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Children Rights: An Analysis of Fundamental Rights and Their Importance

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Added on  2023/04/22

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This literature review analyses the fundamental rights of children and their importance in society. It discusses the United Nation Convention on the Rights of the Child and the different categories of children's rights. It also highlights the difference between children's rights and youth rights.

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Table of Contents
Introduction...........................................................................................................................................2
Literature Review..................................................................................................................................2
Summary and Critical Analysis.............................................................................................................6
Conclusion.............................................................................................................................................7
References.............................................................................................................................................9
Appendices..........................................................................................................................................12
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Introduction
Children rights refer to the human rights which are considered important and applicable to
every child irrespective of the children/parent’s age, race, sex, and status. These rights are
vital or important as it has been analysed that children below the age of 18 years need special
care. The human rights of the children are vital as they have opportunity to express their ideas
freely and be heard in the legal proceeding which hurts them. The United Nation Convention
on the Rights of the Child, commonly termed as CRC or UNCRC, is defined as the treaty of
human rights which sets out different rights of children. These rights consist of cultural,
political, civil, social, economic, and others. It helps children to raise their voice and share
their ideas and information, and also the right to choose their religion and think in any
direction. These rights or laws has been established to help reduce the torture and crime rates
against children in the society, and encourages them to raise their concerns against any abuse
or exploitation. The above mentioned discussion relates and implies about their fundamental
right to freedom and rights to protection. They have the right to be protected from any kind of
abuse, neglect, or exploitation; which further leads to an improvement in the social conduct
of the people. Children have these rights and they desrve to achieve all their dreams and
attain higher personal development throughout life. Thus, it has been analysed that they
possess to enjoy a high standard of living in order to fulfil their basic physical and mental
needs.
Literature Review
According to (Gillett-Swan & Coppock, 2016), it has been analysed that the aspect of
children rights has gained wide importance around the globe. They have human rights in
consideration to different areas such as education, information, or participation in the events.
It is suggested that the views, ideas or concerns of children’s must be heard and supported
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rather rather than just assuming what is best or suitable for them. Thus, children’s should be
given opportunities so that they can think critically and develop their own strategies and
attain self-resilience to deal with different risks in life. The rights for children are considered
as a human right that is considered with the overall protection and care of minors (Gillett-
Swan & Coppock, 2016). They have the right to be associated with both parents, even if they
are separated. The convention has obliged the parents of the children to undertake their
parental responsibilities, for their children’s need of physical protection, food, education,
health and so on.
In the views of (Ozdowsk, 2019), children and right can be elaborated in three different
categories that are provision, protection and participation. The right to provision means that
children have the right to have an adequate standard of living, health care and education, and
also the right to select the access of schooling (Lupton & Williamson, 2017). He states that
they have the right to protection to raise their voice against any abuse, discrimination,
neglect, or exploitation. Thus, government authorities must take initiatives or necessary steps
to create a secure and a safe place. Children’s also have the right to participate in
communities and programs by getting involved in the decision making and other youth
activities (Miles & Stephenson, 2017). Children can also participate in economic, social, and
cultural needs to fulfil their basic needs like food, shelter, education, and healthcare.
In the opinion of (Pells & Morrow, 2016), there exist a difference between children’s right
and youth rights. There is a basic difference as children’s are not allowed to marry, get
engaged in paid employment and get enforced to take part in freedom activities. There are
various rights for children but they are not aware of it, such as the right to non-discrimination,
no matter if a child is poor or sick they cannot be questioned on race or sexuality. They have
the right to raise their voice so that they are treated equally by people within society (Lauren,
Georgina, Lilly & Keltie, 2019). It has been determined that their lives must not be subjected

