| An Overview
The UN Convention on the Rights of the Child is an international treaty that sets out universally accepted rights for children. It is a benchmark against which a nation’s treatment of its children can be measured. It brings together in one comprehensive code the benefits and protection for children hitherto scattered in a variety of other agreements, including the Declaration of the Rights of the Child adopted in 1959. The UN Convention also affirms that human rights contained in other treaties apply equally to children.
The Convention was officially approved by the United Nations in 1989 and has been ratified by every country in the world but two (currently 194). Ratification of the Convention is a commitment by these nations to comply with the articles of the treaty and thereby to protect and enhance the basic rights of children through their policies, programs and services.
This remarkably comprehensive treaty not only incorporates current thinking with regard to children’s rights but also demands that the world think more deeply about children’s position as citizens and more broadly about their development than has commonly been the case. It asks that we look holistically at children’s lives and hear their own perspectives on issues affecting them.
As a result it is leading many nations to address elements of children’s lives that have hitherto been ignored but that represent our fundamental humanity. One of these – at the heart of children’s lives everywhere – is the right to play.
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Article 31
“That every child has the right to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
That member governments shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.”
Full text of the Convention (click)
Indivisibility of Convention Articles
The rights of the Convention are indivisible and interdependent. The articles of the Convention represent all aspects of the life of a developing child. While a focus on a particular issue is sometimes necessary and desirable, it is important to begin work on any one article from a knowledge of the whole Convention. They are interrelated and mutually supportive.
Of particular importance are the General Principles:
- Article 2: Ensuring all children’s rights without discrimination.
- Article 3: Ensuring that best interests of children is a prime consideration.
- Article 6: Ensuring the survival and development of the child.
- Article 12: Ensuring that children (as individuals and as a group) have the right to express their views on matters of concern to them.
Value of Article 31 Across the Convention
It is important to position article 31 centrally within the fuller context of the Convention’s overall children’s rights perspective. Article 31 is about all children everywhere and in all situations and is therefore central to the realization of many other rights.
In addition to the above-noted General Principles, article 31 is closely related to:
- Article 13: respect for freedom of expression
- Article 15: respect for the right of freedom of association
- Article 17: entitlement to information and materials of social and cultural benefit
- Article 27: right to a standard of living adequate for their physical, mental, spiritual, moral and social development.
- Article 29: education being directed to the child’s personality, talents, and mental and physical to their fullest potential.
- Article 30: children’s right to enjoy their own culture
- Article 32: right to protection from work which is potentially harmful to their development
Article 31 is an important component of children’s mental and physical health and therefore to their well-being. It also has significant therapeutic and rehabilitative benefits.
Implementation of Article 31
Issues that could be raised by article 31 advocates
Article 31 has become known as ‘the forgotten article of the Convention’.
Very few of the national reports to the UN Committee (required by signatories of the Convention) have included article 31 in their reports and those which have done so have largely focused on children’s physical activity and not embraced all components of the article.
Article 31 advocates can do a number of things to raise awareness its importance.
Here are some suggestions:
- It is important for article 31 to be included in the national UNCRC implementation plans that are mandatory when a nation ratifies the UN Convention.
IPA Branches, member groups and all relevant groups should promote the inclusion of article 31 in national plans or through their official report or through their NGO coalition.
Locate your national NGO coalition, or coalitions, which produces a regular report to the UN Committee at about the same time as their national government one (approximately every five years).While the UN Committee encourages such coalitions, not all countries yet have them. Reports from single or groups of NGOs are therefore also received.
IPA representation on NGO coalitions, or at least a close contact with them, would be an advantage for greater recognition and implementation of article 31.
- The range of government ministries or departments, which should be included in article 31 implementation, is a particular challenge. It makes sense for article 31 supporters to help identify key players and organize discussion groups about its implementation priorities.
Given the article 31 components of rest and leisure, play and recreation, culture and the arts, there would be a wide range of government departments involved. Those with a responsibility in this field would include, for example, education, recreation, health, social services, labour, social and physical planning, culture, and sports, as well as those concerned with transport, housing and sanitation.
- A goal of IPA Branches and groups would be to support the development of a national policy or framework for article 31.
Identify the nation’s relevant government departments – as above – and other key national non-government organizations, such as IPA, and encourage comprehensive discussions about article 31.
Implementation of the Convention through policy is essential. It can be developed to interpret or build on legislation, or to set out the direction of government or non-governmental organizations in the absence of legislation.
Since policy also guides the delivery of programs and services, implementation of the Convention becomes possible through day-to-day practice. (For example: Wales Play Policy, 2002.)
- Orientation and training on article 31 should be accessible for all professionals working with or for children.
Is the status of national training, particularly with regard to play, known to IPA Branches, member groups and all relevant groups involved in Article 31?
What steps could be taken to improve this? Do you have information that would be useful to other countries?
