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What Rights Specifically Apply to Children With SEN & D Under the UN Convention on the Rights of the Child (UNCRC)?

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The UNCRC has 54 articles altogether. Articles 2, 3, 12, 18, 23, 29 and 31 are particularly relevant to children with special educational needs or disabilities.

These articles define what discrimination looks like under the law and the inclusive provision children and young people must receive from educational establishments.

Every action you take must be in the best interests of the child or young person and they must be involved in decisions relating to their own lives and have their views listened to and taken seriously.

The child or young person and their family are at the centre of all SEND practice.

Article 2 (non-discrimination)

Article 2 states that all children have the rights laid out in the UNCRC and they must not be discriminated against, either directly or indirectly, whatever their abilities, ethnicity, family background,language, religion, sex or opinions.

Direct discrimination is when someone is explicitly treated unequally e.g. they are excluded from a particular setting due to their disability.

Indirect discrimination is when there is a rule that applies to everybody but this rule has a detrimental effect on some people. For example, if there is a rule that no transport would be provided for children to attend a club this might prevent somebody with a disability from attending.

Article 3 (best interests of the child)

All adults (parents, guardians, early years practitioners, teachers,those in government etc.) must prioritise children’s best interests when making decisions and carrying out actions that affect them - this includes when making laws. They should make sure children are protected and cared for and consider what’s best for children in their day-to-day lives.

Those who provide services to children should be regularly and thoroughly monitored to ensure they are working in children’s best interests.

Article 12 (child’s right to be listened to and taken seriously)

Every child has the right to express their views, feelings and wishes in all matters affecting them and to have their views considered and taken seriously. This right applies at all times. If children with disabilities need special materials in order to be able to express and communicate their views then these should be produced and provided.

Article 18 (parental responsibilities and state assistance)

Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must assist parents by providing the help they need to raise their children and create support services for children.

Article 23 (a child with a disability has the right to be happy and safe)

A disability should not get in the way of a child living a happy and safe life.  All children should be able to take part in activities,feel including in educational settings, receive special care if needed, and be able to make choices about their own life.

Article 29 (the right to a fulfilling, effective education)

Education must develop every child’s personality, abilities and talents to the full. It must encourage children’s respect for human rights, aswell as respect for their parents, their own and other cultures, and the environment.

Article 31 (leisure, play and culture)

Every child has the right to relax, play, and take part in a wide range of cultural and artistic activities and also the right to rest!

Next time…

In the next of our ‘SEND legislation lowdown’ series we will focus on The United Nations Convention on the Rights of People with Disabilities (CRPD).