3.1 – Recognise and uphold the rights of children and young people in the provision of services

By the end of this chapter, the learner should be able to:

• List and explain the rights of children and young people 
• Explain the core principles of the UN Convention on the Rights of the Child
• Explain the rights of children in early years settings. 

Children’s rights

Anyone providing services to children and young people must understand and protect their rights. They should work with the child’s best interests in mind and set a good example for how children should be treated. Children and young people have the same human rights as adults, and they also have the right to special protection due to their vulnerability to exploitation and abuse. The main international human rights treaty on children’s rights is the United Nations Convention on the Rights of the Child (CRC) which Australia ratified in 1990. This means that Australia and other countries worldwide must ensure that all children enjoy these rights. The Convention sets out the civil, political, economic, social, and cultural rights to which all children are entitled.

The core principles of the CRC, as stated by the Australian Human Rights Commission, are:

• Respect for the best interests of the child is a primary consideration 
• The right to survival and development 
• The right of all children to express their views freely on all matters affecting them
• The right of all children to enjoy all the rights of the CRC without discrimination of any kind. 

The Convention ensures that all children and young people, regardless of whether they have a disability or illness, are viewed as being entitled to the same human rights as adults with additional special protection. It also encourages children’s participation and allows their voices to be heard, so they have the right to form and express their own opinions when decisions are made that could affect their lives. 

Early years settings

The UN Convention on the Rights of the Child also states the rights that are specific to working with children in the early years. These rights apply to all children around the world. The early years are a very important time for a child as they are constantly learning and developing, so those who are working with children must have their best interests at heart, be aware of their rights, and make sure children are protected by them daily. They should also make sure children are aware of their rights by incorporating them into curriculum and activities so that children can learn what is and isn’t acceptable and feel valued. This will help children and young people to have the best start in life.

Children’s rights in early years settings include:

• Children have the right to live and should have a name
• Children should live with their parents or someone who cares for them
• Children should be listened to and be able to say what they think about things 
• Children should be able to find out things 
• Children should be able to worship as they wish 
• Children should be able to meet together and have friends 
• Children should be safe from harm. No child should be hurt by a grown-up or child
• Children in need of special care should get it
• Children should have clean water, food that is good for them, a clean place to live, and good health care
• Children should be able to go to school
• Children should be allowed to play 
• Children should not be allowed to do dangerous work 
• Everyone, children and adults should know about children’s rights. 
• Children should be protected from activities that stop them from growing up in a healthy, happy way

It is the duty of anyone working with children to look out for them and prevent them from harm. You also must provide a safe and secure environment for children and young people to flourish in, and you should allow them to participate and have their voices and opinions heard. Therefore, if you notice any issues or anything wrong, you should report it immediately to child protection agencies to help protect the child from further harm. 

Child-focused work practice

People working with children have a responsibility and duty to provide a safe environment for them. They can have a big impact on children’s lives and development, so it is important to consider and uphold the children’s needs and rights and adapt these to the workplace environment. Being child-focused is based on the belief that every child or young person has the right to a safe passage through childhood and the right to grow in an environment free from harm. It also means that the child’s needs and welfare are the primary concern and the primary focus of practice. Professional knowledge and practice need to be examined in terms of the potential for furthering the best interests of children and young people.

Child-focused practice includes:

• Listening to the child or young person
• Being understanding with them and trying to see things from their point of view
• Showing that you believe the child or young person and take them seriously 
• Respecting them and their wishes 
• Communicating with them on their level 
• Treating them as an individual with rights 
• Having realistic expectations 
• Showing empathy and being patient 
• Focusing on the child’s or young person’s needs 
• Make sure they participate in decision-making 
• Maintaining appropriate boundaries 
• Accommodating special needs and different cultures 
• Promoting positive experiences and outcomes 
• Making sure services are relevant, accessible, and child-friendly.

