- States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
- States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.
-UN Convention on the Rights of the Child
Overview of Article 31
The initial proposal for recognition of the right to play during the CRC drafting process was included as a provision within the article on education, and described as having common purposes: namely, to develop abilities, individual judgement, a sense of moral and social responsibility and to become a useful member of society [1]. Subsequent debate highlighted the need to understand play as having a differing and broader meaning for children that could not be limited simply to an educational pursuit. Concern was also raised that the initial draft contained no recognition of the role of cultural life and the arts in the lives of children. Accordingly, the drafters gradually moved towards the development of a discrete article encompassing rest, leisure, play, recreation, cultural life and the arts. In its reporting guidelines, the Committee do include Article 31 within the cluster containing education, not with the intention of limiting its scope, but to indicate the strong links to this area [2].
Initially, the Committee on the Rights of the Child paid scant attention to Article 31. It has been described as the ‘forgotten right’ and for many years there was limited jurisprudence in respect of its implementation [3]. Indeed, the Committee recognises that, overall, it has been one of the most neglected rights in the reporting process, with States rarely seeking to reference measures undertaken to ensure its realisation [4-5]. It notes that the failure to prioritise Article 31 has led to lack of investment and weak or non-existent protective legislation, and that when investment is made it tends to be orientated towards structured and organised activities rather than ensuring the time and space for children to engage in spontaneous play, recreation and creativity. Multiple barriers have been identified as impeding the implementation of Article 31, many of which are attitudinal rather than resource based and indicate the need for a commitment to building social norms that value Article 31 rights. They highlight that challenges exist in countries at all income levels and include: lack of recognition of its importance, unsafe and hazardous environments, resistance to children’s use of public spaces, pressure for educational achievement, overly structured and programmed schedules, neglect of Article 31 in development programmes, lack of investment in cultural and artistic opportunities, growing role of digital media, and commercialization of children’s play [4-6].
In response to earlier neglect, and in recognition of the significance it now attaches to Article 31, the Committee has developed a General Comment elaborating in detail the obligations to respect, protect and fulfil the rights it embodies. It emphasises that all the constituent parts of Article 31 must be understood holistically and that they have implications for the CRC in its entirety. Play, recreation, rest, leisure and cultural life are not optional extras. They serve ‘to enrich the lives of children,…(and) describe conditions necessary to protect the unique and evolving nature of childhood’ and ‘their realisation is fundamental to … children’s entitlement to optimum development … (and) the promotion of resilience and to the realisation of other rights’ [5].
Core attributes of Article 31
The core attributes of Article 31 are:
- Rest and leisure
- Play and recreation
- Cultural life and the arts
- Creating appropriate and equal opportunities for enjoyment of Article 31 rights
Each of these attributes can be measured in terms of structural or process implementation or in terms of outcomes achieved through implementation as outlined in the table below. Some indicators, for instance the structural ones, may be common to all attributes. Others are common to two or more attributes, while some indicators may be relevant to one attribute only. An attempt has been made to balance the use of objective and subjective data indicators as well as qualitative and quantitative ones.
What did children say?
These are some ideas that children from around the world shared with us during the Global Child Rights Dialogue (GCRD) project:
Relevant provisions within the SDGs
- Goal 11 Make cities and human settlements inclusive, safe, resilient and sustainable.
- Target 11.7 Provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children.
Potential sources of data for users of the indicators sets
- Customized surveys for children in schools and communities
- Customized surveys for parents
- Data from local authorities
- National constitution and legislation
- National surveys and census data
- Primary research by National Human Rights Institutions for Children
- Research undertaken by academic institutions or NGOs
- School data, EMIS
- UNICEF MICS
References used for the overview
- Office of the United Nations High Commissioner for Human Rights (OHCHR). (2007). Legislative History of the Convention on the Rights of the Child. (Vol. 2, p.683). New York, United States of America and Geneva, Switzerland: United Nations. Retrieved from https://www.ohchr.org/Documents/Publications/LegislativeHistorycrc2en.pdf
- David, P. (2006). Article 31: The right to leisure, play and culture. In A. Alen, J. Vande Lanotte, E. Verhellen, F. Ang, E. Berghmans, & M. Verheyde (Eds.), A Commentary on the United Nations Convention on the Rights of the Child (p.15). Leiden, The Netherlands: Martinus Nijhoff Publishers.
- United Nations Children’s Fund (UNICEF). (2007). Implementation handbook for the Convention on the Rights of the Child (Fully rev. 3rd ed.). Geneva, Switzerland: UNICEF.