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to excessive interference, and they should be given due respect and protection at different
stages of life. They have the right to take parental guidance by allowing parents to direct and
guide them by making them aware about their fundamental rights (United Nations Rights,
2019). They also have the right to live with their parents or remain separated and to express
their ideas or concerns which is considered a part of the ‘Right to participation’.
According to (Roberts, 2017), children might not fulfil the age criteria in various things but
they have right in many ways. These rights help to encompass, children gain civil rights, and
perform several activities in different fields, and these rights are based on various digital
practices. Children have the right to access to digital media that helps in developing world,
along with the right to keep their information private and also they possess the right to
survival (Wyness, 2016). They also have the right to development in context to acquiring
appropriate education, care, learn new things, and relax through any kind of recreation or
cultural activities. It is true that children face many obstacles in their school and other public
places but they are unable to raise their voice. Therefore, it is assumed that formulation of
these rights is defined so that they can participate in society to take their responsibility in
future (United Nations Rights, 2019).
According to (Lievens, Livingstone, McLaughlin, O’Neill & Verdoodt, 2018), there are four
basic general principles that underpin children rights. The right to survival and development
is important as it ensures the access to services and equality in opportunities. They have the
right to non-discrimination against all situations so that every child gets equally treated by
others (Freeman, 2018). They have the right to view the voice of every child so that they gain
respect in his or her insights. Moreover, they have right to recognize fundamental guarantees
to maintain their dignity and importance in the society (Western Sydney, 2019). Each child
living in the society has an equal opportunity to grow and develop as an individual, and earn
high success. They have the right to survive, develop, and protect the decision and right to
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express their views freely to avoid any discrimination. All the articles of children and rights
are linked fewer than four headings that is right to survival, right to development, right to
protection and right to participation. They have the right to survive as they had the right to be
born, under any family background. Under the heading of right to development, there comes
right to education that says every child up to age of 14 have free education facilities
(Freeman, 2018). They can raise their voice for child labour and protection in case of any
issues in health and other sectors.
In the views of (Liebel, 2015), the article states that children right are important as they have
the right to survive to improve their health, and wellbeing in every aspect. They have the
right to develop potential in all the situations. The parameter of right to survival and
development means the importance of accessing the services equally. The right for children
emphasizes on the fact that they must have a say within society and their access should be
ensured (Invernizzi, 2016). Apart from that, ways should be defined so that they can promote
their voice. The right for children is the core development for the society as it removes
discrimination and fosters equality and importance to every individual.
In the view of (Jager, 2016), children and their rights is considered as the fundamental
freedom of human rights. These rights are applicable for every child below the age of 18
irrespective of their caste, colour and creed (Invernizzi, 2016). To offer adequate standard of
living every child should get same rights and opportunities in every aspect of life. The right
to children are broadly classified as the right to survival, development, participation and
protection.
Some of the four basic rights also include the rights of children to their survival leading to an
assurance regarding access to adequate nutrition and quality healthcare services. They also
have the right to development to educate, care and select a path for learning. They have the
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right to express their ideas and share information about any topic (Daly, Ruxton &
Schuurman, 2015). These principles influence or motivates the children in different aspects
so that they can take part in all the events, and activities.
In the views of (Hartung, 2017), there are various issues that are faced by children like about
their privacy and protection of data. Every child has the right to get universal education so
that they can raise the concern if someone is stopping them to get educated. They also have
the right to get universal healthcare services and ensure wellbeing in the ways they want. The
most important thing is they have right to get basic liberty and find ways to express their
thoughts and expression. The constitution guarantees the provision to get educated and take
part in health care sector. They should be offered with the guiding principal in whom they get
the right to live their life in their own way and should protect children for their rights. Thus, it
is important to have a proper channel of communication or medium through which children
can express their opinion (Daly, Ruxton & Schuurman, 2015). The most significant rights for
children cover the social and cultural rights that eliminate all the discrimination. It helps in
fulfilling their obligations and providing help to children in specializing their human rights by
implementing different laws.
From the views of (Bartlett, Hart, Satterthwaite, de la Barra & Missair, 2016), it was said
that every child have special rights which defines or considers their desire to be recognized
and protected. All the children, irrespective of their age, caste and colour should be given
equal rights, and their family is the one who should guide children’s about their necessity.
They have the right to eat healthy food and eight to study in any school under any course
(Lievens, Livingstone, McLaughlin, O’Neill & Verdoodt, 2018). They have the right to
undertake treatment in case of pain. They deserve the care from their parents or anyone they
live with. There are legal laws designed with the motive that child cannot be mistreated or
disrespected in any respect within society. They can grow in any direction and fulfil their