Website Information: Article 31 Promotion
Share information with regard to overcoming challenging situations, monitoring article 31 implementation, access to useful material and so on… ValerieFronczek_ipa@shaw.ca
- Examples of promotion activity of ipa national branches and groups… forthcoming
Continue to the General Comment on Article 31
[Click Here]
The General Comment is a quasi legal and tightly drawn document drafted on behalf of the UN Committee on the Rights of the Child. While involving a broad range of invited expert individuals working in the appropriate fields, the process is a very specific one and the group involved is working toward a draft being approved and accepted by the UN Committee within a given time period.
- The website will inform IPA members of the progress of the General Comment project and address the majority of questions raised within the organization since work on the General Comment preparation began in 2010.
- It will also be promoted as a source of information to all other organizations and individuals who have an interest in article 31 of the UNCRC.
- An update will be given in September/October and when the General Comment is approved, the entire text will be included on the site.
What is a UN General Comment?
- A General Comment is a quasi legal document published by the UN Committee on the Rights of the Child which provides a detailed interpretation of an article or issue relating to the Convention on the Rights of the Child, and provides guidance on the actions required by governments to ensure its implementation.
- Some General Comments may be procedural in nature, some relate to a particular group of children, for example, children with disabilities, others may address substantive provisions of the treaty. This latter is the case with the General Comment on article 31.
- The main purpose of General Comments is to elaborate how to interpret and implement human rights treaties.
The Need for General Comments on UN Treaties
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General Comments are valuable contributions to the development and application of international law and also provide guidance with regard to other issues.
- General Comments assist non-government stakeholders as well as Governments in understanding treaty provisions and in strengthening national advocacy.
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- Some General Comments focus on specific purposes such as clarification of legislative provision. National courts are known to refer to UN General Comments. Such information can be used to help stakeholders advocate for changes in legislation.
- Other General Comments are broader in scope such as UNCRC General Comment 5, which focuses on implementation of the whole Convention on the Rights of the Child.
- General Comments often refer to other international human rights law to ensure cross-jurisdictional knowledge and child protection.
The Need for General Comments on the UN Convention on the Rights of the Child
The UNCRC was approved in 1989. Thirteen General Comments have been prepared by the UN committee in the last two decades.
** Existing General Comments – March 2012
Full text of these documents can be found on the UNCRC Website: General Comments
The Need for a General Comment on Article 31
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- Very few of the national reports to the UN Committee (required by signatories of the Convention) have included article 31 in their reports and those which have done so have largely focused on children’s physical activity and not embraced all components of the article.
- It had become obvious that article 31 is not well understood or appreciated by adults involved directly with children.
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- General Comments are directed to Governments of all countries which have ratified the UN Convention. This is currently 194 and an important opportunity to promote the value of article 31.
- The Global Consultations on Children’s Right to Play, undertaken by IPA in 2010, found that the most common challenge in implementing article 31 was lack of awareness by most adults of its importance to the growth, development and well-being of children.
- A particular concern is the lack of understanding of child-controlled play which is very much needed in the face of increasing threats to such play such as inadequacy of space, excessive pressure for educational achievement and increase in structured and programmed leisure time.
- Children’s lack of participation in the implementation of article 31 is a major concern.
- It is important that governments, children’s rights agencies, and international non-government organizations working with or on behalf of children understand the importance of article 31 within the UN Convention. The UNCRC promotes the indivisibility of the articles of the Convention. Article 31 is a very good example of one which has a very close relationship to many key articles such as education and health.
References to article 31 in current General Comments
General Comment 7: Implementing child rights in early childhood (2006)
Right to rest, leisure and play.
34. The Committee notes that insufficient attention has been given by States parties and others to the implementation of the provisions of article 31 of the Convention, which guarantees “the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts”. Play is one of the most distinctive features of early childhood. Through play, children both enjoy and challenge their current capacities, whether they are playing alone or with others. The value of creative play and exploratory learning is widely recognized in early childhood education. Yet realizing the right to rest, leisure and play is often hindered by a shortage of opportunities for young children to meet, play and interact in child-centred, secure, supportive, stimulating and stress-free environments. Children’s right-to-play space is especially at risk in many urban environments, where the design and density of housing, commercial centres and transport systems combine with noise, pollution and all manner of dangers to create a hazardous environment for young children. Children’s right to play can also be frustrated by excessive domestic chores (especially affecting girls) or by competitive schooling. Accordingly, the Committee appeals to States parties, non-governmental organizations and private actors to identify and remove potential obstacles to the enjoyment of these rights by the youngest children, including as part of poverty reduction strategies. Planning for towns, and leisure and play facilities should take account of children’s right to express their views (art. 12), through appropriate consultations. In all these respects, States parties are encouraged to pay greater attention and allocate adequate resources (human and financial) to the implementation of the right to rest, leisure and play.
General Comment 9: The rights of children with disabilities (2006)
Recreation and cultural activities
44. The Convention stipulates in article 31 the right of the child to recreation and cultural activities appropriate to the age of the child. This article should be interpreted to include mental, psychological as well as the physical ages and capabilities of the child. Play has been recognized as the best source of learning various skills, including social skills. The attainment of full inclusion of children with disabilities in the society is realized when children are given the opportunity, places, and time to play with each other (children with disabilities and no disabilities). Training for recreation, leisure and play should be included for school-aged children with disabilities.
