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Speech by the Chair of the European Network of Ombudspersons for Children and Cyprus Commissioner for Children Rights, Mrs Leda Koursoumba,
at the International Congress
“The right of the Child to Respect – challenges of the 21st century”
Warsaw, 4 – 6 December 2012
“Janusz Korczak and the Convention on the Rights of the Child”
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It is with great pleasure that I accepted the invitation of the Ombudsman for Children in Poland, Mr Marek Michalak, to speak at this International Congress, as the Chair of the European Network of the Ombudspersons for Children, on “Janus Korczak and the Convention on the Rights of the Child”.
Ladies and Gentlemen
Henryk Goldszmit, better known by his pen name “Janusz Korczak”,«a doctor by training, a pedagogue by chance, a writter by passion, and a psychologist by necessity[i]», devoted all his life to working for the benefit of children. Through his writings, but also – and most importantly – through his pedagogical practices, Korczak declared, at the beginning of the 20th century, the need for a new approach to children and the childhood. Arguing and acting against the dominant devaluing perceptions of children at his time, he «kept his trust and faith in the child, whom he saw as the essence of, and the hope for, humanity»[ii].
The flavour of his refreshingly modern view is well captured by the following extract from his book “The Child’ s Right to Respect[iii]”.
«There appear to be two lives, one serious and respectable, the other indulgently tolerated, less valuable. We say: a future person, a future worker a future citizen. That children will be, that they will really begin to be serious only in the future. We kindly let them plot along beside us but, in truth, it will be more convenient without them.
No, not at all. They were and they will be. They did not appear suddenly by surprise, and not just for a brief period either. Children are not a casual encounter who can be passed by hurriedly or dismissed rapidly with a smile and a ‘Hello’.
Children account for a large proportion of mankind, a sizeable portion of the population, of the nation, residents, citizens – constant companions.
Children have been, are, and they will be».
The conceptualization of children, as full members of the society, as individuals worthy to be appreciated for what they are and not for what they are about to become,layed the foundation of Korczak’s unique and also radical,ofhis time, humanistic vision for children.
Seven decades before the adoption of the Convention on the Rights of the Child, Korczak,called “for a Magna Charta Lebertatis concerning the Rights of the Child[iv]”. Korczak’s call, was about respect for children, their inherent dignity as human beings but also for their particularity, their capacities and competences. For him, children werehuman beings à part entière:
«As to feelings, they outdo us with unbridled power.
As to intellect, they are our equals, lacking only experience [...]
All other differences are reduced to the fact that children do not earn money; they are dependent on us for their maintenance and must abide by our wishes[v]»
Korczak’s aspirationswent much beyond the child-saving movement’s vision, which prevailed in the beginning of the 20th century. As a scholar elegantly puts it «[f]or Korczak children’s rights meant more – primarily to respect children’s experiences, their difference, their individuality, and their being a child. In this sense Korczak’s children’s rights combine protection – from overprotective adults and adult demands -, provision – of their experiences today and of respect -, and participation – living here and now and self-determined[vi]»
Drawing from an intrinsic human rights approach, Korczcak openly opposed the needs-based approach of the Declaration on the Rights of the Child by the League of Nations in 1924. Korczcak was quite critical againstthe Declaration’scharity orientation and its emphasis on protection and welfare, accusing its authors for having mistaken duties for rights. For Korczcak, the tone of this Declaration wasnot for children’s rights, but «only an appeal for good will, a request for more understanding[vii]».
It was only till the adoption of the UN Convention on the Rights of the Child in 1989, that Korczak’s rights based approach to childrenwas to be incorporated in a legally binding human rights instrument.The CRC, the first comprehensive treaty, that sought to address the particular needs of children as rights, is based on the fundamental principle stated in the Universal Declaration of Human Rights, that all human beings are born free and equal in dignity and rights. Moving beyond the traditional approach that responds to the needs of children within the realm of charity, the Convention introduces an essential shift in the perception of the child, from being a vulnerable object in need of protection, to subject of rights, entitled to full respect and dignity, making children’s best interest – in Korczak’s terminology, the child’s right to respect -, a primary consideration.