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passion and have the right to share and express their ideas in the public (Hartung, 2017).
They should be treated fairly among everyone; they should not be discriminated on any
behalf. They can choose their own language and have the right to keep their things
confidential. Thus it can be said that children rights are the set of legal norms that is
developed for the protection and care of them.
Summary and Critical Analysis
It has become the need of the era to train children about their legal rights. With the increase
amount of crimes in the society, it has become important for children to exercise their rights
and have adequate knowledge about it as well. With the changing environment, the minds of
children have also become diversified which is more prone to the adversities of the
environment. After getting knowledge of their boundaries, children will attain the power to
choose the best path for their future growth and development. However, it is critical to give
so much power to the children because they have small, self-centred mind. Summarising the
above mentioned literature review, it should be noted that that the review presented
information about the rights of children present in the environment and the importance of
these rights in their standard living. The statement presented by Gillett-Swan & Coppock,
2016 explained that the time has come where the children look themselves that what is best
for them rather than listening to their family and peers. However, critically reviewing this
statement, it should be noted that according to law minor is not given complete rights to take
decisions of life because they are immature and do not hold the capacity to take right
decision. So, giving them major rights can be alarming for the children only. It should be
noted that both parents and human needs of physical protection, food, universal education,
health sector protection, and criminal laws should be provided to the children with proper
guidance. Further, the review elaborates the rights of children under three categories that are
provision, protection and participation (Western Sydney, 2019). These best and appropriate
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rights should be provided to all the children worldwide because these rights form a part of
their basic needs and help them in diversifying their minds as well. In addition, there is a
difference between children rights and youth rights as the number of rights increases when a
child becomes a youth. An individual who is under the age of 18 years can enjoy the children
rights present in the society and ensure their wellness (Portia, Patricia, Shulamite, and Leticia
2015).
Conclusion
From the above discussion and presented literature review on the aspect of rights of children
it has been analysed that every child below the age of 18 years is entitled with some
fundamental rights in any circumstance. Convention has provided four core principles, which
includes non-discrimination, devotion to the betterment of child; right to life, survival and
development, and respect for their views. They have the right to use different resources and
skills for their personal development and growth in future. The report in the above sections
has demonstrated well about the protection of children from different forms of abuse,
exploitation, or violence in the society. Thus some of the steps through which child rights can
be integrated in the development cooperation is identifying and analysing the barriers and
bottlenecks. In this report various rights of the child are stated enclosing civil, cultural,
political, economic, and social rights. Hence, it has been concluded that children have the
right to live and get their name names legally registered, which further reduces the rates of
crimes, leading to equality within society and country.
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References
Bartlett, S., Hart, R., Satterthwaite, D., de la Barra, X., & Missair, A. (2016). Cities for
children: children's rights, poverty and urban management. Routledge.
Daly, A., Ruxton, S., & Schuurman, M. (2015). Challenges to Children's Rights Today: What
Do Children Think?. Daly A. et al., Challenges to Children’s Rights Today: What do
Children Think.
Freeman, M. (Ed.). (2018). Children's Rights: New Issues, New Themes, New Perspectives.
BRILL.
Gillett-Swan, J., & Coppock, V. (Eds.). (2016, March). Children’s Rights, Educational
Research and the UNCRC. Symposium Books Ltd.
Hartung, C. (2017). Citizenship, Rights and All Things Nice: Key Discourses Underpinning
Children and Young People’s Participation. In Conditional Citizens (pp. 11-28).
Springer, Singapore.
Invernizzi, A. (2016). Introduction Human Rights of Children: From Visions to
Implementation?. In The Human Rights of Children (pp. 19-38). Routledge.
Jager, J. (2016). The inclusion of disadvantaged children in preschool programs: The
children’s rights and social responsibility. Zbornik Instituta za pedagoska
istrazivanja, 48(1), 147-163.
Lauren, D., Georgina, T., Lilly, M., & Keltie, S. (2019). Children's Rights in the Digital Age
- Institute for Culture and Society - University of Western Sydney. Retrieved from
https://www.westernsydney.edu.au/ics/research/impact/childrens_rights_in_the_digita
l_age

