Realising Children's Rights in Education: Embedding the UNCRC in Policy and Practice

Establishing the Imperative of Children's Rights in Education

The global discourse on human rights increasingly recognises children not merely as recipients of care but as active rights-holders with distinct entitlements (Björnsdóttir and Einarsdóttir, 2017). This perspective calls for a thorough rethinking of education systems—placing children’s rights at the heart of both teaching practice and school governance. The United Nations Convention on the Rights of the Child (UNCRC), a landmark international treaty, offers a robust framework for embedding these rights into educational settings (Byrne, 2013). Its principles represent a clear shift away from purely welfare-based approaches, promoting instead the participation, protection, and empowerment of children within schools (Jones and Walker, 2011).

Despite the UNCRC’s widespread ratification, its practical implementation within education systems remains uneven (Hoefnagels, Van Spanje and Wijsbroek, 2019). Translating legal commitments into children’s day-to-day educational experiences presents persistent challenges (Gruskin et al., 2020). School environments play a vital role in shaping children’s cognitive, emotional, and social development, as well as their capacity for active citizenship (Mannion, 2003). In light of this, a critical examination of how education systems uphold—or undermine—children’s rights is essential to creating equitable, effective, and rights-respecting learning environments (Merry, 2019).

Thesis and Scope of the Analysis

In response to these tensions between principle and practice, this article critically examines the implementation of the UNCRC within contemporary education systems. It begins by outlining the historical development and foundational principles of the UNCRC, with particular attention to the articles most relevant to education. The analysis explores how these rights are currently reflected in policy and practice, using examples from the UK and international contexts. It identifies the systemic, cultural, and political barriers that hinder full implementation, alongside the consequences of inadequate adherence. The article concludes by proposing practical, forward-looking strategies for embedding children’s rights within school culture, pedagogy, and governance—ultimately supporting the holistic development and dignity of every learner.

Historical Context and Evolution of the UNCRC

The United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, marked a significant shift in how children are perceived in international law—not as passive recipients of care but as active rights-holders (Björnsdóttir and Einarsdóttir, 2017). Its roots lie in earlier efforts, such as the 1924 League of Nations Declaration and the 1959 UN Declaration, which laid early foundations for child welfare (Isaacs, 2017). Unlike its predecessors, the UNCRC synthesised these ideas into a legally binding framework that articulates children’s civil, political, economic, social, and cultural rights (Byrne, 2013).

The widespread ratification of the Convention—initially adopted by over 170 countries—demonstrates a global consensus on improving the lives and future prospects of children (Björnsdóttir and Einarsdóttir, 2017). Crucially, the UNCRC affirms children as individuals with independent rights and reframes childhood as a socially constructed concept rather than a fixed age-based category (Björnsdóttir and Einarsdóttir, 2017). This shift places an imperative on states to integrate the Convention's principles into national law and policy, particularly in areas such as education (Olsson, 2020).

Core Principles and Foundational Articles Relevant to Education

The UNCRC is anchored by four guiding principles:

• Article 2: Non-discrimination
• Article 3: The best interests of the child
• Article 6: The right to life, survival, and development
• Article 12: Respect for the views of the child
  (Vaghri et al., 2020)

These principles form a holistic, social justice-oriented framework. They obligate states to ensure that all children, without exception, can access and meaningfully benefit from their rights, especially within educational systems.

Article 12: Respect for the Views of the Child

Article 12 grants children the right to express their views freely in all matters affecting them, with those views given due weight according to age and maturity (Hoefnagels, Van Spanje and Wijsbroek, 2019; Gísladóttir, 2019). This article underpins democratic educational practices, calling for student voice in areas like curriculum development, classroom dynamics, and school governance (de Róiste et al., 2012; Cassidy, 2017). It challenges adult-dominated decision-making by recognising children as competent social actors (Broström, 2012; Theobald, Danby and Ailwood, 2011).

When students are encouraged to articulate their experiences—particularly around engagement or disengagement—they offer valuable insights for improving educational practice. Research shows that most children value their participation rights highly, and that this perceived importance increases when children experience discrimination (Burger, 2019).

Article 13: Freedom of Expression

Building on Article 12, Article 13 guarantees children the freedom to seek, receive, and share information and ideas through any medium (Jones and Walker, 2011). This includes artistic, visual, and non-verbal forms of communication, encouraging children to express their understanding of their social and cultural world (Bland, Carrington and Brady, 2009). Creative methods—such as visual storytelling or collaborative group projects—can foster reflection, empathy, and engagement. In this way, Article 13 supports the creation of inclusive, responsive classroom cultures.

