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09/20/2023 | Porträts und Geschichten

"Child participation must not be a fig leaf"

The UN Convention on the Rights of the Child (CRC) has been recognized and ratified by 196 countries, including Germany. This means that almost all countries in the world are committed to respecting the rights of children (which always refers to all people under the age of 18) and taking them into account in their laws. To mark World Children's Day on September 20, we conducted an interview with Prof. Dr. Theresia Höynck, Professor of Children's and Youth Law at the University of Kassel.

Is Germany on the right track in terms of respecting children's rights?

That is a very difficult question. On the one hand, yes - a lot is happening, nobody disputes more children's rights, many individual regulations and institutions are good. Children in Germany today are privileged compared to those in other countries. On the other hand, no - too many children in Germany live in very problematic conditions. The overall direction is right, but there is still a lot to do and there are always setbacks.

 

In which areas do you still see gaps or potential for improvement in the implementation of children's rights in Germany?

I am particularly concerned about the issue of cumulative disadvantages for many children: Poverty, low education and violence cluster together in certain groups, reinforcing each other and thus together increasing the risk of a great many problems. I have just come from the German Juvenile Court Conference, which deals with young people who have committed crimes: the children and young people who attract attention with seriously problematic crimes have predominantly grown up under highly stressful circumstances. Many children manage to get through life despite such circumstances, but some do not, or only via very crisis-ridden detours. They too deserve to be considered and treated from the perspective of children's rights.

 

Who represents children's rights in Germany and who monitors compliance with them?

There is a wide range of governmental and non-governmental institutions whose main or secondary task is to represent children's rights. There is no central "monitoring body" with direct enforcement power, nor is this either conceivable or sensible. The Convention on the Rights of the Child is ultimately applicable law through ratification and is therefore monitored in the same way as all other laws. However, as the provisions are mostly very general, it is hardly possible to derive specific individual rights from the individual articles.

 

Article 43 concerns the establishment of a Committee on the Rights of the Child. The Committee consists of "ten experts of high moral standing and recognized competence in the field covered by the present Convention". There do not appear to be any children (or adolescents) among them. Why not?

The solution to participation does not lie in a "quota" for children on each panel. The question of how children's perspectives can be included in such a reporting body is complicated.

 

To what extent are children and young people in Germany involved in important decisions that affect them?

This is not easy to answer, partly because the topic has a huge scope. It ranges from individual decisions, such as the question of what type of school a child should attend, to legislative procedures. There is definitely room for improvement here, but the following also applies: it is complicated to organize participation in decisions in such a way that it is not a fig leaf and also leaves responsibility where it belongs.

 

Article 28 emphasizes the right of every child to education and school. To what extent does Germany live up to its educational mandate?

This is actually an area where we have a lot of catching up to do. As a wealthy country, we are scandalously unsuccessful in compensating for educational disadvantages in schools; origin still plays a decisive role in school success. A very well-equipped childcare and school infrastructure is one of the most urgent tasks that Germany has in my view.

 

How can we as an educational institution, especially at the University of Kassel, contribute to the protection of children's rights?

In many different ways. For example, many people study at the University of Kassel who will become teachers after their studies or work in social work with or for children and can thus contribute to the protection of children's rights. But children's rights are also important in areas where the connection is not obvious: in business or architecture, for example. Ultimately, every educational institution that trains and educates the designers of tomorrow will hopefully contribute to overcoming the challenges of our time so that today's children have a good life situation as adults. And once again in more concrete terms: The University of Kassel as an educational opportunity in the region offers opportunities for very heterogeneous groups: For example, for parents, by creating study conditions that are compatible with caring responsibilities. It also makes studying conceivable for children who are the first students in their families.

 

 

You can find the wording of the UN Convention on the Rights of the Child here: https://www.unicef.de/informieren/ueber-uns/fuer-kinderrechte/un-kinderrechtskonvention