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Liebel, M. (2015). Protecting the rights of working children instead of banning child
labour. The International Journal of Children's Rights, 23(3), 529-547.
Lievens, E., Livingstone, S., McLaughlin, S., O’Neill, B., & Verdoodt, V. (2018). Children’s
rights and digital technologies. International Human Rights of Children, 1-27.
Lupton, D., & Williamson, B. (2017). The datafied child: The dataveillance of children and
implications for their rights. New Media & Society, 19(5), 780-794.
Miles, G., & Stephenson, P. (2017). Children, Spirituality, Human Rights and Spiritual
Abuse. In ‘Children Out of Place’and Human Rights (pp. 197-210). Springer, Cham.
Ozdowsk, S. (2019). An Absence of Human Rights: Children in Detention | Western Sydney
University. Retrieved from
https://www.westernsydney.edu.au/equity_diversity/equity_and_diversity/
tools_and_resources/speeches_-and-_articles_by_dr_sev_ozdowski/
an_absence_of_human_rights_children_in_detention
Pells, K., & Morrow, V. (2016). Sociological Approaches to Children’s Rights. In Handbook
of Children's Rights (pp. 136-153). Routledge.
Portia, A., Patricia, A. Shulamite, A., and Leticia B. E. (2015). Report on a Survey on Child
Rights. University of Ghana. Retrieved from <
https://archive.crin.org/sites/default/files/final_fin.pdf>
Roberts, H. (2017). Listening to children: And hearing them. In Research with children (pp.
154-171). Routledge.
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Tisdall, E. K. M., & Davis, J. M. (2015). Children’s Rights and Weil-Being: Tensions within
the Children and Young People (Scotland) Act 2014. In Enhancing Children’s
Rights (pp. 214-227). Palgrave Macmillan, London.
United Nations Rights of the Child in the digital age | Western Sydney University. (2019).
Retrieved from
https://www.westernsydney.edu.au/newscentre/news_centre/story_archive/2014/
un_rights_of_the_child_in_the_digital_age
Western Sydney, (2019). Retrieved from
https://www.westernsydney.edu.au/__data/assets/pdf_file/0009/761823/
ICS_Seminar_Series_Amanda_Third.pdf
Wyness, M. (2016). Childhood, human rights and adversity: The case of children and military
conflict. Children & Society, 30(5), 345-355.
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Appendices
Research Article 1
(Selected from an Assessment 3 topic folder)
Reference (APA style) 16 References APA Style
Research Paradigm Qualitative Research
Project Aim / Purpose The sim of the research project is to enlighten the reader about the
rights connected with children and importance of these rights in their
living.
Key Research Question/s 1. What are children rights?
2. Are children aware of these rights?
3. What are the resources to find information about these
rights?
Methodology & Methods Various research papers along with law books have been used and
evaluated to attain accurate information about the paper. Qualitative
research has been organized to attain evidence. Papers like Human
Rights of Children and Journal Of Children Rights have been used
as a source in the paper.
Participants The participants were taken from the survey of paper REPORT ON
A SURVEY ON CHILD RIGHTS. On the basis of this paper, the
participants were taken randomly from the schools, streets etc.
present in Madina Community
Construction of children
(including ethical considerations,
children’s voice, positioning of
children and power
relationships, and structural
influences)
Around 140 respondents were taken for the analysis considering
their age, religion, relationship with parents etc.
Results / Outcomes The results appeared positive stating that more than 90% of
respondent knew that human being have rights. However, very few
people around 20% knew the actual meaning of human rights and
any resource that can explain them their rights.

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Strengths & Limitations The strength of the survey was that it helped in understanding a fair
view of children on their rights and responsibilities in environment.
However, limitation was that the researcher was unable to
understand the answers given by children as there were lot of
spelling mistakes and some children were unable to understand the
meaning of questions as well.
1 out of 14
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