Article 28: Right to Education

Article 28 affirms every child’s right to education. It obliges states to ensure free and compulsory primary education, while also promoting access to secondary education and encouraging regular school attendance (Aarfin, 2014; Jones and Walker, 2011). However, realising this right involves more than access. Schools must create inclusive environments where children feel respected, supported, and safe—core components of a rights-respecting education (Dimitrellou and Hurry, 2018).

Article 29: Aims of Education

Article 29 expands on what education should achieve. It highlights the development of each child’s personality, talents, and abilities to their fullest potential. Education should prepare children for responsible life in a free society, based on peace, tolerance, and mutual respect among all peoples (Jones and Walker, 2011). This article moves beyond academic attainment, emphasising emotional and social development. Integrated across the curriculum, such outcomes contribute not only to educational success but also to children’s overall well-being and future life chances (Main and Whatman, 2023).

Article 31: Right to Rest, Leisure, and Cultural Life

Often overlooked, Article 31 recognises the child’s right to rest, leisure, play, and participation in cultural and artistic life (Jones and Walker, 2011). These activities are not ancillary but essential for development. Play, in particular, supports learning, social skills, and emotional regulation (Huser, 2019; Senowarsito and Musarokah, 2018). Schools that integrate opportunities for creative and expressive engagement promote a more holistic and rights-aligned educational experience (Bland, Carrington and Brady, 2009).

The UNCRC in International and UK Education Policy Frameworks

Globally, the UNCRC has prompted many governments to align their education policies with its provisions (Olsson, 2020). In Sweden, for instance, the Convention was incorporated into domestic law in 2020, with an emphasis on improving professionals’ knowledge of children’s rights. However, a review of Swedish teacher education syllabi revealed limited guidance on embedding these rights into teaching practices—highlighting a gap between policy ambition and practical preparation (Olsson, 2020).

The UK shares similar challenges. While the Convention is ratified, its incorporation into law varies across the four nations. Though the principle of inclusion is widely supported, its implementation—especially for pupils with Special Educational Needs and Disabilities (SEND)—remains complex (McMurray and Thompson, 2016). Policy efforts increasingly emphasise student participation, but broader social inclusion, as framed by the UNCRC, is not always explicitly addressed (Mannion, 2003). This disconnect points to the need for more integrated, rights-based approaches within policy and practice.

Rights-Respecting Schools and Models of Youth Participation

"Rights-Respecting Schools" represent one approach to embedding UNCRC principles into education. These whole-school frameworks promote teaching about, through, and for children’s rights (Cassidy, 2017; Vaghri et al., 2020). By involving children in decision-making, these models aim to transform school culture—positioning students as active collaborators in their learning (Rauch, 2020).

Case Studies of Implementation

Case studies offer practical insights into how rights-based principles can be applied:

• Student-led research: “Young People as Researchers” projects empower students to explore issues like engagement in their own schools. In one example, pupils used focus groups, observations, and image-based methods to examine learning environments and teacher-student relationships (Bland, Carrington and Brady, 2009). This process enhanced empathy, research skills, and aspirations toward higher education.
• Participatory design: Children have been involved in shaping school spaces—bringing their lived experiences into planning and design decisions (Can and İnalhan, 2017). In Scotland, participatory redesign of school grounds fostered spatial and relational learning, challenging conventional school structures (Mannion, 2003).

These initiatives demonstrate that when children are supported to influence decisions, their sense of belonging and the relevance of education are significantly enhanced (Theobald, Danby and Ailwood, 2011).

Inclusive Education and Marginalised Groups

Inclusive education is a core tenet of the UNCRC. It advocates for all children—regardless of background, ability, or identity—to learn together in mainstream settings (Zambrano et al., 2020). Effective inclusion is linked to a strong sense of belonging, particularly for pupils with Special Educational Needs and Disabilities (SEND) and those with Social, Emotional, and Mental Health (SEMH) difficulties (Dimitrellou and Hurry, 2018; Merry, 2019).

However, inclusion is not without its challenges. Children with disabilities may be present in schools but still face participation barriers. For example, in Brazil, children with cerebral palsy engaged in school life but often required substantial support (Rézio and Formiga, 2014). Successful inclusion depends on teacher training, curriculum flexibility, parental involvement, and institutional commitment (Novitayanti and Tirtayani, 2019; Sari, 2020; Salceanu, 2020). While there is broad support for inclusion—especially for those with mild difficulties—issues such as staff preparedness and school ethos remain obstacles (Mohay and Reid, 2006).

Relational inclusion, which emphasises meaningful shared learning and contribution over physical presence alone, offers a valuable lens for rethinking what true participation looks like for every learner (Dalkilic and Vadeboncoeur, 2015).

