Listen to thisTrigger warning: Examples of abuse are described below.
In grade 10 a teacher verbally abused me (Sam) for nearly an entire semester of school (that runs September to January). She’d hunt me down in other classes as well to say hurtful things to me, including pulling me out of my music classes. It was only in January when she finally stopped after reporting and fighting since the end of September. The reason for her harassment was just because I wanted to be able to leave the room if I was having a panic attack and go to a previously designated safe spot that had trained teachers who were able to support me. This was an accommodation that I had with no problems in all my other classes at the time. I had other teachers on my side too who knew that she wasn’t treating me right and they gave me extra support that semester. My days after school became full of panic attacks when I’d have to relive what happened every day so the abuse could be documented and then sent off to everyone possible. My resource teacher, who was designated in my school to work with students with extra learning needs and disabilities, tried engaging with her several times and nothing changed. There were many talks involving my parents and I with the school principal, vice-principal, and my resource teacher and then many attempts to try to file a formal complaint with the school district. The district refused to let my parents file a formal complaint as we “didn’t have proof” because this teacher did not allow phones in her room and there was no other way possible for me to obtain proof of her verbal abuse. Then we had to get the provincial child and youth advocate’s office as well our local federal Member of Parliament involved in order to finally get her to stop. I missed over 25 days of classes that semester because of the distress she caused me. The issue caused me such a significant amount of distress that I was still having panic attacks about it during my first year of university.
Tara’s eldest child struggled in grade two (aged 7) because their needs weren’t being met due to undiagnosed learning disabilities that were emerging. But the teacher was quick to blame and the school to penalize, rather than understand and support the child during this challenging time. How many times has this happened with this teacher in relation to other children before and afterwards this experience? How many times does this happen in our schools wherever they may be?
These examples highlight the influential role and power of professionals in the education system. While the majority of children may be supported within a school or school district or jurisdiction, it is very likely that a minority could be lost or suffering. Most teachers generally do their best with limited resources however there can be gaps. The two of us have come together to co-produce this short piece to emphasize the critical role of children’s rights, Child and Youth Care (CYC), and CYC professionals to be aware of these issues and respond appropriately and advance accountability when actions cause harm to children and youth. Relying on the lens of children’s rights and personal experiences,[1] we explore the children’s rights to education and non-discrimination in schools as well as the associated question of accommodations and accessibility in the school system and the ways that they are implemented. Children’s rights are critical for understanding the requirements and accommodations of disabled students and young people.
Children’s rights and education: Which rights are relevant?
Children and youth have human rights to education, which are outlined in a range of domestic, regional, and global human rights instruments and documents. For example, the United Nations (UN) Convention on the Rights of the Child ([CRC], 1989) outlines the right to education in article 28. But it is not enough for schools to formally provide this right. What happens (or doesn’t happen) during the schooling process? As a result, CRC article 29 is important because it enunciates the aims of education to ensure that the process and results are meaningful for young people. As States parties to the CRC, all countries in the world (except the United States of America) are required to “promote, support and protect the core value of the Convention: the human dignity innate in every child and his or her equal and inalienable rights” (UN Committee on the Rights of the Child, 2001, p. 2).
In addition to education rights, respect of children with disabilities is included in numerous human rights instruments including the African Charter On The Rights And Welfare Of The Child where article 13(1) provides the requirement of “special measures of protection in keeping with his[/their] physical and moral needs and under conditions which ensure his[/their] dignity, promote his self-reliance and active participation in the community” (Organization of African Unity [predecessor of the African Union], 1990). CRC article 23 provides specific rights of children with disabilities, which as the UN Committee on the Rights of the Child (2007) explains, includes protection from all forms of abuse no matter what the setting, highlighting the issues of a lack of structures to receive complaints and school bullying. The UN Convention on the Rights of Persons with Disabilities (2006) has a specific provision on education (article 24) affirming an inclusive education system at all levels and lifelong learning.
