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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 undertake to respect the rights of children (which always means all people under the age of 18) and to take them into account in their laws. To mark World Children's Day on September 20, we interviewed Prof. Dr. Theresia Höynck, Professor of Child 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, no one 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 under very problematic conditions. The overall direction is right, but there is still a lot to be done and there are always steps backwards.

 

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 accumulate among certain groups, reinforce each other and thus together increase the risk for very many problems. I have just come from the German Youth Court Day, where we are talking about young people who have committed criminal offenses: the children and young people who are conspicuous for seriously problematic criminal offenses have very 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, who monitors their observance?

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; that is neither conceivable nor sensible. After all, the Convention on the Rights of the Child is ultimately valid law by virtue of ratification and is monitored in the same way as all other laws. Since the regulations are mostly very general, it is hardly possible to derive concrete 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 this Convention." There do not appear to be any children (or adolescents) on it. Why not?  

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

 

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

That's not easy to answer, not least because the topic covers a huge range. It ranges from individual decisions, such as the question of a child's school type, to legislative procedures. There is definitely room for improvement here, but here, too, 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 is Germany living up to its educational mandate?

In fact, this is an area where we have an immense need to catch up. As a rich country, we do a scandalously poor job of compensating for educational disadvantages in schools, and origin is still a major factor in determining 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 or work in social work with or for children after their studies and can thus contribute to the protection of children's rights. But children's rights are also important in places where the context is not obvious: in business or architecture, for example. Ultimately, every educational institution that (educates) the designers of tomorrow hopefully contributes to meeting the challenges of our time so that the children of today find a good living situation as adults. And again more concretely: The University of Kassel as an educational opportunity in the region offers opportunities for very heterogeneous groups: For parents, for example, by creating study conditions that are compatible with care responsibilities. It also makes studying conceivable for children who are the first students in their families.

 

 

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