Rights: what are they?

Over the last 12 months the rights of children and young people have been discussed and debated in relation to a wide variety of subjects, from mandatory sentencing to the right of single women to IVF treatment. But what do rights for children and young people really mean?

If children and young people are seen as full human beings, then they are rights-holders who can play an active part in the enjoyment of their rights. The old view of children, seen and not heard, is over. Children have human rights too.

We all know that young people have certain freedoms. The point at which there is much confusion, both from young people and adults, is what rights do young people actually have? What are those freedoms? When do young people gain the ability to make decisions for themselves? What are your responsibilities as members of this human society we live in?

The starting point when examining the rights for children and young people is the Convention on the Rights of the Child. The most widely signed international human rights treaty ever, the Convention has been around for 10 years. The Treaty defines children and young people as any person under the age of 18.

It is important to remember that all children in Australia are protected by the Convention.

What are children's rights?

If you are under 18, you have the right to play, to leisure, rest and health (nutrition, immunisation, and good mental health care).

You have the right to education and, if you are Indigenous or from a minority group, you have rights to enjoy your culture and language.

If you are a state ward or in foster care, or in a juvenile or immigration detention centre, you have rights too.

You all have the right to grow up free from all forms of violence, whether it be physical, psychological or sexual. You must not be subjected to violence at home, school, in the workplace or in an institution - like a hospital or detention centre.

Australia has changed some of its laws to reflect the rights in the Convention. But no country is perfect and there is still work to be done. It's therefore vital for everyone to inform themselves of their rights. You can be involved. Spread the word about children's rights.

The first step is understanding the Convention so have a look at the document. Check out UNICEF Australia's web site: http://www.unicef.org.au;
or go to
http://www.unicef.org/crc/crc.htm for the full text of the Convention on the Rights of the Child.

Child rights in action in Australia

Question: to what extent has the Convention on the Rights of the Child been implemented in Australia?

Here are some ideas for you to discuss. You may answer these question from your own experience. In your life (and those of people you know), to what extent have you enjoyed these rights?

Group 1: EDUCATION

Under-18 year olds in Australia have the right to:

• a free, good quality basic education;
• a culturally sensitive education;
• challenge a decision of expulsion;
• choose their own school;
• access special education if they have a disability that interferes with their normal ability to learn.

Group 2: FAMILY

Under-18 year olds in Australia have the right to

• attention from both parents;
• protection from parental or family abuse or neglect;
• a home;
• help with getting information needed to reunify with their family if they are a refugee.

Group 3: SOCIAL

Under-18 year olds in Australia have the right to

• a life free of harassment;
• meet with friends in public places;
• express their opinions;
• access health care services (and own Medicare card, i.e. privacy);
• food and nutrition;
• play and participate in recreational activities;
• protection from work that threatens their health, education or development.

Group 4: LEGAL

Under-18 year olds in Australia have the right to

• be in a public place without being harassed by anyone in a position of authority (including police and security guards) if the young people are not doing anything illegal;
• be treated with respect by police and other authority figures no matter what school they belong to, what their background is or what colour they are;
• talk in their own defence and have their opinions taken into account in court when the judge's decision affects their lives;
• be detained or imprisoned only as a measure of last resort and for the shortest appropriate period of time;
• keep regular contact with their families while in detention

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This unit of work is a joint venture between UNICEF Australia and the Curriculum Support Directorate, NSW Department of Education and Training.

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