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Supporting young children’s rightsSTATEMENT OF INTENT(2015–2018)

The Australian Human Rights Commission was established in 1986 by an act of the federal Parliament. We are an independent statutory organisation and report to the federal Parliament through the Attorney-General.

Our Vision: Human rights—everyone, everywhere, everyday.

Early Childhood Australia (ECA) has been a voice for young children since 1938. We are the peak early childhood advocacy organisation, acting in the interests of young children, their families and those in the early childhood field. ECA advocates to ensure quality, social justice and equity in all issues relating to the education and care of children aged birth to eight years.

Our vision: Every young child is thriving and learning.

SUPPORTING YOUNG CHILDRENS RIGHTS—STATEMENT OF INTENT (2014–2018) | 1

Purpose Supporting young children’s rights: Statement of intent (2015–2018) provides high-level principles and areas for collective work, advocacy and action by Early Childhood Australia (ECA), its members and the National Children’s Commissioner in relation to the rights of young children—including children from birth to primary school age—over the next three years.

Supporting young children’s rights: Statement of intent (2015–2018) assists ECA and its members to be clear and credible advocates in campaigning for the rights and wellbeing of young children (ECA, 2014). ECA and the National Children’s Commissioner have worked collaboratively to identify key areas for action to advocate for young children’s rights in Australia. This document also aims to guide professionals working with young children to support and advocate for young children’s rights in their day-to-day practice.

OverviewAustralia ratified the United Nations Convention on the Rights of the Child in 1990 (the ‘Convention’ or ‘UNCRC’). This Convention is an international human rights treaty which formally and explicitly outlines the rights of children in international law including basic human rights such as the right to be free from abuse, neglect and exploitation, the right to an education and healthcare and the right to be free from discrimination of any kind. The Convention emphasises respect for the inherent human dignity of all children, the importance of recognising diversity— including learning styles, abilities, gender, family circumstances and geographic location—and the principles of non-discrimination, best interests of the child, participation and survival and development. Whilst the Convention is not incorporated as a whole into Australian national and state laws, its principles inform and guide components of various legislation, policy, service provision and practice.

Of particular note to the development of this document, the national legislative framework for early childhood service delivery, the Education and Care Services National Law (2010) explicitly supports the incorporation of the Convention into legislation in Australia. Similarly the Early Years Learning Framework (2009) explicitly incorporates the Convention into the national guide for curriculum decision-making in early education and care. These documents highlight the central role of young children’s rights in the provision of quality teaching and learning and service delivery.

Early childhood educators guided by the [Early Years Learning Framework] will reinforce in their daily practice the principles laid out in the United Nations Convention on the Rights of the Child. The Convention states that all children have the right to an education that lays a foundation for the rest of their lives, maximises their ability, and respects their family, cultural and other identities and languages. The Convention also recognises children’s right to play and be active participants in all matters affecting their lives.The Early Years Learning Framework, 2009, p. 5.

The articles within the UNCRC are embedded within the objectives and guiding principles of the Education and Care Services National Law (2010) and Regulations (2011). The objectives and guiding principles of the Education and Care Services National Law (2010) provide the purpose of the Act. Of note are the following relevant key guiding principles (Section 3):

• that the rights and best interests of the child are paramount

• that children are successful, competent and capable learners

• that the principles of equity, inclusion and diversity underlie this Law

• that Australia’s Aboriginal and Torres Strait Islander cultures are valued

• that the role of parents and families are respected and supported

• that best practice is expected in the provision of education and care services.

2 | SUPPORTING YOUNG CHILDRENS RIGHTS—STATEMENT OF INTENT (2014–2018)

Why do we need a joint statement of intent?As a national legislative framework and policy document the Education and Care National Law (2010) and the Early Years Learning Framework (2009) explicitly incorporate the UNCRC and highlight the central role of children’s rights in the provision of quality teaching, learning and mainstream service delivery.

Areas for action

Australia’s first National Children’s Commissioner, Ms Megan Mitchell, tabled her inaugural report—the Children’s Rights Report 2013—to Parliament in November 2013. This report examined the implementation of the UNCRC in Australia. In this report the National Children’s Commissioner identified five emerging themes to progress the better protection of children’s rights in Australia. The above key documents and these five themes have informed the focus of ECA’s Supporting young children’s rights: Statement of intent (2015–2018).

The five key themes include:

• the right to be heard

• freedom from violence, abuse and neglect

• the opportunity to thrive

• engaged civics and citizenship

• action and accountability.

Key documents

Our statement of intent is based on an analysis and review of the following key Australian child rights documents:

• Education and Care Services National Law (2010) and the Education and Care Services National Regulations (2011)

• Belonging, Being and Becoming—The Early Years Learning Framework for Australia (2009) and My Time, Our Place—Framework for School Age Care In Australia (2011)

• United Nations Convention on the Rights of the Child (1989)

• Children’s Rights Report (2013)

• UN Committee on the Rights of the Child: Concluding Observations, Australia (2012)

• Listen to Children Report (2011)

• National Framework for Protecting Australia’s Children 2009–2020 (2009)

• Investing in the Early Years—A National Early Childhood Development Strategy 2009–2020 (2009)

• ECA Code of Ethics (2006)

• ECA Reconciliation Action Plan (2012)

• A Guide to General Comment 7: Implementing Child Rights in Early Childhood (2006)


1. The right to be heard:

Promoting children’s voice and participation in decision-making processes, and enabling greater opportunities to hear from children about their concerns

I would feel better if in life we kids had more of a say as we do have a voice and we would like to be heard and this is perfect for me as I am

being heard. I would feel much better if everyone in life was equal.

