an introduction to children’s rights

An introduction to children’s rights

Group activity

agenda

• What are human rights?• Why children’s rights?• The UNCRC• Children’s rights in Wales• Children’s rights for police officers• Reflection and evaluation

Core Principles of Human Rights

• Universal

• Inalienable

• Indivisible

• Accountable

FREDA principles

• Fairness and freedom• Respect• Equality• Dignity• Autonomy

Laws v rights

• Some laws correspond with the UNCRC– eg Right to life / Murder laws

• Some laws are in conflict with the UNCRC– eg Right to justice / 28 day detention without

trial

Why do children need separate rights?

• Maturity• Voiceless and invisible• Possessions

Wants, Needs and Rights

• Want - a desire for something

• Need - the state of requiring help, or of lacking basic necessities such as food

• Right - a moral or legal entitlement to have or do something

The 4 Components of a Right

1. The Rights Holder (a human being )2. The Object (the thing they have a

right to)3. The Obligated (people or institutions

- “duty bearers”)4. The Justification (greater human

dignity, societal development, a peaceful society)

Body of Rights

The UNCRC

• 54 articles• 41 substantive articles• 3 domains

4 underpinning rights

Article 2 - No discriminationArticle 3 - Best interests of the childArticle 6 - Right to lifeArticle 12 - Right to be heard

National Children and Young People’s Participation Standards

1. Information- which is easy for children and young people to understand

2. It’s Your Choice – enough information and time to make an informed choice

3. No Discrimination - every young person has the same chance to participate.

4. Respect- Your opinion will be taken seriously

5. You get something out of it- You will enjoy the experience

6. Feedback- You will find out what difference your opinion has made

7. Improving how we work- Adults will ask you how they can improve how they work for the future

Implementing the right to education- an example

Government

Has an obligation to find & allocate resources, define policy, achieve progress against targets

Education institutions

Have an obligation to train teachers, organise resources, create a child friendly environment

Teachers Have an obligation to teach well, to encourage parents, to support all children

Parents Should support their children’s learning

Children and young people

Should respect other children in order to support their peers to exercise their rights

The reporting process

• Every 5 years• Reports to the UN:

– UK Government (inc section by WAG)– NGO report– Young peoples report– Children’s Commisioners’ report (4

nations)• Concluding observations• WAG action plan• Monitoring group

Coffee break

Devolved and non-devolved powers

Devolved powers

•Education•Youth work

•Play•Community development

•Social Services

Non-devolved powers•Police•CPS

•Courts•Custody

Youth Offending Teams/Services

UN Concluding Observations 2008 most relevant to police officers 1

WAG/UK government must1. Provide training on the UNCRC for all adults working with

children, including the police2. Do everything it can to make sure that the best interests

of the child are part of every law or policy that affects children, including in criminal justice and immigration

3. Promote the principle of respect for the child’s views in the courts and in any other proceedings affecting the child

4. Think again about the use of ASBOs as they may go against the rights of children to move around freely and to gather together

5. Think again about the use of the mosquito device and other measures as they may go against the rights of children to move around freely and to gather together

UN Concluding Observations 2008 most relevant to police officers 2WAG/UK government must

6. Make sure that children are protected in law and in practice against unlawful or unnecessary interference with their right to privacy

7. Carry out research into why teenagers use drugs and alcohol so that programmes can be developed to reduce the level of drug and alcohol use

8. Make the age of criminal responsibility higher9. Find alternatives to locking up children who are in

trouble with the law10.Make sure that children are only locked up as a last

resort and for the shortest possible time

Children’s Rights legislation & policy in Wales

• 2004 Children Act – WAG adopted UNCRC as basis for all policy for children

• Seven core aims – based on UNCRC

• National Action Plan – Getting it Right 2009 - addressing 16 priorities for Wales

• Children and Families (Wales) Measure - passed in 2010

• Rights of Children and Young Persons (Wales) Measure - Ministers will have to pay due regard to the UNCRC in all decisions they take

Articles most relevant to police officers

• Article 12 – right to be heard• Article 15 – right to meet with other children and

young people• Article 16 – right to privacy• Article 22 – refugee children have the same rights

as children born in Wales• Article 31 – right to play• Article 37 – if young people break the law, they

should not be treated cruelly• Article 40 – if accused of breaking the law, young

people should receive legal help

Think of a child …

Putting learning into practice

Any final questions?