The ethics of children’s participation: Fundamental to children’s rights realization in Africa
Summary (3 min read)
8 International Social Work 56(1)
- This article proposes an ethical framework that will ensure children’s participation is facilitated in a manner consistent with children’s rights.
- The framework was developed within the context of international and continental human rights treaties, global commitments and declarations on the rights of children, and legal provisions within South African legislation.
- An overview of children’s participation as a fundamental right safeguarded in international conventions, African treaties and South African legislation will be presented.
- It also undertakes to ensure a high level of participation for all citizens, including children, in order to achieve the Millennium Development Goals.
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- African Charter on the Rights and Welfare of the Child (African Union, 1990), which includes non-discrimination; the best interests of the child; survival and development; respect for children’s views and supporting African unity.
- South Africa’s rich and progressive legislative framework supports children’s participation as a right, provided for either directly or by implication in the Bill of Rights (Chapter 2) of the South African Constitution (RSA, 1996a).
- Legal interpretation is complex and the Bill of Rights in particular has both a direct (actual rights in the Bill of Rights) and indirect (values that must be respected in the interpretation of law) application (Currie and De Waal, 2005).
- The National Health Act 61 of 2003 (RSA, 2003) also recognizes the importance of children’s participation.
- It also stipulates that research or experimentation, whether for therapeutic or non-therapeutic purposes, may only be conducted under certain conditions, one of which is the obtaining of consent from a minor who is capable of understanding.
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- Perceptions based on stereotypes, culture and biological predispositions that are used as a basis for discrimination.
- 837–9), children’s participation ‘demands a shift from a paternalistic approach to one where children are seen as stakeholders in decisions with a right to have the same input rather than merely being the object of concern or the subject of the decision’, also known as According to Cashmore (2002.
- Martin (2000) confirms that children should no longer be content with being treated as second-class citizens and that society and the law must accept children as rights-bearing national and global citizens.
- Adult society’s construction of childhood, across the African continent and the world, directly affects children’s ability to claim and exercise their right to participation.
- Children’s right to participation, without society’s perceptions of childhood influencing the quality of meaningful participation, must be protected within an ethical framework.
Ethics in children’s participation
- ‘Ethics’ refers fundamentally to the principles that are expected to underlie the right conduct in general or specific contexts (Thomas and Pierson, 1995).
- These principles were further explored and refined in an empirical study (Viviers, 2010). at University of Pretoria on March 30, 2014isw.sagepub.comDownloaded from.
Research methods
- The research followed a qualitative approach (Leedy and Ormrod, 2010).
- It employed an instrumental case study, which facilitated a better understanding of the theories underpinning children’s participation as a social issue, and the ethical considerations that are paramount in children’s participation processes (Fouché and Schurink, 2011).
- As this study included child respondents, due consideration was given to all relevant ethical aspects (Strydom, 2011).
- Data were collected through one-on-one semi-structured interviews from a sample of seven South African adult experts.
- Transcripts of the interviews and focus group discussions were systematically analysed to identify themes and patterns in the data (Babbie, 2009; De Vos, 2011).
An ethical framework for children’s participation
- The empirical study provided critical perspectives from adult experts and child respondents on the important principles that guide ethical children’s participation.
- The views of both groups were generally similar, with a few exceptions, which emerged as themes that were analysed based on recurring appearances (Viviers, 2010).
- Children’s views are important; children’s participation is empowering and developmental for children; an enabling environment is important for children; children must be respected as active stakeholders in children’s participation; children’s participation is a process; and the role that adults assume in the children’s participation process is important (Viviers, 2010), also known as Six main themes emerged.
- A synthesis between the crystallized principles of children’s participation in the literature and the empirical findings of the study provided a framework for the ethical principles intended to direct conduct in children’s participation (Viviers, 2010).
- Ethical principle refers to a rule or code of conduct or law as the basis for reasoning or action (see Concise Oxford Dictionary, 1996; Merriam-Webster Online Dictionary, 2011).
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- The first principle identifies children’s participation as a right safeguarded by relevant international conventions and domestic legislation.
- The second principle is respect for children’s views and input.
