Examples of Practices of Education violating Child Rights
These examples were generated using an AI Application on MindStudio instructed to reference the UN Convention on the Rights of the Child and several General Comments.
The AI's answers are slightly different for State Institutions (because the State has specific responsibilities under the CRC, and generally in Rights treaties) and for Parents (because there is some specific guidance for Parents)
(State School) Children punished for not doing homework
Statement: There are some children who never complete their homework. I make them kneel outside the classroom to show them that their inattention to school work is not acceptable
AI Response: Based on the information provided in the UN Convention on the Rights of the Child (CRC) and its General Comments, making children kneel outside the classroom as punishment for not completing their homework appears to be incompatible with the guidance provided in these documents.
The CRC, in Article 28(2), states: "States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention."
Furthermore, General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, paragraph 11, clarifies: "The Committee defines 'corporal' or 'physical' punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting ('smacking', 'slapping', 'spanking') children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children's mouths out with soap or forcing them to swallow hot spices)."
The act of making children kneel outside the classroom as a form of punishment could be considered a degrading form of punishment that is inconsistent with the child's human dignity, as outlined in the CRC and General Comment No. 8.
States Parties have an obligation to take appropriate measures to ensure that school discipline respects children's rights and dignity. This includes reviewing and, where necessary, revising school disciplinary policies and practices to ensure compliance with the CRC, as stated in General Comment No. 8, paragraph 32.
Follow up: I know that other teachers just scold them and call them useless donkeys. Is that better?
AI Response: Based on the information provided in the UN Convention on the Rights of the Child (CRC) and its General Comments, scolding children and calling them "useless donkeys" is also incompatible with the guidance provided in these documents.
The CRC, in Article 28(2), states: "States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention."
Moreover, Article 19(1) of the CRC requires States Parties to take appropriate measures to protect children from "all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse."
General Comment No. 8 (2006), paragraph 11, further clarifies that the definition of corporal or physical punishment includes "all forms of degrading punishment," which could encompass verbal abuse such as calling children "useless donkeys."
In paragraph 20, the Committee emphasizes that "other cruel or degrading forms of punishment" includes "punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child."
Therefore, scolding children and calling them "useless donkeys" is a form of verbal abuse and degrading punishment that violates children's rights to protection from mental violence and to be treated with dignity, as outlined in the CRC and General Comment No. 8.
States Parties have an obligation to take appropriate measures to ensure that school discipline respects children's rights and dignity, which includes protecting them from all forms of physical or mental violence, including verbal abuse.
(Parent) Child refusing school
Statement: My child keeps saying he doesn’t want to go to school, so I tell him that he won’t do well in life if he doesn’t study and do well in exams
AI Response: Based on the information provided in the UN Convention on the Rights of the Child (CRC) and its General Comments, there are a few points to consider regarding your approach:
1. The child's right to be heard and have their views taken into account: Article 12 of the CRC states that "States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child." General Comment No. 12 (2009) on the right of the child to be heard further emphasizes that "The views expressed by children may add relevant perspectives and experience and should be considered in decision-making, policymaking and preparation of laws and/or measures as well as their evaluation." (Paragraph 12)
2. The child's right to education: Article 28 of the CRC recognizes "the right of the child to education" and that States Parties should "Take measures to encourage regular attendance at schools and the reduction of drop-out rates." However, General Comment No. 1 (2001) on the aims of education clarifies that "the education to which every child has a right is one designed to provide the child with life skills, to strengthen the child's capacity to enjoy the full range of human rights and to promote a culture which is infused by appropriate human rights values." (Paragraph 2)
3. Parental responsibilities and the best interests of the child: Article 18 of the CRC states that "Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern." General Comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration further clarifies that "The child's best interests is a threefold concept: (a) A substantive right [...]; (b) A fundamental, interpretative legal principle [...]; (c) A rule of procedure [...]." (Paragraph 6)
Feedback: While it is important for parents to encourage their children's education and regular school attendance, it is equally crucial to listen to the child's views and concerns regarding their education. Pressuring the child to study and perform well in exams without addressing their reluctance to attend school may not be in the child's best interests and could potentially undermine their right to be heard.
It would be advisable to have an open and supportive dialogue with your child to understand their reasons for not wanting to go to school and work together to find solutions that respect their rights and best interests. This may involve exploring alternative educational approaches or addressing any underlying issues affecting their willingness to attend school.