- child from Victoria

- four-year-old girl from Queensland

The key priority areas for action identified by ECA and the National Children’s Commissioner specific to young children for 2015–2018 include:

Action 1.1: building early childhood professionals’ capacity, skills and knowledge to work, think and behave in a way that supports the implementation of children’s rights, including the right to express their views, in everyday practice.

Action 1.2: supporting professionals working with young children to recognise that all children, including very young children, have the right to be heard and to participate in decision-making processes.

Action 1.3: supporting professionals working with young children to understand that they have the responsibility to listen to children, consider their opinions and act on their wishes, taking into account the child’s best interests.

Action 1.4: supporting professionals to be able to identify and use appropriate resources and tools to ethically facilitate children’s participation and decision-making.


The

rig

ht t

o b

e he

ard

Wha

t th

is m

eans

fo

r a

child

Wha

t th

is m

eans

fo

r a

pro

fess

iona

l w

ork

ing

with

yo

ung

chi

ldre

nW

hat

this

mea

ns f

or

EC

A a

nd t

he

Nat

iona

l Chi

ldre

n’s

Co

mm

issi

one

r

I will

:

• be

reco

gnis

ed a

s a

succ

essf

ul,

com

pete

nt a

nd c

apab

le le

arne

r

• be

enc

oura

ged

to e

xpre

ss m

y vi

ews

and

opin

ions

and

kno

w th

at th

ese

view

s an

d op

inio

ns w

ill be

list

ened

to a

nd v

alue

d

• be

con

sulte

d in

dec

isio

ns a

bout

wha

t is

best

for

me

• be

sup

port

ed to

acc

ess

the

info

rmat

ion

I nee

d to

be

safe

ly c

onne

cted

to a

nd

cont

ribut

e to

my

wor

ld a

nd th

e de

cisi

ons

affe

ctin

g m

e

• kn

ow th

at m

y fa

mily

is re

cogn

ised

and

re

spec

ted

as h

avin

g th

e ke

y re

spon

sibi

lity

for

my

upbr

ingi

ng

• ha

ve p

rivac

y.

I will

:

• re

cogn

ise

child

ren’

s ag

ency

and

thei

r in

divi

dual

and

evo

lvin

g ca

paci

ty to

pa

rtic

ipat

e in

day

-to-

day

cons

ider

atio

ns

rela

ting

to th

eir

lives

• bu

ild m

y ca

paci

ty, s

kills

and

kno

wle

dge

of c

hild

ren’

s rig

hts

to e

nabl

e m

e to

im

plem

ent t

hese

in m

y da

y-to

-day

pr

actic

e

• fa

cilit

ate

lear

ning

env

ironm

ents

that

fost

er

oppo

rtun

ities

for

all c

hild

ren

to e

xpre

ss

them

selv

es

• lis

ten

to a

nd v

alue

chi

ldre

n’s

view

s an

d op

inio

ns a

nd s

how

that

thei

r vi

ews

have

be

en a

cted

on

• pr

ovid

e ch

ildre

n w

ith o

ppor

tuni

ties

for

thei

r vi

ews

to b

e he

ard

and

acte

d up

on

• lis

ten

to a

nd v

alue

fam

ilies’

vie

ws

and

opin

ions

and

sho

w th

at th

eir

view

s ha

ve

been

act

ed o

n

• ad

voca

te fo

r ch

ildre

n’s

view

s an

d op

inio

ns

to b

e he

ard

and

valu

ed w

ithin

the

early

le

arni

ng e

nviro

nmen

t, th

e fa

mily

and

the

com

mun

ity.

EC

A a

nd

th

e N

atio

nal

Ch

ildre

n’s

C

omm

issi

oner

will

:

• id

entif

y an

d pr

omot

e th

e us

e of

ap

prop

riate

reso

urce

s an

d to

ols

to

prom

ote

child

ren’

s vo

ices

and

to s

uppo

rt

child

ren’

s pa

rtic

ipat

ion

in d

ecis

ion

mak

ing

• et

hica

lly c

ontr

ibut

e yo

ung

child

ren’

s vo

ices

to th

e pu

blic

deb

ate

on is

sues

of

rele

vanc

e to

you

ng c

hild

ren.


Rel

evan

t A

rtic

les

and

Act

s

• U

NC

RC

Art

icle

12—

Rig

ht to

resp

ect f

or th

e vi

ews

of th

e ch

ild.

• U

NC

RC

Art

icle

13—

Rig

ht to

free

dom

of e

xpre

ssio

n.

• U

NC

RC

Art

icle

5, 1

8—R

ight

to fa

mily

.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Nat

iona

l Law

(201

1) S

ectio

n 3—

child

ren

are

succ

essf

ul, c

ompe

tent

and

cap

able

lear

ners

.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Nat

iona

l Reg

ulat

ions

(201

1) S

ectio

n 15

5—ed

ucat

ors

mus

t pro

vide

edu

catio

n an

d ca

re s

ervi

ces

to c

hild

ren

in

a w

ay th

at:

xen

cour

ages

chi

ldre

n to

exp

ress

them

selv

es a

nd th

eir

opin

ions

xal

low

s ch

ildre

n to

und

erta

ke e

xper

ienc

es th

at d

evel

op s

elf-

relia

nce

and

self-

este

em

xm

aint

ains

at a

ll tim

es th

e di

gnity

and

rig

hts

of e

ach

child

xgi

ves

each

chi

ld p

ositi

ve g

uida

nce

and

enco

urag

emen

t tow

ard

acce

ptab

le b

ehav

iour

xha

s re

gard

to th

e fa

mily

and

cul

tura

l val

ues,

age

, and

phy

sica

l and

inte

llect

ual d

evel

opm

ent a

nd a

bilit

ies

of e

ach

child

bei

ng e

duca

ted

and

care

d fo

r by

the

serv

ice.

