PARENTS, RIGHTS, DUTIES, AND RESPONSIBILITIES

(See also “Parents, Guidance of Children”)

UN Consensus Language Supported By Multiple Documents

recognizing the rights, duties and responsibilities of parents – Social Summit (1995), Declaration, Commitment 6 (l); – ICPD (1994), 7.45; – Social Summit (1995), 35(c).

taking into account the rights and responsibilities of parents ICPD (1994), 11.9; – CRC (1990), Article 3-2

Overview

The rights of parents to direct the education and upbringing of their children is well established in UN consensus documents. Yet when new documents come under negotiations proposals to recognize the rights of parents are strongly rejected by many of the developed countries.

Often, when sexuality or sexual education provisions are proposed in UN negotiations, they are accompanied with provisions also granting children rights to “confidentiality” and “privacy.” In such cases, proposals to recognize the prior right of parents to guide the education of their children are also aggressively opposed. If there is any reference to parents at all, it is usually weak and relegates parents to simply having “a role” in educating their children, along with schools, communities, and other stakeholders.

Often provisions are proposed to limit parental rights, for example, making parents subject to “the evolving capacity of the child” or to only give guidance to their children “as appropriate.” When graphic sexual education materials are presented to children without the knowledge or consent of parents (usually citing alleged rights to “confidentiality” or “privacy” to justify such actions), this violates the well-established rights of parents to guide the education of their children.

Unfortunately, one of the greatest assaults on parental rights comes from UNFPA. In fact, their 2014 report, “ICPD and Human Rights: 20 years of advancing reproductive rights” seeks to:

Remove “barriers to sexuality education such as parental consent”
Remove “barriers to accessing safe abortion services, such as third-party authorization requirements [parental consent for abortion]”
Remove “barriers in accessing comprehensive sexual and reproductive health services” [parental consent for adolescents]
Abolish “laws denying adolescents decision making capacity or requiring that they obtain parental consent.”

Other UN agencies and entities are also pushing to override the rights of parents to advance controversial sexual and gender ideologies on children. (See “Comprehensive Sexuality Education” section.) Therefore, protecting the “rights” of parents to guide the education and upbringing of their children is essential to protecting the rights of children.

Negotiating Strategies

Whenever issues regarding children, adolescents and youth are being negotiated at the UN, the “rights,” and not just the “role” of parents should be recognized. The following composite language from multiple UN treaties and major conference documents could be proposed to recognize parental rights: The following composite language from multiple UN treaties and major conference documents could be proposed to recognize parental rights:

“recognizing the rights, duties and responsibilities of parents and other persons legally responsible for the child.” (Based on UN Convention on the Rights of the Child (CRC), Article 5 and Article 14-2; ICPD 7.45; ICPD 13.22; Social Summit 35-c; Social Summit Decl. Commitment 6-1; Beijing 107-e; Beijing 107-g; Beijing 262; Habitat 13; Beijing +5 79-f.)

Certainly, any medical, sexual or reproductive health services, or sexual information or counseling provided to children should be given only with the knowledge, involvement and consent of their parents. By proposing some of the following good language, you can modify provisions calling for services or education for children to ensure the rights of parents in such matters are recognized and respected.

The following composite language could be proposed to recognize parental rights in relation to “sexual and reproductive health”:

Calls upon governments to respect the prior right of parents to direct the education of their children, especially in sexual matters and in decisions regarding their reproductive and sexual health, recognizing that these responsibilities lie in the first place with the parents. (Based on UNDHR Universal Declaration (1948), Article 26 (3); ICPD (1994), II, Principle 10; and Beijing (1995), 267.)

The following language can be proposed to modify “sexual and reproductive health” or sex education provisions with the aim of preserving parental rights.

“Parents have a prior right to choose the kind of education that shall be given to their children” – Universal Declaration (1948), Article 26 (3).

“The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents” – CRC (1990), Article 7-1.

“States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents…” – CRC (1990), Article 3-2.

“States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child” – CRC (1990), Article 14-2.

“States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child” – CRC (1990), Article 18-1.

“States Parties agree that the education of the child shall be directed to: the development of respect for the child’s parents, his or her own cultural identity, language and values…” – CRC (1990), Article 29-1 (c).

