Children's rights in schools: 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 have the right to withdraw their children from the RSHP curriculum (from August 2023). This option should be communicated to parents and carers, and their views respected. However, the option of withdrawal should be balanced with the child’s right to education.
You may want to remind parents of their child's right to access information. Article 17 of 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. These views should be given due weight based on the child's age and maturity.
Schools should involve children and young people in decisions about their school experience, ensuring their views are considered.
Withdrawing children from accessing this information could lead them to seek it elsewhere, which may not be presented in an appropriate or understandable format. This poses risks to children and young people.
The RSHP curriculum is carefully designed to be age-appropriate and suitable for different stages of development.
Further reading
Sexual health and parenthood resource
Delivery of relationships, sexual health and parenthood education in Scottish schools (gov.scot)
Schools and local authorities are not legally obligated to provide safe transport for children to and from school.
Outside of the school grounds, it is the responsibility of parents or carers to ensure that their children arrive at and return home from school safely.
Further reading
There may be concerns that a child's involvement in local community activities like litter picking could affect their education in literacy and numeracy.
The right to education is broad and comprehensive. As part of Scotland's Curriculum for Excellence, learners are entitled to develop the four capacities:
- successful learners
- confident individuals
- effective contributors
- responsible citizens
Engaging in community activities helps develop responsible citizenship and offers valuable opportunities for real-life learning.
Article 31 of the UNCRC also states that "Every child has the right to relax, play, and participate in a wide range of cultural and artistic activities."
Children also have an entitlement to Learning for Sustainability which includes outdoor learning.
Further reading
Where school activities involve significant costs that could create inequality of access among learners, they may be considered beyond the entitled educational experience.
For example: "My child will soon be leaving school and I believe they have a right to their leavers hoodie and prom as these are part of the educational experience."
In such cases, it would be advisable to discuss this issue with the parent council and explore the possibility of fundraising to ensure all students can participate.
However, it should be clear that these experiences are not automatically guaranteed rights for children.
Further reading
Parent Club Scotland Children's Rights booklet
