PLAY: UNCRC issue a General Comment on article 31 "the right to rest, leisure, play & recreation"

In April, the United Nations Committee on the Rights of the Child issued a General Comment No 17 in response to the poor recognition given by States to Article 31; " .... the right of the child to rest, leisure, play, recreational activities and free and full participation in cultural and artistic life."

Whilst in Wales, we are lucky to be unique in Welsh Government placing a duty to ensure that there is sufficient play opportunities onto Local Authorities, the Committee recognises that:

2.     the Committee, in its reviews of implementation of the rights of the child under the Convention, is concerned by the poor recognition given by States to Article 31 rights. Poor recognition of their significance in the lives of children results in lack of investment in appropriate provision, weak or non-existent protective legislation and invisibility of children in national and local level planning. In general, where investment is made, it is in the provision of structured and organised activities. Equally important is the need to create time and space for spontaneous play, recreation and creativity, and the promotion of societal attitudes that support and encourage such activity.

3.     The Committee is particularly concerned about the difficulties faced by particular categories of children in the matters of enjoyment and in the conditions of equality, of  the rights defined in article 31, especially girls, poor children, children with disabilities, indigenous children, children belonging to minorities, etc.

4.     Furthermore, profound changes in the world in which children are growing up are having a major impact on their opportunity to enjoy Article 31 rights. The urban population, especially in developing countries, is increasing significantly as is the worldwide presence of violence in all its forms at home, in schools, through mass media and in the streets, with implications, alongside the commercialisation of play provision, is influencing the forms of children’s engagement in recreation, as well as cultural and artistic activities. For many children within both rich and poor countries, child labour, domestic work, or increasing educational demands serve to reduce the time available for enjoyment of these rights. 

5.     This General Comment has been developed to address these concerns, raise the profile, awareness and understanding among States as to the centrality of Article 31 rights in the life and development of every child and to elaborate measures to ensure their implementation.  Article 31 rights have universal application in the diversity of communities and societies of the world and respect the value of all cultural traditions and forms. The rights are to be enjoyed  by every child, regardless of the place where he/she lives, his/her cultural background or his/her parental status.

6.     The General Comment does not address the issue of sport; sport is a major issue in its own right and is only touched on tangentially here. In respect of cultural life, it focuses primarily on aspects related to creative or artistic life, rather than the broader definition embraced within Article 30, the right of the child to enjoy his or her own culture.  

‘Play’: Children’s play as behaviour, activity, or processes initiated, controlled and structured by children themselves and it takes place whenever and wherever opportunities arise.

Caregivers may contribute to the creation of environments in which it takes place, but play itself is non-compulsory, driven by intrinsic motivation and is undertaken for its own sake, rather than as a means to an end.

It involves the exercise of autonomy, physical, mental or emotional activity, and has the potential to take infinite forms, either in groups or alone. These forms will change and adapt throughout the course of childhood.

The key characteristics of play are fun, uncertainty, challenge, flexibility and non-productivity. Together, these factors contribute to the enjoyment it produces and the consequent incentive to continue to play.

While play is often considered non-essential, the Committee reaffirms that it is a fundamental and vital dimension of the pleasure of childhood, as well as an essential component of physical, social, cognitive, emotional and spiritual development.