Assessing Policy-Practice Gaps in Realising Children's Rights

Despite the UNCRC’s widespread ratification and the presence of national policies advocating for children’s rights in education, a significant gap remains between policy intention and practical implementation (Gruskin et al., 2020). Educational practice is shaped by a complex interplay of legal, cultural, political, and institutional forces (Young and Lewis, 2015). In many contexts, responsibilities for children’s services are delegated to regional or local authorities, making consistent national implementation challenging (Blair et al., 2019). This decentralisation often results in fragmented efforts and regional variation in applying rights-based approaches.

Furthermore, educational policies may not always fully incorporate children’s rights frameworks—particularly in areas such as inclusive education, where definitions and expectations remain contested (Petriwskyj, 2010). Although many policies promote inclusion, they often lack clear guidelines, benchmarks, or training pathways to support implementation (Francisco, Hartman and Wang, 2020). This policy ambiguity leads to inconsistencies in enforcement and undermines the effective delivery of rights-based education (Syachdin, 2018). When academic attainment is prioritised over holistic child development, these gaps are further exacerbated (Senowarsito and Musarokah, 2018).

Systemic Barriers to Implementation

The challenges to fully realising children’s rights in education are multifaceted. Three key systemic barriers are particularly influential:

1. Structural and Resource Constraints

Resource limitations remain a major barrier. Inadequate funding affects infrastructure, staffing, accessibility, and inclusive pedagogical tools (Gruskin et al., 2020). The rapid expansion of education systems without commensurate investment often leads to overcrowded classrooms and overstretched teachers (Blair et al., 2019). Additionally, many teachers report insufficient training in key areas such as special educational needs and social-emotional learning (Main and Whatman, 2023; Rodriguez, Dutra and Storto, 2017). As a result, they often feel unprepared to deliver inclusive or rights-aligned practices. In places like Central Java Province, for example, implementation has been hampered by lack of staff preparation and system-level support (Widyastuti and Astuti, 2020).

2. Cultural and Societal Attitudes

Cultural beliefs and societal attitudes can hinder the realisation of children’s rights, particularly where adult authority is unquestioned or children’s views are dismissed (Hoefnagels, Van Spanje and Wijsbroek, 2019). Children with disabilities frequently face stigma, exclusion, or low expectations from the wider community (Nesterova et al., 2020). Such attitudes reinforce top-down educational models and reduce opportunities for meaningful child participation (Mannion, 2003). In Bulgaria, for example, anti-Roma sentiment among non-Roma teachers has contributed to discriminatory practices despite policy reforms (Lambrev, Kirova and Prochner, 2020). These patterns highlight the need to address bias and challenge deficit-based assumptions about children.

3. Political Will and Governance

Strong political commitment and effective governance are essential for rights-based reform. Yet many regions lack the regulatory frameworks, monitoring systems, or leadership structures needed to implement policies consistently (Widyastuti and Astuti, 2020; Blair et al., 2019). Local-level autonomy can hinder cohesive national strategies, particularly where local leaders are not aligned with inclusive values. Moreover, where political agendas prioritise performance indicators over well-being or participation, rights-based practices may be deprioritised (Bhopal and Shain, 2014). Corruption, weak accountability, and insufficient law enforcement further undermine efforts (Syachdin, 2018).

Consequences of Partial or Inadequate Implementation

When children’s rights are only partially implemented in schools, the consequences are wide-ranging:

• For individual learners, disengagement rises—particularly during adolescence—resulting in poor attendance, reduced achievement, and early school-leaving (Bland, Carrington and Brady, 2009). Children from marginalised backgrounds are especially vulnerable, facing layered disadvantages and reduced opportunities.
• Emotionally, a lack of voice and recognition can diminish children’s sense of belonging and agency, contributing to alienation and anxiety (Hoefnagels, Van Spanje and Wijsbroek, 2019; Dimitrellou and Hurry, 2018). This can also increase the likelihood of bullying, discrimination, or exclusion—especially among children with disabilities or from ethnic minority groups (Gobbo, 2011; Nesterova et al., 2020).
• At the system level, gaps in teacher training and curriculum design compromise educational quality and equity (Main and Whatman, 2023). In conflict-affected areas, children’s educational rights are often entirely denied, with many drawn into labour or other exploitative circumstances (Aarfin, 2014; Hesketh, 2006).

Ultimately, systemic failure to uphold children’s rights undermines the development of inclusive, democratic societies. Poor educational outcomes are linked to increased welfare dependency, crime, and health costs—demonstrating the long-term social implications of inaction (Jones and Walker, 2011; Bland, Carrington and Brady, 2009).

Promising Practices and Unresolved Dilemmas

Despite these barriers, promising models offer hope for progress:

• Rights-Respecting Schools have shown success in embedding UNCRC principles into school life, promoting mutual respect, participation, and responsibility (Vaghri et al., 2020).
• Child-led research projects provide students with the tools to critically analyse their learning environments, fostering both engagement and empathy (Bland, Carrington and Brady, 2009). These projects exemplify Article 12 in action and show the power of student voice.
• Social and emotional learning (SEL) programs, when high in quality, can positively influence both academic and life outcomes. In Australia, embedding SEL into the national curriculum has helped foster emotional intelligence and resilience (Main and Whatman, 2023). The use of empathic imagination—encouraging learners to explore marginalised perspectives—adds a layer of critical reflection to these programs (Bland, Carrington and Brady, 2009).