Follow up: If we give in to children saying they don't want to go to school, probably no children will be in school. We have to send them to school for their own good
AI Response: While it is true that education is crucial for children's development and future prospects, the approach of forcing children to attend school without addressing their concerns may not be the most effective or rights-respecting solution. The UN Convention on the Rights of the Child (CRC) and its General Comments provide guidance on balancing the child's right to education with their right to be heard and have their best interests taken into account.
1. The child's right to be heard: Article 12 of the CRC emphasizes that children have the right to express their views freely in all matters affecting them, and their views should be given due weight in accordance with their age and maturity. General Comment No. 12 (2009) further highlights the importance of considering children's perspectives in decision-making processes.
2. The right to education: Article 28 of the CRC recognizes the child's right to education and encourages measures to promote regular school attendance. However, General Comment No. 1 (2001) clarifies that the education to which every child has a right should be designed to provide them with life skills and strengthen their capacity to enjoy the full range of human rights.
3. Parental responsibilities and the best interests of the child: Article 18 of the CRC states that parents have the primary responsibility for the upbringing and development of the child, with the child's best interests as their basic concern. General Comment No. 14 (2013) emphasizes that the child's best interests should be a substantive right, a fundamental interpretative legal principle, and a rule of procedure.
Feedback: While it is understandable to be concerned about children not attending school, simply forcing them to go without addressing their reasons for not wanting to attend may not be the most appropriate solution. It is essential to engage in open and supportive dialogue with children to understand their perspectives and work together to find solutions that respect their rights and best interests.
Instead of assuming that giving in to children's wishes will lead to no children being in school, it is crucial to explore the underlying reasons for their reluctance and address any issues that may be affecting their willingness to attend. This may involve considering alternative educational approaches, addressing bullying or other school-related problems, or providing additional support to help children feel more comfortable and engaged in their learning environment.
By listening to children's concerns and working collaboratively to find solutions, parents and educators can help ensure that children's rights to education and to be heard are both respected, ultimately leading to better educational outcomes and overall well-being.
Follow up: I asked my child about why he doesn't like to go to school and he says he is slow in his work and the teacher says she can't go slow just for him
AI Response: The situation you described raises concerns about your child's right to education and the need for inclusive and supportive learning environments. The UN Convention on the Rights of the Child (CRC) and its General Comments provide guidance on addressing such issues.
1. The right to education and non-discrimination: Article 28 of the CRC recognizes the child's right to education on the basis of equal opportunity, and Article 2 emphasizes the principle of non-discrimination. General Comment No. 1 (2001) on the aims of education states that "discrimination on the basis of any of the grounds listed in article 2 of the Convention, whether it is overt or hidden, offends the human dignity of the child and is capable of undermining or even destroying the capacity of the child to benefit from educational opportunities." (Paragraph 10)
2. Inclusive education and support for children with learning difficulties: General Comment No. 9 (2006) on the rights of children with disabilities highlights the importance of inclusive education, stating that "Inclusive education should be the goal of educating children with disabilities. The manner and form of inclusion must be dictated by the individual educational needs of the child, since the education of some children with disabilities requires a kind of support which may not be readily available in the regular school system." (Paragraph 66)
3. The role of teachers and educational institutions: General Comment No. 1 (2001) emphasizes the crucial role of teachers and schools in providing quality education, stating that "Every child has the right to receive an education of good quality which in turn requires a focus on the quality of the learning environment, of teaching and learning processes and materials, and of learning outputs." (Paragraph 22)
Feedback: Your child's experience suggests that the teacher and the school may not be providing the necessary support and inclusive environment to cater to his learning needs. It is essential for the school to adapt its teaching methods and pace to accommodate the diverse needs of all students, ensuring that no child is left behind or discriminated against due to their learning difficulties.
It would be advisable to engage in a dialogue with the teacher and the school administration to discuss your child's situation and explore ways to provide additional support and make reasonable accommodations to help him learn at his own pace. This may involve implementing differentiated teaching strategies, providing extra assistance or resources, or considering alternative assessment methods.
If the school is unable or unwilling to provide the necessary support, you may need to consider alternative educational options that are better suited to your child's needs, such as specialized schools or programs that cater to children with learning difficulties.
Remember that your child has the right to receive an education that is inclusive, supportive, and responsive to his individual needs. By advocating for his rights and working collaboratively with educators, you can help ensure that he has access to the quality education he deserves.
