The right to learn: Why Australia needs to take a child rights approach to education

MEGAN MITCHELL

Megan Mitchell served as Australia’s first National Children’s Commissioner from 25 February 2013 to 24 March 2020, focusing solely on the rights and interests of children, and the laws, policies and programs that impact on them. Ms Mitchell was previously the NSW Commissioner for Children and Young People, Executive Director of the ACT Office for Children, Youth and Family Support, Executive Director for Out-of-Home Care in the NSW Department of Community Services and CEO of the Australian Council of Social Service. Ms Mitchell holds qualifications in social policy, psychology and education.

A common assumption in Australia is that all children and young people have access to free, high-quality education. Unfortunately, all too often this is not the case. Many children experience major difficulties in accessing education, including children with disability, children living in remote areas, Aboriginal and Torres Strait Islander children and young people who are pregnant or parenting.

My most recent report to the Australian Parliament, In Their Own Right: Children’s Rights in Australia (2019) (1) , highlights the educational disadvantage suffered by particular groups of children within Australia. The underlying causes of this disadvantage are complex and multifactorial, but I offer the following as a brief overview of key issues:

• Children and young people with disability in Australia continue to face challenges in accessing education. A significant majority of the complaints relating to children that were received by the Australian Human Rights Commission in the 2018–19 reporting year were received under the Disability Discrimination Act 1992 (Cth) in the area of education. (2) The lack of medical and allied services for children in remote areas, in particular, can affect access to education for children with disability. Physiotherapy, occupational therapy, speech pathology, and early intervention services are examples of services that are not readily available in regional and remote areas, yet these play a crucial role in supporting children with disability to participate in education on an equal basis with others.

• National reading and numeracy outcomes for children in Australia decline with remoteness. For example, in 2017 the proportion of Year 5 students that achieved at or above the national minimum standard in reading was 95% in major city areas compared to 52.7% in very remote areas, (3) and in numeracy was 96.2% in major cities compared to 60.7% in very remote areas. (4)

• Educational outcomes for Aboriginal and Torres Strait Islander children are poor when compared to their nonIndigenous peers. School attendance, literacy and numeracy targets did not meet the Closing the Gap goals set by the Australian Government for 2018, although targets on early childhood education enrolment are on track. (5)

• Section 38(c) of the Sex Discrimination Act 1984 (Cth) currently allows religious schools to discriminate against students on the basis of sex, sexual orientation, gender identity and intersex status. Discrimination is also permitted on the basis of pregnancy or breastfeeding. This legislation gives religious schools the ability to exclude particular students. This directly contravenes Article 2 of the Convention, which prohibits these types of discrimination.

• Children themselves identify serious problems with the way education is delivered. During my own consultations with children in 2018, many commented that their capacity to learn was hampered by a rigid, one size-fits all approach to learning that does not respond to the individual needs and circumstances of students.

A CHILD’S RIGHT TO EDUCATION

As a signatory to the United Nations Convention on the Rights of the Child (the Convention) (6) , Australia has an obligation not just to be a provider of education, but also to protect and respect a child’s right to be educated.

Article 28 of the Convention provides that:

• Primary education should be compulsory and free (Article 28(1)(a))

• Secondary education should be freely accessible and reflect and address a variety of needs and interests (Article 28(1)(b)-(d))

• Schools should promote regular attendance (Article 28(1)(e))

• School disciplinary measures should respect children’s dignity and reflect the general values of the Convention (Article 28(2)).

Article 29 then sets out the aims of education. These include the development of:

• the full potential of the child in relation to their personality, talents and mental and physical abilities

• respect for human rights

• cultural identity and affiliation

• a sense of responsibility towards others, and respect for diversity

• respect for the natural environment.

The values and aims set out under Article 29 demonstrate the way in which education provides a child not just with formal knowledge, but also contributes to a broader understanding of their personal and ethical obligations towards society. The Committee on the Rights of the Child has provided governments with more comprehensive guidelines about how they can fulfil their obligations to children and young people under Article 29 in General Comment No.1: The Aims of Education (2001). (7)

The Committee advises that Article 29 should not be viewed as a standalone, exhaustive list of the aims of education, but should be interpreted in the context of the Convention on the Rights of the Child as a whole. For instance, ensuring that education develops a child’s respect for their cultural identity and national language also upholds the principle of the best interests of the child that is protected under Article 3.

The Committee states that, “The overall objective of education is to maximise the child’s ability and opportunity to participate fully and responsibly in a free society.” (8) The broad language of Article 29 affords much flexibility in how this overarching objective can be met and allows for a balanced approach to placing the child at the centre of education.

The Committee provides practical suggestions for integrate these values. These include:

• Re-writing national school curricula;

• Frequently and consistently updating textbooks, teaching materials and school policies;

• Training teachers, child education workers and school administrators in the implementation of Article 29; and

• Ensuring that teaching methods further Article 29 and the general objects of the Convention.

These kinds of mechanisms can help to ensure that children’s rights are fundamentally protected and upheld by the education system, and not imposed in a fragmented or arbitrary way. Adopting a child rights approach reshapes everything from the relationship between educator and student, to the physical setting in which children play and learn. It entails new forms of educator training and measurements of success. It also involves moving the voices, rights and interests of children to the centre of education systems.

Central to this approach is recognising, in both theory and practice, that children and young people are active players in the learning process, rather than just recipients of adult knowledge. It also fosters school connectedness – where students feel personally accepted, respected and supported in the school environment. (9) In turn, this has a positive effect on attendance, academic achievement and the emotional and physical health of children.

We need to recalibrate our education system in order to place the diverse needs of children and young people at the forefront. Children’s rights need to be embedded within curricula, teaching practice, classrooms and built environments. Only then will we see the type of cultural change required to ensure that children from all walks of life are empowered to flourish and thrive.

1. Australian Human Rights Commission, Children’s Rights Report 2019 https://www.humanrights.gov.au/our-work/childrens-rights/ publications/childrens-rights-report-2019.

2. Australian Human Rights Commission, Children’s Rights Report 2019, 85 https://www.humanrights.gov.au/our-work/childrensrights/publications/childrens-rights-report-2019.

3. Productivity Commission, Report on Government Services (2018), Chapter 4, 4.22 <https://www.pc.gov.au/research/ongoing/ report-on-government-services/2018/child-care-education-andtraining/school-education>.

4. Productivity Commission, Report on Government Services (2018), Chapter 4, 4.24 <https://www.pc.gov.au/research/ongoing/ report-on-government-services/2018/child-care-education-andtraining/school-education>.

5. Department of Prime Minister and Cabinet, Closing the Gap Report: Prime Minister’s Report 2019 (2019) 10 <https:// ctgreport.niaa.gov.au/>.

6. Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990).

7. United Nations Committee on the Rights of the Child, General Comment No.1: The Aims of Education (article 29), 26th session, CRC/GC/2001/1, 17 April 2001.

8. United Nations Committee on the Rights of the Child, General Comment No.1: The Aims of Education (article 29), 26th session, CRC/GC/2001/1, 17 April 2001, para 12.

9. Rebekah Chapman et al, ‘School-based programs for increasing connectedness and reducing risk behaviour: a systematic review’ (2013) 25(1) Educational Psychology Review.