Given the major obstacle of discrimination that manifests itself in education in various ways across contexts (UNESCO, 1960, article 1), inclusive education must be included within children’s rights work. UNESCO’s (2005) Guidelines for Inclusion outline that: “inclusion is concerned with the identification and removal of barriers” and it must look at the diversity of “needs of all learners” (p. 13). Article 24 of the UN Convention on the Rights of Persons with Disabilities (CRPD, 2006) specifically recognizes the right to inclusive education. Exclusion not only affects people with disabilities but also others with additional identities as the UN Committee on the Rights of Persons of Disabilities (2016) recognizes. Discrimination particularly affects populations of people with disabilities including girls, Indigenous and Black populations, refugees, Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer/Questioning+ (2SLGBTQ+) young people, and others (e.g. Peter, Campbell, & Taylor, 2021; UNESCO, 2020). As a result, inclusion demands attention and action not only to support people with disabilities but also “on account of gender, age, location, poverty, disability, ethnicity, indigeneity, language, religion, migration or displacement status, sexual orientation or gender identity expression, incarceration, beliefs and attitudes” (UNESCO, 2020, p. 11). These various identities affect one another to create different forms of discrimination reflecting interlocking oppressions that impact individuals and groups in different and unique ways.
Our understanding of these rights should not be restricted to those people who are of traditional school-going ages since the human rights of children and youth are relevant to all those under the age of 18 (except where majority is attained earlier) as per CRC article 1. The UN Committee on the Rights of the Child (2006) highlights that:
Early childhood is the period during which disabilities are usually identified and the impact on children’s well-being and development recognized. Young children should never be institutionalized solely on the grounds of disability. It is a priority to ensure that they have equal opportunities to participate fully in education and community life, including by the removal of barriers that impede the realization of their rights. Young disabled children are entitled to appropriate specialist assistance, including support for their parents (or other caregivers). Disabled children should at all times be treated with dignity and in ways that encourage their self-reliance. (p. 17).
The Sustainable Development Goal #4 for education for all is also relevant (UNESCO, n.d.).
Greater implementation of children’s rights including education is needed around the world because: “Identity, background and ability dictate education opportunities. In all but high-income countries in Europe and Northern America, only 18 of the poorest youth complete secondary school for every 100 of the richest youth. In at least 20 countries, mostly in sub-Saharan Africa, hardly any poor rural young women complete secondary school” (UNESCO, 2020, p. 10). Challenges exist in and across high-income countries as well (UNICEF Office of Research, 2018).
No matter where children and youth are in the world, there are issues with respecting them in the classroom or school. For example, research in five countries in Asia (Cambodia, Indonesia, Nepal, Pakistan and Vietnam) to assess the school-related gender-based violence in and around school involving more than 9,000 girls and boys found a high prevalence of violence in schools and at home so that students feel unsafe and are more likely to perpetrate violence (Plan International and the International Centre for Research on Women, 2015). Violence, more commonly known as bullying, affecting other students was commonplace. UNESCO highlights the realities of this violence where: “One-third of 11- to 15-year-olds have been bullied” and even described how marginalized groups or “those perceived as differing from social norms or ideals are the most likely to be victimized, including sexual, ethnic and religious minorities, the poor and those with special needs” are more likely to experience it globally (2020, pp. 20-21). Queer students in New Zealand experience bullying three times more than their heterosexual/cisgender peers, and students with disabilities in Uganda experienced violence at a rate of 84% compared to 53% for their able-bodied peers (UNESCO, 2020, pp. 20-21). Sam was also affected in school as a queer, plus-sized, individual who is not shy about being a student with a disability.
Children with disabilities in the school system often fall through the cracks if they’re not outwardly “struggling enough”. Sam’s experience is mostly with fighting for accommodations for mental illnesses. While diversity may be explicitly encouraged by the schools and education systems, there can be many examples where diversity is not supported, safe, or accepted in schools in practice. If a student is “too disabled”, they’re pulled out of the classroom for many of their classes or have small group lessons which may not cater properly to them. In Sam’s case due to their two anxiety disorders, there was a “safe space” in the school if leaving class was necessary due to a panic attack or other form of extreme anxiety or distress. Classroom accommodations are hidden despite the fact that many students may be able to benefit from them whether they have a diagnosable condition or their learning style is just different from what schools assume it to be. As they were in a more rural area, their school showed homophobia and transphobia during their time there and it took fighting and luck in order to get accommodations due to systems with underlying forms of ableism.
