This week we celebrate the 31st Anniversary of the Convention on the Rights of the Child. It seems apt on this anniversary to reflect on 31 Years of Article 31, and to shed more light on a right that has been widely regarded as a ‘forgotten right’, the child’s right to play (Article 31).
According to Article 31 of the Convention on the Rights of the Child, States Parties are required to recognise the child’s right to engage in play.
Despite the vital role of children’s play for child development (cognitive, social, emotional and physical) and its broader implications for society as a whole, the child’s right to play has failed to receive the attention it warrants. The Committee on the Rights of the Child has referred to the right as having been ‘neglected’ (General Comment No.17, para.43).
The right to play has been neglected by States in their implementation of the Convention, and by the Committee in its monitoring of the Convention. Underscoring this neglect is a significant lack of understanding of both the nature and importance of children’s play (intrinsic and intrumental importance).
In order to realise the right to play, three factors are vital for implementation of the right: time, space and acceptance. A shortage in any of these factors significantly hampers enjoyment of the right to play. Time and space to engage in play must be understood to include both physical and mental time and space. This means that measures protecting children’s mental health must be considered alongside those that provide safe and accessible play space. The need to ensure time for play requires that requirements on children's time - such as schoolwork and domestic duties - are limited, and do not constrain or encroach on children's time for play. A broad acceptance of children’s play is critical for realisation of the right, including acceptance of children’s play in the public space and acceptance of play as a worthwhile pastime.
In order for the right to play to be afforded the attention children deserve, greater awareness of the right is necessary. The Committee on the Rights of the Child has a key role here in ensuring that they monitor implementation of the right consistently across its Concluding Observations. States Parties to the Convention are also required to actively ensure that the principles of the Convention are widely known by adults and children alike (Article 42). This must include a requirement to ensure understanding of the importance of full realisation of the right to play, and both its intrinsic and instrumental benefits.
Realisation of the right to play is required so that children can survive and thrive.
This is of particularly critical importance in the current climate, with children’s liberties and access to their right to play curtailed more than ever.
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