Assessment 2: Moodle question (10%) Due: Week 5 Between 600 - 800 words This assessment is designed to help you develop an understanding about young people’s rights.Read the slides and answer the above mentioned question.
PowerPoint Presentation BACHELOR OF COMMUNITY SERVICES SPS202 Working with young people and their families Week 5: Young people’s rights www.stotts.vic.edu.au Last Week? What did we learn? Young people and the youth justice system: What is the purpose of the youth justice system? What legislation underpins youth justice systems? Why types of young people become involved with the youth justice system? What are some emerging youth justice issues? Take away messages? This week’s aim? The aim of this week’s lecture is to provide students with an understanding about challenges associated with giving young people a ‘voice’ and respecting their rights to self determination. This week’s content? What do we mean by young people’s rights? How might culture impact on views about young people’s rights? Why is it important for young people to have a ‘voice’? What are the challenges associated with giving young people a voice? How can we balance a young person’s best interest rights with their autonomy rights? 1. What do we mean by young people’s rights? Children and young people have: Best interests rights and Autonomy rights Best interest rights include the right… to be physically and emotionally safe to be safe from physical abuse, sexual abuse, emotional abuse and neglect (Lecture week 3) to be free from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse to protection from all forms of sexual exploitation and sexual abuse. to life, survival, and development of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. United Nations Convention on the Rights of the Child (1989) to the enjoyment of the highest attainable standard of health to education, to be free from discrimination to a name to a nationality to know and be cared for by his or her parents of a mentally or physically disabled child should enjoy a full and decent life, to rest and leisure, to engage in play and recreational activities to be protected from economic exploitation United Nations Convention on the Rights of the Child (1989) Participation rights include the right: to express their views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. to be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. to freedom of expression to freedom of thought, conscience and religion to freedom of association and to freedom of peaceful assembly. to access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. 2. How might culture impact on views about young people’s rights? There can be cultural differences regarding views about rights – e.g., to do with: physical chastisement/punishment expression of views participation in decisions that effect young people’s lives freedom of thought, conscience and religion freedom of association Hofstede’s (2001) Cultural Dimensions Theory, is a helpful framework used to understand cultural differences. Individualism Collectivism According to Hofstete, in individualist cultures: young people are more likely to be encouraged (or at least allowed) to exercise their autonomy rights. they are more likely to express their preferences and views, to think independently. the individual is viewed as the basic unit of society. individuals have a right to pursue their own individual happiness. independence, autonomy, initiative uniqueness are all valued. individuals have the right and responsibility to look after themselves. relationships are based on equality. In collectivist cultures: it is not so acceptable for a young person to voice his/her views, opinions and preferences. there is value on social order, harmony and prescribed roles. there are predefined norms and it can be difficult for young people to go against these norms. families/communities function as a group. it is believed it is right for individuals to sacrifice their good for the collective good – the good of the family or community and there may be some expectation on young people to do this. Power and respect is usually bestowed on adults and males According to Hofstede, the US, Australia, UK, Canada, and New Zealand, all rank high on individualism The remaining parts of the world (e.g. Eastern Europe, Asia, South America, Middle East, Sub-Saharan African, etc.) all rank more highly on collectivism. Many ethnic minorities in Western countries like Australia originate from non-Western countries high on collectivism. (Hofstede, 2001; Sawrikar & Katz, 2017) “School encourages you to speak your mind and stand up for your rights. Then you come home and hear ‘Listen to your elders, don’t argue with them. It’s inappropriate. Even if they’re wrong, just ignore it.’ ‘Don’t embarrass them. Don’t talk to adults like that.’ ” Kanshka, late 20s, married, half-Pushtan half-Tajik (p. 59) South Eastern Region Migrant Resource Centre (2009) “The elderly are revered. You should never have your back to them. This is really rude. You should never have your back to anyone, especially the elderly. You stand up to greet anyone. Kissing the hands of the elderly is still done. It is a sign of respect.” Toba, community leader, female (p.36) South Eastern Region Migrant Resource Centre (2009) “On special occasions up to three families are cooking and celebrating together. Children kiss adults’ hand. Young kids kiss the hand of the adult. This shows respect. Visitors take their shoes off!” Tajik mother of two (p. 31) South Eastern Region Migrant Resource Centre (2009) “In the Afghan culture, children respect their elders. That’s what I love. We listen to our elders, even if they’re five years older.” Shokria, community leader, Tajik, 11 years in Australia (p. 28) South Eastern Region Migrant Resource Centre (2009) Discuss: how do people in your culture view children’s and young people’s rights? 3. Why is it important for young people to participate and have a ‘voice’? There is official and widespread recognition of children and young people’s right to participation in decisions and policies that impact their lives. Taking children and young people’s views into account is valued in many countries. Sometimes there is a policy commitment to it. Sometimes children and young people’s participation is mandated by law. It fulfills the legal responsibilities required by the UN Convention on the Rights of the Child – article 12 – “States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.” It fulfills the requirements of State and Territory Child Protection legislation that consideration and weight be given to a child’s view and wishes. Other reasons why it is important for young people to have a ‘voice’. Because research tells us that children and young people want to be listened to. Research tells us that children and young people involved in child protection, out-of-home care and youth justice systems want to have contact with the practitioners who are involved with them. They want to be informed and have input into decisions that affect their lives. Other young people who are involved with the voluntary service system also want to have a voice and a say in decisions that affect their lives. Also … Because it is good for children and young people’s growth and development. When young people are listened to it enhances their self esteem and, their communications skills. If children and young people feel that they have some influence and power over their own circumstances then this has been shown to build resilience. Because it improves the accuracy and relevancy of decision making about their lives. (Bessant & Broadley, 2014) As a side issue, what has just been explained is an example of how theories and evidence influence legislation, policy and practice. By using their intuition and empathy researchers have a hunch/a theory that giving children and young people a voice might be good for their wellbeing, safety and development. They undertake research and research provides some confirmation of this. Although of course we need to remember that social research is highly contingent and can rarely unequivocally confirm anything. This is why we need to talk about evidence informed policy and practice – rather than evidence based policy and practice. Policy makers and practitioners are more likely to take on research findings if the findings agree with their practice wisdom. We can see how theory and evidence have had a part to play in informing policy development (e.g., UNCROC) and child protection legislation. 4. What are the challenges associated with giving young people a ‘voice’ There can be cultural barriers. Practitioners, like many adults, often don’t recognize young people’s capacities. They can underestimate what young people can do, what they know, and what they understand. They can fail to create an environment which enables young people to articulate their views. It can be difficult to know what it means to give a young person’s voice “due weight … according to the age and maturity of the child” (UNCROC). In other words - how much weight should be placed on what a child or young person says they want, if what they want is not considered to be in their best interests? This dilemma might be described as balancing a young person’s autonomy rights against their best interests rights. What would you think and how would you respond if … You are a child protection worker and: a 12 year old young person you are working with refuses to be placed in out-of-home care and insists that he remain in the care of his parent who has significant mental health and substance abuse issues? You are a youth worker and: A 15 year old young person you are working with tells you he was sexually abused by his uncle but he does not want you to tell anyone because if his mother finds out she wont believe it is true. He says his mother will be angry with him and believe he is just trying to break up the family. You worked in a family group home and: It is a 35 degree day and you are taking the young people in the home to the beach. A 15 year old wants to go to the beach with other young people and children but refuses to put on sunscreen?