IV. Legal analysis of Article 31A. Article 31, paragraph 1.14. State Parties recognize the rights of the child to:

Rest. The right to rest means that children must take the necessary rest in work, education or any other type of effort to fully enjoy good health and well-being. It also means that they must be granted the opportunity of sleeping enough. When making the child’s right to take a break from any activity and have an appropriate rest, his/her evolving capacities and developmental needs should be considered. Finally, rest and leisure are so important for child development as nutrition, housing, healthcare and education. Without enough rest, children lack energy, motivation and mental and physical capacity for a beneficial participation or learning. Depriving them from rest may have an irreversible physical and psychological effect on their development, health and well-being. They also need leisure, that is to say, time and space free from obligations, recreational activities or stimuli to which they can react as actively or inactively as they wish.

Play. Children’s play is understood as any behavior, activity or process initiated, controlled and organized by children themselves; it takes place wherever and whenever opportunity arises. Persons looking after children can contribute to creating an environment favorable for playing, but play itself is voluntary, is derived from an intrinsic motivation and is a goal in itself, not a means to attain a goal. Play entails the exercise of autonomy and of physical, mental or emotional activity, and can adopt endless forms, being developed individually or in a group. Such forms change and adapt themselves in the course of childhood. The main characteristics of play are fun, uncertainty, challenge, flexibility and non-productivity. These factors jointly contribute to the enjoyment produced by play and to the subsequent incentive to go on playing. Although play is frequently considered as a non-essential element, the Committee reaffirms that is a fundamental and vital dimension of pleasure in childhood, as well as an indispensable component of physical, social, cognitive, emotional and spiritual development.

Leisure. Leisure refers to the time in which the child can engage in play or recreational activities. It implies the existence of free time or time exempt from any obligation related to formal education, work, household tasks, making a living or performing activities conducted by other persons. In other words, it requires a largely discretionary amount of time that the child can spend as he/she pleases.