“For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities…” – CRC (1990), Article 18-2.

“States Parties shall respect the responsibilities, rights and duties of parents … to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention” – CRC (1990), Article 5.

“Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern” – CRC (1990), Article 18-1.

“… With proper regard for parental guidance and responsibilities” – ICPD (1994), 47.

“…taking into account the rights and responsibilities of parents and the needs of children and adolescents” – ICPD (1994), 11, 9.

“…these services must be ensured with the support and guidance of their parents…” – ICPD (1994), 6.15.

“The child has the right to be cared for, guided and supported by parents” – ICPD (1994), II, Principle 11.

“Acknowledge and promote the central role of families, parents and other legal guardians in educating their children and shaping their attitudes” – ICPD +5, 73(d).

“…all institutions of society should respect and support the efforts of parents and other caregivers to nurture and care for children in a family environment…” – Children’s Summit (1990), 18.

“…promote the shared responsibility of both parents in education and in the raising of children…” – Children’s Summit +10 (2002), 24.

“Parents, families, legal guardians and other caregivers have the primary role and responsibility for the well-being of children” Children’s Summit +10 (2002), 32(2).

“…taking into account… the responsibilities, rights and duties of parents and legal guardians to provide in a manner consistent with the evolving capacities of the child appropriate direction and guidance…” – Beijing +5 (2000), 79(f).

“increased support to children and adolescents through increased financial, social and moral support for their parents, families and legal guardians….” – HIV/AIDS (2011), 68.

Talking Points

1. Multiple binding and non-binding UN documents recognize the rights of parents to guide the upbringing and education of their children.

2. The Universal Declaration of Human Rights recognizes that “Parents have a prior right to choose the kind of education that shall be given to their children.” – Universal Declaration (1948), Article 26 (3).

3. Article 5 of the UN Convention on the Rights of the Child (CRC), as well as many other UN consensus documents recognize the obligation of states to respect the “responsibilities, rights and duties of parents” and outlines the right of the child “to know and be cared for by his or her parents.” – CRC (1990), Article 5, 7.

4. The International Covenant on Civil and Political Rights calls for “respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.” – ICCPR (1976), Article 18-4.

UN Consensus Language in Context

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. – CRC (1990), Article 5.

Establish or strengthen both school-based and community-based health education programmes for children, adolescents and adults, with special attention to girls and women, on a whole range of health issues, as one of the prerequisites for social development, recognizing the rights, duties and responsibilities of parents and other persons legally responsible for children consistent with the Convention on the Rights of the Child; – Social Summit (1995), Declaration, Commitment 6 (l).

Ensure that children, particularly girls, enjoy their rights and promote the exercise of those rights by making education, adequate nutrition and health care accessible to them, consistent with the Convention on the Rights of the Child, 13/ and recognizing the rights, duties and responsibilities of parents and other persons legally responsible for children; – Social Summit (1995), Declaration, Commitment 6(c).

States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. – CRC (1990), Article 3-2.

States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. – CRC (1990), Article 14-2.

Recognizing the rights, duties and responsibilities of parents and other persons legally responsible for adolescents to provide, in a manner consistent with the evolving capacities of the adolescent, appropriate direction and guidance in sexual and reproductive matters, countries must ensure that the programmes and attitudes of health-care providers do not restrict the access of adolescents to appropriate services and the information they need, including on sexually transmitted diseases and sexual abuse. In doing so, and in order to, inter alia, address sexual abuse, these services must safeguard the rights of adolescents to privacy, confidentiality, respect and informed consent, respecting cultural values and religious beliefs. In this context, countries should, where appropriate, remove legal, regulatory and social barriers to reproductive health information and care for adolescents. – ICPD (1994), 7.45

To be most effective, education about population issues must begin in primary school and continue through all levels of formal and non-formal education, taking into account the rights and responsibilities of parents and the needs of children and adolescents. Where such programmes already exist, curricula should be reviewed, updated and broadened with a view to ensuring adequate coverage of such important concerns as gender sensitivity, reproductive choices and responsibilities, and sexually transmitted diseases, including HIV/AIDS. To ensure acceptance of population education programmes by the community, population education projects should emphasize consultation with parents and community leaders. – ICPD (1994), 11.9.

