Why we do it
There is lots of information about participation and what means for children and young people. Below are some of the key pieces of policy development and legislation around the issue of participation and having your say:
UNCRC
The convention on the rights of the child has many articles concerning participation one of which is article 12 which states that 'States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child'. Article 12 is closely linked with other articles including articles 13 and 14 (freedom of thought and expression), articles 9(2) and 21(a) (voice of the child in parental separation and adoption proceedings) and article 40 (voice of the child in juvenile justice proceedings).
UNICEF have stated recently that this ‘…covers a very wide range of court hearings and also formal decision-making affecting the child in, for example, education, health, planning, the environment and so on’ (UNICEF 2007:149)
NICCY’s legislation
NICCY’s role of safeguarding and promoting the rights and best interests of children and young people .NICCY is tasked to ensure that we involve and listen to the views of children and young people. This can be seen throughout the various provisions of the legislation including;
Article 6 para.(2)
In determining whether and, if so, how to exercise his functions under this Order in relation to any particular child or young person -
(a) the Commissioner's paramount consideration shall be the rights of the child or young person; and (b) the Commissioner shall have regard in particular to the ascertainable wishes and feelings of the child or young person (considered in the light of his age and understanding);
Article 6 para. (3)
(b) (3) In determining whether and, if so, how to exercise his functions under this Order, the Commissioner shall have regard to - (a) the importance of the role of parents in the upbringing and development of their children; and (b) any relevant provisions of the United Nations Convention on the Rights of the Child.
Article 7(5)
The Commissioner shall take reasonable steps to ensure that -
- (a) children and young persons and their parents are made aware of -
- (i) the functions of the Commissioner;
- (ii) the location of the Commissioner's office; and
- (iii) the ways in which they may communicate with the Commissioner;
Article 7 (5) (b)
Children and young persons are encouraged to communicate with the Commissioner;
Article 7 (5) (d)
The views of children and young persons and their parents are sought concerning the exercise by the Commissioner of his functions;
Article 7 (5)(e)
The services of the Commissioner are, so far as practicable, made available to children and young persons in the locality in which they live.
Government requirements
1. 10 year strategy
The ten year strategy for children and young people 2006-20116 contains an explicit commitment to pursue better implementation of article 12 stating that: ‘in accordance with the UN Convention on the Rights of the Child, we will be pro-active in obtaining the views of children in matters of significance to them.’ (OFMDFM 2006c:20).
The action plan which accompanies this has stated that all departments must consider the views of children and young people in the development of policies which impact their age group.
2. Section 75
Guidance issued by the Equality Commission in 2008 entitled ‘Let’s talk, let’s listen’ provides a useful resource for public authorities consulting with children and young people under s75 of the Northern Ireland Act, highlighting that: “Schedule 9 (4) (2) (b) of the 1998 Act givesyour organization a duty to assess and consulton the likely effects of the policies you have putin place (or plan to put in place) to promoteequality of opportunity. As a result, you mustconsult children and young people across thenine categories listed under Section 75 (1) toask for their views on how a particular policymay affect them” (ECNI 2008:11). The guidance explains to public authorities that consulting with children and young people involves providing “information which is clear, easy to understand and in an appropriateformat”, as well as recognising the “differentneeds children and young people have (for example, children who do not speak English as their first language, children who have learning disabilities and so on)” (ECNI 2008:15).
3. Education and Library Orders (NI) 2003
The importance of Participation in legislation, can be seen through the development of education orders such as the following:
The Education and Libraries (Northern Ireland) Order 2003 clearly states the importance ofconsultation with pupils. Indeed, it identifies that beforemaking (or revising) policies or general principles concerning discipline, the Board of Governors must listen to the opinions of pupils. This also includesways to encourage good behaviour and respect forothers and, in particular, preventing all forms of bullyingamong pupils. School councils will support schools, in a participativeway, to gather pupils’ thoughts and feelings aboutissues that are important to them and that may have animpact on the school environment.
The Education (Northern Ireland) Order 1998 - Articles 13(2) states that it is the duty of the Board ofGovernors of a school to prepare, and from timeto time revise, a School Development Plan. Thelegislation also says that in preparing this plan, theBoard of Governors must consider any guidance givenby the Department of Education.
In June 2005, the Department issued guidance entitled ‘School Development Planning’, which states (pages 6 & 7) that “The quality and value of pupils’ contributionto improving the life of the school is potentially very great, even among the younger children. It isdependent on the extent to which the Principal andstaff are able to create opportunities and the climate forconstructive and positive debate.”5 It goes on to suggest that although consultation can be organised in a variety of ways, one of these could be the establishment of a school council.