• Th

e Ea

rly Y

ears

Lea

rnin

g Fr

amew

ork

(200

9)—

lear

ning

out

com

es:

xC

hild

ren

have

a s

tron

g se

nse

of id

entit

y

xC

hild

ren

are

conn

ecte

d w

ith a

nd c

ontr

ibut

e to

thei

r w

orld

xC

hild

ren

have

a s

tron

g se

nse

of w

ellb

eing

xC

hild

ren

are

confi

dent

and

invo

lved

lear

ners

x[p

arti

cula

rly]

Chi

ldre

n ar

e ef

fect

ive

com

mun

icat

ors

.


2. Freedom from violence, abuse and neglect:

Delivering safe environments and respect for the dignity of the child

- five-year-old boy from New South Wales


Action 2.1: supporting children’s services to consider and build their organisational capacity to become child safe and child friendly organisations.

Action 2.2: advocating that children’s services settings be free from harm.

Action 2.3: promoting a better understanding within children’s services of child protection issues, including the identification and support of vulnerable children, children at risk and linking at-risk children and families to appropriate supports, early intervention and other services and responses.

Action 2.4: improving interdisciplinary responses across education, health and social services to support vulnerable children and children at risk of violence, abuse and neglect.

Action 2.5: supporting professionals working with young children to build strong partnerships with families to provide a safe environment for their children.

I think that everyone should be safe.

- 10 year old child from South Australia


Free

do

m f

rom

vio

lenc

e, a

bus

e an

d n

egle

ct

Wha

t th

is m

eans

fo

r a

child

Wha

t th

is m

eans

fo

r a

pro

fess

iona

l w

ork

ing

with

yo

ung

chi

ldre

nW

hat

this

mea

ns f

or

EC

A a

nd t

he

Nat

iona

l Chi

ldre

n’s

Co

mm

issi

one

r

I will

:

• be

and

feel

saf

e no

mat

ter

whe

re I

am

• be

sup

port

ed a

nd p

rote

cted

by

the

peop

le in

my

life

from

vio

lenc

e, a

buse

an

d ne

glec

t

• be

con

sulte

d in

dec

isio

ns a

bout

wha

t is

best

for

me

• liv

e an

d gr

ow u

p sa

fely

• be

car

ed fo

r an

d ha

ve a

hom

e

• be

list

ened

to a

nd h

ave

my

conc

erns

he

ard,

resp

ecte

d an

d ac

ted

upon

.

I will

:

• de

velo

p m

y un

ders

tand

ing

of r

isk

and

prot

ectiv

e fa

ctor

s th

at c

ontr

ibut

e to

ch

ildre

n’s

safe

ty a

s w

ell a

s re

leva

nt

legi

slat

ion

and

mec

hani

sms

for

prot

ectin

g ch

ildre

n fro

m v

iole

nce,

abu

se a

nd n

egle

ct

• lis

ten

to c

hild

ren

and

reco

gnis

e an

d re

spon

d to

sig

ns o

f vio

lenc

e, a

buse

and

ne

glec

t

• pr

ovid

e ch

ildre

n w

ith o

ppor

tuni

ties

to r

aise

th

eir

conc

erns

abo

ut s

afet

y

• im

prov

e m

y un

ders

tand

ing

of e

ach

child

’s

fam

ily a

nd s

uppo

rt th

eir

conn

ectio

ns w

ith

rele

vant

loca

l ser

vice

s th

at s

uppo

rt s

afe

envi

ronm

ents

for

child

ren

• fa

cilit

ate

lear

ning

env

ironm

ents

that

fost

er

oppo

rtun

ities

for

all c

hild

ren

to e

xpre

ss

them

selv

es

• m

odel

resp

ectfu

l rel

atio

nshi

ps.

EC

A a

nd

th

e N

atio

nal

Ch

ildre

n’s

C

omm

issi

oner

will

:

• su

ppor

t org

anis

atio

ns p

rovi

ding

ser

vice

s fo

r yo

ung

child

ren,

to b

e ch

ild s

afe

and

child

frie

ndly

• pr

omot

e ap

prop

riate

str

ateg

ies

to s

uppo

rt

prof

essi

onal

s to

iden

tify

and

resp

ond

to

risk,

abu

se a

nd n

egle

ct

• ad

voca

te fo

r th

e pr

otec

tion

of a

ll ch

ildre

n fro

m v

iole

nce,

abu

se a

nd n

egle

ct.