Age-appropriate education, especially for adolescents, about the issues considered in the present Programme of Action should begin in the home and community and continue through all levels and channels of formal and non-formal education, taking into account the rights and responsibilities of parents and the needs of adolescents. Where such education already exists, curricula and educational materials should be reviewed, updated and broadened with a view to ensuring adequate coverage of important population-related issues and to counteract myths and misconceptions about them. Where no such education exists, appropriate curricula and materials should be developed. To ensure acceptance, effectiveness and usefulness by the community, education projects should be based on the findings of socio-cultural studies and should involve the active participation of parents and families, women, youth, the elderly and community leaders. – ICPD (1994), 11.24.

Governments, non-governmental organizations, the private sector and local communities, assisted upon request by the international community, should strive to mobilize and effectively utilize the resources for population and development programmes that expand and improve the quality of reproductive health care, including family-planning and sexually transmitted diseases/HIV/AIDS prevention efforts. In line with the goal of the present Programme of Action to ensure universal availability of and access to high- quality reproductive health and family-planning services, particular emphasis must be put on meeting the needs of underserved population groups, including adolescents, taking into account the rights and responsibilities of parents and the needs of adolescents and the rural and the urban poor, and on ensuring the safety of services and their responsiveness to women, men and adolescents. In mobilizing resources for these purposes, countries should examine new modalities such as increased involvement of the private sector, the selective use of user fees, social marketing, cost-sharing and other forms of cost recovery. However, these modalities must not impede access to services and should be accompanied with adequate “safety net” measures. – ICPD (1994), 13.2.

Ensuring full and equal access to social services, especially education, legal services and healthcare services for women of all ages and children, recognizing the rights, duties and responsibilities of parents and other persons legally responsible for children, consistent with the Convention on the Rights of the Child; – Social Summit (1995), 35(c).

Prepare and disseminate accessible information, through public health campaigns, the media, reliable counselling and the education system, designed to ensure that women and men, particularly young people, can acquire knowledge about their health, especially information on sexuality and reproduction, taking into account the rights of the child to access to information, privacy, confidentiality, respect and informed consent, as well as the responsibilities, rights and duties of parents and legal guardians to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention on the Rights of the Child, and in conformity with the Convention on the Elimination of All Forms of Discrimination against Women; ensure that in all actions concerning children, the best interests of the child are a primary consideration; – Beijing (1995), 107(e).

Recognize the specific needs of adolescents and implement specific appropriate programmes, such as education and information on sexual and reproductive health issues and on sexually transmitted diseases, including HIV/AIDS, taking into account the rights of the child and the responsibilities, rights and duties of parents as stated in paragraph 107 (e) above; – Beijing (1995), 107(g).

Girls and adolescents may receive a variety of conflicting and confusing messages on their gender roles from their parents, teachers, peers and the media. Women and men need to work together with children and youth to break down persistent gender stereotypes, taking into account the rights of the child and the responsibilities, rights and duties of parents as stated in paragraph 267 below. – Beijing (1995), 262.

The International Conference on Population and Development recognized, in paragraph 7.3 of the Programme of Action, 14/ that “full attention should be given to the promotion of mutually respectful and equitable gender relations and particularly to meeting the educational and service needs of adolescents to enable them to deal in a positive and responsible way with their sexuality”, taking into account the rights of the child to access to information, privacy, confidentiality, respect and informed consent, as well as the responsibilities, rights and duties of parents and legal guardians to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention on the Rights of the Child, and in conformity with the Convention on the Elimination of All Forms of Discrimination against Women. In all actions concerning children, the best interests of the child shall be a primary consideration. Support should be given to integral sexual education for young people with parental support and guidance that stresses the responsibility of males for their own sexuality and fertility and that help them exercise their responsibilities. – Beijing (1995), 267.