- I might know things that they don’t know’.
- In the words of one adult respondent: ‘[the authors should be] simplifying the policy and asking children to comment on the policy with whatever they are saying.
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- Boundaries and rules that apply during the children’s participation process must be negotiated with the children as far as practicable, and must be communicated clearly to all parties.
- The ninth principle is the creation of a responsive and enabling environment for children’s participation.
- This principle is embedded in establishing rapport with all participants, and requires that activities, techniques and methodologies take into account the children’s age(s), and that the physical environment be safe and comfortable.
- One adult participant captured the essence of a responsive and enabling environment well:.
Conclusion
- Children’s right to be heard and take part is one of the fundamental principles of the United Nations Convention on the Rights of the Child (United Nations, 1989), as well as the African Charter on the Rights and Welfare of the Child (African Union, 1990).
- These provide, either directly or by interpretation, for children’s right to participate in claiming their civil and political rights, as well as their social, economic and cultural rights on the African continent.
- The large differences in power between children and adults, where adults hold the power and decide when and how much power will be given to at University of Pretoria on March 30, 2014isw.sagepub.comDownloaded from.
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...…2000), the second is protection (the right to be protected from forms of abuse, neglect, and discrimination; Hodgkin & Newell, 2007), and the third is participation which involves children as decision-makers in community programmes affording them certain political rights (Viviers & Lombard, 2013)....
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"The ethics of children’s participat..." refers methods in this paper
...Transcripts of the interviews and focus group discussions were systematically analysed to identify themes and patterns in the data (Babbie, 2009; De Vos, 2011)....
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Frequently Asked Questions (13)
Q2. What is the definition of a child’s right to participate in the world?
Children must be regarded as able to share their opinions, feelings and ideas during the participation process, and must have the right to exercise self-determination, including, as a minimum: voluntary participation; assent to participate; the right to withdraw or limit their input at any time; the right to speak out when they are treated unethically; and the right to contribute based on their own experience, knowledge and insights.
Q3. What is the principle of the African Charter on the Rights and Welfare of the Child?
Children’s right to be heard and take part is one of the fundamental principles of the United Nations Convention on the Rights of the Child (United Nations, 1989), as well as the African Charter on the Rights and Welfare of the Child (African Union, 1990).
Q4. What is the relationship between children and adults?
Ènnew (1998) identifies a tendency to view children’s participation with fear, dismay and caution, which may be connected to a supposed natural hostility between adults and children expressed in previous centuries.
Q5. What is the role of the South African Constitution in ensuring children’s participation in the development?
It places a legal obligation upon schools to ensure children’s participation in the development of the school’s code of conduct; in school governance, through a Representative Council of Learners comprising learners in grade eight and higher; and on the School Governing Body (learners in grade eight and higher).
Q6. What influences children’s participation in an adult-dominated society?
power, status and relationships influence perceptions of childhood and children, and impact children’s participation in an adult-dominated society.
Q7. What is the context of the framework?
The framework was developed within the context of international and continental human rights treaties, global commitments and declarations on the rights of children, and legal provisions within South African legislation.
Q8. Where should children feel that they can provide their input?
Where practical, children’s natural environments, such as schools and clubs, should be used, taking into account the nature and purpose of the participation and whether children feel that these spaces are conducive to them providing their input.
Q9. What is the importance of providing structure to children?
I think, if you are engaging with eight-year olds, you need to provide them with that structure to get them together, to create the forum for them to come together.
Q10. What is the link between children’s right to participation and society?
children’s right to participation is linked to society’s perception of children as participating members, and to adult–child power relations.
Q11. What is the meaning of the term ‘ethics’?
‘Ethics’ refers fundamentally to the principles that are expected to underlie the right conduct in general or specific contexts (Thomas and Pierson, 1995).
Q12. What is the purpose of this article?
This article proposes an ethical framework that will ensure children’s participation is facilitated in a manner consistent with children’s rights.
Q13. What is the definition of a child’s right to participate in the participation process?
As one adult respondent put it: ‘. . . when the authors look at the legal situation in South Africa, it’s their constitutional right . . . they are citizens of the country, so they should participate.’