Children and young people have human rights, just like adults. They also have the right to special protection because of their vulnerability to exploitation and abuse. (About Children's Rights | Australian Human Rights Commission, 2018)
Reference | Australian Human Rights Commission, About Children's Rights, accessed 30/05/2024 https://humanrights.gov.au/our-work/childrens-rights/about-childrens-rights#:~:text=What%20are%20children's%20rights%3F,of%20the%20Child%20(CRC).
• Children and young people have the right to be safe.
• They have the right to their identity.
• They have the right to feel a sense of belonging, to be heard.
• They have the right to be cared for emotionally, physically and spiritually.
The first line of protection for children lies with their family, as this is where a child first experiences human interaction. More often than not this experience is characterised as positive with a child being raised in a nurturing and loving environment.
The United Nations Convention on the Rights of the Child, or UNCRC, is a special agreement made by governments from all around the world (including Australia) to ensure every child, no matter who they are, where they live or what they believe, has rights. The Convention is built upon the three hard P’s; provision, protection and participation .
Provision | This refers to sharing and distribution of resources and services, including the right to possess, receive or have access to certain resources and services. In an early childhood service, provision can be implemented by ensuring that children have access to a range of resources and services that support their learning and development. For example, providing a range of age-appropriate toys, books, and other learning materials, as well as nutritious meals and snacks, can help ensure that children have access to the resources they need to thrive.
Protection | This refers to safeguarding children from abuse, exploitation, and harmful substances. In an early childhood service, protection can be implemented by ensuring that children are safe and secure at all times. For example, ensuring that the environment is free from hazards, that children are supervised at all times, and that staff are trained to identify and respond to signs of abuse or neglect can help ensure that children are protected from harm.
Participation | This refers to listening to children’s views and respecting their evolving capacities. In an early childhood service, participation can be implemented by ensuring that children have opportunities to express their opinions and ideas, and that these are taken into account in decision-making processes. For example, involving children in planning activities, encouraging them to share their thoughts and feelings, and providing opportunities for them to make choices can help ensure that children feel valued and respected
The four key principles are;
Right to survival and development | State parties shall ensure to the maximum extent possible the survival and development of the child.
Best interests of the child | Children, especially when they are very young, are vulnerable and need special support to be able to enjoy their rights fully. The best interest of the child shall be a primary consideration in all actions concerning children.
Right to be heard | 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.
Non-discrimination | All children and young people should enjoy their rights and should never be subjected to any discrimination.
Reference | UNICEF Australia, What are child rights? accessed 30/05/2024, https://www.youtube.com/watch?v=V1BFLitBkco&t=36s
Reference | UNICEF Australia, United Nations Convention on the Rights of the Child, 2024, date accessed 30/05/2024 https://assets-us-01.kc-usercontent.com/99f113b4-e5f7-00d2-23c0-c83ca2e4cfa2/fc21b0e1-2a6c-43e7-84f9-7c6d88dcc18b/unicef-simplified-convention-child-rights.pdf
Within the United Nations Convention on the Rights of the Child (UNCRC), several articles specifically address child protection. For example Article 3, Article 6, Article 9, Article 18, Article 19, Article 20, Article 21, Article 32, Article 33, Article 34, Article 35, Article 36, Article 37 and Article 39. Have a read through these using the summary above and reflect how these rights of the child apply to this unit of competency.
The ECA Code of Ethics, developed by Early Childhood Australia, serves as a crucial framework that delineates appropriate and expected conduct for professionals working in early childhood education and care. Drawing inspiration from the United Nations Convention on the Rights of the Child (1991), this code reflects current pedagogical research and practice. It provides a foundation for critical reflection and guides the professional behaviour of those who work with or on behalf of children and families in early childhood settings
Reference | Early Childhood Australia, Early Childhood Australia - Code of Ethics, accesses 30/05/2024 https://www.earlychildhoodaustralia.org.au/wp-content/uploads/2019/08/ECA-COE-Brochure-web-2019.pdf
Each child has unique interests and strengths and the capacity to contribute to their communities: we can implement this principle by providing opportunities for children to explore their interests and strengths, and by encouraging them to share their ideas and perspectives with others. For example, educators can provide a range of learning experiences that cater to different interests and abilities, and can encourage children to work collaboratively on projects that reflect their interests.
Children are citizens from birth with civil, cultural, linguistic, social and economic rights: | we can implement this principle by ensuring that children’s rights are respected and upheld in all aspects of their work. For example, educators can ensure that children have access to resources and opportunities that support their learning and development, and can advocate for children’s rights in policy and practice.
Effective learning and teaching is characterised by professional decisions that draw on specialised knowledge and multiple perspectives: we can implement this principle by engaging in ongoing professional learning and development, and by seeking out diverse perspectives and experiences. For example, educators can attend professional development workshops and conferences, and can collaborate with colleagues from diverse backgrounds to gain new insights and perspectives.
