Social and Emotional Learning and State Obligations Under the Convention on the Rights of the Child

Author: Lauryn Carr

May 27, 2026

Students at Fall-Hamilton Elementary School participate in breathing and movement exercises designed to build calmness and self-regulation before learning. [Image credit: Fall-Hamilton Elementary School via School Library Journal]

The Convention on the Rights of the Child (CRC) recognizes education as a right that supports a child’s full development. Articles 6, 28, and 29 emphasize the importance of preparing children for responsible life in society. This article examines whether these provisions create an obligation for states to support children’s social and emotional development through structured Social and Emotional Learning (SEL). It gives particular attention to the United States, which has signed but not ratified the CRC, and considers the implications for U.S. education policy. It also considers how the absence of developmental support may disproportionately affect marginalized children.

Introduction

Education is often discussed in terms of academic outcomes, such as literacy, mathematics, and standardized testing performance. However, international human rights law presents a broader understanding of education. The Convention on the Rights of the Child (CRC), adopted by the United Nations in 1989, frames education as a process that supports the full development of children. This includes emotional well-being and social preparation for participation in society.

Social and Emotional Learning (SEL) refers to structured approaches that help students develop skills such as emotional regulation, empathy, leadership, and relationship-building . These skills influence not just their behavior and well-being but also their academic integrity and confidence. Despite growing research on SEL’s benefits, many education systems treat it as optional rather than a necessary component of schooling.

By analyzing Articles 6, 28, and 29 of the Convention on the Rights of the Child, this discussion evaluates whether integrating SEL into education policy aligns with international human rights commitments. It also considers how the absence of developmental support can disproportionately affect children who already face socioeconomic disadvantages.

U.S. Context and the Convention on the Rights of the Child

The United States signed the Convention on the Rights of the Child in 1995 but remains the only United Nations member state that has not ratified the treaty. As a result, its provisions do not create binding legal obligations under U.S. law, although they still influence international human rights standards and policy debates. This tension is especially relevant given that U.S. federal education policy directly shapes whether SEL programs receive funding and institutional support at the state level.

Legal and Policy Framework

Article 6: The Right to Development

Article 6 of the CRC recognizes every child’s inherent right to life and requires states to ensure the survival and development of the child to the maximum extent possible (United Nations, 1989). Development under the CRC extends beyond physical growth. It includes mental, emotional, social, and cultural development.

This broad definition suggests that education systems must address more than academic instruction. Schools play a central role in shaping children’s social experiences, emotional well-being, and ability to interact with others. When students lack support for emotional regulation or social skills, their overall development may be affected. From a human rights perspective, policies that address emotional and social learning can therefore be understood as part of fulfilling the obligation to support development.

Article 28: The Right to Education

Article 28 establishes the right of every child to access education. It requires states to make primary education compulsory and available to all children. The article also calls for measures that reduce school dropout rates and encourage regular attendance.

Social and emotional development can influence whether children remain engaged in school. Research consistently shows that students who feel supported, safe, and socially connected are more likely to attend school and succeed academically. Without systems that support these aspects of development, access to education may exist formally while meaningful participation remains limited.

For children facing poverty, discrimination, or unstable home environments, school may be one of the few institutions capable of providing structured support. In these contexts, the absence of SEL programs may worsen educational inequality.

Article 29: The Purpose of Education

Article 29 of the Convention on the Rights of the Child outlines the broader aims of education. It states that education should support the development of a child’s personality and abilities to their fullest potential and prepare children for responsible life in a free society (United Nations, 1989). The Committee on the Rights of the Child further explains that education should promote respect for human rights and help children develop social responsibility and cooperation (UN Committee on the Rights of the Child, 2001). These goals require competencies such as empathy, communication, and emotional regulation, which are often taught through structured social and emotional learning programs.

Social and Emotional Learning in Practice

SEL programs are typically structured around five core competencies. These include self-awareness, self-management, social awareness, relationship skills, and responsible decision-making. Schools implement these competencies through classroom lessons, teacher training, and school-wide practices that guide students through positive behavior and emotional regulation. SEL programs are linked to improved emotional regulation and stronger peer relationships (CASEL, 2023).

Studies suggest that SEL programs can also improve academic performance. Students who develop emotional regulation and interpersonal skills often demonstrate stronger engagement with school and improved problem-solving abilities. Research shows that social and emotional learning programs can improve academic outcomes and behavioral development (OECD, 2021).