Rel

evan

t A

rtic

les

and

Act

s

• U

NC

RC

Art

icle

s 18

, 33,

34,

37,

39—

Rig

ht to

pro

tect

ion.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Nat

iona

l Law

(201

0) S

ectio

n 16

6—an

app

rove

d pr

ovid

er, a

nom

inat

ed s

uper

viso

r, a

staf

f mem

ber

or

volu

ntee

r m

ust e

nsur

e th

at n

o ch

ild b

eing

edu

cate

d an

d ca

red

for

by th

e se

rvic

e is

sub

ject

ed to

:

xan

y fo

rm o

f cor

pora

l pun

ishm

ent

xan

y di

scip

line

that

is u

nrea

sona

ble

in th

e ci

rcum

stan

ces.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Nat

iona

l Law

(201

0) S

ectio

n 16

7—an

app

rove

d pr

ovid

er a

nd a

nom

inat

ed s

uper

viso

r of

an

educ

atio

n an

d ca

re s

ervi

ce m

ust e

nsur

e th

at e

very

reas

onab

le p

reca

utio

n is

take

n to

pro

tect

chi

ldre

n be

ing

educ

ated

and

car

ed fo

r by

the

serv

ice

from

ha

rm a

nd fr

om a

ny h

azar

d lik

ely

to c

ause

har

m.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Reg

ulat

ions

(201

1) S

ectio

n 84

—ed

ucat

ors

mus

t be

awar

e of

the

exis

tenc

e, a

pplic

atio

n an

d ob

ligat

ions

un

der

stat

e ba

sed

child

pro

tect

ion

law

s.

• Th

e Ea

rly Y

ears

Lea

rnin

g Fr

amew

ork

(200

9)—

lear

ning

out

com

es:

xC

hild

ren

have

a s

tron

g se

nse

of id

entit

y

xC

hild

ren

are

conn

ecte

d w

ith a

nd c

ontr

ibut

e to

thei

r w

orld

x[p

arti

cula

rly]

Chi

ldre

n ha

ve a

str

ong

sen

se o

f w

ellb

eing

xC

hild

ren

are

confi

dent

and

invo

lved

lear

ners

xC

hild

ren

are

effe

ctiv

e co

mm

unic

ator

s.

Free

do

m f

rom

vio

lenc

e, a

bus

e an

d n

egle

ct


3. The opportunity to thrive:

Safeguarding the health and wellbeing of all children in Australia, including building an effective early intervention and prevention system; with a focus on the most vulnerable children—along the lines of proportionate universalism

- three-year-old girl from South Australia


Action 3.1: recognising Aboriginal and Torres Strait Islander children as children indigenous to Australia.

Action 3.2: promoting and supporting cultural awareness training and the importance of connections with country with educators, children, families and community.

Action 3.3: advocating for a child’s right to access, participate and benefit from quality education as identified under the UNCRC.

Action 3.4: advocating for and supporting vulnerable children and children at risk to have priority of access to early childhood education and care services.

Action 3.5: supporting families to connect to professional services to maximise children’s opportunities.

Action 3.6: promoting and advocating for children to have play-based learning opportunities, leisure and rest.

Helping poor children have a good house and have food that is good to eat.

- four-year-old girl from Victoria


The

op

po

rtun

ity

to t

hriv

e

Wha

t th

is m

eans

fo

r a

child

Wha

t th

is m

eans

fo

r a

pro

fess

iona

l w

ork

ing

with

yo

ung

chi

ldre

nW

hat

this

mea

ns f

or

EC

A a

nd t

he

Nat

iona

l Chi

ldre

n’s

Co

mm

issi

one

r

I will

:

• be

reco

gnis

ed a

s a

succ

essf

ul, c

ompe

tent

an

d ca

pabl

e le

arne

r

• kn

ow th

at m

y fa

mily

and

my

valu

es, b

elie

fs,

cultu

re, r

elig

ion

and

valu

es a

re re

cogn

ised

an

d re

spec

ted

• be

sup

port

ed to

kno

w, e

njoy

, und

erst

and

and

expr

ess

my

cultu

re, r

elig

ion,

lang

uage

an

d be

liefs

• su

ppor

t my

enga

gem

ent i

n lif

elon

g le

arni

ng

• be

con

sulte

d in

dec

isio

ns a

bout

wha

t is

best

for

me

• ha

ve a

cces

s to

edu

catio

n, p

lay

and

cultu

ral

activ

ities

• be

giv

en th

e op

port

unity

, tim

e an

d sp

ace

to p

lay

and

rest

.

I will

:

• kn

ow, l

earn

and

und

erst

and

the

hist

ory

of

Aus

tral

ia’s

firs

t peo

ple

• le

arn

mor

e ab

out m

y cu

lture

and

the

cultu

res

of th

e ch

ildre

n an

d fa

milie

s w

ithin

m

y co

mm

unity

• co

mm

it to

ong

oing

pro

fess

iona

l de

velo

pmen

t on

cultu

ral a

war

enes

s an

d ap

prov

ed le

arni

ng fr

amew

orks

for

educ

atin

g ch

ildre

n ab

out c

ultu

re a

nd

dive

rsity

• va

lue

qual

ity re

sour

ces

that

info

rm m

y w

ork

with

chi

ldre

n an

d th

eir

fam

ilies

so th

at I

am

cultu

rally

sen

sitiv

e an

d re

spon

sive

• fa

cilit

ate

a le

arni

ng e

nviro

nmen

t tha

t will

prom

ote

oppo

rtun

ities

for

child

ren

to th

rive

and

exce

l

• pr

ovid

e ch

ildre

n w

ith in

form

atio

n re

leva

nt

to th

eir

day-

to-d

ay li

ves

in c

onsu

ltatio

n w

ith

fam

ilies

and

base

d on

the

child

’s e

volv

ing

capa

city

and

und

erst

andi

ng

• re

cogn

ise

child

ren’

s cu

rren

t cap

acity

and

ab

ilitie

s an

d su

ppor

t chi

ldre

n to

lear

n

• su

ppor

t, pr

omot

e an

d ad

voca

te fo

r th

e pr

ovis

ion

of p

lay-

base

d le

arni

ng

oppo

rtun

ities

for

child

ren

in e

arly

chi

ldho

od

educ

atio

n an

d ca

re s

ettin

gs.