The needs of children and youth, particularly with regard to their living environment, have to be taken fully into account. Special attention needs to be paid to the participatory processes dealing with the shaping of cities, towns and neighbourhoods; this is in order to secure the living conditions of children and of youth and to make use of their insight, creativity and thoughts on the environment. Special attention must be paid to the shelter needs of vulnerable children, such as street children, refugee children and children who are victims of sexual exploitation. Parents and other persons legally responsible for children have responsibilities, rights and duties, consistent with the Convention on the Rights of the Child, to address these needs. – Habitat (1996), 13.

With due respect for the rights, duties and responsibilities of parents and in a manner consistent with the evolving capacities of the adolescent, and their right to reproductive health education, information and care, and respecting their cultural values and religious beliefs, ensure that adolescents, both in and out of school, receive the necessary information, including information on prevention, education, counselling and health services to enable them to make responsible and informed choices and decisions regarding their sexual and reproductive health needs, in order to, inter alia, reduce the number of adolescent pregnancies. Sexually active adolescents will require special family planning information, counselling and health services, as well as sexually transmitted diseases and HIV/AIDS prevention and treatment. Those adolescents who become pregnant are at particular risk and will require special support from their families, health-care providers and the community during pregnancy, delivery and early childcare. This support should enable these adolescents to continue their education. Programmes should involve and train all who are in a position to provide guidance to adolescents concerning responsible sexual and reproductive behaviour, particularly parents and families, and also communities, religious institutions, schools, the mass media and peer groups. These policies and programmes must be implemented on the basis of commitments made at the International Conference on Population and Development and in conformity with relevant existing international agreements and conventions; – ICPD +5 (1999), 73(e).

Design and implement programmes with the full involvement of adolescents as appropriate, to provide them with education, information and appropriate, specific, user-friendly and accessible services without discrimination to address effectively their reproductive and sexual health needs taking into account their right to privacy, confidentiality, respect and informed consent and the responsibilities, rights and duties of parents and legal guardians to provide in a manner consistent with the evolving capacities of the child appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention on the Rights of the Child and in conformity with CEDAW and ensuring that in all actions concerning children, the best interests of the child are a primary consideration. These programmes should, inter alia, build adolescent girls’ self esteem and help them take responsibility for their own lives; promote gender equality and responsible sexual behaviour; raise awareness about, prevent and treat sexually transmitted infections, including HIV/AIDS and sexual violence and abuse; counsel adolescents on avoiding unwanted and early pregnancies; – Beijing +5 (2000), 79(f).

Parents, families, legal guardians and other caregivers have the primary role and responsibility for the well-being of children, and must be supported in the performance of their child-rearing responsibilities. All our policies and programmes should promote the shared responsibility of parents, families, legal guardians and other caregivers, and society as a whole in this regard. – Children’s Summit +10 (2002), 32(2).

The family is the basic unit of society and as such should be strengthened. It is entitled to receive comprehensive protection and support. The primary responsibility for the protection, upbringing and development of children rests with the family. All institutions of society should respect children’s rights and secure their well-being and render appropriate assistance to parents, families, legal guardians and other caregivers so that children can grow and develop in a safe and stable environment and in an atmosphere of happiness, love and understanding, bearing in mind that in different cultural, social and political systems, various forms of the family exist. – Children’s Summit +10 (2002), 15.

• HRC Protection of the Family Resolution •

Urges Member States to create a conducive environment to strengthen and support all families, recognizing that equality between women and men and respect for all the human rights and fundamental freedoms of all family members are essential to family well-being and to society at large, noting the importance of reconciliation of work and family life and recognizing the principle of shared parental responsibility for the upbringing and development of the child; — Protection of the Family Resolution, HRC, (2015), 9.

Urges States, in accordance with their respective obligations under international human rights law, to provide the family, as the natural and fundamental group unit of society, with effective protection and assistance, and encourages States in this regard to take, as appropriate and to the maximum of their available resources, measures including:

(h) Providing and promoting the means to facilitate compatibility between labour force participation and parental responsibilities, especially for single-parent households with young children, and paying special attention to the needs of widows and orphans through means including health insurance and social security, cash and in-kind transfer programmes, day-care centres and facilities for breastfeeding mothers within the work premises, kindergartens, part-time jobs, paid parental leave, paid maternity leave, flexible work schedules and reproductive and child health-care services; — Protection of the Family Resolution, HRC, (2015), 20 (h).

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