5. Legislation and rights for children in care
- "Children are not responsible enough to make decisions about their future."
- "Children are too young and vulnerable to exercise their rights and make decisions about their future."
- "Shouldn't we be talking about children's needs rather than their rights?"
Think about the three statements above and decide whether you agree or disagree with each one.
Now, read some background facts below. Having read these, what would you say to a person making such a statement?
- All young people have responsibilities, for example they have to go to school. They can choose to take on some responsibilities like part-time jobs, or family, school-based or community activities.
Whether or not they have these responsibilities, all children in care have rights given them in law to be involved in any decision-making that concerns them. They are relying on you to uphold their rights, for example supporting them to speak out at their reviews and other meetings. This is one way we show our respect for them and the law.
Remember the ways in which our culture often views children:
Our popular and official culture in deeply embedded ways, defines young people as too uninformed, unreliable and untrustworthy to carry responsibility. (Ref: Davies and Marken, 1998)
- We know that even quite young children, and children with disabilities, have opinions and express them on complex matters - such as their medical care. There is no minimum age for when children must be listened to.
Any child who is capable of forming his or her views has the right to express their views freely in all matters which affect them. (Ref: Article 12 of UNCRC)
Respecting children's rights by consulting with them can make a real change in the way things are run and organised, as they will have many good ideas about how to make improvements.
"You can ask them if they can get something if they don't have it. I asked them for a doll and they talked to me about getting it. Now they have dolls." (Young person - ref: SCIE, 2006)
- Children's rights are based on their needs. Emphasising rights as well as needs demonstrates the fact that children are seen and respected as citizens who are justified in making claims on society, and that adults have a duty to respect and uphold those rights.
The government has signed up to the UN Convention on the Rights of the Child (UNCRC), which states clearly that in the first instance parents have the responsibility to meet their children's needs, but if they cannot meet this responsibility then the state must do so.