A Journal of the Canadian Association for School Libraries

 

Children's Rights in the Library

Valerie Thomson

Issue Contents

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This presentation was originally created in winter 2004 by Valerie Thomson and Keri Molberg for LIS 592: Intellectual Freedom and Social Responsibility in Libraries, a course offered by the School of Library and Information Studies (SLIS), University of Alberta. The presentation was then adapted for the Alberta Library Conference 2005 (Jasper, Alberta) and presented by Valerie Thomson and Jenny Ryan, both graduates of SLIS.  The following is a written adaptation of the Jasper presentation, edited for length and content.

The focus of this presentation is children’s rights in the library and how these rights can affect intellectual freedom by restricting and compromising children’s access to information. Intellectual freedom means that no one has the right to tell you what you can and cannot see, read, hear, or say. This freedom can only exist if society ensures you have unrestricted access to all information and ideas, while allowing you to express yourself however you choose, regardless of what you have to say, or how you choose to say it. [1] Intellectual freedom directly impacts on the rights of children in the library, and this presentation will highlight some of the major areas where children’s rights may be compromised according to this meaning of intellectual freedom.

There are two sections from the UN Convention on the Rights of the Child that can be applied directly to libraries:
Article 13 – Freedom of Expression: The right of the child to freedom of expression includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of the child’s choice.

Article 17 – Access to appropriate information: In recognition of the important function performed by the mass media, States are required to ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her well-being and health. [2]

It is interesting to compare the UN’s stance on children’s rights with libraries’ stance on intellectual freedom. These are excerpts taken from the Canadian Library Association’s position on intellectual freedom and we can see how it upholds the UN’s position.

It is the responsibility of libraries to guarantee and facilitate access to all expressions of knowledge and intellectual activity, including those which some elements of society may consider to be unconventional, unpopular or unacceptable…It is the responsibility of libraries to guarantee the right of free expression by making available all the library's public facilities and services to all individuals and groups who need them… Libraries should resist all efforts to limit the exercise of these responsibilities while recognizing the right of criticism by individuals and groups. [3]

Theoretically, libraries are following the UN with this intellectual freedom position statement and have created a noble ideal. And, theoretically, by striving for intellectual freedom, we should be supporting the rights of children. But how do you ensure you are upholding this ideal and supporting children’s rights while still respecting Federal and Provincial law, parental rights and expectations, community beliefs, and still make sure that everyone gets their coffee break?

One of the major issues of children’s rights in the library is that of privacy. Privacy and confidentiality are rights that we take for granted as adults, and we would expect a library to keep our personal information and borrowing records confidential. However, children are often denied these rights. A parent assumes they have the right to know what books their kids have out – usually not for any other purpose but to keep track of the books and their due dates – but should this information be freely given out at the circulation desk? A child normally cannot get a library card without parental consent, but does that eradicate a cardholder’s rights to privacy?  According to Janet Hildebrand, the question becomes whether the librarian is responsible to the child as the cardholder or the parent as the responsible party. [4]

Policies surrounding children’s privacy rights vary greatly according to the library, the province or state, and the country. In Alberta, the Freedom of Information and Protection of Privacy Act was created to protect privacy rights. With regards to libraries, the only consideration the Act makes is “whether a parent was acting in the place of his/her minor children, (with the age of the child being one consideration), and if that is not the case, consider whether it would be an unreasonable invasion of the child's privacy to disclose the information.” [5] The Act does not define “unreasonable invasion”, which implies that Alberta law is up for interpretation by both the parent and library staff.

