GUIDANCE: UNITED NATIONS CONVENTION RIGHTS OF THE CHILD (UNCRC)

The United Nations Convention on the Rights of the Child (UNCRC) is the most widely ratified human rights treaty in history, adopted in 1989. It sets out the civil, political, economic, social, and cultural rights of every child, regardless of background or circumstance .

Here’s a concise breakdown of key rights under the UNCRC:

🌍 Core Principles #

• Non-discrimination (Article 2): Every child has rights, regardless of race, gender, disability, or background.
• Best interests of the child (Article 3): Must be a primary consideration in all decisions affecting children.
• Right to life, survival, and development (Article 6): Governments must ensure children thrive physically, emotionally, and intellectually.
• Respect for the child’s views (Article 12): Children have the right to express their views and be heard in matters affecting them.

🏠 Family and Identity #

• Parental guidance (Article 5): Parents and carers have a role in guiding children as they grow.
• Birth registration and identity (Articles 7–8): Every child has the right to a name, nationality, and family ties.
• Protection from unlawful separation (Article 9): Children should not be separated from parents unless it’s in their best interest.

📚 Protection and Participation #

• Protection from abuse and neglect (Article 19): Governments must safeguard children from harm.
• Education (Articles 28–29): Every child has the right to education that develops their personality and talents.
• Freedom of expression and association (Articles 13–15): Children can share opinions and join groups.

🌐 Global Safeguards #

• Protection from exploitation (Articles 32–36): Includes child labour, trafficking, and sexual abuse.
• Special protection in armed conflict (Optional Protocol): Children must not be recruited into armed forces.

Connecting the dots between the UNCRC and UK statutory duties

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UNCRC Rights Mapped to UK Statutory Duties #

UNCRC Article	Right	UK Statutory Duty / Framework
Article 2	Non-discrimination	Equality Act 2010 – prohibits discrimination based on disability, race, gender, etc. Applies to schools, LAs, and public bodies.
Article 3	Best interests of the child	Children Act 1989 & 2004 – welfare of the child is paramount in all decisions. Also reflected in SEND Code of Practice.
Article 6	Right to life, survival, and development	Section 17 Children Act 1989 – duty to safeguard and promote welfare; SEND Code mandates developmental support.
Article 12	Right to be heard	SEND Code of Practice (2015) – children’s views must be considered in EHCPs and reviews; Education Act 1996 supports pupil voice.
Article 19	Protection from abuse and neglect	Working Together to Safeguard Children (2018) – statutory guidance for inter-agency safeguarding.
Articles 28–29	Right to education	Education Act 1996 & Children and Families Act 2014 – duty to secure suitable education and provision via EHCPs.
Articles 7–8	Birth registration and identity	Births and Deaths Registration Act 1953 – legal identity; Children Act 1989 – right to family life.
Articles 13–15	Freedom of expression and association	Human Rights Act 1998 – protects freedom of expression and assembly, applicable to children.
Articles 32–36	Protection from exploitation	Modern Slavery Act 2015 & Safeguarding frameworks – duties to prevent exploitation and trafficking.

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How You Can Use This #

• Tribunal Prep: Cite UNCRC alongside domestic law to reinforce rights-based arguments.
• Template Building: Embed UNCRC references into statutory request templates for EHCPs, complaints, or access refusals.
• School Meetings: Reference Article 12 and domestic equivalents to assert your childs right to be heard, and yours to support them.

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