It is the duty of anyone working with children to look out for them and prevent them from harm. You also must provide a safe and secure environment for children and young people to flourish in, and you should allow them to participate and have their voices and opinions heard. Therefore, if you notice any issues or anything wrong, you should report it immediately to child protection agencies to help protect the child from further harm.

Child-focused work practice

People working with children have a responsibility and duty to provide a safe environment for them. They can have a big impact on children’s lives and development, so it is important to consider and uphold the children’s needs and rights and adapt these to the workplace environment. Being child-focused is based on the belief that every child or young person has the right to a safe passage through childhood and the right to grow in an environment free from harm. It also means that the child’s needs and welfare are the primary concern and the primary focus of practice. Professional knowledge and practice need to be examined in terms of the potential for furthering the best interests of children and young people.

Child-focused practice includes:

• Listening to the child or young person
• Being understanding with them and trying to see things from their point of view
• Showing that you believe the child or young person and take them seriously
• Respecting them and their wishes
• Communicating with them on their level
• Treating them as an individual with rights
• Having realistic expectations
• Showing empathy and being patient
• Focusing on the child’s or young person’s needs
• Make sure they participate in decision-making
• Maintaining appropriate boundaries
• Accommodating special needs and different cultures
• Promoting positive experiences and outcomes
• Making sure services are relevant, accessible, and child-friendly.

Decision-making

Children and young people must be allowed to participate in age-appropriate decision-making to help them develop new skills and to give them a sense of responsibility. It is also important to be able to show them that they are taken seriously and have the same human rights as an adult. This will encourage them to form their own opinions and express how they feel.

Below are some ways you can encourage decision-making:

• Offer them choices in everyday scenarios 
• Ask them for help in choosing things
• Allow them to make decisions whenever possible 
• Encourage them to interact with other children 
• Teach them problem-solving skills 
• Talk to them and ask what their interests are.

3.2 – Employ ethical practices and observe professional boundaries when working with children and young people

By the end of this chapter, the learner should be able to:

Ethical and nurturing practices 

Ethics are very important and should be at the heart of everyday practice when working in children’s services. It involves thinking about your actions and decisions and responding respectfully, taking into account the individual’s needs and requirements. People working in a childcare setting should have the child’s best interest at heart at all times. You may experience ethical dilemmas in your work, which will require careful thought and consideration to achieve the best outcome. The ethical nature of working with children and young people is recognized by organizations and workplaces adopting a professional code of ethics for staff to follow. A code of ethics should be used as a guidance document for professionals working with children to help them cope with any difficult situations or issues that may arise in childcare settings. 

The Early Childhood Australia (ECA) Code of Ethics is designed especially for early childhood education and care environments and is based on the principles of the UN Convention on the Rights of the Child (1991). It reflects current pedagogical research and practice and provides a set of statements about the ethical responsibilities and expected behavior of early childhood professionals who work with or on behalf of children and families in early childhood settings. The ECA Code of Ethics also acknowledges Aboriginal and Torres Strait Islander traditional ways of being and caring for children.

The core principles in the Code of Ethics are based on the fundamental principles of the profession. They are designed to guide decision-making with ethical responsibilities, and they require a commitment to respect and maintain the rights and dignity of children, families, colleagues, and communities.

The core principles in the ECA Code of Ethics are:

• Each child has unique interests and strengths and the capacity to contribute to their communities
• Children are citizens from birth with civil, cultural, linguistic, social, and economic rights
• Effective learning and teaching are characterized by professional decisions that draw on specialized knowledge and multiple perspectives
• Partnerships with families and communities support shared responsibility for children’s learning, development, and wellbeing
• Democratic, fair, and inclusive practices promote equity and a strong sense of belonging
• Respectful, responsive, and reciprocal relationships are central to children’s education and care
• Play and leisure are essential for children’s learning, development and wellbeing
• Research, inquiry, and practice-based evidence inform quality education and care.