EC

A a

nd

th

e N

atio

nal

Ch

ildre

n’s

C

omm

issi

oner

will

:

• en

gage

with

reco

gnis

ed n

atio

nal a

nd

inte

rnat

iona

l exp

erts

in th

e fie

ld o

f ch

ildre

n’s

right

s so

as

to k

eep

info

rmed

an

d up

-to-

date

of c

hang

es re

leva

nt to

the

early

chi

ldho

od e

duca

tion

and

care

sec

tor

• in

form

org

anis

atio

ns w

orki

ng w

ith y

oung

ch

ildre

n of

rele

vant

evi

denc

e-ba

sed

prac

tice

and

rese

arch

in re

latio

n to

ch

ildre

n’s

right

s.

EC

A w

ill:

• co

ntin

ue th

eir

com

mitm

ent t

o th

e R

econ

cilia

tion

Act

ion

Pla

n an

d pr

omot

e re

conc

iliatio

n ac

ross

the

early

chi

ldho

od

sect

or to

clo

se th

e ga

p in

out

com

es

for

Abo

rigin

al a

nd T

orre

s S

trai

t Isl

ande

r ch

ildre

n

• ad

voca

te fo

r ch

ildre

n to

be

give

n th

e op

port

unity

, tim

e an

d sp

ace

to p

lay

and

rest

.


Rel

evan

t A

rtic

les

and

Act

s

• U

NC

RC

Art

icle

s 4,

42—

A r

ight

to e

duca

tion.

• U

NC

RC

Art

icle

s 17

—A

rig

ht to

info

rmat

ion.

• U

NC

RC

Art

icle

5,1

8—R

ight

to fa

mily

.

• U

NC

RC

Art

icle

31—

Rig

ht to

pla

y, re

st a

nd le

isur

e.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Reg

ulat

ions

(201

1) S

ectio

n 73

, 74,

75

and

76—

prog

ram

min

g, a

sses

smen

t and

doc

umen

tatio

n be

im

plem

ente

d an

d de

liver

ed b

y su

itabl

y qu

alifi

ed e

duca

tors

to c

ontr

ibut

e to

the

lear

ning

out

com

es o

f eac

h ch

ild a

tten

ding

an

educ

atio

n an

d ca

re s

ervi

ce.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Reg

ulat

ions

(201

1) S

ectio

n 84

—ed

ucat

ors

mus

t be

awar

e of

the

exis

tenc

e, a

pplic

atio

n an

d ob

ligat

ions

un

der

stat

e ba

sed

child

pro

tect

ion

law

s.

• Th

e Ea

rly Y

ears

Lea

rnin

g Fr

amew

ork

(200

9)—

lear

ning

out

com

es:

xC

hild

ren

have

a s

tron

g se

nse

of id

entit

y

xC

hild

ren

are

conn

ecte

d w

ith a

nd c

ontr

ibut

e to

thei

r w

orld

xC

hild

ren

have

a s

tron

g se

nse

of w

ellb

eing

x[p

arti

cula

rly]

Chi

ldre

n ar

e co

nfid

ent

and

invo

lved

lear

ners

xC

hild

ren

are

effe

ctiv

e co

mm

unic

ator

s.


4. Engaged civics and citizenship:

Through education and awareness of children and the community about their rights and responsibilities in practical and meaningful ways

Life would be better for children and young people in Australia if we were all treated with equality and we were all treated fairly. Life would be better

if everyone learned the meaning of freedom

- 10 year old child from Victoria

- four-year-old girl from South Australia

The key priority areas for action identified by ECA and the National Children’s Commissioner that are specific to young children for 2015–2018 include:

Action 4.1: supporting educators to provide rights education in early childhood education and day-to-day practice.

Action 4.2: supporting professionals to provide children growing up in a digital world to engage in that world positively and to know about and develop basic skills in privacy preservation and internet safety.

Action 4.3: supporting professionals working with young children to recognise children as active citizens who have a role in contributing to their broader community whilst respecting and acknowledging each child’s evolving capacity.

Action 4.4: supporting professionals working with children to create environments that are free of bullying, both offline and online.


Eng

aged

civ

ics

and

cit

izen

ship

Wha

t th

is m

eans

fo

r a

child

Wha

t th

is m

eans

fo

r a

pro

fess

iona

l w

ork

ing

with

yo

ung

chi

ldre

nW

hat

this

mea

ns f

or

EC

A a

nd t

he

Nat

iona

l Chi

ldre

n’s

Co

mm

issi

one

r

I will

:

• be

info

rmed

abo

ut m

y rig

hts

and

resp

onsi

bilit

ies

as a

citi

zen

with

in m

y co

mm

unity

• be

pro

vide

d w

ith in

form

atio

n an

d su

ppor

t to

eng

age

in a

nd e

xerc

ise

my

civi

c rig

hts

and

resp

onsi

bilit

ies

• be

reco

gnis

ed a

s a

part

icip

ant i

n th

e di

gita

l wor

ld

• be

sup

port

ed to

acc

ess

the

info

rmat

ion

I nee

d to

be

safe

ly c

onne

cted

and

to

cont

ribut

e to

my

wor

ld

• be

ask

ed fo

r m

y co

nsen

t, an

d th

e co

nsen

t of m

y fa

mily

, whe

n sh

arin

g m

y pe

rson

al in

form

atio

n, in

clud

ing

my

imag

es

• ha

ve m

y pr

ivac

y pr

otec

ted

• kn

ow th

at m

y fa

mily

is re

cogn

ised

and

re

spec

ted

as h

avin

g th

e ke

y re

spon

sibi

lity

for

my

upbr

ingi

ng.