Partnerships with families and communities support shared responsibility for children’s learning, development and wellbeing: we can implement this principle by building strong relationships with families and communities, and by working collaboratively to support children’s learning and development. For example, educators can involve families in decision-making processes, and can seek out community resources and partnerships to support children’s learning and development. Democratic, fair and inclusive practices promote equity and a strong sense of belonging: Early childhood professionals can implement this principle by creating inclusive learning environments that promote equity and belonging for all children. For example, educators can ensure that all children have access to resources and opportunities that support their learning and development, and can create learning environments that reflect the diversity of the children and families they serve.
Respectful, responsive and reciprocal relationships are central to children’s education and care: we can implement this principle by building strong relationships with children, and by responding to their needs and interests in a respectful and reciprocal manner. For example, educators can engage in active listening and communication with children, and can respond to their needs and interests in a timely and appropriate manner.
Play and leisure are essential for children’s learning, development and wellbeing: we can implement this principle by providing opportunities for children to engage in play and leisure activities that support their learning and development. For example, educators can provide a range of play-based learning experiences that cater to different interests and abilities, and can encourage children to engage in outdoor play and physical activity.
Research, inquiry and practice-based evidence inform quality education and care: we can implement this principle by engaging in ongoing research and inquiry, and by using evidence-based practices to inform their work. For example, educators can engage in action research projects to explore new approaches to teaching and learning, and can use data and evidence to inform decision-making processes
Our ethical responsibilities:
Making a Mandatory Report to the State/ Territory Statutory Reporting Body
Being alert to signs of children or young people at risk of harm
Being alert to note indicators of abuse in children or young people
Consulting with my supervisor and/ or manager when I am unsure of a situation with a child or young person
Reporting any ethical concerns that I notice
Empower children and young people who disclose
Respond professionally to children and young people
Ensure that boundaries do not become blurred and that the relationship I have with a child or young person remains in a professional context
Report any conflict of interests that might arise to my supervisor
Report to my supervisor anything that causes me concern regarding other children or young people in my care
Report to my supervisor anything that causes me concern regarding my colleagues and/ or the behaviour of a colleague
Locate, understand and follow service child protection policy
An ethical dilemma is a conflict between a person’s core personal values and professional values and their responsibility in a given situation.
When making decisions about reporting suspected child abuse:
Consult your service policies as well as seek your supervisor's advice (if applicable).
Contact the regulatory authority for your state if you are unsure. Go through your concerns with them.
Remember, that the safety, welfare and wellbeing of the child is paramount.
This means doing good and avoiding doing harm. It may include protecting the weak and vulnerable, and advocating for and defending their rights.
This means being fair and avoiding discrimination. It also means that rules of behaviour should be applied to all people equally. Being impartial and non-judgemental is a part of justice and equity.
This means treating everyone with respect for their rights, dignity and autonomy. Respecting others includes being truthful, honest and sincere.
To be accountable is to be responsible for your actions. Accountability also means that someone else can check to see if you have followed the rules when making a decision. This principle is linked to transparency, which means not making decisions in secret, showing you are following principles and rules, and being open and honest about your actions. You must also be able to explain and justify your actions and decisions with reference to relevant legislation, policies, procedures and guidelines
Confidentiality means not sharing information about someone without their knowledge and consent. This can be difficult in a child protection context because a child who discloses information about abuse or neglect might ask you not to tell anyone about it – but to keep the child safe, you will have to tell someone.
Breaching confidentiality is justifiable in the following circumstances:
In order to prevent harm to a person
When the information has been requested by a court
Professional boundaries refer to the limits and guidelines that define appropriate behavior and interactions within a professional context. These boundaries help maintain a respectful and ethical relationship between professionals and the individuals they serve. Professional boundaries in the context of working with children and young people, specifically in early childhood settings and schools, are the limits that define the appropriate and safe interactions between professionals (such as educators, teachers and their students or the children under their care). Here are some key points about professional boundaries:
Physical Boundaries: These relate to physical contact and personal space. Professionals should maintain appropriate physical distance and avoid any actions that could be perceived as invasive or inappropriate. For example, a therapist should not hug a client, and a teacher should maintain appropriate physical boundaries with students.
Emotional Boundaries: Emotional boundaries involve managing one’s own emotions and being aware of the emotional needs of others. Professionals should avoid becoming overly emotionally involved with children and families. Maintaining empathy without crossing into personal emotional attachment is essential.
Communication Boundaries: Effective communication is crucial, but professionals must be mindful of what information is shared and how it is conveyed. Confidentiality is a critical aspect of communication boundaries. Professionals should protect sensitive information and only share it with authorised parties.
Remember that maintaining professional boundaries ensures ethical practice, protects both professionals and those they serve, and contributes to a healthy and respectful working environment.
Professionals working with children and young people have a range of responsibilities and obligations as defined by their job specifications and the workplace, such as
reporting and documenting
protective factors
professional development
respect for diversity
privacy and confidentiality
collaboration and communication
ethical conduct