Commitments to Action about children include acting in the best interests of all children, creating and maintaining safe, healthy, inclusive environments that support children’s agency and enhance their learning, and providing a meaningful curriculum to enrich children’s learning, balancing child and educator-initiated experiences.

Licensing

Australia has a dual regulatory system for the provision of childcare. This is because the state and territory governments and the Australian Government have different roles and responsibilities. 

There are two types of approvals:

• Provider and service approval from your state or territory government (National Law) – this approval deems you suitable to ensure children’s health, safety, and wellbeing under the National Law. To be approved for this, you will need to demonstrate you understand your obligations under The National Law and Regulations. The National Law sets a national standard for children’s education and care across Australia. National Regulations support the National Law by providing details on various operational requirements for an education and care service.
• Provider and service approval from the Australian Government (Family Assistance Law) – this approval deems you suitable to administer Child Care Subsidy (CCS) under The Family Assistance Law. If you are applying for CCS approval, you must demonstrate you understand your obligations under the Family Assistance Law. Children’s education and care providers must be approved under National Law to be eligible to administer CCS.

A childcare provider can operate and charge fees for childcare services if they are approved under National Law, even if they are not approved by the Australian Government under Family Assistance Law. 

State and territory governments are responsible for ensuring providers are meeting standards for the safety, health, and well-being of children. They do this through the National Quality Framework under the National Law and National Regulations.

To be approved under the National Law, providers and services must meet the requirements of the National Quality Framework, which provides a national approach to regulation, assessment, and quality improvement for childcare services across Australia. The National Quality Standard sets the benchmark for the quality of education and care services and promotes the safety, health, and well-being of children by assessing and rating approved services. 

Key aspects of the National Quality Framework include:

• Specified educator-to-child ratios so that each child receives the individual time and attention they need
• An approved learning framework to support each child’s learning and development
• Educator qualification requirements so that educators are better able to lead activities that inspire children and help them learn and develop
• An assessment and ratings system so that parents know the quality of early learning and child care being provided and can make informed choices.

The Australian Government is responsible for the administration and payment of Child Care Subsidies and Additional Child Care Subsidy for families. This is done under the Family Assistance Law, which sets out the entitlement families have to subsidies and the rules that apply to childcare providers who provide subsidized care to children. To become an approved provider under Family Assistance Law, a provider must hold the required approvals or licenses to provide child care in the state or territory in which the child care services operate.

Accreditation registration to professional bodies 

Registration is not a requirement for early childhood teachers (ECTs) under the National Quality Framework (NQF); however, it is a requirement under some state and territory legislation. You will need to contact your local teacher regulatory authority in your state or territory to find out more information: https://www.acecqa.gov.au/qualifications/early-childhood-teacher-registration-and-accreditation. Below are the Teacher regulatory authorities for the different states and territories:

• Australian Capital Territory – Teacher Quality Institute
• New South Wales – NSW Education Standards Authority
• Northern Territory – Teacher Registration Board of the Northern Territory
• Queensland – Queensland College of Teachers
• South Australia – Teachers Registration Board of South Australia
• Tasmania – Teachers Registration Board of Tasmania
• Victoria – Victorian Institute of Teaching
• Western Australia – Teacher Registration Board of Western Australia.

There are several other organizations and professional bodies that can provide help and support to people working with children and young people. For example, this includes the Australian Institute of Family Studies, Early Childhood Australia, Department of Education, and Australian Childcare Alliance. These, along with many other organizations, can be found here: https://www.acecqa.gov.au/help/links 

Professional boundaries 

Professional boundaries are essential for developing and maintaining safe and appropriate relationships with children and young people in care settings. A caregiver can have a positive impact on the child’s future and provide them with good experiences growing up. However, the professional boundary can be breached if the carer misuses their power and takes advantage of the child’s trust, which could affect the child’s safety and welfare. Therefore, when interacting with children, professionals should be careful of engaging in certain behaviors with them and consider the implications and consequences of their actions at all times. The needs of the child should always be at the forefront of your mind and should influence the decisions you make in your role. 

