Delivering on children’s rights
Delivering on children’s rights
Delivering on children’s rights
What are General Measures?
The UNCRC Committee checks how each country is doing at keeping the promises governments have made to children and young people. One of the key areas they explore is how governments put legal and administrative measures in place to make sure the UNCRC is upheld. This includes things like laws to make sure children can take action if a right has been breached, teaching people about the UNCRC, Child Rights Impact Assessments (CRIAs – this helps government work out if children could be discriminated against by new laws or policies), listening to the views of children and young people and making sure an independent children’s commissioner is in place to monitor how well government is doing.
What does the UNCRC say?
Governments must do all they can to make sure that every child in their countries can enjoy all the rights in this Convention.
Children’s education should help them fully develop their personalities, talents and abilities. It should teach them to understand their own rights, and to respect other people’s rights, cultures and differences. It should help them to live peacefully and protect the environment.
Children accused of breaking the law have the right to legal help and fair treatment. There should be lots of solutions to help these children become good members of their communities. Prison should only be the last choice.
If the laws of a country protect children’s rights better than this Convention, then those laws should be used.
Governments should actively tell children and adults about this Convention so that everyone knows about children’s rights.
What else does the UNCRC Committee say about General Measures and implementation of children’s rights?
General Comment 2 is on the role of National Human Rights Institutions, UNCRC General Comment 5 is on General measures of implementation, General Comment 12 is on the right to participation and General Comment 19 is on public budgeting and children’s rights.
Do children and young people feel government is doing what they can to implement children’s rights?
Rights Education
“ I don’t think children in my community can access the support necessary, due to the lack of education around the UNCRC, leaving children not understanding their rights, and ensuring they can access the proper education setting for them”
“There is a serious lack of adequate education around the UNCRC, including in ‘Rights respecting schools. Education can vary greatly, depending on the school and the individuals teaching/in positions of power”
“Young people within my community often lack knowledge regarding their rights and therefore are unaware of when their rights are breached in regard to education and what bodies are available to support them in their pursuit of education. Commonly SEN children are the victims of this”
“One of the main issues for young people to access this right is that the school settings are no longer appropriate, not meeting the young people’s needs”
“Another issue for young people in their right to develop the goals of education is a lack of resources to explore their talents and abilities due to poverty or lack of school funds.”
Participation of children and young people
“In all aspects of life young people should not have to persuade adults why they should be heard because it is in fact a right. The views and opinions of young people can provide a unique perspective when it comes to problem solving, especially when the problem affects modern day young people. If there was collaboration between us and decision/policy makers, we will be successful in initiating change to benefit young people and adults alike.”
“Participation impacts everyone’s rights. More participation is necessary in institutions and services, so money spent on resources isn’t wasted”
“It’s only issues the adults present that are addressed, as opposed to what YP know about specific issues that affect them. The institution remains in its control, as opposed to being more transparent and collaborative about issues affecting YP”
“Just like Martin Luther King I have a dream… A dream for young people to work alongside adults, a dream to ensure impactful change, a dream that brings the voices of young people into the light.”
“We want to see the Lundy Model being adopted by all government departments and public bodies, including schools”
“All this sounds well and good, but how do we implement this, how do we break this concept down? Well, we can implement the Lundy Model, created by Laura Lundy, Professor at Queens University Belfast. Her framework has 4 main components:
Voice – this means young people should be facilitated to express their views in a way that works for them. Verbally it is not the only way for children to express their views, some may wish to write, draw or sign their opinions/ideas.
Space – children must be given safe inclusive opportunities to form and express views. This could be by providing a smaller environment or being with a young person in an area they feel safest in like at school
Audience – views must be listened to by someone who can initiate real change. Often young people don’t get the chance to speak to policy makers or organisations which can uplift their views into big discussions, so it is important that we give them that chance.
Influence – their views must be acted upon as appropriate, that means not just a simple head nod. Regardless of whether you are a doctor or politician, you should try to take the views of children on board in your work.
Now we can apply the Lundy Model on three levels:
Individual – engaging with them about their personal care and education
Service – engaging with them to improve your service delivery.
Strategic – actively listen to them to inform your strategic decisions.”