- United Nations Committee on the Rights of the Child. (2005). CRC General Comment No.7 (2005), Implementing child rights in early (para 34) (CRC/C/GC/7), (para. 34). Retrieved from https://www.refworld.org/docid/460bc5a62.html
- United Nations Committee on the Rights of the Child. (2013). General Comment No.17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (CRC/C/GC/17), (para. 2, 8, 33-47) Retrieved from https://www.refworld.org/docid/51ef9bcc4.html
- United Nations Committee on the Rights of the Child. (2016). General Comment No.20 (2016) on implementing the rights of child during adolescence (CRC/C/GC/20), (para. 75). Retrieved from https://www.refworld.org/docid/589dad3d4.html
References used to create indicators
- A Chance to Play Southern Africa. (2017). The Child’s Right to Play: A Policy Brief for South Africa. A review of the status of the child’s right to play in South Africa, as protected by the United Nations Convention on the Rights of the Child’s article 31 and the African Charter on the Rights and Welfare of the Child’s article 12. Johannesburg, South Africa: A Chance to Play Southern Africa. Retrieved from https://www.oerafrica.org/system/files/13321/chance-play.pdf?file=1&type=node&id=13321&force=1
- Council of Europe. (2018). Recommendation CM/Rec(2018)7 of the Committee of Ministers to member Stateson Guidelines to respect, protect and fulfil the rights of the child in the digital environment. Retrieved from https://violenceagainstchildren.un.org/sites/violenceagainstchildren.un.org/files/documents/political_declarations/recomendation_of_the_committee_of_ministers_of_the_council_of_europe_to_member_states_on_guidelines_to_respect_protect_and_fulfil_the_rights_of_the_child_in_the_digital_environment.pdf
- Play England. (2009). Play indicators evaluation report, Ashley Godfrey Associates. England, United Kingdom: National Children’s Bureau &Play England. Retrieved from https://www.bl.uk/collection-items/play-indicators-evaluation-report
- United Nations Committee on the Rights of the Child. (2013). General Comment No.17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (CRC/C/GC/17), (para. 2, 8, 33-47). Retrieved from https://www.refworld.org/docid/51ef9bcc4.html
- United Nations General Assembly. (2015). Sustainable Development Goals. Retrieved from https://sustainabledevelopment.un.org/?menu=1300
- United Nations Children’s Fund (UNICEF). (2007). Implementation handbook for the Convention on the Rights of the Child (Fully rev. 3rd ed.). Geneva, Switzerland: UNICEF.
Glossary/key words
Leisure
“Leisure refers to the time in which play or recreation for children can take place. It is defined as free and unobligated time that does not involve formal education, work, home responsibilities, performance of other life sustaining functions or engaging in activity directed from outside the individual. In other words it is largely discretionary time to be used as the child chooses” (UN Committee on the Rights of the Child, 2013).
Play
“Children’s play is any behaviour, activity or process initiated, controlled and structured by children themselves; it takes place whenever and wherever opportunities arise. Caregivers may contribute to the creation of environments in which play takes place, but play itself is non-compulsory, driven by intrinsic motivation and undertaken for its own sake, rather than as a means to an end. Play involves the exercise of autonomy, physical, mental or emotional activity, and has the potential to take infinite forms, either in groups or alone. These forms will change and be adapted throughout the course of childhood. The key characteristics of play are fun, uncertainty, challenge, flexibility and non-productivity. Together, these factors contribute to the enjoyment it produces and the consequent incentive to continue to play. While play is often considered non-essential, the Committee reaffirms that it is a fundamental and vital dimension of the pleasure of childhood, as well as an essential component of physical, social, cognitive, emotional and spiritual development” (UN Committee on the Rights of the Child, 2013).
Principle of sufficiency
The concept of play sufficiency is one that involves a commitment to assessing and securing sufficient play opportunities for children in an area. It represents the ‘quantity and quality of opportunities for children to play’. The aim of the concept is to make real and meaningful changes that support children’s right to play as well as providing them with a wealth of opportunity and experience. It is a principle introduced into law for the first time by the Welsh Assembly in 2010 (Play Wales, n.d.).
Recreation
“Recreation is an umbrella term used to describe a very broad range of activities, including, inter alia, participation in music, art, crafts, community engagement, clubs, sports, games, hiking and camping, pursuing hobbies. It consists of activities or experiences, chosen voluntarily by the child, either because of the immediate satisfaction provided or because he or she perceives that some personal or social value will be gained by accomplishing them. Recreation often takes place in spaces specifically designed for it. While many recreational activities may be organized and managed by adults, recreation should be a voluntary activity. Compulsory or enforced games and sports or compulsory involvement in a youth organization, for example, do not constitute recreation” (UN Committee on the Rights of the Child, 2013).
Universal design
“‘Universal design’ means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. ‘Universal design’ shall not exclude assistive devices for particular groups of persons with disabilities where this is needed” (UN DESA, n.d.).
© GlobalChild (2020)