Professional boundaries can sometimes be broken without you being aware, and this can have a detrimental effect on the relationship and the child and can also result in disciplinary action. Professionals working with children should be provided with guidelines, such as the code of ethics, to inform and guide them about managing professional boundaries. This will help them to understand the importance of boundaries, minimize the risk of any boundary violations occurring, and encourage them to use their judgment positively in situations. 

Examples of professional boundary violations:

• Treating a child differently from others and favoring them
• Being more of a friend or counselor to the child than your actual role
• Meeting the child or young person outside of the workplace 
• Using power or authority to harm them 
• Offering money to a child or young person 
• Buying them new clothing or gifts 
• Talking to them inappropriately or about personal matters 
• Using social media to interact with them outside of the workplace 
• Asking them inappropriate and personal questions 
• Offering them advice beyond your job role.

If you are considering helping a child or young person who is mistreated or disadvantaged or offering them your advice because they have come to you and want to talk, you should discuss this with your supervisor first. Be open and honest with your supervisor about your intentions to find out what their thoughts are and whether you would be violating any professional boundaries by doing this. It is important to do this before acting on anything, as it could have serious consequences for yourself and the child or young person.

Ethical decision-making

Ethical decision-making is a process by which educators or childcare providers choose a course of action to address an uncertain situation or resolve an ethical dilemma. This process is informed by professional ethics and by examining their beliefs, perceptions, and biases. It also involves considering the alternatives and potential consequences of your decisions. Following an ethical decision-making process will allow you to reflect on your practice and act in the best interests of children.

The principles of ethical decision-making include:

• Identifying and focusing on the facts of the situation
• Examining your values, beliefs, perceptions, and biases
• Consulting the Code of Ethics, relevant legislation, and your workplace policies
• Generate a list of options for a course of action and identify the potential consequences of each one
• Seek guidance and information from your employer, colleagues, or mentor
• Make your decision ensuring you are acting in the best interests of children and their families
• Document your decision and the results or outcome of your actions
• Reflect on the outcomes of your action and discuss the next steps if required.

Ethical decision-making model

The Australian Public Service Commission developed a decision-making model using the acronym REFLECT. This was designed to help a professional working with children evaluate and deal with any conduct that concerns them and help them make an ethical decision. 

• R and E stand for recognizing a potential issue or problem and examining the situation
• F stands for finding relevant information, such as gathering facts and evidence using the Code of Conduct 
• L stands for liaising and consulting with peers and supervisors to get help and advice with the situation 
• E stands for evaluating the options, figuring out what the best thing to do is based on the information gathered and what the risks could be 
• C stands for coming to a decision, considering whether you would need to get permission to do this, and recording your actions 
• T stands for taking time to reflect, considering whether you are happy with your decisions and whether you would do the same thing next time. 

Maintaining professional boundaries 

As long as you follow your organization’s code of ethics and work within the parameters of your role, maintaining boundaries with children and young people should come naturally, and you should be able to tell if something isn’t right before you take action. 

How you can manage professional boundaries:

• Follow work policies and procedures and legislation
• Be aware of your role and work within these parameters 
• Be professional, open, and honest at work
• Treat all children equally and with respect 
• Report any issues or concerns you have about a child or young person
• Provide a safe and secure environment for children 
• Understand when something needs to be kept confidential 
• Build a trusting relationship with every child in your care
• Supporting and encouraging children’s relationships with their parents 
• Ask your supervisor for advice if you’re unsure about whether to do something. 

3.3 – Recognise and report indicators for ethical concerns when working with children and young people

By the end of this chapter, the learner should be able to:

• Explain what ethics are and why they are important 
• Recognize and explain potential ethical concerns when working with children and young people
• Report any indicators of potential ethical concerns in the workplace.