I will

:

• bu

ild m

y ca

paci

ty, s

kills

and

kno

wle

dge

of c

hild

ren’

s rig

hts

to e

nabl

e m

e to

im

plem

ent t

hese

in m

y da

y-to

-day

pr

actic

e

• su

ppor

t chi

ldre

n to

kno

w a

nd u

nder

stan

d th

eir

right

s an

d re

spon

sibi

litie

s

• ke

ep in

form

ed a

nd m

aint

ain

reso

urce

s th

at w

ill be

st s

uppo

rt c

hild

ren’

s le

arni

ng

on c

ivic

resp

onsi

bly

and

child

ren’

s rig

hts

• pr

ovid

e da

ily o

ppor

tuni

ties

for

child

ren

to

exer

cise

thei

r rig

hts

and

resp

onsi

bilit

ies

in th

eir

early

lear

ning

edu

catio

n an

d ca

re e

nviro

nmen

t, th

eir

fam

ily a

nd th

eir

com

mun

ity

• pr

ovid

e su

ppor

t to

child

ren,

and

thei

r fa

milie

s, to

pro

mot

e ch

ildre

n’s

priv

acy

and

pers

onal

saf

ety

part

icul

arly

in re

latio

n to

dig

ital t

echn

olog

y us

ed in

the

early

le

arni

ng e

nviro

nmen

t, se

rvic

es fo

r yo

ung

child

ren

and

at h

ome

• va

lue

and

resp

ect d

iver

sity

• re

spec

t rel

atio

nshi

ps.

EC

A a

nd

th

e N

atio

nal

Ch

ildre

n’s

C

omm

issi

oner

will

:

• pr

omot

e re

sour

ces

to s

uppo

rt c

hild

ren’

s rig

hts

educ

atio

n in

ear

ly c

hild

hood

and

w

ithin

the

com

mun

ity

• pr

omot

e an

d de

velo

p re

sour

ces

for

educ

ator

s, p

rofe

ssio

nals

wor

king

w

ith y

oung

chi

ldre

n, c

hild

ren

and

the

com

mun

ity to

pro

mot

e ch

ildre

n’s

pers

onal

sa

fety

, par

ticul

arly

in re

latio

n to

dig

ital

tech

nolo

gy

• su

ppor

t and

pro

mot

e th

e on

goin

g de

velo

pmen

t of n

atio

nal s

tand

ards

and

et

hics

in re

latio

n to

chi

ldre

n’s

right

s.


Rel

evan

t A

rtic

les

and

Act

s

• U

NC

RC

Art

icle

s 4,

42—

Rig

ht to

kno

w y

our

right

s.

• U

NC

RC

Art

icle

17—

A r

ight

to in

form

atio

n.

• U

NC

RC

Art

icle

s 5,

18—

Rig

ht to

fam

ily.

• U

NC

RC

Art

icle

18—

A r

ight

to p

rivac

y.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Reg

ulat

ions

(201

1) S

ectio

n 84

—ed

ucat

ors

mus

t be

awar

e of

the

exis

tenc

e, a

pplic

atio

n an

d ob

ligat

ions

un

der

stat

e ba

sed

child

pro

tect

ion

law

s.

• Th

e Ea

rly Y

ears

Lea

rnin

g Fr

amew

ork

(200

9)—

lear

ning

out

com

es:

xC

hild

ren

have

a s

tron

g se

nse

of id

entit

y

xC

hild

ren

are

conn

ecte

d w

ith a

nd c

ontr

ibut

e to

thei

r w

orld

xC

hild

ren

have

a s

tron

g se

nse

of w

ellb

eing

x[p

arti

cula

rly]

Chi

ldre

n ar

e co

nfid

ent

and

invo

lved

lear

ners

xC

hild

ren

are

effe

ctiv

e co

mm

unic

ator

s.

• N

atio

nal Q

ualit

y Fr

amew

ork

(201

2) S

tand

ard

3.3.

2—C

hild

ren

are

supp

orte

d to

bec

ome

envi

ronm

enta

lly re

spon

sibl

e an

d sh

ow re

spec

t for

th

e en

viro

nmen

t.

Eng

aged

civ

ics

and

cit

izen

ship


5. Action and accountability:

Taking action to collect comprehensive national data about child wellbeing, progress a national vision for children, and develop mechanisms by which children’s interests are systematically considered in law policy and practice development and review

Life would be better for children if the government made sure every child had all the rights. I think every child should have food and water

- an Australian child

- five-year-old boy from Victoria


Action 5.1: developing and supporting mechanisms to ethically contribute young children’s voices to national data sets, laws, policy and day-to-day practices with children.

Action 5.2: taking action to support the progress of a national vision for young children in Australia.


