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Journal ArticleDOI

The ethics of children’s participation: Fundamental to children’s rights realization in Africa

01 Jan 2013-International Social Work (SAGE Publications)-Vol. 56, Iss: 1, pp 7-21
TL;DR: This paper proposed an ethical framework for meaningful, authentic children's participation consistent with children's rights, one developed within the context of international and continental human rights treaties, global commitments and declarations on children’s rights and legal provisions within South African legislation.
Abstract: Children’s participation in decisions affecting them is a fundamental human right. This article proposes an ethical framework for meaningful, authentic children’s participation consistent with children’s rights, one developed within the context of international and continental human rights treaties, global commitments and declarations on children’s rights and legal provisions within South African legislation.

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.

10 International Social Work 56(1)

  • 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.

12 International Social Work 56(1)

  • 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).

14 International Social Work 56(1)

  • 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.

16 International Social Work 56(1)

  • 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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8 International Social Work 56(1)
expressed by Dr Benyam Dawit Mezmur, Second Vice Chairperson of the
African Committee of Experts on the Rights and Welfare of the Child, as
follows:
[The] attitude that says. . . that ‘children are to be seen and not to be heard’. . .
needs to change, and needs to change fast. This change needs to take place fast
within the family, community, in schools, in policy and law making, in international
development partners etc. Since children’s rights are predominantly children’s
issues too, we need to include children as much as possible in the work that we
do. (African Child Policy Forum, 2011: 14)
Children represent a majority on the African continent and are often
obliged to participate and play their part as social, economic and political
stakeholders in the midst of the tensions of their continent (Terenzio, 2011).
Badham (1999) avers that the participation of children and youth in their
communities on matters affecting them is not only essential, but a funda-
mental right. A widely acknowledged turning point in South Africa’s history
and the anti-apartheid struggle was the 1976 student uprising against the
system, and demanding quality education (Moses, 2006). This historic
event shows the important role children can play in changing their own
destiny, while asserting their ability to claim both their rights and political
power through participation.
Chambers (1998) states that participation, particularly of children as a
previously excluded or marginalized group, has entered mainstream devel-
opment vocabulary and must be responded to constructively. This implies
mindfulness of how children’s participation is facilitated, whether it really
serves children’s best interests and whether policy formulators, service
providers and children’s rights activists across the African continent who
engage in children’s participation know how to deal with the complexity of
appropriate, meaningful and authentic children’s participation. These con-
cerns can only be addressed within an ethical framework for children’s
participation.
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 continen-
tal human rights treaties, global commitments and declarations on the rights
of children, and legal provisions within South African legislation. The
empirical study was conducted within a South African context, but inte-
grated with a thorough analysis of said international and regional African
treaties, commitments and declarations. The framework is thus relevant and
applicable in work with children across borders.
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Viviers and Lombard 9
An overview of children’s participation as a fundamental right safeguarded
in international conventions, African treaties and South African legislation
will be presented. This will be followed by an exploration of the impact of
adult–child relations, power and status on children’s right to participation, and
of the concept of ethics in children’s participation. Thereafter, the research
methodology will be briefly outlined, before the findings are discussed and
the ethical framework for children’s participation is presented.
Children’s participation as a right
Children’s right to participation is embedded in human rights provisions
across a range of international treaties and domestic legislation. As a civil
and political right, it is safeguarded in multiple articles of the United Nations
Convention on the Rights of the Child (UNCRC) (United Nations, 1989), as
one of the fundamental principles, together with a) the best interests of the
child; b) survival, protection and development; and c) non-discrimination
(Hodgkin and Newell, 2007). The UNCRC regards children’s participation
as a cornerstone of children’s (human) rights, as does the Committee on the
Rights of the Child, which declared that children’s views are fundamentally
important in the implementation of all aspects of the UNCRC (Hodgkin and
Newell, 2007).
Children’s right to participation is further endorsed by other international
treaties, including the Universal Declaration of Human Rights (United
Nations, 1948), which provides for participation rights for all people,
including children in articles 19 and 20. The International Covenant on
Civil and Political Rights (United Nations, 1966), against which the civil
and political rights of people worldwide are measured, provides for partici-
pation rights in articles 18, 19, 21, 22 and 25(1), which are clear on and
