Explain the rights that children, young people and their carers have in situations where harm orabuse is suspected or alleged.The United Nations Convention on the Rights of the Child (UNCRC) is an international agreement that protects the rights of

children and young people. It provides a child-centred framework for the development of services to children and was ratified by the

UK government in 1991. The Convention contains 54 articles, which address the rights of children and young people. Some of the

articles that relate specifically to safeguarding situations include:

Article Topic Summary in relation to safeguarding

3 Best interests of the The best interests of children must be the primary concern in making decisions that may affect

child them. When adults make decisions, they should think about how their decisions will affect children.

4 Protection of rights Governments have a responsibility to take all available measures to make sure children’s rights

are respected, protected and fulfilled. They must help families protect children’s rights and create

an environment where children can grow and reach their potential.

9 Separation from Children have the right to live with their parent(s), unless it is bad for them

parents

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12 Respect for the views Children have the right to participate in decisions that affect them. They have a right to say what

of the child they think should happen and have their opinions taken into account (appropriate to the child's

level of maturity)

13 Freedom of Children have the right to get and share information, as long as the information is not damaging to

expression them or others. This includes the right to share information in any way they choose, including by

talking, drawing or writing.

19 Protection from all Children have the right to be protected from being hurt and mistreated, physically or mentally.

forms of violence Governments should ensure that children are properly cared for and should protect them from

violence, abuse and neglect by their parents, or anyone else who looks after them

34 Sexual exploitation Governments should protect children from all forms of sexual exploitation and abuse, including the

sale of children, child prostitution and child pornography.

(UNCRC: http://www.unicef.org/crc/files/Rights_overview.pdf)

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The rights of children and young people.

In situations where harm or abuse is suspected or alleged, the voice of the child or

young person should always be at the heart of any decision making, even in cases of

traumatic abuse when the circumstances can be very distressing. You have an

important responsibility not only to listen sensitively, but also to actively create

opportunities for children and young people to express themselves and feel secure.

Children and young people have the right to:

accurate information and help to understand it

express themselves and be heard

participate in decision making

refuse repeated medical examinations and questioning (e.g. following allegations ofphysical or sexual abuse)

be consulted and kept fully informed of proceedings and decisions about their future

Parents and carers also have rights in situations where harm or abuse is suspected

or alleged. Article 5 of the Convention states that:

“Governments should respect the rights and responsibilities of families to direct and

guide their children so that, as they grow, they learn to use their rights properly”.

(UNCRC: http://www.unicef.org/crc/files/Rights_overview.pdf)

The Convention does not take responsibility for children away from their parents,

however it does give governments the responsibility to protect and assist families in

fulfilling their essential role as nurturers of children. Article 12 of the Convention does

not mean that children can tell their parents what to do, it encourages adults to listen

to the opinions of children and involve them in decision-making, not give children

authority over adults.

In safeguarding situations, parents and carers have a right to be included in

decisions made about the child or family and to be informed about services that

could provide support. However, when there is a conflict between the needs of the

child and their parents or carers, decisions should always be made in the best

interests of the child or young person.

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