The translation of articles from the United Nations Convention on the Rights of the Child into education legislation: the narrowing of Article 12 as a consequence of translation

Abstract

This paper is concerned with the inclusion, exclusion and reshaping of articles within the United Nations Convention on the Rights of the Child (CRC) as they are translated into English education legislation. The CRC comprises 54 articles aimed at outlining rights and freedoms for children and was ratified by the United Kingdom (UK) government in 1991. The paper builds on a previous publication by the authors which highlighted how the mobilisation of articles within the CRC into professional practice undergoes multiple translations. This paper takes an in‐depth and critical look at the first stage of the translation process in which articles are mobilised from the CRC into national legislation. Specifically, the paper presents findings from a documentary analysis which explored the translation of principles pertaining to Article 12 of the CRC into English Education Regulations, Acts and Statutory Guidance for schools. Findings demonstrate that the reshaping of the article within education legislation strongly reflects the government's priorities and agendas. The study raises new insights into the need to establish processes to ensure the full mobilisation of Article 12 and questions whether specific principles pertaining to the article could or should be incorporated into national legislative systems.