A Unique child: All about ... Children's rights

In high-quality early years settings across the country, practitioners know that children are the experts when it comes to their learning. This is reflected in the four guiding principles of the Early Years Foundation Stage, which recognise every child as unique, with an individual path to learning and a need for close relationships and enabling environments in order to succeed.

These ideas are remarkably close to the leading principles in children's rights, making the early years especially fertile ground for upholding those rights. The United Nations Convention on the Rights of the Child (which the UK has agreed to honour) says that:

- the Government - and its services - must act 'in the best interests of the (unique) child' (Article 3 of the Convention);

- education will enable each child to develop their 'personality, talents and mental and physical abilities to their full potential' (Article 29);

- the family is the 'natural environment for the growth and wellbeing' of children (preamble).

The language of the Convention may be a little heavier than the language of early years. It is an international legal agreement, after all. But the shared principles are clear.

The Convention comprises three elements. Sometimes referred to as 'the three Ps', they are children's rights to:

- provision

- protection

- participation.

The third is key, as it places a duty on adults to listen and act upon children's views when implementing their rights to provision and protection.

So, what is the early years sector doing that promotes young children's rights? What elements of good practice already foster those rights? And how can providers and practitioners do more?

CHILDREN'S RIGHTS TO PROVISION

The debate over whether some or even all of the early learning goals contradict the EYFS principles is also a debate about young children's rights.

The British Association for Early Childhood Education (Early Education) broadly welcomes the framework, but says that the literacy goals are set developmentally too high for most children. Open EYE, a campaign calling for a Government review of the EYFS, goes further, suggesting that the framework is driven by its targets and not by the interests of 'the unique child'.

In questioning the appropriateness of EYFS goals, both organisations also question whether the Government's education provision is promoting young children's right to develop their 'personality, talents and mental and physical abilities to their full potential'. Debates over quality and qualifications also effectively hold the Government to account on their provision for that right.

Early years providers play a part in ensuring children's right to the 'highest attainable standard of health' (Article 24). Statutory policies on health and safety come into play, of course, as do the many initiatives that settings put in place - for healthy snacks, perhaps. But children's rights are only fully upheld if provision also enables them to make their own choices: to participate.

Children's rights expert Priscilla Alderson (2008) says that helping young children learn to care for themselves is central to providing for their right to health. There are many ways to do this. Jane Khan (2003), for instance, spent 30 years cooking with young children in nursery settings and, in the booklet More Than Cooking, describes how to involve three- and four-year-olds safely in most elements of food preparation - including the use of sharp cutting instruments.

Setting layout, routines and relationships which encourage children to take themselves to the toilet, put on their own suncream, rest when they choose, or get the right help when they are hurt, all mark out provision that encourages children's independent learning and also helps them access their rights.

CHILDREN'S RIGHTS TO PROTECTION

All settings have statutory duties which contribute to children's key protection right under the UN Convention, against 'violence, abuse, neglect and maltreatment' (Article 19). This is balanced by the Government's duty to support the family (Article 3), so that it might be a nurturing and safe environment for children.

By respecting family structures, involving parents, inviting their contributions, offering training and recognising when families might need help from other agencies, early years settings contribute to upholding children's right to live in a secure family while also fostering their self-esteem and encouraging their learning.

Debate in the early years over the Government's drive for flexibility in childcare provision is also about how best to help families provide a nurturing and safe environment. Daycare Trust supports increased flexibility, but also calls for parents to receive financial benefits if they prefer to stay at home. Judy Miller (2003), author of Never Too Young, a practical guide to enabling young children's participation, says that many childcare initiatives focus on enabling parents to go out to work and so alleviate poverty.

While the latter is vital, she says, 'I am not aware that children have been asked if they'd rather spend more time with their family or in childcare. Many do enjoy their time in childcare, but some have told me that they spend too long at their setting.' She wonders how far this respects children's - and parents' - right to family life.

Under the Convention, children have a right to be protected against discrimination (Article 2). There are, of course, statutory duties on settings here, but a more pro-active approach is needed if children are to access this important right.

In Young Children and Racial Justice, Jane Lane (2008) takes a strategic approach to planning for racial equality and says that relevant policies, whether across a whole service or just in one setting, will only be successful if everyone involved first understands what racism really is and has an honest discussion about it.

Commenting on the book, early years expert Cathy Nutbrown agrees that challenging racism is a key rights issue for young children - a matter of needs, not wants. 'This important book,' she says, 'is for everyone who is concerned about the future of our world and who believes that the bedrock of social justice and equality lies in the early years.'

Over-protection

Children's rights to protection are not the same as adults' wishes to keep them safe at all times. That can lead to over-protection, and can ignore children's rights to participation. Understandably, fears about traffic, climbing equipment, falling into water and danger from strangers worry everyone. But the UN Convention has nothing specific to say about this kind of risk and, if all young children's rights are to be respected, they must be enabled to make some decisions about their own safety.

Jennie Lindon's Too Safe for Their Own Good? (2002) is full of ideas for helping children make good choices in situations that are often seen as risky, such as crossing the road or climbing high equipment. The book does not pretend that roads are safe or that there is no risk in climbing too high, nor does it suggest that adults should leave young children to cope alone. Instead, it shows how careful language, good routines and well-designed activities can enable young children to understand risks, acquire the skills to manage them and know when they need support. Again, a commitment to fostering children's independent learning enables them to access their rights.

CHILDREN'S RIGHTS TO PARTICIPATION

I have attempted to show how children's rights to participation can and should be embedded in all policies and practices that respect children's provision and protection rights.