Moving forward with commitment to inclusive education
Given such (and other) evidence, we must be concerned about students with disabilities who may be even more vulnerable. It is essential that Child and Youth Care is aware of such issues and not only concerned about reactive approaches but also proactive and systematic in their efforts about, and with young people. A culture of respect is supported with greater knowledge and awareness about children’s rights including the rights to good quality education, maximum development, and non-discrimination including children and youth with disabilities who should be supported through appropriate and equitable means. This means that CYCs should advocate with young people to get the supports that they need and support young people who are dealing with abuse from adults with power in the institutions that is not often shared with the young people.
The best way for inclusive education to be addressed can be through practicing strengths-based, rights-based, and needs-based approaches if you aren’t doing so already. Attention to the needs of children should be included, which can complement morals and other concerns not included in a formal rights-based approach. CYCs can respond to these challenges through asking questions of children, getting to know them and their past, as well as learning about what they’re interested in. For example, do you know if the young person or young people whom you are working with have enough food, school supplies, and/or clothing? Do they feel safe in the learning environment and comfortable with whom they are learning? If they do not have what they need, what can be done to address the situation? How can you help the young person or young people to navigate and improve their situation? These are issues that cannot wait.
Feedback is another key piece to consider as it’s impossible to improve on the way that children and youth are included in discussions without asking questions like: What is working? What isn’t working? CYCs need to be prepared to hear the answers to these questions no matter what the context to more aptly support young people with disabilities and create and support a space centred around young people. Through empathetic, caring, and trusting relationships that can result, we can ensure that a young person is not overgeneralized or left out in any way.
Through these and other considerations, we must take into account that children may be experiencing or have experienced trauma. As described by Brunzell et al. (2016), trauma is “an overwhelming experience that undermines the individual’s belief that the world is good and safe” (p. 219). Trauma-informed approaches are critical since the trauma from violence has an impact that can be life long (e.g. Osofsky & Groves, 2018). While some teachers and parents are not supportive of trauma-informed schools, recent British research outlines that trauma-informed approaches involve attention to both school climate and culture as key to supporting young people’s emotional wellbeing and mental health (Billington et al., 2022). This necessitates attention to how and why a young person may be reacting to certain situations or triggers. Trauma can cause young people to have a compromised capacity for “making and creating healthy relational bonds” which can lead to ongoing issues (Brunzell et al., 2016, p. 219-220). In practice, this involves being mindful of the young person’s background or context and that you (or others in the young person’s life) may not know all the details.
We must consider how conflict is dealt with in the school context. “[T]hrough prioritizing relationships when solving conflict, [... as Zehr (2015) illuminates] we are also able to ensure a more positive outcome for everyone involved” (Walsh, 2023a, p. 1). For conflict resolution as the UN (2020) outlines, restorative justice offers victims the opportunity to “heal and process the trauma that occurred; using restorative justice’s focus on victims’ needs and helping them to process the wrongdoing” (Walsh, 2023b, p.1). Restorative practices and approaches are meant to “explore facts, feelings, and resolutions'' in conflict (Zehr, 2015, p. 57). According to UNESCO, classroom management like restorative approaches are one way in which bullying and discrimination can be managed, but school policies should identify staff responsibility/action for how to address bullying (2020, pp. 20-21). Special attention is needed for students with disabilities as they can fall through the cracks, as Sam experienced since they had to fight for accommodations throughout their schooling. The relational approach in restorative justice also considers that people may need to be included beyond just the wrongdoer and victim as the conflict or crime may have impacted community members as well, and restorative justice is rooted in community care (Zehr, 2015, p. 37).