Act

ion

and

acc

oun

tab

ility

Wha

t th

is m

eans

fo

r a

child

Wha

t th

is m

eans

fo

r a

pro

fess

iona

l w

ork

ing

with

yo

ung

chi

ldre

nW

hat

this

mea

ns f

or

EC

A a

nd t

he

Nat

iona

l Chi

ldre

n’s

Co

mm

issi

one

r

I will

:

• be

info

rmed

abo

ut o

ppor

tuni

ties

to

cont

ribut

e to

dec

isio

ns, d

ebat

es a

nd

rese

arch

act

iviti

es

• be

info

rmed

abo

ut h

ow m

y co

ntrib

utio

ns

will

impa

ct o

n m

ysel

f, m

y fa

mily

and

my

com

mun

ity

• kn

ow th

at m

y co

ntrib

utio

ns a

re v

alue

d

• be

enc

oura

ged

to e

xpre

ss m

y vi

ews

and

opin

ions

and

kno

w th

at th

ese

view

s an

d op

inio

ns w

ill be

list

ened

to a

nd v

alue

d

• ha

ve a

say

abo

ut d

ecis

ions

affe

ctin

g m

e

• be

sup

port

ed to

acc

ess

the

info

rmat

ion

I nee

d to

be

safe

ly c

onne

cted

and

to

cont

ribut

e to

my

wor

ld

• be

ask

ed fo

r m

y co

nsen

t, an

d th

e co

nsen

t of m

y fa

mily

, whe

n sh

arin

g m

y pe

rson

al in

form

atio

n, in

clud

ing

my

imag

es

• ha

ve p

rivac

y.

I will

:

• bu

ild m

y kn

owle

dge

on h

ow to

eth

ical

ly

enga

ge w

ith y

oung

chi

ldre

n an

d sh

are

thei

r co

ntrib

utio

ns

• su

ppor

t chi

ldre

n to

hav

e th

eir

view

s,

expe

rienc

es a

nd a

chie

vem

ents

refle

cted

in

nat

iona

l dat

a se

ts

• ad

voca

te fo

r en

gagi

ng c

hild

ren

ethi

cally

in

dat

a co

llect

ion

proc

esse

s w

ith th

eir

ongo

ing

info

rmed

con

sent

• ta

ke a

crit

ical

ly re

flect

ive

stan

ce o

n m

y ow

n pr

ofes

sion

al p

ract

ices

with

chi

ldre

n an

d be

am

enab

le to

feed

back

.

EC

A a

nd

th

e N

atio

nal

Ch

ildre

n’s

C

omm

issi

oner

com

mit

to:

• pr

omot

e an

d de

velo

p re

sour

ces

to

supp

ort e

duca

tors

to e

thic

ally

eng

age

with

you

ng c

hild

ren

• et

hica

lly c

ontr

ibut

e yo

ung

child

ren’

s vo

ices

to th

e pu

blic

deb

ate

on is

sues

of

rele

vanc

e to

you

ng c

hild

ren

• pr

omot

e to

chi

ldre

n th

e av

aila

ble

aven

ues

for

child

ren

to m

ake

a co

mpl

aint

abo

ut

thei

r tr

eatm

ent

• pr

omot

e ch

ildre

n’s

right

to b

e in

volv

ed in

de

cisi

on m

akin

g an

d pu

blic

deb

ate

abou

t is

sues

of r

elev

ance

to th

em

• ad

voca

te fo

r et

hica

l nat

iona

l and

sta

te

base

d da

ta c

olle

ctio

n re

latin

g to

chi

ldre

n’s

view

s, e

xper

ienc

es a

nd o

pini

ons.


Rel

evan

t A

rtic

les

and

Act

s

• U

NC

RC

Art

icle

12—

Res

pect

for

the

view

s of

the

child

.

• U

NC

RC

Art

icle

13—

Rig

ht to

free

dom

of e

xpre

ssio

n.

• U

NC

RC

Art

icle

s 5,

18—

Rig

ht to

fam

ily.

• U

NC

RC

Art

icle

4, 4

2—R

ight

to k

now

you

r rig

hts.

• U

NC

RC

Art

icle

17—

A r

ight

to in

form

atio

n.

• U

NC

RC

Art

icle

18—

A r

ight

to p

rivac

y.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Nat

iona

l Law

(201

1) S

ectio

n 3—

child

ren

are

succ

essf

ul, c

ompe

tent

and

cap

able

lear

ners

.

• Ed

ucat

ion

and

Car

e S

ervi

ces

Nat

iona

l Reg

ulat

ions

(201

1) S

ectio

n 15

5— e

duca

tors

mus

t pro

vide

edu

catio

n an

d ca

re s

ervi

ces

to c

hild

ren

in a

way

that

:

xen

cour

ages

chi

ldre

n to

exp

ress

them

selv

es a

nd th

eir

opin

ions

xal

low

s ch

ildre

n to

und

erta

ke e

xper

ienc

es th

at d

evel

op s

elf-

relia

nce

and

self-

este

em

xm

aint

ains

at a

ll tim

es th

e di

gnity

and

rig

hts

of e

ach

child

xgi

ves

each

chi

ld p

ositi

ve g

uida

nce

and

enco

urag

emen

t tow

ard

acce

ptab

le b

ehav

iour

xha

s re

gard

to th

e fa

mily

and

cul

tura

l val

ues,

age

, and

phy

sica

l and

inte

llect

ual d

evel

opm

ent a

nd a

bilit

ies

of e

ach

child

bei

ng e

duca

ted

and

care

d fo

r by

the

serv

ice.

