This paper aims to explore and develop a theoretical approach for children's rights research in education formed through an encounter between the sociology of childhood and John Dewey's educational theory. The interest is mainly methodological, in the sense that the primary ambition of the investigation is to suggest a fruitful and useful theoretical base for formulating research problems and undertaking research in children's rights in education. The paper argues that, particularly in educational settings, research into children's rights can and must be attributed to children both as full-status humans in a socio-politically contextual present, and as continually growing and changing, immature and dependent humans. From the theoretical encounter suggested in the paper, the much-used distinction of the child as either being' or becoming' can be reconsidered, and another point of departure for the study of children's rights issues in education can be discerned.