Implementation of children's rights: what is in ‘the best interests of the child’ in relation to the Individual Education Plan (IEP) process for pupils with autistic spectrum disorders (ASD)?

Abstract

The concept of children's rights evolved during the 1980s giving prominence to the role of children as active participants in the construction of their lives. The rhetoric of children's rights has emerged as an important consideration in all policy and practice relating to children. Implementation of children's rights in practice is necessary to maximise their potential to improve the lives of children. This paper presents an argument for the importance of giving meaning to the implementation of children's rights in the Individual Education Plan (IEP) process for pupils with autistic spectrum disorder (ASD) in Ireland. The study, on which this paper is based, was conducted in two stages using both qualitative and quantitative approaches. The first stage focused on the development of a set of indicators for the IEP process based on a children's rights framework and informed by the perspectives of children, parents and teachers, alongside the literature on best practice on IEPs. In the second stage, a survey questionnaire was designed, based on the children's rights indicators, to evaluate current IEP practice in Ireland for pupils with autistic spectrum disorder. This article outlines the development of a set of indicators for the IEP process. It also presents findings of the survey which evaluates current practice in relation to the IEP process for pupils with ASD in Ireland. The article focuses specifically on Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC) which stipulates that in all actions concerning children, ‘the best interests of the child shall be a primary consideration’.