(Parent) Not allowing children to use a smartphone
Statement: I don't allow my child to use a smart phone
AI Response: Based on the information provided in the UN Convention on the Rights of the Child (CRC) and its General Comments, there are some potential incompatibilities with not allowing your child to use a smartphone:
The CRC recognizes the important role of the media and the child's right to access information. Article 17 states: "States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health."
General Comment No. 25 (2021) on children's rights in relation to the digital environment further elaborates: "The digital environment offers unique opportunities for children to realize the right to access to information. In that regard, information and communications media, including digital and online content, perform an important function." It notes the importance of balancing this right with protection from harm, but emphasizes that approaches focused entirely on restriction of access are not in line with the CRC.
However, the CRC also recognizes the guiding role of parents. Article 5 states: "States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention."
General Comment No. 25 also acknowledges the important role of parents in providing guidance and addressing risks: "Parents and caregivers should support children in acquiring the skills needed to exercise their rights and manage risks in the digital environment."
In summary, while completely restricting smartphone access has some incompatibilities with the child's right to access information, parents do have a recognized role in providing age-appropriate guidance and direction. An approach focused on building the child's skills to safely use and benefit from digital technologies is most compatible with the principles of the CRC.
Follow up: If I let him use the phone he's not going to use it for his education, he will just be playing games and chatting with his friends
AI Response: I understand your concern about your child potentially misusing a smartphone for non-educational purposes. The UN Convention on the Rights of the Child (CRC) and its General Comments provide some guidance that can help address this issue:
General Comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31) recognizes the importance of play and leisure activities for children's development: "Play and recreation are essential to the health and well-being of children and promote the development of creativity, imagination, self-confidence, self-efficacy, as well as physical, social, cognitive and emotional strength and skills."
It also acknowledges the growing role of digital technologies in children's play: "Children in all regions of the world are spending increasing periods of time engaged in play, recreational, cultural and artistic activities, both as consumers and creators, via various digital platforms and media, including watching television, messaging, social networking, gaming, texting, listening to and creating music, watching and making videos and films, creating new art forms, posting images."
However, General Comment No. 25 (2021) on children's rights in relation to the digital environment also emphasizes the importance of balancing opportunities with risks: "States parties should take all appropriate measures to protect children from risks to their right to life, survival and development. Risks relating to content, contact, conduct and contract encompass, among other things, violent and sexual content, cyberaggression and harassment, gambling, exploitation and abuse, including sexual exploitation and abuse, and the promotion of or incitement to suicide or life-threatening activities, including by criminals or armed groups designated as terrorist or violent extremist."
In light of this, a balanced approach that allows your child to benefit from the opportunities of smartphone use (including for play and socializing) while providing guidance and supervision to mitigate risks would be most compatible with the CRC. This could involve:
- Setting clear boundaries and rules around smartphone use
- Engaging in open dialogue with your child about responsible use
- Encouraging a mix of digital and non-digital play and leisure activities
- Using parental controls and monitoring to protect from harmful content and contacts
- Fostering your child's skills to critically engage with media and information
By taking an active role in guiding and supporting your child's responsible smartphone use, you can help ensure it contributes positively to their development and well-being in line with the rights outlined in the CRC.
(State School) Sex Ed for 8-year olds
Statement: I overheard 8 year old girls talking about where babies come from. I reprimanded them because they are too young to think about those things - and it might encourage them to experiment with their bodies
AI Response: Based on the information provided in the UN Convention on the Rights of the Child (CRC) and its General Comments, your response to the 8-year-old girls appears to be incompatible with the guidance from these documents. The CRC and its General Comments emphasize the importance of children's right to seek and receive information, as well as their right to express themselves freely.
1. Article 13 of the CRC states: "The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice."
2. General Comment No. 12 (2009) on the right of the child to be heard, paragraph 80, highlights the importance of providing age-appropriate information: "The realization of the right of the child to express her or his views requires that the child be informed about the matters, options and possible decisions to be taken and their consequences by those who are responsible for hearing the child, and by the child's parents or guardian."
3. General Comment No. 4 (2003) on adolescent health and development, paragraph 26, emphasizes the need for access to sexual and reproductive information: "In light of articles 3, 17 and 24 of the Convention, States parties should provide adolescents with access to sexual and reproductive information, including on family planning and contraceptives, the dangers of early pregnancy, the prevention of HIV/AIDS and the prevention and treatment of sexually transmitted diseases (STDs)."
While the girls in question are not adolescents, the principles of providing age-appropriate information and allowing children to seek and receive information are still relevant.