45. Children with disabilities should be provided with equal opportunities to participate in various cultural and arts activities as well as sports. These activities must be viewed as both medium of expression and medium of realizing self-satisfying, quality of life.
Sports
(the word ‘sport’ is not specifically included in article 31 of the UNCRC but non-competitive,organized games is assumed to be part of children’s recreation.)
46. Competitive and non-competitive sports activities must be designed to include children with disabilities in an inclusive manner, whenever possible. That is to say, a child with a disability who is able to compete with children with no disability should be encouraged and supported to do so. But sports are an area where, because of the physical demands of the sport, children with disabilities will often need to have exclusive games and activities where they can compete fairly and safely. It must be emphasized though that when such exclusive events take place, the media must play its role responsibly by giving the same attention as it does to sports for children with no disabilities.
General Comment 11: Indigenous children and their rights under the Convention (2009)
63. With reference to article 31 of the Convention, the Committee notes the many positive benefits of participation in sports, traditional games, physical education, and recreational activities and calls on States parties to ensure that indigenous children enjoy the effective exercise of these rights.
General Comment 12: The right to be heard (2009)
115. children require play, recreation, physical and cultural activities for their development and socialization. These should be designed taking into account children’s preference and capacities. Children who are able to express their views should be consulted regarding the accessibility and appropriateness of play and recreation facilities. Very young children and some children with disabilities, who are unable to participate in formal consultative processes, should be provided with particular opportunities to express their wishes.
General Comments currently in the process of development are:
- Article 31: Play and Recreation
- Article 3: The Best Interests of the Child
- Article 24: The Right to Health
- Article 24(3): Harmful Traditional Practices (in collaboration with the Committee for the Elimination of Discrimination Against Women- CEDAW)
Short History of IPA and the General Comment on Article 31
In 2008 IPA engaged eight international organizations to support its original proposal for a UN General Comment. These were:
- Right to Play International
- World Leisure Association
- International Pediatrics Association
- International Council on Children’s Play
- World Organization for Early Childhood Education (OMEP)
- International Toy Library Association
- European Child Friendly Cities Network
- Childwatch International Research Network
To gather information to support the need for a General Comment, IPA organized a series of Global Consultations in 2010. Consultations on children’s right to play were held in South Africa, Kenya, Bulgaria, Lebanon, India, Thailand, Japan and Mexico.
(Report www.ipaworld.org) A summary of this project was included with the September 2010 issue of PlayRights.
A report on key findings of these Consultations was made direct to the UN Committee on the Rights of the Child in Geneva in September 2010.
In February 2011 IPA received the news that the UN Committee had agreed to produce a General Comment on article 31.
In September 2011 IPA was invited to take a lead role in the organization of the development of the General Comment, which was to address all components of article 31. That is, the General Comment will include rest and leisure, play and recreation, culture and the arts.
International Structure Formed to Support the Drafting of the General Comment
International Structure: The first step in the development of the General Comment on article 31 was to form a structure to support the process. This comprises Core and Working Groups, a Pool of Experts and an information exchange system incorporating key international organizations and agencies. A matrix illustrating the breadth of professional and organizational participation was developed. Click Here
Children’s Input: The project will include feedback from a number of existing children’s groups in different parts of the world. Prior to the development of the final draft, these groups of children will reflect upon specific circumstances and experiences that impact their enjoyment of the rights embodied in article 31.
UN Focal Group: The UN Committee on the Rights of the Child established a Focal Group to work with IPA:
- Awich Pollar, Chair (Uganda)
- Aseil al-Shehail (Saudi Arabia)
- Yanghee Lee (Korea)
- Sanphasit Koompraphant (Thailand)
- Hadeel Al-Asmar (Syrian Arab Republic)
Time-frame: The UN Committee has recommended we aim for a final draft to be presented to its January 2013 meeting. This is a demanding schedule but we aim to achieve the goal.
- First draft to Core Group in March
- Second draft to Committee in April
- Meeting with UN Focal Group and Core Group in June
- Third draft to go for wider consultation in June – August
- Fourth draft to UN Focal Group and Committee in September
- Final revision and adopted by Committee in January 2013
Some main topics to be covered by the General Comment
The General Comment will define all elements of article 31 and explain their importance in the growth and development of children and their impact on children’s overall well-being.
In the approximately twenty-page General Comment statement, challenges to implementation of article 31 will be addressed. These will include lack of awareness of adults of its importance (particularly of child-controlled play) inadequate space, excessive pressure for educational achievement, increase in structured and programmed leisure time as well as negative affects of technology, and the fact that children are rarely involved in planning for play (ref. UNCRC article 12).
Attention will also be given to groups of children requiring particular attention in order to realize their rights under article 31. Children with disabilities, girl children, children in institutions, working children and children in deep poverty are some examples of these.
Perhaps, most importantly, the General Comment also provides a detailed elaboration of the specific actions that governments need to take to ensure that all the provisions of Article 31 are fully implemented.