Children should not be perceived as, “not yets”, as “human beings in the making”, but as “beings” «entitled to all the rights and freedoms set forth in the Universal Declaration of Human Rights»[viii]. Children are not, any more, considered to be, merely passive recipients of adult’s experience, simple consumers of adult’s opinions and ideas, but, active social agents, purposefully engaged in their surroundings from an early age.
Throughout the human history children were kept silent,at the margins of the society, with no involvement in decision-making processes around the world. Based on the legacy of intellectual giants like Janusz Korczak, and thanks to the Convention on the Rights of the Child, the international community has secured a central place for children in today’s word. Nevertheless, and despite the fact that the Convention has been ratified and endorsed by nearly all the member states of the UN, there is, still, significant resistance to the implementation of these rights. Beyond the, few we have to admit, voices, who question the idea of children rights, there are general considerations regarding the perception of children as active citizens with participation rights.
Resistance to children’s participation is related to traditional conceptions and prevailing attitudes towards children. In this sense, I dare say, it is an implicit opposition to the mere idea of children as subjects of rights. It refelctsadults’ refusal to share power with children and also adults’ failure to recognize children as competent social actors capable of making informed decisions.
Dear friends
Janusz Korczak, about a hundred years ago, fought to secure an active role for children in their social reality. The man who wrote that, «[P]rimary and irrefutable right of children, is the right to voice their thoughts, to active participation in our considerations and verdicts concerning them[ix]» and he insisted that, «[C]hildren are not the people of tomorrow, but are people of today. They have a right to be taken seriously, and to be treated with tenderness and respect. They should be allowed to grow into whoever they were meant to be – the unknown person inside each of them is our hope for the future[x]», had the moral high ground and the courage to turn his words to deeds, by establishing “a children’s republic[xi]” within the orphanage of which he was the manager and through his pedagogical practices, to name but a few.
For those of us, who struggle for the promotion of children’s rights, as these are prescribed by the Convention on the Rights of the Child, Korczak’s written and practical legacy, is more than an inspiration. It is a concrete example of a person fully devoted to humanistic ideals, who led the way to the next generations.
[i]According to a self description see Thomas Hammarberg, Foreword , “The Child’s Right to Respect” , France: Council of Europe, p. 5 (2009)
[ii] Sara Efrat Efron, ). Moral education between hope and hopelessness: The legacy of Janusz Korczak. Curriculum Inquiry, 38(1) , p. 40 (2008)
[iii] Janusz Korczak, The Child’s Right to Respect in Selected Works of Janusz Korczak. Retrieved from the web page: (p.33)
[iv] In his book written in 1919, The Child in the Family (cited by Gabriel Eichsteller, Janus Korcczak – His Legacy and its Relevance for Children’s Rights Today, in International Journal of Children’s Rights, 17 (2009) 377 – 391, p. 385
[v] Cited by Sven Hartman, Janusz Korczak’s legacy: an inestimable source of inspiration in Janusz Korczak The Right of Child’s to Respect, Janusz Korczak’s legacy Lectures on today’s challenges for Children, Council of Europe Publishing 2009 (p. 14)
[vi] Gabriel Eichsteller, Janus Korcczak – His Legacy and its Relevance for Children’s Rights Today, in International Journal of Children’s Rights, 17 (2009) 377 – 391, p. 385 -386.
[vii] Cited in Gabriel Eichsteller, Janus Korcczak – His Legacy and its Relevance for Children’s Rights Today, in International Journal of Children’s Rights, 17 (2009) 377 – 391, p. 385, taken from P.E. Veerman, “Janus Korczak and the Rights of the Child, Concern 1987 [62(1), 7 – 9, p. 7
[viii] CRC, Preamble
[ix] Janusz Korczak, How to Love a Child In his book How to Love a child Selected Works of Janusz Korczak. Retrieved from the web page: (p.125)
[x]Cited by Thommas Hammarberg in The Principle of the Best Interest of the Child – What it means and what it demands from adult, Lecture by Thomas Hammarberg, Commissioner for Human Rights, Council of EuropeWarsaw, 30 May, 2008. Retrieved from
[xi] Sara Efrat Efron, Moral Education Between hope and Hopelessness: The Legacy of Janusz Korczak in Curriculum Inquiry 38:1 (2008) p. 48