Google AI


Modern Australian

What are the rights of children at the parliament protest – and who protects them?

  • Written by: Claire Breen, Professor of Law, University of Waikato
What are the rights of children at the parliament protest – and who protects them?

Children have participated in protests against nuclear weapons, wars, the loss of Māori land and customary rights, racism and child poverty. Young people themselves led the School Strike 4 Climate marches.

But the continuing presence of children at the sometimes violent occupation of parliament grounds has concerned many, from police to the prime minister and children’s commissioner.

So the question now becomes, should children even be allowed to participate in such events? Those who answer “no” may argue children (especially younger ones) cannot understand the nature of the debate, are being manipulated by adults, and are physically and emotionally vulnerable.

Others might argue young people’s voices should be heard, and that children are capable of grasping the meaning of protest action. And even if young people don’t understand an issue, it could be argued some adults should be prevented from protesting on the same basis.

An alternative view is that children have been, and will continue to be, heavily affected by pandemic restrictions and lockdowns. For that reason, they have a vested interest in being able to exercise their rights to gather and protest peacefully.

But with children potentially caught up in the less peaceful side of the parliament protest, it’s imperative they and their rights are understood and protected.

What does the law say?

Children, like adults, have the rights to freedom of movement, association and peaceful assembly – rights that underpin the right to (peaceful) protest. These rights are protected by the Universal Declaration of Human Rights and the ensuing framework of human rights treaties, including the UN Convention on the Rights of the Child.

Whether they are exercised by adults or children, these rights aren’t absolute and can be limited. According to the international legal framework of human rights, however, such limitations must be based in law and in the interests of a democratic society. Restrictions can be imposed for reasons such as public safety, public order, or the protection of public health.

Read more: The Wellington protest is testing police independence and public tolerance – are there lessons from Canada’s crackdown?

But there are other balancing acts when it comes to children’s rights, including their right to protest. The Convention on the Rights of the Child says the best interests of the child, and their right to have their opinions heard, should guide decision-making where children are involved.

In Aotearoa New Zealand, the New Zealand Bill of Rights Act 1990 guarantees the rights to freedom of expression, association and peaceful assembly, subject to the same reasonable limits that exist in international law.

Who is responsible for child protesters?

Young protesters are at greater risk from harm than adults because they are physically smaller and therefore generally more vulnerable.

So the issue of who is responsible for the safety of children within the protest at parliament raises a number of complicated questions for the government, police, parents – and, of course, the young people themselves.

There are no clear answers in this type of situation.

The Convention on the Rights of the Child recognises, among other things, that parents have the primary responsibility for the upbringing and development of their children, and that children must be protected from violence.

Read more: To protect children during Aotearoa's Omicron outbreak, we need to consider their families, not just schools

New Zealand’s Care of Children Act 2004 states that the welfare and best interests of a child must be the first and paramount consideration. Children must be protected from all forms of violence, and the primary responsibility for their care lies with their parents.

The Oranga Tamariki Act 1989 promotes the well-being and protection from harm of children and young people, and Oranga Tamariki itself has said it was working with police and other partners to address any child protection concerns at the Wellington protest.

Challenges for police and the law

Against this legal framework, the challenge (especially for the police) is how to manage a sometimes unruly crowd that contains significant numbers of children.

This has undoubtedly already influenced the police’s response, and the fate of the protest in general hinges to some extent on guarding the children’s best interests and well-being and ensuring they are protected from harm.

Read more: The occupation of NZ’s parliament grounds is a tactical challenge for police, but mass arrests are not an option

Failure to do this could mean the children at parliament grounds could be injured, and their rights to protest and to be protected from violence undermined.

Beyond these immediate concerns, though, the presence of children at parliament grounds should remind us again of the impact the pandemic in general has had on the hopes and dreams of young people.

These protests will eventually end, but ensuring the voices of children and young people are heard must be part of efforts to mitigate the consequences of the pandemic in the months and years to come.

Authors: Claire Breen, Professor of Law, University of Waikato

Read more https://theconversation.com/what-are-the-rights-of-children-at-the-parliament-protest-and-who-protects-them-177356

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...