In California, the law is quite different and is free from interpretation. In order to guarantee privacy for each individual, California state law mandates confidentiality of registration and borrowing records. At Contra Costa County Library in California, a policy of privacy for children was adopted in 1991 that absolutely protects the privacy of a child's circulation record. At the circulation desk, library staff could indicate that the child has overdue items, but must ask the child for permission to reveal the titles. Looking at the Contra Costa website today shows that the policy still seems to be in place. They provide the parent of a child with a letter that lays out this policy. It states:

 

In order to guarantee privacy for each individual ... [l] library staff cannot give any information about a patron's registration and circulation record to anyone other than the patron, no matter what the age or relationship to the patron. For example, a parent cannot be told what material a child has checked out on the child's card without the child's consent. [6]

Looking at these two examples alone, we can see that there is a wide range of policy that exists among libraries. Every library must use its own judgment, balancing the law with the rights of the parent and the rights of the child. The fact that there is no unanimous agreement as to how to handle privacy policy shows what a contentious issue this is.

Another more recent example of a privacy issue is in relation to children’s privacy rights on the Internet. The RCMP has recently been promoting a website on Internet Safety and the protection of children, which is a great resource with some useful information and tips. However, there is one suggestion on the website that might spark a bit of controversy where privacy of the child is concerned. Under the suggestions section provided by the RCMP, one tip suggests:

 

Block access to chat rooms or accompany your child when visiting a chat room. You can also consider routing your child’s email into your own email account first in order to screen any unwanted email messages. [7]

It is surprising that the suggestion of reading another person’s email is being made when it is a federal offense to look at someone’s paper mail. Reading someone’s mail is a direct invasion of privacy, whether it is paper or electronic. If a parent is concerned about their child opening unwanted email, then perhaps that child should not have their own email account. Perhaps in that case the parent and child should share an account. Unfortunately, email is still such a relatively new technology, that it will be some time before standards are in place as to the ethics of electronic privacy, for children or adults.

Another major influence on children’s rights is library staff and the role that we play in either helping or hindering children’s rights. One of the biggest influences we may have is the risk of self-censorship. As librarians, we may not always be aware that we are self-censoring, which is why it is important to assess this issue periodically in our selection decisions. Self-censorship means choosing to not select or deselect a book based on reasons other than basic selection criteria. According to Lester Ashiem, the difference between censorship and selection is that censorship is negative and seeks to exclude materials from a library; selection is positive and seeks to include materials wherever possible, after determining honestly if it meets the library’s selection policy. [8]

These are some of the main motives behind a librarian practicing self-censorship, identified by Kenneth Donelson [9].

  • Advocacy for “high standards”. This librarian does not give the child the freedom to read, but only the freedom to read whatever they consider “good” books.
  • Fear. This librarian may not acquire something because they are afraid that it, and they, will be challenged.
  • Denial. This librarian will just ignore censorship, hoping it will go away. They think that if they don’t acknowledge it, it won’t exist. This trap is also based on the motive of fear.
  • Cowardice. In order to satisfy everyone, this librarian may obtain potentially controversial books, but will keep them on a reserve or closed shelf, essentially making them inaccessible, but nevertheless still present in the library. This keeps them from having to answer to any group.
  • Class Censorship. This librarian figures that if the child really wants the material, they can go out and buy it. This discriminates against class, however, because it assumes that the child can afford to purchase the material.
  • Censorship of the left. This librarian may believe they are morally good by eliminating books that may be perceived as racist or sexist, but in actuality they are still creating an unbalanced collection tailored to their own views of what is acceptable and what is not.
  • Lack of knowledge. This librarian may not actually intend to censor, but we have included it as a trap of self-censorship because it creates similar effects. In this case, the librarian may exclude materials of an advanced nature because they may not acknowledge the intellectual levels of some children.

The major effect that self-censorship can have on children is that they may stop using the collection altogether. If the material that they are seeking is consistently not there, many will conclude that the library has nothing that interests them and stop going. Since we are often unaware of self-censorship it is important to remind ourselves periodically of the motives behind it and create our own checklist to prevent ourselves from unwittingly practicing self-censorship.

A more visible role that library staff can play that affects children’s rights is the creation of language barriers. For example, signage, catalogue terms, and library jargon used at the reference desk can hinder a child’s access to library services and collections. Another area of language barriers in the library is computers. This includes both the signage that surrounds the computers and the Internet policies that appear on the acceptance screen. The policies in particular are often written in legal jargon, making it difficult for children to understand and interpret these on their own. This is a common problem in many libraries’ children’s sections, and it may prove to be a complicated issue to correct. But ideally (using the CLA’s intellectual freedom position statement as our goal) incorporating more child-friendly language everywhere in the children’s department can make the department more accessible in general.