fundamental to the fact that children have the right to participate in mat-
ters affecting them and their well-being. The United Nations Millennium
Declaration (United Nations, 2000) not only reaffirms the commitments
made under other treaties, but commits nations to ‘work collectively for
more inclusive political processes, allowing genuine participation by all
citizens in all our countries’ (article 25). It also undertakes to ensure a high
level of participation for all citizens, including children, in order to achieve
the Millennium Development Goals.
South Africa ratified two treaties that impact children’s rights to partici-
pation on the African continent. The African Charter on Human and Peoples’
Rights (OAU, 1981) provides for participation as a civil and political right, as
reflected in articles 8, 9 and 10. This is expanded in the principle-based
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10 International Social Work 56(1)
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.
The latter is seen by some as the most progressive treaty on children’s rights
in the world (Byrne, 1998).
South Africa’s rich and progressive legislative framework supports chil-
dren’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 complexity of children’s civil and political rights within
South African society is deepened by the fact that the South African Constitution
affords certain political rights, which translate by direct implication to the
right to participation in political processes, other than those directed at adult
participation (RSA, 1996a; Viviers, 2010). This provides a solid foundation
for safeguarding and facilitating children’s participation in the country,
which must, in the long run, crystallize in practice.
In line with international treaties and in support of the South African
Constitution, three main pieces of domestic legislation emerged since the
advent of democracy in 1994 that allow for children’s participation in matters
affecting them. The South African Schools Act 84 of 1996 (RSA, 1996b)
was a landmark piece of legislation that provides for children’s participation.
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). Thus, it ensures that – especially older – children, have a
voice in the governance of their schools.
The National Health Act 61 of 2003 (RSA, 2003) also recognizes the
importance of children’s participation. The Act requires that health service
users (including children, with some restrictions) participate in all decisions
that influence their personal health and treatment (section 8). 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.
The Children’s Act 38 of 2005 (RSA, 2005), as amended, has the most
substantive provisions for children’s participation in South Africa thus far,
and makes explicit provision for children’s right to participation (section 10),
stating:
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Viviers and Lombard 11
Every child that is of such an age, maturity and stage of development as to be able
to participate in any matter concerning that child has the right to participate in an
appropriate way and views expressed by the child must be given due consideration.
It can be concluded that the provisions of international and domestic
human rights treaties and laws create a solid foundation for children’s par-
ticipation as a right. On the other hand, a legal and policy framework is
provided by defining children’s right to participation as an equality right
that affords children the right to express their views; to be consulted; to have
freedom of thought, conscience, religion, culture and association; to have
privacy; to have access to information; and to be educated and supported in
their right to participation. This civil right and freedom to participate, how-
ever, is influenced by power, status and relationships between adults and
children.
Power, status and relationships in children’s
participation
Despite global progress on the importance and value of children’s participa-
tion, tension persists between children’s right to participation and society’s
construct of children and childhood. 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. Hence, power, status and relationships
influence perceptions of childhood and children, and impact children’s par-
ticipation in an adult-dominated society. Hill et al. (2004: 88–9) see power
as a vital concept in children’s participation, stating that those who have the
power (usually adults) influence policy agendas, political priorities and
which issues should be ‘ignored’. Moses (2006) asserts that children in
South Africa see power in adult–child relationships as undermining their
participation and that the extent of children’s participation in South Africa
is limited by conceptions of childhood and gender.
Lansdown (1995) indicates that the situation of women in previous dec-
ades (and still today in many societies) is analogous to that of children, that
is, lacking social, economic and political power; undervaluing their poten-
tial for participation; and denying them their civil rights. In society children
generally have no right to express their opinions and are seldom taken seri-
ously. Evidently, children’s right to participation is linked to society’s percep-
tion of children as participating members, and to adult–child power relations.
Valuable lessons can be learned from the feminist movement in changing
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TL;DR: In this article, the authors reviewed the literature and conduct ethical studies in social research and the politics of social research in the context of qualitative and quantitative data collection and analysis, and concluded that the need for qualitative and quantitative data is critical for social science research.