However, complex dilemmas persist:

• Balancing collective and individual rights in diverse classrooms remains unresolved (Petriwskyj, 2010).
• Traditional educational models often resist flexible, child-centred approaches (Rauch, 2020).
• Socio-economic inequality and cultural bias continue to impact implementation, especially in under-resourced or marginalised communities (Nesterova et al., 2020).
• A lack of targeted health strategies for children across much of the EU/EEA reflects ongoing fragmentation in systems essential for holistic educational well-being (Blair et al., 2019).

These challenges emphasise that fully realising children’s rights in education is not a one-time achievement, but a continuous process of cultural, structural, and political transformation.

Synthesising Insights and Key Findings

The United Nations Convention on the Rights of the Child offers a robust international framework that redefines children as active rights-holders rather than passive recipients of care (Björnsdóttir and Einarsdóttir, 2017). Core articles—such as Article 12 (right to be heard), Article 13 (freedom of expression), Article 28 (right to education), Article 29 (aims of education), and Article 31 (right to rest and play)—collectively underpin an educational paradigm that champions participation, protection, and holistic development (Vaghri et al., 2020; Jones and Walker, 2011).

This review highlights a persistent gap between the UNCRC’s aspirational principles and their consistent implementation within education systems in the UK and internationally. While promising initiatives such as Rights-Respecting Schools and student-led research projects demonstrate how children's rights can be realised in practice (Bland, Carrington and Brady, 2009), widespread adoption remains hindered by systemic barriers. These include structural resource constraints, cultural attitudes that marginalise children’s voices, and weak political will and governance coherence (Gruskin et al., 2020; Nesterova et al., 2020).

The consequences of these gaps are far-reaching—contributing to educational disengagement, inequality, and poor outcomes for vulnerable groups (Bland, Carrington and Brady, 2009). Achieving meaningful rights-respecting education demands a strategic, multi-level response that addresses these challenges head-on.

Recommendations for Embedding Children’s Rights in School Culture and Governance

To advance children's rights meaningfully within education, the following actionable strategies are recommended:

1. Policy Alignment and Legislation

• Incorporate the UNCRC directly into domestic legislation, supported by clear implementation guidance in national and local education policy (Olsson, 2020).
• Broaden the focus from inclusion of specific groups to a systemic emphasis on social inclusion and active citizenship for all children (Mannion, 2003).

2. Teacher Professional Development

• Provide sustained, high-quality training on children’s rights, inclusive pedagogy, and social-emotional learning integration (Main and Whatman, 2023; Rodriguez, Dutra and Storto, 2017).
• Empower educators to confidently facilitate participation and embrace diversity in the classroom (Bland, Carrington and Brady, 2009).

3. Promoting Student Voice and Participation

• Embed mechanisms such as school councils, regular pupil feedback, and co-produced policies to ensure students’ views shape school life (Hoefnagels, Van Spanje and Wijsbroek, 2019).
• Encourage student-led research and participatory projects that empower children to explore and improve their learning environments (Bland, Carrington and Brady, 2009).
• Use creative and imaginative pedagogies that honour multiple forms of expression and support critical thinking (Bland, Carrington and Brady, 2009).

4. Fostering Inclusive School Environments

• Cultivate a strong ethos of belonging for all pupils, especially those from marginalised or minoritised backgrounds (Dimitrellou and Hurry, 2018).
• Challenge discriminatory attitudes through awareness initiatives for staff, students, and families (Nesterova et al., 2020).
• Ensure equitable access to resources and responsive practices tailored to diverse learning needs (Widyastuti and Astuti, 2020).

5. Accountability and Monitoring

• Establish indicators and regular monitoring processes to assess the realisation of children’s rights in schools.
• Promote transparent reporting, collaborative review, and shared responsibility among all education stakeholders.

Pathways Forward: Towards Comprehensive Rights-Respecting Education Systems

Building truly rights-respecting education systems requires sustained commitment, coordinated leadership, and a shift in mindset at all levels of educational practice. It is not solely about policy reform—it is about transforming everyday experiences for children within schools.

Prioritising children's rights is an investment in a fairer, more inclusive future. When education systems create environments where children are heard, safe, and empowered to flourish, they lay the foundation for socially just and democratic societies. Realising this vision is a continuous journey—demanding reflection, innovation, and an unwavering commitment to the best interests of the child as the guiding principle of all educational endeavours.