Another issue of accessibility is the physical barriers that children find in some libraries. Take a moment to imagine yourself as a small child. Consider some of the barriers that you may encounter in a simple trip to the library to take out your favourite book. For some children, access to transportation is not a possibility, as many are dependent on their parents and guardians and have no control over their own socioeconomic status. Children also encounter physical barriers within the library. They often can't reach books on high shelves, computer desks, or the circulation desk. In addition they sometimes are not strong enough to open library doors or lift their books to the counter. Fortunately, legislation addressing accessibility issues for the physically challenged also works to benefit children's accessibility issues. However, some libraries have been unable to address these issues due to lack of funding or space, leaving some children out in the cold (sometimes literally).

Children may also face intellectual barriers, such as having access to controversial or challenged material. The majority of book challenges the library receives are for children's books. According to the ALA, during the 1990s, 70% of all book challenges were aimed at materials in schools or school libraries. [10] Library cards can also pose a problem, as most memberships require parental consent and parents often retain lending rights for themselves by not acquiring library cards for their kids. They may also limit or deny library use to their children as a result of late fees or because of their own reading values. Adults face some of these issues as well, but the majority are barriers unique to children.

In summary, we would like to suggest that staff should be educated on the policies of their library and the rights of the child. Staff should know how to deal with requests that could possibly undermine children's rights in the library. Children should also be educated on how to use the media resources available in the library and learn to critically judge material rather than be denied access. Librarians should be aware of their tendency to self-censor and be prepared to deal with book challenges. Each library should review its privacy and confidentiality policies to ensure children's needs are being met and review its physical space for child accessibility barriers such as high counters and shelving, and heavy doors.

Libraries have been great advocates for children’s rights, and librarians have created many opportunities for children that were inconceivable only a century before. We hope that this presentation has motivated you to remember the rights of the child and reevaluate your library policy, services, and collections for opportunities to improve. This presentation is intended as a reminder of the rights of those small patrons who may be forgotten in the midst of our hectic days in the library.

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[1] Definition adapted from the Armenian Library Association definition of intellectual freedom.

Armenian Library Association. “Definition of Intellectual Freedom.” 2004. ALA. 25 Mar. 2005.

[2] Detrick, Sharon . Children’s Rights Glossary. Florence: Innocenti, 2000.

[3] Canadian Library Association. “Statement on Intellectual Freedom.” 1985. CLA. 25 Mar. 2005 http://www.cla.ca/about/intfreed.htm.

[4] Hildebrand, Janet. “Is Privacy Reserved for Adults? Children’s Rights at the Public Library.” School Library Journal 37.1 (1991): 21-25.

[5] Government of Alberta. “Frequently Asked Questions for Public Libraries.” 2003. Freedom of Information and Protection of Privacy Act. 25 Mar. 2005. http://foip.gov.ab.ca/faq/pdf/public_libraries.pdf.

[6] Cain, Anne. “General Information on Library Cards.” 2005. Contra Costa County Library. 25 Mar. 2005. http://ccclib.org/services/libcard.html.

[7] Royal Canadian Mounted Police. “Protecting Your Child – Internet Safety.” 2005. RCMP. 25 Mar. 2005. http://www.rcmp-grc.gc.ca/mb/webpages/internet_e.htm.

[8] Ashiem, Lester. “Not Censorship, But Selection.” Wilson Library Bulletin 28 (1953): 63-67.

[9] Donelson, Kenneth. “The Enemies Within: Teachers and Librarians as Censors.” Top of the News 35 (1979): 233-236.

[10] American Library Association. “Challenged and Banned Books.” 2005. American Library Association. http://www.ala.org/ala/oif/bannedbooksweek/challengedbanned/challengedbanned.htm#wcb.

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