Abstract: IN THIS SECTION: 1.) BRIEF 2.) COMPREHENSIVE BRIEF TABLE OF CONTENTS Part I Foundations Chapter 1 Why Do Research? Chapter 2 What Are the Major Types of Social Research? Chapter 3 Theory and Research Chapter 4 The Meanings of Methodology Chapter 5 How to Review the Literature and Conduct Ethical Studies Part II Planning and Preparation Chapter 6 Strategies of Research Design Chapter 7 Qualitative and Quantitative Measurement Chapter 8 Qualitative and Quantitative Sampling Part III Quantitative Data Collection and Analysis Chapter 9 Experimental Research Chapter 10 Survey Research Chapter 11 Nonreactive Research and Secondary Analysis Chapter 12 Analysis of Quantitative Data Part IV Qualitative Data Collection and Analysis Chapter 13 Field Research and Focus Group Research Chapter 14 Historical-Comparative Research Chapter 15 Analysis of Qualitative Data Part V Communicating with Others Chapter 16 Writing the Research Report and the Politics of Social Research COMPREHENSIVE TABLE OF CONTENTS Part I Foundations Chapter 1 Why Do Research? Alternatives to Social Science Research What Research Involves: A Scientific Approach Varieties of Social Research Steps in the Research Process Why Learn How to Conduct Social Research Chapter 2 What Are the Major Types of Social Research? Use and Audience of Research Purpose of Research Within or Across Case Single or Multiple Points in Time Data Collection Techniques Chapter 3 Theory and Research What Is Theory? Social Theory versus Ideology The Parts of Theory Chapter 4 The Meanings of Methodology Philosophical Foundations The Three Approaches Positivist Social Science Interpretative Social Science Critical Social Science Feminist and Postmodern Research Chapter 5 How to Review the Literature and Conduct Ethical Studies The Literature Review Ethics in Social Research Part II Planning and Preparation Chapter 6 Strategies of Research Design Triangulation Qualitative and Quantitative Orientations Toward Research Qualitative Design Issues Quantitative Design Issues Chapter 7 Qualitative and Quantitative Measurement The Need for Measurement Quanitative and Qualtitative Measurement The Measurement Process Reliability and Validity A Guide to Quantitative Measurement Scales and Indexes Chapter 8 Qualitative and Quantitative Sampling Reasons for Sampling Sampling Strategies Part III Quantitative Data Collection and Analysis Chapter 9 Experimental Research Appropriate Technique A Short History of the Experiment Random Assignment Experimental Design Logic Internal and External Validity Practical Considerations Results of Experimental Research: Making Comparisons A Word on Ethics Chapter 10 Survey Research A History of Survey Research The Logic of Survey Research Construction of the Questionnaire Types of Surveys: Advantages and Disadvantages Survey Interviewing The Ethical Survey Chapter 11 Nonreactive Research and Secondary Analysis Nonreactive Measurement Content Analysis Existing Statistics/Documents and Secondary Analysis Secondary Analysis of Survey Data Issues of Inference and Theory Testing Ethical Concerns Chapter 12 Analysis of Quantitative Data Dealing with Data Results with One Variable Results with Two Variables More than Two Variables Inferential Statistics Part IV Qualitative Data Collection and Analysis Chapter 13 Field Research and Focus Group Research Understanding Field Research The Field Research Interview Data Quality Ethical Dilemmas of Field Research Focus Group Research Chapter 14 Historical-Comparative Research A Short History of Historical-Comparative Research Research Questions Appropriate for Historical-Comparative Research The Logic of Historical-Comparative Research Steps in Conducting a Historical-Comparative Research Project Data and Evidence in Historical Context Comparative Research Equivalence in Historical-Comparative Research Ethics Chapter 15 Analysis of Qualitative Data Comparison of Methods of Data Analysis Coding and Concept Formation Analytic Strategies for Qualitative Data Other Techniques Part V Communicating with Others Chapter 16 Writing the Research Report and the Politics of Social Research The Research Report The Politics of Social Research Objectivity and Value Freedom Appendix: Table of Randomly Selected Five Digit Numbers Bibliography Name Index Subject Index

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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)....

    [...]

Frequently Asked Questions (13)
Q1. What are the contributions in "An overview of children’s participation as a fundamental right safeguarded in international conventions, african treaties and south african legislation will be presented. this will be followed by an exploration of the impact of adult–child relations, power and status on children’s right to participation, and of the concept of ethics in children’s participation. thereafter, the research" ?

The 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 is one of the fundamental principles of the United Nations Convention on the Rights of the Child this paper. 

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. 

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). 

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. 

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). 

power, status and relationships influence perceptions of childhood and children, and impact children’s participation in an adult-dominated society. 

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. 

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. 

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. 

children’s right to participation is linked to society’s perception of children as participating members, and to adult–child power relations. 

‘Ethics’ refers fundamentally to the principles that are expected to underlie the right conduct in general or specific contexts (Thomas and Pierson, 1995). 

This article proposes an ethical framework that will ensure children’s participation is facilitated in a manner consistent with children’s rights. 

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.’