• Th

e Ea

rly Y

ears

Lea

rnin

g Fr

amew

ork

(200

9)—

lear

ning

out

com

es:

xC

hild

ren

have

a s

tron

g se

nse

of id

entit

y

x[p

arti

cula

rly]

Chi

ldre

n ar

e co

nnec

ted

wit

h an

d c

ont

rib

ute

to t

heir

wo

rld

xC

hild

ren

have

a s

tron

g se

nse

of w

ellb

eing

xC

hild

ren

are

confi

dent

and

invo

lved

lear

ners

xC

hild

ren

are

effe

ctiv

e co

mm

unic

ator

s.


Glossary

Educators: The Early Years Learning Framework (2009) describes educators as ‘early childhood practitioners who work directly with children in early childhood settings’ (DEEWR, p. 45).

Convention: A convention is an agreement between States (countries) covering particular matters, especially one less formal than a treaty.

Inclusion: The Early Years Learning Framework (2009) identifies that inclusion involves taking into account all children’s social, cultural and linguistic diversity (including learning styles, abilities, disabilities, gender, family circumstances and geographic location) in curriculum decision-making processes. The intent is to ensure that all children’s experiences are recognised and valued. The intent is also to ensure that all children have equitable access to resources and participation, and opportunities to demonstrate their learning and to value difference.

Family: Within this document the term ‘family’ is all encompassing and recognises that children may have different people who are their main care providers and are recognised by the child as their family. This may include parents, carers, grandparents, extended family.

Participation: Article 12 of the Convention on the Rights of the Child states that children have the right to participate in decision-making processes that may be relevant in their lives and to influence decisions taken in their regard—within the family, the school or the community. The principle affirms that children are full-fledged persons who have the right to express their views in all matters affecting them and requires that those views be heard and given due weight in accordance with the child’s age and maturity. It recognises the potential of children to enrich decision-making processes, to share perspectives and to participate as citizens and actors of change. The practical meaning of children’s right to participation must be considered in each and every matter concerning children.

Privacy: In this document privacy is intended to include consideration of children’s records and children’s personal information (verbal and written), children’s identity, photos and images being protected and kept safe. Privacy also includes adult and children’s consent being sought for the sharing of information. The Privacy Act 1988 defines privacy as ‘… information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable’. Common examples cited are an individual’s name, photo, commentary or opinion about a person.

Variations to the Education and Care Services National Law (2010)

Variations to the applied law include the Child Care Act 2001 (Tasmania) and the Education and Care Services National Law (Queensland) Act 2013 which do not specifically prohibit corporal punishment in schools or in Tasmanian childcare services (Holzer & Lamont, 2014).


References

Australian Human Rights Commission. (2013). Children’s rights report—National Children’s Commissioner. Sydney: Australian Human Rights Commission.

Child Rights Taskforce. (2011). Listen to children—Child rights NGO report Australia. Accessed 8 July, 2014, from www.childrights.org.au/__data/assets/pdf_file/0014/14405/Listening-to-children-Report-2011-colour.pdf.

Commonwealth of Australia. (1998). Privacy Act 1988.

Council of Australian Governments. (2009). National Framework for Protecting Australia’s Children 2009–2020. Accessed 8 July, 2014, from www.dss.gov.au/sites/default/files/documents/child_protection_framework.pdf.

Council of Australian Governments. (2009). Investing in the Early Years—A National Early Childhood Development Strategy 2009–2020. Accessed 8 July, 2014, from www.coag.gov.au/sites/default/files/national_ECD_strategy.pdf.

Department of Education, Employment and Workplace Relations (DEEWR). (2009). Belonging, being and becoming: The Early Years Learning Framework for Australia. Barton, ACT: Commonwealth of Australia.

Early Childhood Australia (ECA). (2006). ECA Code of Ethics. Deakin West: Early Childhood Australia.

Department of Education, Employment and Workplace Relations (DEEWR). (20011). My time, our place. Framework for school age care in Australia. Barton, ACT: Commonwealth of Australia.

Early Childhood Australia (ECA). (2012). ECA Reconciliation Action Plan. Deakin West: Early Childhood Australia.

Early Childhood Australia (ECA). (2014). Early Childhood Australia Strategic Plan 2014–2017. Deakin West: Early Childhood Australia.

Holzer, P., & Lamont, A. (2014). Corporal punishment: Key issues. Melbourne: Australian Institute of Families Studies.

United Nations Committee on the Rights of the Child, United Nations Children’s Fund and the Bernard van Leer Foundation. (2006). A Guide to General Comment 7: Implementing Child Rights in Early Childhood. The Netherlands: Bernard van Leer Foundation.

United Nations. (1989). United Nations Convention on the Rights of the Child. Geneva: UN.

United Nations Convention on the Rights of the Child. (2012). UN Committee on the Rights of the Child: Concluding Observations, Australia. Retrieved 19 November, 2014, from www2.ohchr.org/english/bodies/crc/docs/co/CRC_C_AUS_CO_4.pdf.


The development of Supporting young children’s rights: Statement of Intent was an initiative lead by the ECA Queensland Branch. The statement was developed through extensive focus group sessions as well as consultation and collaboration across the early childhood education and care sector. Thanks to the dedicated advisory group who volunteered their time to the development of Supporting young children’s rights: Statement of Intent:

• Megan Mitchell (Chair)

• Sam Page

• Lisa Palethorpe

• Emma King

• Nicole Parker

• Marie Stuart

• Dr Priscilla Seyfort

• Dr Kylie Smith

• Lisa Coulson

• Pat Jewell

• Amy Lamoin

• Professor Anne Smith

• Professor John Tobin

Special thanks to all those who offered their input and expertise through sector consultations and surveys.

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