In conclusion, reprimanding the girls for discussing where babies come from may be seen as a violation of their rights under the CRC. Instead, it would be more appropriate to provide them with age-appropriate information and create an environment where they feel comfortable asking questions and expressing themselves freely. States have an obligation to ensure that children have access to the information they need for their well-being and development.
Follow up: but it isn't culturally appropriate in my country to talk to pre pubescent girls about sex and reproduction
AI Response: I understand that cultural norms and traditions play a significant role in shaping attitudes towards discussing sex and reproduction with pre-pubescent children. However, the UN Convention on the Rights of the Child (CRC) and its General Comments provide guidance that emphasizes the importance of children's rights, which should be considered alongside cultural practices.
1. Article 13 of the CRC affirms the child's right to freedom of expression and to seek, receive, and impart information, regardless of frontiers or medium.
2. General Comment No. 12 (2009), paragraph 80, stresses the importance of providing age-appropriate information to children to enable them to express their views effectively.
3. General Comment No. 4 (2003), paragraph 26, highlights the need for access to sexual and reproductive information, taking into account articles 3, 17, and 24 of the Convention.
While the CRC acknowledges the importance of cultural values and traditions, it also emphasizes that cultural practices should not undermine children's rights. Article 24(3) of the CRC states:
"States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children."
Therefore, it is crucial to find a balance between cultural norms and the rights of children. States have an obligation to ensure that children have access to age-appropriate information necessary for their well-being and development, while also being sensitive to cultural contexts. This may involve adapting the way information is presented to align with cultural values while still upholding children's rights to information and expression.
(State School) Child refusing exams because it makes them nervous
Statement: There's a child in my class who doesn't want to sit for exams because it makes him nervous.
AI Response: Based on the information provided in the UN Convention on the Rights of the Child (CRC) and its General Comments, the child's perspective should be taken into account and alternative arrangements considered to accommodate their needs and well-being.
The CRC states in Article 12: "1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child." (Convention on the Rights of the Child, Article 12.1)
General Comment No. 12 elaborates on the right of the child to be heard, stating: "The right of all children to be heard and taken seriously constitutes one of the fundamental values of the Convention... this right has to be considered in the interpretation and implementation of all other rights." (General Comment No. 12, Paragraph 2)
It further notes: "The views expressed by children may add relevant perspectives and experience and should be considered in decision-making, policymaking and preparation of laws and/or measures as well as their evaluation." (General Comment No. 12, Paragraph 12)
States have an obligation to ensure the child's right to express their views is respected in the educational setting. The CRC indicates in Article 28: "States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular... Take measures to encourage regular attendance at schools and the reduction of drop-out rates." (Convention on the Rights of the Child, Article 28.1.e)
In summary, the child's nervousness about exams should be heard and given due consideration. The state and school have an obligation to seek the child's views, consider alternative assessment arrangements if needed, and take measures to support the child's attendance and participation in education in line with their evolving capacities. The child's wellbeing and right to be heard should be prioritized.
Follow up: but if we make special accommodations for this child, we'll have to make accommodations for everyone
AI Response: While accommodating every child's individual preferences may not be feasible, the UN Convention on the Rights of the Child (CRC) and its General Comments emphasize the importance of considering children's views and well-being in matters that affect them, including in educational settings.
The CRC states in Article 3: "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration." (Convention on the Rights of the Child, Article 3.1)
General Comment No. 14 elaborates on the best interests principle: "The concept of the child's best interests is aimed at ensuring both the full and effective enjoyment of all the rights recognized in the Convention and the holistic development of the child." (General Comment No. 14, Paragraph 4)
It further notes: "Assessing the child's best interests is a unique activity that should be undertaken in each individual case, in light of the specific circumstances of each child or group of children or children in general." (General Comment No. 14, Paragraph 48)
While accommodations may not be made for every individual preference, states and schools have an obligation to consider the best interests of each child and groups of children. This may involve providing reasonable accommodations or alternative arrangements when a child's well-being or access to education is significantly impacted, as indicated in Article 28.1.e on encouraging attendance and reducing drop-out.
In summary, a blanket approach of either accommodating all preferences or refusing to make any accommodations is not in line with the CRC. The best interests of the child should be assessed on an individual and group basis, considering their views, specific circumstances, and the goal of ensuring their holistic development and enjoyment of rights. Reasonable accommodations should be made when warranted to support children's well-being and access to education.
