The UN Convention on the Rights of the Child establishes that play is a human right. What happens when a child is in hospital? Hospitals and healthcare services may not be considered as settings of cultural and artistic life, but they are pivotal for the child's health. And for this reason, Article 31 should be enriched by including them in its definition.
TopIntroduction
The UN Convention on the Rights of the Child establishes that Play is a Human Right. Article 31 states that “...every child has the right to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. That member governments shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity”. What happens when a child is in hospital? Hospitals and healthcare services may not be considered as settings of cultural and artistic life, still they are pivotal for the child’s health. The Committee on the Rights of the Child, in its General Comment No. 15 on the right of the child to the enjoyment of the highest attainable standard of health (Article 24 of the Convention on the Rights of the Child), interprets children’s right to health “as an inclusive right, extending not only to timely and appropriate prevention, health promotion, curative, rehabilitative and palliative services, but also to a right to grow and develop their full potential and live in conditions that enable them to attain the highest standard of health through the implementation of programs that address the underlying determinants of health.” Children’s rights must be guaranteed in all of children’s life settings. Children’s stay in hospital – as any direct contact of children with the public system – can be regarded as an opportunity to enhance children’s rights, to address the underlying determinants of health and contribute to children’s overall well-being and development (WHO, 2014). The EACH charter supports the Right to play in its article 7: “Children shall have full opportunity for play, recreation and education suited to their age and condition and shall be in an environment designed, furnished, staffed and equipped to meet their needs. Children have the right to an environment, which meets the needs of children of all ages and situations wherever they are being cared for. This applies to hospitals, day care facilities or other healthcare facilities where children are being treated or examined. The architecture and interior design of such an environment must incorporate appropriate features for all age groups and types of illnesses treated in the facility. The environment should be adaptable to the needs of different age groups. Sufficient suitably qualified staff should be available to meet the needs of children for play, recreation and education, regardless of the state of health and age of the children. All staff, both clinical and non-clinical, who come in contact with children should have an understanding of the needs of children for play and recreation. Extensive opportunities for play, recreation and education, supported by appropriate play materials, resources and equipment, should be provided for all the age groups that are being cared for in the facility and include:
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sufficient periods of time for play, seven days a week;
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creative activities by all children, including those who are in isolation should be encouraged.
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Provision should be made to educate the children to their required level”.
Given these key references, this chapter wants to propose an update of the UN convention definition in order to add life settings, like hospitals, to the Art. 31 definition for ensuring the full implementation of the Right to Play.
TopBackground
Play is a human right and a fundamental life dimension. It is hard, tough, to define it or to establish all its features. Play is a dimension that changes across maturity levels, income, country, personal preferences, opportunities. Nevertheless, we can manage to find some key points that can help us navigating in understanding the importance of play, especially for children. We can start by saying that play includes several characteristics (Pellegrini et al., 1998); for example, five dimensions have been identified (Lester et al., 2008):
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highly active games such as chasing, rough-and-tumble play and play fighting
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pretend and socio-dramatic play
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language play
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social play and games with rules
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construction play