„The will of a child is rubbish!“ The History and Current Questions of Children‘s Rights

„A child is meant to be seen and not heard!“ I. The history of Children‘s Rights – a general view 1. Children as objects – the centuries before the children‘s rights movement For many centuries the history of education was a history of violence. Children were comitted to strict obedience against their parents , and were seen as the property of their father legally. Corporal punishments were common (parental home, school, reformatories) Children were seen as not mature and as not ready, subordinated creatures what allowed adults to ignore the needs and wishes of the children. „A child is meant to be seen and not heard!“

History of Children’s RIghts „The mind of the child has to be kept in a cheerfull mood and educators have to avoid pampering, which makes touchy, angry and grumpy, as well as excessive harshness, which causes timidity and a slavish mind.“ Platon 2. The (modern) history of Children‘s Rights started in the era of enlightenmend. Pestalozzi Humboldt Fröbel Recognition of childhood as an independent period of life

Human right‘s declaration of the French Revolution (1789): „All men are born free and with equal rights and stay in this condition for their entire lifes“ (Art. 1) Claims to acknowledge specific needs of children. Claims to differentiate between the criminal law for adults and for adolescents.. restriction: Human rights were the rights of MEN! Alienation of labour (wage labour) and the development of nuclear families caused problems in child care (negligence because of work). Development of public welfare and legal protection as repressive.

progressive education 3. Roots of the Human Right´s Movement in the (late) 19th century Ellen Key Call for own rights for children. Criticism of the (authoritarian) school system and phsyical chaning. A child has to be respected as an own individual. It´s not the result of parental expectations. 1902: Proclamation of the 20th century as the Century of the Child. Janusz Korczak Testing of educational models like „child courts“ in orphanage. Basis for all: to have respect for the child. (Deported to Treblinka and killed togehter with 192 children in 1942) progressive education Critics on the mentality of depression and slavish obedience (Nazi-Education!). Promotion of own thinking, respect for each other + social learning.

Alexander S. Neill 1924 : Founding of Summerhill-residential school in Leiston, as the first democratic school of the world. Commitment to self-adjusting education that takes the children into consideration....their ideas and feelings. No compulsory education! Children had the possibility to overrule adults. Eglantyne Jebb Founder of the „Save the Children Fund“. (V. d. background was the unhappiness of many children of the postwar period.) 1923: First publishing of Declaration of the Child Right´s in the magazine „The World‘s Children“. Transmission of the document to the League of Nations in Geneva: „I´m sure of claiming special rights for children and that we have to work for the public admission of these rights.“

4. International conventions and national stay/responsibility 1924: Adoption of „Children‘s Charter“ by the League of Nations in Geneva (Declaration of Geneva). Without legal engagement Lost all legitimacy through the breakup of the League of Nations in 1946. 1945: Founding of UNESCO (Right to Education). 1946: Founding of UNICEF, to support the child victims of the 2nd World War. 1948: Universal Declaration of Human Right´s (Art. 25: Right to families of standard living support; Art. 26: Right to Education) With the founding of the UN Declaration of 1924 is formally waived. 1949: With coming into effect of the constitution of the Federal Republik of Germany, rights for children become binding (Art. 2: Free development of the individual; Art. 6: Protection of the family).

1959: On 20th September the general assembly of the United Nations adopted the Declaration of the Rights of a child. Precise rights like right to a name, citizenship and und gratis education. Legal basis is less binding than Declaration of Geneva. Ever since, the 20th September is the Day of the Child. 1979: International Year of the Child of UNO. 1989: Declaration of UN- Child Convention at the Day of the Child. Binding international law of nations, to advocate active for the welfare of a child. Conclusion and harmonisation of many children right´s documents according to international law in one basic document. Later added trough more protocols with topics about involvement of children in armed conflicts (protocol of children soliders) and trade, prostitution, pornographie of children (2002).

I. The history of Children‘s Rights – a general view Excursus 1: Democratic education on the basis of humanistic pedagogy Carl Rogers Charlotte Bühler Rudolf Dreikurs Basically children are equal humans! But children don´t have the same rights like adults. The responsibility of important decisions is still in the hands of adults (parents). Excursus 2: Pedagogical child rights movements John Holt Richard Farson Alice Miller Children and adults are hard-line seen as equal. In any case children have the right to make own decisions. Not only violence as educational instrument has to be refused, also each claim of education (Adults are no educators but„companions“).

I. The history of Children‘s Rights – a general view „In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration .“ (Art. 3 par. 1) 5. The rights to children according to the UN-Convention Food non-violental education Right to: Development of the individual Care Participation Protection of physical, mental, sexual violence Prevention of exploitation Expression of Opinion Education Freedom Protection of family Name + citizienship Despite of many international efforts it´s still not clear how the claimed or the specified rights can become real and can be controlled.

II. Current questions (and problems) of Children Right´s 1. General and basic problems: Many phrases of the Child Convention are formulated vaguely and can be interpreted in different ways. Particularly the rights to decision making of children (e.g. in terms of questions about their future) are not cleary settled. Children can´t sue for their own rights; the realisation of the convention is still in the responsibility of adults. The discussion of children right´s is primarly in expert groups, while the awareness of children rights topics in the public is still low. In politics of the day topics of children right´s are uncommon (you get less votes with this topics). Usually the discrimination of children right´s doesn´t cause consequences.

Trade with children (Prostitution and Pornography) 2. Concrete problem areas/ Sections of breach of children right´s : Genital mutilation Poverty of children Abuse of children Trade with children (Prostitution and Pornography) Child labour Child soliders

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