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Upholding the rights of children and young people

The United Nations Convention on the Rights of the Child (UNCRC) is the most widely accepted human rights treaty. The treaty establishes a wide range of protection and participation rights for children up to the age of 18.

The UNCRC states that children everywhere, without discrimination, have rights to survival; to develop to the fullest; to protection from harmful influences, abuse, and exploitation; and to participate fully in family, cultural, and social life.

In our work with children and families it is important to remember the UNCRC recognises that families should be afforded necessary protection and assistance to fully assume their responsibilities within the community. The UNCRC affirms that children should grow up in a family environment, in an atmosphere of happiness, love and understanding.

Wherever possible, children should be involved in decisions that affect them. Encouraging participation does not mean children are always able to make the final decision, but allows their views to be taken seriously and treated with respect. This also means explaining to them when and why decisions are made against their wishes, in an age appropriate way. It is important to be honest, transparent and clear with children regarding the decisions that affect them.

Charter of rights for children and young people in OOHC

People working with and caring for children in OOHC are responsible for ensuring children have access to the Charter of Rights for Children and Young People in out-of-home care and that these rights are upheld. The NSW Child Safe Standards for Permanent Care establish minimum requirements for accreditation and require all out-of-home care providers to arrange care in accordance with this Charter.

Engaging and working with young people

The NGO Learning Centre, in collaboration with the CREATE foundation have created a ‘Ten Tips for working with children and young people in care’ podcast. Many of the tips apply to work with all young people, including:

  • Effective work with young people balances building rapport, having deeper conversations, and getting things done.
  • Young people sometimes report that adults are often good at being engaging, or good at following through and getting them what they need. Young people want us to know they need both.
  • Young people value spending time chatting about the day to day with professionals, it’s important that not every conversation is serious or heavy.
  • Young people also want to be understood on a deeper level. It’s important to try to understand how a young person feels about what’s happening and what they need, and following through with actions. Be someone a young person can always reach out to, no matter what.
  • Be cautious about being swayed by records or other people’s opinions about a young person. Meet them and get to know them as an individual.
  • Where possible, spend time in neutral territory, and places the young person likes to be.
  • Take time to understand the developmental stages of adolescence, and translate your knowledge into understanding.
  • Have high expectations of what a young person can achieve in the world. If you believe in them, they will too.

Understanding adolescent brain development is critical to effective work with young people. Because the brain is still developing, young people can struggle to plan for and understand the impact of their decisions. They may behave impulsively, make poor decisions and engage in risk taking behaviour.

This is all part of the normal teenage experience. This time of growth is a time of great opportunity for young people to learn lifelong skills, particularly in planning, reasoning, managing emotions and controlling impulses. This means we, as practitioners, have an enormous opportunity to provide support and guidance that facilitates growth in these areas.

The Office of the Advocate for Children and Young People also has a number of resources to help facilitate the participation of young people in decision making.

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Last updated: 03 May 2021