Supporting children's rights:

Responding to parent and carer questions about children's rights

Examples include:

  • relationships, sexual health and parenthood (RSHP) curriculum withdrawal
  • the right to arrive at school safely
  • community efforts that detract from learning
  • the right to a prom and leavers hoody

Parents currently have the right to remove their children from RSHP curriculum (Aug 2023). This option should be made known to parents and carers and their views respected. The option of withdrawal should be balanced with the child’s right to education.

You may wish to remind parents of their child's right to access information. Article 17 from the UN Convention on the Rights of the Child (UNCRC) states:

"Every child has the right to reliable information from a variety of sources, and governments should encourage the media to provide information that children can understand."

Under Article 12 of the UNCRC, every child and young person who is capable of forming their own views has the right to express those views freely in all matters affecting them. Those views should be given due weight in accordance with the age and maturity of the child and young person.

Schools should include children and young people in decisions about their school experience, ensuring their views are taken into account.

Withdrawing children from accessing this information could lead them to access it elsewhere. This may not be presented in an appropriate or easy to understand format.  this puts children and young people at risk.

The RSHP curriculum is carefully designed to be age and stage appropriate.

Further reading

Sexual health and parenthood resource

Delivery of relationships, sexual health and parenthood education in Scottish schools: draft guidance (www.gov.scot)

Schools and local authorities have no legal obligation to provide safe transport of children to the school setting.

Outside of the school grounds, it is the parent or carer's responsibility to ensure their children arrive at and get home from school safely.

Further reading

Parent Club Scotland Children's Rights booklet

My child has been engaging in efforts to keep the local community safe and clean (e.g. litter picks)  but I am concerned this is removing their right to education of things like literacy and numeracy

 

Consider the following:

The right to an education is broad and all-encompassing. As part of Scotland's Curriculum for Excellence learners have the entitlement to develop the four capacities: Successful learners, confident individuals, effective contributors and responsible citizens.

Activities where learners engage with their local community come under the development of responsible citizens and provide rich opportunities for valuable real life learning.

Article 31 of the UNCRC also states that 'Every child has the right to relax, play and take part in a wide range of cultural and artistic activities.'

Children also have an entitlement to Learning for Sustainability which includes outdoor learning.

Further reading:

CfE 4 contexts and capacities

Parent Club Scot - Children's Rights booklet

My child will soon be leaving school and I believe they have a right to their leavers hoody and prom as these are part of the educational experience.

Where there is a significant cost involved and it may provide inequality of access between learners it would be considered outwith the entitled educational experience.

The advice would therefore be to speak to the parent council about this issue and explore whether any fundraising could take place to provide this experience.

It should however be made clear these experiences aren't an automatic right for children.

Further reading

Parent Club Scot - Children's Rights booklet

UNCRC simplified articles