Early childhood care and education.

Rights in early childhoodEveryone is entitled to rights, including children. The Universal Declaration of Human Rights described childhood as a period ‘entitled to special protection and assistance’ (article 25) and there is an increasing recognition that early childhood is an absolutely critical development period. 

Small children undergo the most rapid stage of development, in terms of their maturing bodies and nervous systems, improving mobility and motor skills and increasing levels of communication, intellectual capacities and socio-emotional growth. There is a need to advocate for certain rights for this age group to ensure that this growth happens in an optimal environment to give them the best possible start to life. Early childhood care and education (ECCE) is known to play an imperative role in levelling the playing field somewhat, so disadvantaged children have a stronger start in life and enter primary education ready to learn. The right to education applies from birth as per the CRC Committee’s General Comment No. 7 (2005), though at the time of drafting, the CRC was largely silent on the content of the right in this context. One reason for this omission could be attributed to a reluctance to create an obligation for governments to intervene with very young children, normally regarded as under the protection of their parents (Lee, Krappmann & Akosua Aidoo, 2015). Although there has been a heightened appreciation for the positive influence of strong early years programmes, structures and institutions for child development, it remains important that rights to ECCE are developed in such a way as to support the rights and freedom of parents and caregivers. The CRC does define some rights as they relate to care, education and support for parents and caregivers, including appropriate pre-and post-natal care in article 24 (d), adequate education and knowledge in child health, nutrition, breastfeeding, hygiene and environmental sanitation for parents and caregivers in article 24 (e), appropriate childcare services and facilities for children of working parents and caregivers in article 18 (3) and appropriate support and assistance in childrearing and child development in articles 18 (2) and 27 (3). These rights are supported by the CEDAW, which defines rights to gender equality in education (article 10) and calls on States to take measures to ‘encourage the provision of the necessary supporting services to enable parents to combine family obligations with work obligations and participation in public life, in particular through promoting the establishment and development of a network of childcare facilities’ in article 11 (2) (c). General Comment No. 4 of the Committee on the Rights of Persons with Disabilities (‘CRPD Committee’) (2016, para. 65) emphasizes the importance of early childhood interventions for children with disabilities, and urges States to ‘ensure early access to quality early childhood development, care and pre-primary education, together with the provision of support and training to parents and caregivers of young children with disabilities’. Only two international treaties explicitly reference education prior to primary school: the CEDAW which requires States to ensure equality for girls in pre-school, and article 30 of the InternationalConvention on the Protection of the Rights of All Migrant Workers and Members of Their Familieswhich prevents refusal or limitation of access to public pre-school by reason of the irregular status of the child or their parents.

What rights should exist in ECCE? 

ECCE is sometimes split into two categories, early childhood educational development (age 0-2) and pre-primary education (age 3 until primary school age) (UNESCO & Right to Education Initiative, 2019). These divisions can vary country-to-country based on their organizational structure, and therefore the use of the term ‘educare’ is sometimes used to signal a shift towards integrated services and a multi-sectoral approach. In the first years of life, many ECCE services are intrinsically linked to working parents’ need for childcare. The CRC Committee has confirmed that State Parties are to provide assistance to parents and guardians by developing institutions, facilities and services for the care of children and that working parents and caregivers have the right to benefit from childcare services and facilities that they are eligible (article 18). In terms of concrete rights, this could entail the provision of an adequate number of programmes and institutions for every child wishing to benefit from educational facilities outside the home, on an accessible and affordable basis. Rights in the field of ECCE go hand-in-hand with concerns about gender equality whereby in many countries, unpaid (and paid) childcare is predominantly undertaken by female caregivers. In early childhood, children’s rights are very much dependent on the well-being and resources available to those responsible for their care. Recognizing these interdependencies and the importance of giving both parents the opportunity to return to work after the birth of a child are a crucial aspect of policy and planning in early childhood. It is important that parents are offered a choice of childcare structures that suits their needs and preferences. Ensure that ECCE services are financially affordable are also essential, especially as the cost can be a prohibitive factor in women’s return to workforce, especially for women in part-time/low-paid jobs whereby the cost can outweigh or nearly outweigh their salary. As highlighted in the side meeting during the Transforming Education Pre-Summit, the interdependence of all human rights also applies to early childhood including the child’s right to maximum development, the right to participate in cultural life and the arts, and the right to play. This requires the adoption of a holistic approach to ECCE. Recognizing that, at this young age, many parents prefer to keep their infants with them, States can support them in their role as primary developmental educators by ensuring there are campaigns, centres and available healthcare specialists that teach parents ways to promote healthy child development in the first years of life. France, for example, introduced maternal and infant protection centers (protection maternelle et infantile – PMI) in 1945, which provide free points of support to future and current mothers and their young children in a multidisciplinary setting. Doctors, nurses, midwives, early childhood educators and child psychologists provide healthcare and health checks, parenting classes and support and family education activities. Whether the child is in childcare or a home-based environment in the early years, the State should have a responsibility to ensure that their development occurs in a way that respects and protects the rights to education, health, nutrition and sanitation. There should be early interventions for children with developmental difficulties and sufficient checks that ensure children’s emotional and developmental needs are being met. The pre-primary level of ECCE has gained momentum in recent years. Although not an explicit right in international law, under SDG 4 Target 4.2 States are to implement at least one year of free and compulsory pre-primary education in law and policy. As can be seen in the graph below, an increasing number of States are realizing this as a right in their legal framework.

As Sheppard (2022) points out, the CESCR has viewed pre-primary education as within its remit when reviewing states’ right to education since as early as 1994, and the CRC Committee, in General Comment No. 6 (para. 28), recognized with appreciation the intention of States to make ‘one year of preschool education available and free of cost for all children’, suggesting a gradual movement to its acceptance as an integral part of the right to education. The International Labour Organization (ILO) Policy Guidelines on the promotion of decent work for early childhood education personnel (2013) set out principles for the ECCE personnel. Yet, for programmes, institutions and centres that provide education and care for this entire period, States need stronger obligations with regard to quality standards and teacher training. ECCE has an important function to play in school readiness and assuring a level of care and diligence that meets children’s emotional needs and special developmental needs. The international right to education framework should work towards improving standards at this level through the creation of legal rights and responsibilities.

Strengthening the international legal framework

There is consensus that children’s rights in early childhood need to be strengthened in the form of legally-binding commitments from States. Recognizing ECCE as a legal right is vital to hold governments accountable and ensure adequate investment across the sectors. While there is much momentum around the implementation of at least one year of pre-primary education in the international legal framework, during the consultative process the importance of services for the 0– 3-year age group, and even the rights of the mother during pregnancy were highly stressed. UNESCO can play a role in developing education normative instruments that carry ECCE rights into the priority areas of Ministries of Education. During the World Conference on Early Childhood Care and Education (November 2022), a wide range of actors agreed upon a set of priorities and strategies, as outlined in the Tashkent Declaration (2022), to accelerate Target SDG 4.2 progress.