Introduction

One basic human rights principle laid down in the Universal Declaration of Human Rights, 1948 is that all human beings are born free and equal in dignity and rights (Article 1 UDHR). However, specifically vulnerable groups such as women, indigenous people, and children have been assigned special protection by the UN legal framework (Henry J. Steiner & P. Alston, 2000).

The UN Convention for the Rights of the Child, 1989 remind us that children, whilst retaining their entitlement to the full range of human rights, are often marginalised or excluded, and represent a special case required additional safeguards (Defence for Children International (ed), 1995). Therefore, the Committee on the Rights of the Child have also adopted about twelve General Comments (in addition to two Optional Protocols) guiding States on specific issues such as HIV/AIDS, the aims of education etc (Committee on the Rights of Child-General Comments). The Committee in 2005 adopted “General Comment 7 (GC7) on Implementing Child Rights in Early Childhood” (The Committee General Comment 7 of 2005). GC7 recognises that in implementing the UNCROC States parties have often overlooked young children as rights holders (GC7 para.3). The Comment seeks to redress this by clarifying State obligations for UNCROC implementation with respect to all children “below the age of 8” (GC7 para.4). The UNCROC regards young children as active meaning makers with “evolving capacities” (Art. 5) requiring age-appropriate guidance and support whom, both as individuals and as a constituency, have a voice which must be given due consideration. Parents/Caregivers and States are reminded to balance control and guidance with respect to evolving capacities of the young child, and of the obligation to facilitate genuine participation of young children in the process affecting their development (The Committee General Comment 7, 2005).

In this 21st century, when we Australians are busy counting our economic and political success both at national and international level, still is much needed to be done to improve the status of children in Australia for the coming future (Nyland, 1999). In this essay, I have tried to discuss the role of early childhood settings in enacting and promoting the children rights such as participation, protection and provision and in making these rights available to Australian children.

Children’s Rights: Setting Standards

Legal conceptions of children

The adoption of the Convention on the Rights of the Child marked a fundamental shift away from past conceptions of children and childhood to a new one. Until then, the law had seen a child as property – the property of the father – to be dealt with and disposed of as he saw fit (Hart et al, 1991). However a conceptual shift took place during the 19th century, based on the perception of children as vulnerable and so in need of protection from poverty, the voices of industrialization, immigration and urban living. In addition, to being considered property, the child began to be considered as a resource to society (Hart et al, 1991).

The human rights movement of the 20th century, previously focused for adult rights was extended to children (Hart et al, 1991) though children were still seen as vulnerable and in need of protection but this status was subsumed in a broader understandi