In the United States, SEL has gained significant traction over the past two decades. As of 2023, all 50 states have adopted SEL competencies at the preschool level, and a growing number have integrated SEL standards into K-12 education. Much of this progress has been shaped by the Collaborative for Academic, Social, and Emotional Learning (CASEL), a U.S.-based organization that has provided frameworks and guidance for schools and districts nationwide. From a policy perspective, integrating SEL into education systems requires investment in teacher training, counselor training, curriculum development, and school climate initiatives. These measures enable education systems to move toward a more holistic understanding of child development. When aligned with human rights frameworks such as the CRC, SEL can work as an applied tool for implementing international commitments and standards within national education policy. While SEL has gained ground in many schools, the students who need it most often have the least access to it, and the benefits of SEL do not reach all students equally.

Marginalized Children and Unequal Developmental Support

While SEL programs remain widely implemented across U.S. schools, recent political debates and changes in education funding from the U.S. Department of Education has created uncertainty about the possibility of some programs surviving long-term (Turner, 2025). The absence of social and emotional support in schools does not affect all children equally. Students from marginalized communities often face additional issues, including economic instability, discrimination, or exposure to violence. These conditions can influence emotional well-being and learning outcomes.

Schools that incorporate SEL may help address some of these disparities by providing structured opportunities for emotional support and relationship building. Without these supports, students may struggle to remain engaged in school, which can contribute to higher dropout rates and long-term inequality.Human rights policy emphasizes the principle of non-discrimination. Under the CRC, states must ensure that all children can exercise their rights equally.

Conclusion

The Convention on the Rights of the Child presents education as a process that supports the full development of children. Articles 6, 28, and 29 collectively emphasize development, participation, and preparation for life in society. These provisions suggest that education systems must address emotional and social development alongside academic learning.

Social and Emotional Learning offers one approach for implementing these commitments in practice. By helping students develop emotional regulation and responsible interpersonal skills, SEL aligns with the overall goal of education outlined in the CRC.

While the CRC does not enumerate  specific programs such as SEL, its provisions establish a clear normative framework that supports policies addressing holistic child development. . Integrating social and emotional learning into education systems may therefore represent an important step toward fulfilling states’ obligations under international human rights law.

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Glossary

• Article 6 Provision of the CRC recognizing the child’s right to life, survival, and development.

• Article 28 CRC provision establishing the child’s right to education and requiring states to make education accessible.

• Article 29 CRC provision outlining the purpose of education, including development of personality, talents, and preparation for responsible life in society.

• Convention on the Rights of the Child (CRC) An international human rights treaty adopted by the United Nations in 1989 that outlines the civil, political, economic, social, and cultural rights of children.

• Educational inequality Unequal access to educational opportunities or resources among different groups.

• Holistic development An approach to child development that considers emotional, social, cognitive, and physical growth together.

• Human rights obligation A responsibility placed on governments through international treaties to protect and fulfill recognized rights.

• Marginalized children Children who experience structural barriers such as poverty, discrimination, or social exclusion.

• Non-discrimination principle A human rights principle requiring states to ensure that rights apply equally to all individuals.

• Social and Emotional Learning (SEL) Educational approaches that teach students skills related to emotional regulation, empathy, communication, and responsible decision-making.

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References

1. CASEL. (2023). Advancing social and emotional learning. Casel.org. https://casel.org

2. Committee, UN. (2001, April 17). Annex 9. General comment no. 1 (2001), Article 29 (1), The aims of education. United Nations Digital Library System; UN,. https://digitallibrary.un.org/record/447223?v=pdf

3. OECD. (2021). Beyond Academic Learning FIRST RESULTS FROM THE SURVEY OF SOCIAL AND EMOTIONAL SKILLS. https://www.oecd.org/content/dam/oecd/en/publications/reports/2021/09/beyond-academic-learning_46cf4e15/92a11084-en.pdf

4. Turner, C. (2025, September 26). What schools stand to lose in the battle over the next federal education budget. NPR. https://www.npr.org/2025/09/26/nx-s1-5544177/trump-school-funding-federal-budget

5. United Nations. (1989). Convention on the Rights of the Child. OHCHR; United Nations. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child