According to UNESCO, classroom management like restorative approaches are one way in which bullying and discrimination can be managed, but school policies should identify staff responsibility/action for how to address bullying (2020, pp. 20-21). Both Zehr (2015) and the UN (2020) guidelines instruct that: “Accountability is rooted in the way the restorative justice is enacted because the wrongdoer has to admit to the wrongdoing as a starting point, for ‘forgiveness or even reconciliation’ to potentially occur” (Walsh, 2023b, p. 1). Accountability of adults, whether teachers, CYCs, administrators or others, for their actions or inadequate actions to support children and youth is essential for supporting a relational environment committed to the safety and comfort of everyone involved. This means that young people trust their teachers and adults around them to hold other adults and young people accountable when needed and that the system is responsive to issues that develop. Special attention is needed for students with disabilities as they can fall through the cracks, as Sam experienced since they had to fight for accommodations throughout their schooling. Accountability is what ensures an education that is rights-respecting, both non-discriminatory and supportive, rather than dismissive or inadequate. Both CYCs and educators of young people should consider the concept of two-eared listening, so that when we are listening to a child or young person “every part of us between those ears — bodies, hearts and souls — is engaged” (Evans & Vaandering, 2022, p. 17). This is important so that we are able “to understand justice” through hearing “the stories of injustice”; then young people can feel included and safe through trusting relationships in order to move forward (Evans & Vaandering, 2022, p. 17).
In conclusion, both the field and practitioners of CYC have significant roles to support young people in education, including those with disabilities to access the accommodations and support that they need to realize their rights to education and fulfill their potential. Inclusive education is the way to combat “discriminatory attitudes, [create] welcoming communities, [and build] an inclusive society [for] education for all” (DeBeco et al., 2019, p. 108). The human rights approach for people with disabilities in education “demands that exclusionary practices at all levels within the education system are challenged to become socially just and equitable” and involves CYCs, educators, and others who interact with young disabled people (DeBeco et al., 2019, p. 121). The considerations outlined above “[w]ould reduce the marginalisation and stigmatisation experienced by disabled pupils and their families [...] and [...] would contribute to the development of more tolerant societies capable of responding appropriately to diversity” (DeBeco et al., 2019, p. 102). When moving forward in your role with young people, remember that “Education for All means ‘ALL, not all, BUT” and that disabled students cannot and should not be left behind or able to fall through the cracks (DeBeco et al., 2019, p. 118). As a 17 year-old expressed, in education: “We should be proud of our diversity” (Shaking the Movers, 2019, p. 15).
References and further resources
Almeida, L., Collins, T., Heynes, D-J., Jamieson, L., Rizzini, I., Walsh, S. (In press). Affecting Change in Different Contexts: Children’s Participation in Social and Public Policy Dialogues in Brazil, Canada, and South Africa, In B. Percy-Smith, N. P. Thomas, C. O’Kane and A. Twum-Danso Imoh (Eds.). A New Handbook of Children and Young People’s Participation, Routledge. Publication scheduled for April 28, 2023.
Billington, T., Gibson, S., Fogg, P., Lahmar, J., & Cameron, H. (2022). Conditions for mental health in education: Towards relational practice. British Educational Research Journal, 48(1), February, 95–119, DOI: 10.1002/berj.3755
Brunzell, T, Stokes, H & Waters, L. (2016). Trauma-informed flexible learning: classrooms that strengthen regulatory abilities. International Journal of Child, Youth and Family Studies. 7(2), 218-239. DOI: 10.18357/ijcyfs72201615719
De Beco, G, Quinlivan, S & Lord, J. E. (2019). The Right to Inclusive Education in International Human Rights Law. G. De Beco, S. Quinlivan, & J. E. Lord. (Eds.). Cambridge University Press.
Evans, K. & Vaandering, D. (2022). Little Book Of Restorative Justice In Education: Fostering Responsibility, Healing, And Hope In Schools. Skyhorse Publishing, Inc.
United Nations Office on Drugs and Crime (2020). “Handbook on Restorative Justice Programmes”. United Nations. https://www.unodc.org/documents/justice-and-prison-reform/20-01146_Handbook_on_Restorative_Justice_Programmes.pdf
Organization of African Unity (1990). African Charter On The Rights And Welfare Of The Child. adopted 11 July 1990, entered into force 29 Oct. 1999, OAU Doc. CAB/LEG/TSG/Rev.1
Osofsky, J. & Groves, B. M. (Eds.) (2018). Violence and trauma in the lives of children. Praeger.
