Child Human Rights Defenders

Effective implementation of Article 29 (1) of the CRC and Article 15 of the Declaration at a national level would ensure that human rights education is compulsory in national curricula at all levels, and that this incorporates specific attention to children’s rights. While schools are the obvious place for children to learn about their rights, many children are not in school at all or in government-run schools. The States remain under an obligation to ensure that children who are not in school receive human rights education. National human rights institutions (NHRIs) and Children’s Ombudspersons (see section 4.1) can make a significant contribution in this respect. 

Effective human rights education needs to go beyond information about the content of treaties and, in line with the United Nations Declaration on Human Rights Education and Training, to ensure that children receive education not just about but also through and for human rights.⁴ The Committee has also stressed that ‘Children should also learn about human rights by seeing human rights standards implemented in practice, whether at home, in school or within the community.’⁵ It also means that children should not just learn what rights they have, but also how to claim them and defend their own rights and the rights of others. Student protests, for example, have been recognized as having ‘a high educational value as they are among the first experiences of public participation and human rights defence of students.’⁶ HRD activity can contribute to rather than detract from children’s enjoyment of their right to education. Children should also be given opportunities to develop the skills that they will need to exercise their rights effectively. The  Special Rapporteur on freedom of expression has highlighted the importance of ‘participatory educational programmes that encourage critical thinking, the capacity for expression and a culture of peace.’⁷ 

The Committee has stressed that human rights education will not be possible ‘unless those who are expected to transmit, promote, teach and, as far as possible, exemplify the values have themselves been convinced of their importance.’⁸ School culture, often established by head-teachers and governing bodies, should be respectful of the human rights of all, including the right of teachers as well as students to act as HRDs. Pre-service and in-service training schemes that promote children’s rights-based practice are essential for teachers, educational administrators and others involved in children’s education in formal and informal settings. This applies to the teaching methods used as well as approaches and other policies such as those on discipline, pastoral care, and child protection.

In the context of CHRDs, it is particularly important that schools and educators do not breach children’s civil and political rights when children act as HRDs. This includes respecting, protecting and fulfilling children’s rights to freedom of expression, to assemble and to protest. Schools have been the focus of domestic litigation in this regard, with national courts acknowledging, for example, that children do not lose their rights when they enter the school gate.⁹ Ensuring that educators do not act in ways that breach these rights will require national education laws and policies that provide direction to schools and others as to how they can be compliant with human rights when children act as CHRDs. Moreover, in practice, one of the challenges is that the value schools place on educational attainment will mean that activities that are considered to detract from that may be prohibited or discouraged. Moreover, the pressure on children to achieve academically may also act to restrict the time that children have available for CHRD activity.