Children’s Rights

Every child in Australia has the right to feel safe, respected, and supported to learn and grow.

Across all Australian kindergartens, children’s rights are protected by law and guided by national frameworks that ensure high-quality, inclusive, and child-safe education and care.

Our Shared Commitment

Australian kindergartens recognise children as active citizens, capable, curious, and deserving of dignity. The sector is guided by:

  • The United Nations Convention on the Rights of the Child (UNCRC), which Australia has ratified.

  • The National Quality Framework (NQF) and Early Years Learning Framework (EYLF), which set national standards for early-childhood education and care.

  • The National Principles for Child Safe Organisations, which protect children from harm and ensure their voices are heard.

Together, these frameworks ensure that every kindergarten places children’s rights at the heart of daily practice.

Core Rights of Children in Kindergarten

1. The Right to Safety and Wellbeing

Every child has the right to feel safe, secure, and protected from harm.
Australian kindergartens are required to:

  • Provide safe, supervised environments where children’s physical and emotional wellbeing is prioritised.

  • Implement clear policies and staff training in line with child-safe standards.

  • Support children to recognise their feelings, express when they feel unsafe, and know trusted adults will help them.

(Source: Australian Human Rights Commission — Child Safe Organisations Framework)

2. The Right to Be Treated with Respect and Dignity

Children must always be valued, listened to, and treated fairly.
Across kindergartens, this means:

  • Promoting inclusive, respectful relationships between educators, children, and families.

  • Celebrating cultural, linguistic, and personal diversity.

  • Responding to each child’s ideas, strengths, and individuality with care and empathy.

(Source: Department of Education — National Quality Standard, Quality Area 5)

3. The Right to Learn, Play, and Develop

Children have the right to quality early education that supports their learning and development through play. Kindergartens across Australia:

  • Follow the Early Years Learning Framework, which emphasises Belonging, Being and Becoming.

  • Offer programs that nurture creativity, curiosity, and connection to community and country.

  • Observe and plan for each child’s growth in partnership with families.

(Source: Australian Government, Department of Education — EYLF v2.0)

4. The Right to Participate and Be Heard

Children have a voice in matters that affect them.
In kindergartens, educators:

  • Encourage children to make choices, share ideas, and influence their learning.

  • Provide opportunities for children to express themselves through words, art, movement, and play.

  • Respect children’s opinions and help them understand that their views are valued.

(Source: UN Convention on the Rights of the Child, Article 12)

5. The Right to Inclusion and Equal Opportunity

Every child has the right to belong.
Australian kindergartens are inclusive environments that:

  • Welcome all children regardless of ability, culture, language, gender, or family background.

  • Work collaboratively with families and specialists to support diverse needs.

  • Remove barriers to participation and learning.

(Source: NQF, National Law and Regulations, Section 168 and Quality Area 6)

6. The Right to Culture, Family and Identity

Children have the right to maintain connections with their family, community, and cultural identity.
In kindergartens, this means:

  • Recognising and valuing Aboriginal and Torres Strait Islander children as the First Peoples of Australia.

  • Embedding cultural competence and respectful partnerships in everyday practice.

  • Supporting children to share their family stories, languages, and traditions with pride.

(Source: Early Childhood Australia — Code of Ethics, 2020)

Families, Educators, and Communities Working Together

Children’s rights are upheld best when families, educators, and communities work in partnership.

  • Families share knowledge of their child’s culture, needs, and interests.

  • Educators create safe, inclusive learning environments that honour children’s agency and dignity.

  • Communities support kindergartens to reflect the diverse cultures, values, and strengths of Australian society.

Raising Concerns and Ensuring Accountability

If a child’s rights are not being upheld, families and communities can:

  • Speak with the kindergarten leadership or service provider.

  • Contact their State or Territory Regulatory Authority under the National Quality Framework.

  • Access support through the Australian Human Rights Commission or child-safe organisations network.

(See: education.gov.au/nqf and humanrights.gov.au)

A Shared Vision

All Australian kindergartens share a vision of early-learning environments where:

  • Every child is seen, heard, and valued.

  • Learning is joyful, creative, and inclusive.

  • Rights, respect, and belonging guide every interaction.

When we uphold children’s rights together, we build the foundations for a fair, compassionate, and connected Australia.