Child Rights Impact Assessments
“Childs Rights Impact Assessments (UNICEF) – supports governments to protect and promote children’s rights. This helps children have a voice and it is extremely helpful for children in deprived areas, not only around the world, in the UK, in NI.
- Reduces risk of government funding on stuff we don’t need and prevents children from being hurt in that situation.
- Make sure children have a voice in adult dominated decision making – and that it’s taken seriously.
- So, children can understand new laws and always have their rights, and rights protected and acknowledged.
In NI no government bodies are required to undertake CRIA (though we need it) although in Section 75 of NI Act 1998 to assess and consult.”
“Using CRIAs for children themselves is a really good tool as it starts conversations about their rights and helps them think through their own opinions and develop their ideas about the issue.”
“Children and young people should get training and a pack on how to use children’s rights. This should include information on what rights are and who is responsible for upholding them. Basic CRIA so that children can make suggestions for improvement. The language should be accessible and easy to understand.”
The role of National Independent Human Rights Institutions
“Everyone must know about children’s rights and NIHRIs like NICCY should help to achieve this through supporting education in schools and child friendly communication on different platforms. They should also make sure parents and all those who work with children and young people should know about children’s rights.”
“National Independent Human Right’s Institutions should be clearly independent from Government and not take on the role of Children’s Ministers or Children’s Champions. Their duties and powers should be written in law so that their role is clear and independent assessment of how Government is doing at promoting and protecting children’s rights is respected.”
“Children’s Commissioners should make sure their office is accessible to all children regardless of language, age, religion or ability. They should have staff who are properly trained to make sure they use appropriate communication for the target audience, including very young children, non-verbal children and children and young people outside formal education.”
“Children’s Commissioners need to make sure everyone knows what they do and how to reach them. Children shouldn’t have to rely on parents of teachers to make contact with the children’s commissioner’s office – they should be able to find out information in a way that suits them. It is important to keep up to date with new technologies and social media platforms that children and young people use and make use of different methods such as gamification of information on how children can advocate for their rights.”
“Children and young people should be able to play an active role in how NIHRIs deliver their work. This involves all aspects of Article 12 as set out in the Lundy model including; access to information, having a say, access to the right audiences and meaningful influence in decisions. It’s important that Commissioners spend time on this aspect of their work to practice what they preach to Government.”
“It is important that Commissioners show governments how to effectively promote participation of children and young people in all decisions that affect them, whether that is in anything from their education or health to local planning decisions on parks and public space to how diesel emissions affect air quality. Children’s voices are important in any decisions and NIHRIs should clearly promote this message and monitor to make sure it happens.”
The Children’s Services Cooperation (NI) Act 2015
“The CSCA is a great opportunity for government to put children’s rights in practice because it tells departments to work together in children’s best interests and pay attention to the UNCRC. We don’t see much evidence of this being used which is a missed opportunity to get it right for children and to save money.”
“There are lots of examples in health, education and other aspects of children and young people’s lives that we can see are opportunities to work together to make things easier for children and save money. For example, children could receive more basic healthcare and health information through school nurses, special therapies could be carried out in special schools when needed.”
Children’s Budgeting
Children’s budgeting is about looking at how much, and how well, money is being spent by government to help children and young people. It is about examining the resources that national and local government allocate to policies, programmes and services that benefit children and young people, and about whether these adequately reflect their needs. It is about assessing whether children’s rights are effectively enabled by a government’s budgetary decisions and about looking at whether the policy promises that governments make are backed up with money to make them happen. In order to engage effectively with the government it is also important to understand the budget process and be able to study and analyse it. You can find out more about children’s budgeting here.
What do we want to happen?
- Children’s rights must be prioritised by Government. Children’s budgeting should be implemented across the executive.
- More investment in the education sector and in rights education is needed.
- Talking to children, young people and their carers about what would be best going forward.
- Full and direct incorporation of the UNCRC into domestic law.
- Wider exploration and publicity around the right to education and the right to education on rights through government, schools and public bodies.
- Children’s rights impact assessments should already be carried out before a new policy, strategy or legislation goes to consultation. NICCY should continue to operate as an Independent Children’s Rights Institution, independent from Government.
- Decision making that doesn’t involve children and young people should only ever happen when there is a really good reason, such as not being able to keep children safe or when it isn’t in their best interests.
You can find out more about NICCY’s work on General Measures, and implementing children’s rights here.