Ethical concerns 

It is important to be able to recognize potential ethical concerns in the workplace so you can report any indicators immediately. Ethics are moral principles that affect how people make decisions and live their lives daily. It is about doing what is right for people and society and can be described as moral philosophy. The term comes from the Greek word ethos, which means custom, habit, character, and disposition. Ethics are usually concerned with other people’s interests or the interests of society instead of our own, and they can affect the way we behave, encouraging us to do good instead of bad if we realize our actions would be unethical. 

However, it is important to distinguish between ethical and legal issues and to identify whether a certain issue has both legal and ethical implications. For example, the legal responsibility in children’s services is the worker’s duty of care to children, which states that they must report any suspected child protection issues by law. An ethical issue could involve being honest with children and colleagues, which is something that would be expected of you at work, but it is not legally required. Ethical issues don’t have any law behind them, but they can affect people around you, and unethical behavior can have serious consequences. 

Examples of unethical conduct would be:

• Treating children in different ways and not equally 
• Avoiding helping a child or young person because you don’t like them
• Not giving certain children or families the help and advice they need
• Buying gifts for children or young people 
• Asking them for personal information about themselves or their family
• Talking to them about personal issues 
• Meeting the child or young person outside of the workplace 
• Interfering with the child or their family outside of the workplace 
• Building a personal relationship with them that goes beyond your role.

Reporting ethical concerns 

You must be professional and follow workplace policies, procedures, and code of conduct when carrying out your role. You should adhere to them at all times to ensure you are behaving ethically and in the way that the company expects you to. If you notice any ethical concerns in the workplace by other members of staff, then you should speak to your supervisor and report it so they can investigate it further. It is important to report anything unethical to help children and protect them from harm.

If anyone asks you for advice regarding an ethical dilemma they are dealing with, you should advise them to speak to their supervisor and refer to the code of conduct and use it as a guide to making their decision. You should avoid offering advice to people in the workplace as it could land you in trouble if it turns out to be incorrect advice, and it could also have serious consequences for everyone involved. 

4. References

ACECQA, Approved provider reporting requirements: https://www.acecqa.gov.au/resources/applications/reporting. 

ACECQA, National Law: http://www.acecqa.gov.au/national-quality-framework/national-law-and-regulations/national-law.

ACECQA, Opening a new service: https://www.acecqa.gov.au/resources/opening-a-new-service#More%20resources. 

AIFS, Australian child protection legislation: https://aifs.gov.au/resources/resource-sheets/australian-child-protection-legislation                                                             

AIFS, Child maltreatment in organizations: risk factors and strategies for prevention: https://aifs.gov.au/resources/policy-and-practice-papers/child-maltreatment-organisations-risk-factors-and-strategies. 

AIFS, Mandatory reporting of child abuse and neglect: https://aifs.gov.au/cfca/publications/mandatory-reporting-child-abuse-and-neglect.

Aussie Childcare Network, ECA – Code of Ethics: https://aussiechildcarenetwork.com.au/articles/childcare-articles/eca-code-of-ethics. 

Australian Childhood Foundation, The impact on children: https://www.childhood.org.au/the-impact/. 

Australian Human Rights Commission, About children’s rights: https://www.humanrights.gov.au/our-work/childrens-rights/about-childrens-rights. Unicef, How we protect children’s rights: https://www.unicef.org.uk/what-we-do/un-convention-child-rights/ 

Barnardos, Child sexual abuse: https://www.barnardos.org.uk/what-we-do/protecting-children/sexual-abuse. 

BBC, What is ethics?: http://www.bbc.co.uk/ethics/introduction/intro_1.shtml

Better Health Channel Victoria, Recognising when a child is at risk: https://www.betterhealth.vic.gov.au/health/servicesandsupport/recognising-when-a-child-is-at-risk. 

Centers for Disease Control and Prevention, Risk and protective factors: https://www.cdc.gov/violenceprevention/childabuseandneglect/riskprotectivefactors.html.