The principle that children have a right to express their views in matters affecting them, and to have those views 'given due weight' (Article 12), has been increasingly embraced in the early years. Judy Miller says that now there is certainly 'more awareness of the need to listen to children' than there was ten years ago. Listening to young children is at the heart of so much good early years practice, and respecting their right to express views has implications for every aspect of a practitioner's work, including with children who appear unco-operative.

For example, in one excellent setting that celebrated children's expertise by giving them free movement around a well-resourced environment, I noticed that daily large-group carpet sessions were often disrupted by the children - or that practitioners thought they were. The sudden transition from investigative freedom to teacher-led sessions appeared too stark for everyone.

Involving the children in shaping these sessions - sharing their news, choosing a story or talking about what they wanted to do tomorrow - would have shown the same respect for their opinions and abilities as existed in all other aspects of the setting.

Greater involvement may also have engaged the children's interest more fully, enabling them to be constructive members of the group and helping practitioners to feel under less pressure. Anni McTavish's (2007) booklet, Feelings and Behaviour, is full of creative ideas for listening and responding to what children are really feeling and thinking, especially in difficult situations.

Providers and practitioners must take care to listen to all children if they are also to respect their right to protection from discrimination. Inclusion is often seen as practice for disabled children, but the Early Childhood Forum identifies it as 'a process of identifying, understanding and breaking down the barriers to participation and belonging' - for all. Some helpful practical guidance on inclusive strategies for consulting young children is given in Starting with Choice (Dickins, Emerson & Gordon-Smith 2004).

This article has taken a high-speed look at some of the key issues and shared principles involved in promoting young children's rights in the early years. The publications referred to here all take that further by promoting excellent early years practice and respect for young children and their rights.

REFERENCES

Alderson, P (2008) Young Children's Rights: Exploring beliefs, principles and practice, 2nd edition, Jessica Kingsley Publishers

Broadhead, P (2004) Early Years Play and Learning: Developing social skills and co-operation. RoutledgeFalmer

Clark, A & Moss, P (2001) Listening to Young Children: The Mosaic approach. National Children's Bureau

Dickins, M & Emerson, S with Gordon-Smith, P (2004) Starting with Choice: Inclusive strategies for consulting young children. Save the Children

ECF (2007) Championing Young Children's Rights and Entitlements. Early Childhood Forum

Khan, J (2003) More Than Cooking: Developing children's learning through cooking. British Association for Early Childhood Education

Lane, J (2008) Action for Racial Equality in the Early Years. National Children's Bureau

Lindon, J (2003) Too Safe for Their Own Good?: Helping children learn about risk and life skills. National Children's Bureau

McTavish, A (2007) Feelings and Behaviour: A creative approach. British Association for Early Childhood Education

Miller, J (2003) Never Too Young: How young children can take responsibility and make decisions. National Children's Bureau

Pat Gordon-Smith is a freelance writer and editor for the early years

SELF-CARE FOR SLEEPY BABIES

Babies at Riverside Children's Centre in North Tyneside sleep in large dog baskets (pictured). Some years ago, the centre decided that putting babies to sleep in cots did not fulfil North Tyneside's mission to 'encourage children to take initiative, make decisions, participate, co-operate and celebrate in all aspects of nursery life'.

The wicker baskets were chosen because they enable babies to crawl in and out whenever they choose - for sleep, rest or a cosy play. Each baby has their own basket which is padded for cosiness (in line with all health and safety requirements), so they can respond to feelings of tiredness at any time without adult help.

PROTECTING YOUNG CHILDREN'S PRIVACY

Under the UN Convention on the Rights of the Child, children and their families have a right to privacy 'from arbitrary or unlawful interference' (Article 16). This places a duty on governments not to be intrusive, but it has implications for adult authority in an early years environment.

At two nursery schools, children are busy in their self-chosen activities. In the first setting, the children are easily observed over low storage units that divide the space into play sections. They are all inside, as the doors to a large outdoor area are locked until morning playtime.

In the second, the classroom is divided by units of varying heights - some tall enough to give children the sense that they are hidden. There is a topsy-turvy home corner where children seem to disappear behind a rack of costumes, and a more private area in the garden to which there is constant access. There is noticeably more movement and more noise in this setting. It has a more untidy feel, but the children are involved in private role play for longer periods here. Adults are always nearby, but they do not supervise constantly.

Play expert Pat Broadhead (2004) says that freedom to direct their own play space enables young children to develop their own relationships and skills. It also displays trust, and respects the children's right to privacy.

THE YOUNG CHILDREN'S VOICES NETWORK

The National Children's Bureau initiative, Young Children's Voices, aims to develop local authority networks of good practice in listening to young children, so their views will not only affect setting practices but feed into strategic planning across authorities. Twenty local authorities are now involved and a detailed guide sharing their best practice will be published by NCB towards the end of the year.

Fiona Kemp is head of Robert Owen Early Years Centre in Greenwich, which acts as the hub for that authority's network. 'Our practice at the centre was influenced by Alison Clark and Peter Moss's (2001) work on listening,' she says. 'It led us to ask the children to take photos of places that interested them. One child, who was new to us, took lots of pictures of the main door. They helped us understand that coming to the centre had been a major challenge for him and that he was dealing with simply getting through that door.'

Practitioners tell Fiona Kemp that listening and sharing good practice has made a difference to the way they approach play, and that they take more time to work out what children are doing and what their interests really are before setting out to plan activities.

More information

- The United Nations Convention on the Rights of the Child is available at: www.unhchr.ch/html/menu3/b/k2crc.htm

- A child-friendly (and adult-friendly) version is available at www.unicef.org.uk/tz/resources/assets/pdf/rights_leaflet.pdf.