system. Listed below are the articles that refer to this:
Article 11 addresses how Governments should take steps to stop children being taken out of their own country illegally.
Articles 34 & 35 along with Optional Protocols address the sale of children, child prostitution and child pornography, sexual exploitation, abduction, sale and trafficking of children .
Article 19 specifically states that children have the right to be
protected:
‘from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.’
Governments should ensure that children are properly cared for and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them.
Article 22 states that children have the right to special protection and help if they are refugees.
Article 32 covers child labour and connected to this (see below)
Article 36 states that children should be protected from any activity that takes advantage of them or could harm their welfare and development.
Rights and Responsibilities
I have already mentioned some adults become nervous and defensive when we talk about the rights of the child. It is important to understand that children’s rights do not undermine or diminish the rights of an adult, but simply function differently. Adult rights, by and large, come with adult responsibilities and responses whereas many children’s rights are fundamental, i.e. with no strings attached. Children need to be taught responsibility as they grow and become independent, as well as develop a healthy moral and social code by which to live. A child doesn’t suddenly become competent to make important life choices. It should happen gradually over a period of time. It is interesting that the Children Act 1989 and the ‘Gillick Principle’ (see Bill Stone’s article – page 13) advocate that a child’s age, understanding and maturity need to be considered in deciding if a child is competent to make informed decisions about issues that affect them. Article 12 of the CRC states a similar aspiration:
‘The Party States guarantee that every child in a condition to form his/her opinion has the right to express his/her opinions freely in matters which affect him/her, and due account to be taken of the child’s opinions considering the age and maturity of the child’.
Are Children’s Rights Biblical?
There are many references, particularly in the Gospels, where Jesus’ attitude towards children is clearly demonstrated. Here are just a few:
Mark 10 v13-16 – ‘Let the little children come to me, and do not hinder them, for the kingdom of God belongs to such as these.’
Mark 9 v37 – ‘Whoever welcomes one of these little children in my name welcomes me.’
Matthew 18 v6 – ‘..if anyone causes one of these little ones to sin, it would be better for him to have a large millstone hung round his neck and to be drowned into the depths of the sea.’
It seems Jesus was probably one of the first to inculcate to his disciples and the crowds that followed him, the concept of service to children and the dire consequences of causing them harm. If we are committed to a Christian response in our dealings with children we cannot afford to ignore the teachings of Jesus.
In Conclusion
One of the benefits of focussing on the UN Convention of the Rights of the Child is its commonality of agreement not only for underpinning UK law and good practice, but also in setting standards globally. This is particularly relevant to CCPAS because not only do we work with churches, faith groups and non-faith based organisations throughout the UK but also mission groups and organisations working overseas. The CRC provides core standards from which to work to allow children, wherever they live, to be safeguarded, protected, listened to and thrive.
i See www.stopthetraffick.org
ii In addition the European Commission’s communication on the rights of the child (Strasburg – 4th July 2006) was launched proposing the establishment of a ‘comprehensive EU strategy with a view to ensuring the effective promotion and safeguarding of the rights of the child in the European Union’s internal and external policies and supports the effects of the member states in doing so’.
For Further Reading:
‘Children’s Rights – a Biblical Perspective’
By Kalaneethy Christopher and Christopher Daniel.
This book presents Jesus as a children’s rights advocate who emphasised adult responsibility towards children. Available from Minerva Press (India) Ltd: Minerva@ndf.vsnl.net.in
Honouring Children – The Human Rights of the Child in a Christian Perspective.
By Kathleen Marshall and Paul Parvis
Covers historical, practical and theoretical issues relating to children’s rights. There is an accompanying study guide. Available from Saint Andrew Press: afleming@cofscotland.org.uk
Questioning the Basis of our Work – Christianity, Child Rights and Development.
Compiled and edited by Paul Stephenson and Judith Ennew.
This book examines the relationships within children’s rights and the theology of children and practical work with children, families and communities. Available from: Tearfund: www.tearfund.org
The Right to be Protected (Caring - Autumn 2006)