Child protection agencies (AIHW): https://www.aihw.gov.au/reports-data/health-welfare-services/child-protection/links-other-information. 

Child Protection Manual, Interagency collaboration: https://www.cpmanual.vic.gov.au/our-approach/multi-disciplinary-practice/interagency-collaboration. 

Child Welfare, Guiding principles of systems of care: interagency collaboration: https://www.childwelfare.gov/topics/management/reform/soc/history/interagency/. 

Child Welfare Information Gateway, Child factors that contribute to child abuse and neglect: https://www.childwelfare.gov/topics/can/factors/child/#health. 

Child Welfare, Promoting protective factors: https://www.childwelfare.gov/pubPDFs/in_risk.pdf.

College of Early Childhood Educators, Ethical decision-making: https://www.college-ece.ca/en/Documents/Practice-Note-Ethical-Decision-Making.pdf 

Department of Education, What approvals or licenses are required?: https://www.education.gov.au/child-care-package/child-care-provider-handbook/becoming-approved-provider/what-approvals-or-licences-are-required. 

Early Childhood Australia, Code of Ethics: https://www.earlychildhoodaustralia.org.au/our-publications/eca-code-ethics/ 

Education Victoria, Understand your obligations to protect children: https://www.education.vic.gov.au/childhood/professionals/health/childprotection/Pages/ecunderstanding.aspx.

Health Autism Centre, How to have fun, build rapport, and help your child learn: https://www.healisautism.com/post/have-fun-build-rapport-help-your-child-learn. 

Health Direct, Child abuse: https://www.healthdirect.gov.au/child-abuse. 

Health NSW, Youth-friendly communication: https://www.health.nsw.gov.au/kidsfamilies/youth/Documents/youth-health-resource-kit/youth-health-resource-kit-sect-3-chap-1.pdf. 

NCTSN, Complex trauma effects: https://www.nctsn.org/what-is-child-trauma/trauma-types/complex-trauma/effects

No Violence, Adolescent to parent abuse – the facts: https://noviolence.org.au/wp-content/uploads/2016/06/adoltopar.pdf. 

NSPCC, Physical abuse: https://www.nspcc.org.uk/what-is-child-abuse/types-of-abuse/physical-abuse/. 

Queensland Government, Effects of child abuse: https://www.qld.gov.au/community/getting-support-health-social-issue/support-victims-abuse/child-abuse/what-is-child-abuse/child-abuse-effects. 

Raising Children, Active listening with pre-teens and teenagers: https://raisingchildren.net.au/pre-teens/communicating-relationships/communicating/active-listening 

Safe Steps, Psychological abuse: https://www.safesteps.org.au/understanding-family-violence/types-of-abuse/psychological-abuse/#. 

Saprea, 11 factors that increase the risk of child sexual abuse: https://defendinnocence.org/child-sexual-abuse-risk-reduction/proactive-parenting/reduce-risk/11-factors-that-increase-the-risk-of-child-sexual-abuse/. 

Teacher Registration Board, Professional boundaries guidelines: https://www.trb.nt.gov.au/professional-responsibilities/teaching-practice/professional-boundaries-guidelines 

Unicef, Communicating with children: http://www.unicef.org/cwc/

Victoria State Government Families, Fairness and Housing, Services: http://www.dhs.vic.gov.au/for-individuals/children,-families-and-young-people/child-protection/about-child-abuse/what-is-child-abuse. 

Welfare Information Gateway, Protective factors to promote wellbeing and prevent child abuse & neglect: https://www.childwelfare.gov/topics/preventing/promoting/protectfactors/. 

What to Expect, Abuse and Domestic Violence During Pregnancy: https://www.barnardos.org.uk/what-we-do/protecting-children/sexual-abuse. 

Yerp, Communicating with young people: https://yerp.yacvic.org.au/build-relationships/involve-young-people/communicating-with-young-people.