Article 31, Creative Arts, and Children in Conflict with the Law: A Children’s Rights Analysis

Abstract

Substantial work has been devoted to the rights that children in conflict with the law are entitled to under the UN Convention on the Rights of the Child because of and through their contact with the justice system. However, less attention has been given thus far to how many of the other rights children are entitled to under the Convention are implemented when children come into conflict with the law. This article aims to make a case for better recognition of the relevance and importance of Article 31 rights, particularly rights relating to participation in cultural life and the arts, for children in conflict with the law. In addition to recognising the intrinsic value of these rights for all children, it aims to highlight the potential instrumental value of better recognition of these rights in supporting the realisation of the specific rights children in conflict with the law are entitled to, particularly under Articles 37 and 40.