In two days, most of the world will observe Children’s Day. This day commemorates the anniversary of the Convention on the Rights of the Child.
Children’s Day is observed in T&T as we are one of the 196 countries that have ratified this convention. Notably, it is the most widely ratified human rights treaty in history.
The theme this year is “My Day, My Rights.” In selecting this theme, the United Nations hopes to encourage stakeholders to listen to the voices of children, to understand their lives, and to evaluate the impact—or lack thereof—of their rights on a day-to-day basis. This is based on the belief that children’s opinions matter and should be heard, considered, and supported.
But how is Children’s Day really observed in our country? Parents who are aware of the day, or who are sufficiently reminded by their children, often purchase gifts as tokens of love and affection. Schools distribute treats, and PTAs rush to provide their own tokens.
The day has been reduced to one of materialistic gestures, much like many other holidays or observances. The deeper meaning and significance of the day is not truly understood or appreciated. In primary schools, children are taught only the most basic rights—the right to a name, a family, and an education. Little more is done to ensure those rights are supported and protected as the Convention envisioned.
We live in a democratic society, where decision-making and participation are extended to citizens. However, children are not usually afforded the same decision-making and participatory powers as adults, despite being members of democratic states. The convention recognises a child’s right to participation, one of several rights not all children enjoy. Article 12 of the Convention states:
Article 12(1): Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with age and maturity.
Article 12(2): For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Let us consider our education system. Secondary schools may be slightly ahead, as many allow the formation of a student council, which in theory gives students the opportunity to express their opinions. This allows children the right of participation, one of the rights enshrined in the convention.
Primary school children, however, have no such opportunities. Their voices are often suppressed, as expressing contrary opinions can be seen as indiscipline. There are very few interactive clubs, no student councils, and little opportunity to provide input on their day-to-day school life.
Adults may be surprised to discover that children often have insightful opinions about their schools, activities, and learning environments. For instance, in October of this year, a denominational school faced discontent from students over the observance of a religious festival that did not align with the school’s beliefs.
While the school board had its stance, it is unclear whether the children’s rights to participation, expression, and belief were upheld—or whether the board’s decisions overrode those rights.
These rights extend beyond schools. Article 12 also considers a child’s right to be heard in court in matters affecting them. In the British case RE A (Letter to a Young Person), a 14-year-old named Sam was able to give directions to his lawyer and provide evidence regarding whether he wanted to move to another country with his father.
The court ultimately denied the request, but the judge delivered the decision in a letter that Sam could understand, reflecting the importance of considering the child’s perspective. In T&T, judges sometimes hear children’s opinions off camera, but not as often as one would hope.
Another Children’s Day is approaching. Gifts will be bought, lest children feel unloved, but little will be done to further their rights. Their voices will go unheard, and their opinions unvoiced. Perhaps this year, we can make a small change: ask children what they would change in school to make learning more interesting—and then actually listen. Maybe, just maybe, we will finally hear their voices.
