Diploma in Children’s ServicesCHC50908

CHCCN5020C

Advocate for the rights and needs

of children and young people

Element 2 Promote the rights, interests

and needs of children.

History

• Australia began to acknowledge the existence of child abuse and neglect during the 1960's, which led to legislative reform and Australia signing the 'United Nations Declaration of the Rights of the Child' in 1991.

• The rights of children can be traced to the 1924 Geneva Declaration on the Rights of the child and the 1959 Declaration of the Rights of the Child. But, it was the adoption of the 1989 Convention on the Rights of the Child (CRC) by the United Nations' General Assembly that saw recognition of children's rights internationally.

• The first World Summit for Children followed a year later and it was here that the World Declaration on the Survival, Protection and Development of Children and the Plan of Action for Implementing the Declaration in the 1990's was signed.

• This framework to plan prevention and intervention programs in child protection guided national governments, international organisations, non-government organisations and individuals.

Right

• “…is the correlative of duty, for,wherever one has a right due to him, another must owe him a duty.”

What breaches of rights might occur in early childhood

settings?• Gender inequality• Be littleing• Yelling• Restraining• Grabbing• Neglecting • Hitting• Ignoring• Other….

Who is responsible to protect children in care?

All professionals working with children and/or their families share in the responsibility of protecting children.

In “loco parentis” [Latin, in the place of a parent.] The legal doctrine under which an individual assumes parental rights, duties, and obligations without going through the formalities of legal adoption.

What are your obligations?

• To report any breaches or suspected breach in child’s rights.

• To act in the best interest of the child

• Duty of Care

Governing Legislation

• Children’s Services Act 1996• Working with Children’s Act 2005• Children’s Safety and Wellbeing Act 2005• Occupational Health and Safety Act 2004• Privacy Act 1988• The Children and Young Persons Act

2005• Children’s Services Regulations 2009

(3) The providers of services to children and families should— (a) protect the rights of children and families and, to the greatest extent possible, encourage their participation in any decision- making that affects their lives; (b) acknowledge and be respectful of the child's individual identity, circumstances and cultural identity and be responsive to the particular needs of the child;

Part 2—Principles for Children Child Wellbeing and Safety Act 2005

s. 5

Legislation

• Children's Services Act 1996 - SECT 26PART 4 OPERATION OF CHILDREN'S SERVICES

• Protection of children from hazards26. Protection of children from hazards

• (1) The proprietor of a children's service must ensure that every reasonable precaution is taken to protect children being cared for or educated by the service from harm and from any hazard likely to cause injury.Penalty: 120 penalty units.

• (2) A staff member of a children's service must ensure that every reasonable precaution is taken to protect a child in the care of that staff member from harm and from any hazard likely to cause injury.

Penalty: 120 points.

Responsibility

• ‘Moral or legal obligation or duties, for which you are accountable or answerable, as for a trust, debt or obligation’

Obligation

• “the binding power of a promise, contract, oath, vow, or law, that which constitutes legal or moral duty”

• “ A perfect obligation is one which gives a right to another.”

Early Childhood Settings

• Carers have a “Duty of Care” to the children in their care.

What is Duty of Care?

• The fundamental obligation that anyone has to another to assure their welfare.

• A person’s responsibility or duty to take reasonable care to avoid acts or omissions that could expose someone, of whom you have a responsibility, to a foreseeable risk of harm.

What can carers do to meet their “duty of care’

• The standard of care that must be provided for children is whatever a reasonable person (with similar experience, and qualifications/training) would do in same situation.

• How an act is judged as reasonable depends on all the circumstances surrounding it- including the nature of what is or has been done and the skills and knowledge, experience reasonably needed to act.

How to maintain Duty of Care.

• The licencing standards provide a benchmark in relation to “duty of care” which can be used in court.Therefore carers must:

ensure they are meeting the relevant licencing standards

Ask questions if they are unsure whether they are meeting their duty of

care Bring to the licensee's attention any situation which may

effect/breach the duty of care owed.

• Therefore it is our duty to notify of any actions in which we believe a child’s rights are being breached.

• “All that is necessary for the triumph of evil is for good men to do nothing”