Peter, T., Campbell, C.P., & Taylor, C. (2021). Still in every class in every school: Final report on the second climate survey on homophobia, biphobia, and transphobia in Canadian schools. Egale Canada Human Rights Trust. https://indd.adobe.com/view/publication/3836f91b-2db1-405b-80cc-b683cc863907/2o98/publication-web-resources/pdf/Climate_Survey_-_Still_Every_Class_In_Every_School.pdf
Plan Asia Regional Office and International Center for Research on Women (2015). Summary Report: Are Schools Safe And Equal Places For Girls And Boys In Asia? Research Findings on School-Related Gender-Based Violence. https://plan-international.org/uploads/2022/01/2015_are_schools_safe_and_equal_places_for_girls_and_boys_in_asia_en.pdf
Shaking the Movers (2020). East Coast Shaking the Movers: Education, Diversity and the Rights of Children. Office of the Child and Youth Advocate, Province of New Brunswick, https://carleton.ca/landonpearsoncentre/wp-content/uploads/East-Coast-STM-Report-1.pdf
United Nations (1989). Convention on the Rights of the Child, 20 November 1989, A/RES/44/25, entered into force 2 September 1990.
United Nations (UN) (2006). Convention on the Rights of Persons with Disabilities, UN Doc. A/RES/61/106, 13 December 2006. https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/convention-on-the-rights-of-persons-with-disabilities-2.html
UN Committee on the Rights of the Child (2001). General Comment No. 1 (2001) Article 29 (1): The Aims Of Education. UN Doc. CRC/GC/2001/1, 17 April.
UN Committee on the Rights of the Child (2006). General Comment No. 7 (2005) Implementing child rights in early childhood. UN Doc. CRC/C/GC/7/Rev.1, 20 September.
UN Committee on the Rights of the Child (2007). General Comment No. 9 (2006) The rights of children with disabilities. UN Doc. CRC/C/GC/9, 27 February.
UN Committee on the Rights of Persons with Disabilities (2016). General comment No. 4 on Article 24 – the right to inclusive education, 25 November, UN Doc. CRPD/C/GC/4
UNESCO (2020). Global Education Monitoring Report Summary 2020: Inclusion and education: All means all. UNESCO. Retrieved from https://unesdoc.unesco.org/ark:/48223/pf0000373721
UNESCO (1960). Convention against Discrimination in Education, Paris, 14 December 1960. http://portal.unesco.org/en/ev.php-URL_ID=12949&URL_DO=DO_TOPIC&URL_SECTION=201.html
UNESCO (2005). Guidelines for Inclusion: Ensuring Access to Education for All. https://unesdoc.unesco.org/ark:/48223/pf0000140224
UNESCO (n.d.). Leading SDG 4 – Education 2030. Retrieved from https://www.unesco.org/en/education/education2030-sdg4
UNICEF Office of Research (2018). ‘An Unfair Start: Inequality in Children’s Education in Rich Countries’, Innocenti Report Card 15, UNICEF Office of Research – Innocenti, https://www.unicef-irc.org/publications/pdf/an-unfair-start-inequality-children-education_37049-RC15-EN-WEB.pdf
Walsh, S. (2023a). Assignment 2: Relational Approach. Submitted to SOCI 3791: Introduction to Restorative Justice in Sociology, winter semester. Mount Allison University. Unpublished. On file with first author.
Walsh, S. (2023b). Assignment 1: Understandings of Restorative Justice. Submitted to SOCI 3791L Introduction to Restorative Justice in Sociology, winter semester. Mount Allison University. Unpublished. On file with first author.
Zehr, H. (2015). The little book of restorative justice. Skyhorse Publishing, Inc.
[1] They met back in 2018 when Tara was doing child and youth participatory research in New Brunswick, Canada and have crossed paths many times since including a forthcoming co-authored book chapter with colleagues young and older (Almeida et al., in press).
