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Implementation of the UNCRC –A view from Scotland, Northern
Ireland and England
Implementation of the UNCRC – A view from Northern Ireland
The UNCRC in Northern Ireland
Alex TennantHead of Policy and Research
Implementation of the UNCRC – A view from Northern Ireland
UNCRC in NI – NICCY’s role
• ‘To safeguard and promote the rights and best interesting of children and young persons’.
• Monitor, Advise, Challenge, Engage
• Work in relation to:
• What needs to be done?
• Why action is needed / why rights
• How government should deliver
Implementation of the UNCRC – A view from Northern Ireland
UNCRC implementation
General Measures of Implementation
• UNCRC – articles 4, 42, 44
• General Comments – esp GC5 (2003)
• Concluding Observations
Implementation of the UNCRC – A view from Northern Ireland
UNCRC Article 4
‘States parties shall undertake all appropriate
legislative, administrative, and other measures
for the implementation of the rights recognised in
the present Convention. With regard to
economic, social and cultural rights, States
Parties shall undertake such measures to the
maximum extent of their available resources and,
where needed, within the framework of
international cooperation.’
Implementation of the UNCRC – A view from Northern Ireland
General Comment 5
Measures include:
• Review of all legislation and guidance
• Justiciability of rights
• Comprehensive national strategy
• Coordination of implementation
• Monitoring / Child Rights Impact Assessment
• Data collection / indicators
• Making children visible in budgets
• Training and capacity building
• Independent Human Rights Institutions
• Raising awareness of UNCRC
Implementation of the UNCRC – A view from Northern Ireland
Concluding Observations 2008
Commented on
• Legislative developments
• Coordination
• National Plan of Action
• Children’s Commissioners
• Allocation of resources
• Training, awareness raising
• Cooperation , awareness raising
• Participation
Implementation of the UNCRC – A view from Northern Ireland
Northern Ireland context
Devolution, suspension, devolution
First period of devolution
Now in second period, second term
Coalition working
Increased ‘normalisation’ of politics
Implementation of the UNCRC – A view from Northern Ireland
NI UNCRC implementation
Children’s Strategy and Action Plans
Resources for Children
Incorporation / Bill of Rights
Children’s Commissioner
Concerns at lack of progress
Implementation of the UNCRC – A view from Northern Ireland
Report: ‘Barriers to Effective Delivery’
NICCY commissioned report from QUB
1. Development of indicators
2. Analysis of 10 key strategies
3. Interviews
Implementation of the UNCRC – A view from Northern Ireland
Report: ‘Barriers to Effective Delivery’
Findings:
• Commitment to children’s rights
• Training and awareness
• Delays in development and implementation
• Translating strategies into outcomes
• Coordination and joined up government
• Resourcing
• Data, analysis and research
• Participation
• CRIA
Implementation of the UNCRC – A view from Northern Ireland
Policy/Strategy Timescale from initial conception to final document
Every School a Good School 2-3 years
Care Matters 3 years
Play and Leisure Policy 4 years
Families Matter 5 years
The Way Forward for Special Educational
Needs5 years +
Children and Young People’s Strategy 5 years
Early Years Strategy 5 years +
Speech, Language and Communication
Therapy Action Plan6 years
Delivering the Bamford Vision 7 years
Safeguarding Board for NI 9 years
Implementation of the UNCRC – A view from Northern Ireland
The way forward - government
• ‘Delivering Social Change’
• Child Rights Indicators
• UNCRC reporting
• Bill of Rights?
Implementation of the UNCRC – A view from Northern Ireland
The way forward - NICCY
• Training and capacity building
• Child Rights Implementation Group
• Budget analysis
• Proposal for Child Rights Legislation
• UNCRC reporting
• Review of NICCY legislation
Alex TennantHead of Policy and Research
alex@niccy.org
www.niccy.org
Contact:
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland
Nico JuettenParliamentary Officer
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland
• Role & remit of the Commissioner
• Scottish devolution in a nutshell
• Political context
• The UNCRC in Scotland: Law, policy and practice
• Proposed Children and Young People (Scotland) Bill
Implementation of the UNCRC – A view from Scotland
Role & remit of the Commissioner
• Commissioner for Children and Young People
(Scotland) Act 2003:
• General function ‘to promote and safeguard the
rights of children and young people’ (s. 4(1)),
‘having regard to (…) the UNCRC’ (s. 5(2))
• Function to review law, policy and practice (s. 4)
• Duty to involve children and young people (s. 6)
• Power to conduct investigations (s. 7)
Implementation of the UNCRC – A view from Scotland
Scottish devolution in a nutshell (1)
Scotland Act 1998:
• Legislative competence limited – an Act of the
Scottish Parliament is not law if:
– It relates to ‘reserved matters’
– It is ‘incompatible with any of the Convention
[=ECHR] rights or with EU Law’
• Analogous restrictions on competence apply to
acts of the Scottish Ministers.
Implementation of the UNCRC – A view from Scotland
Scottish Devolution in a nutshell (2)
Devolved: Education, children and young people;
health and social care; justice, incl. the legal system,
policing, prisons, etc; transport; planning; …
Reserved: Welfare system; immigration; foreign
policy, incl. entering into treaties; defence;
employment; equality; the constitution, incl. the
Union between Scotland and England; …
BUT: ‘observing and implementing international
obligations, obligations under the Human Rights
Convention and obligations under EU law’ is not
reserved
Implementation of the UNCRC – A view from Scotland
Political context: three propositions
• Scotland has developed its distinct political
culture since 1999. It has also developed its own
problems.
• Hostility towards human rights is not generally
one of those problems.
• ‘Rights talk’ v actually conceding power by
conferring enforceable rights upon children.
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Law (1)
• UNCRC not (yet) incorporated into Scots Law,
therefore largely unenforceable in the Scottish
courts.
• International law an ‘aid to interpretation’.
• No force where legislation clearly and
unambiguously runs counter to UNCRC
provisions; Example: corporal punishment
against children – defence of ‘justifiable assault’.
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Law (2)
‘Direct transposition’ of UNCRC provisions into
Scots Law:
– Standards in Scotland’s Schools etc Act
2000 closely mirror articles 28 and 29
UNCRC.
– Children (Scotland) Act 1995: (a) child’s
welfare paramount, (b) child to be heard.
� Certain rights prioritised.
� Leads to inconsistencies.
� Does not confer access to enforceable rights
upon children and young people.
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Policy (1)
• UNCRC frequently referenced in national policy
documents.
• Flagship framework for children’s services
Getting It Right For Every Child said to be based
on the principles of the UNCRC.
• Scottish Government’s 16 National Outcomes.
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Policy (2)
• No Children’s Rights Impact Assessment (CRIA)
or similar systematic appraisal of policy.
• Tendency to locate children’s rights in children’s
services policy.
• Key delivery and accountability mechanism at
the interface of central and local government has
been weak on children’s rights.
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Practice
• Some excellent practice � but: patchy, and lacks
a systematic approach across the board.
• Low levels of awareness of CR in public services
generally; e.g. children with a parent in prison.
• 56% of children and young people had not heard
about the UNCRC prior to this piece of work
(2010; n=74,059).
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Summary (1)
Strengths
• Pockets of good practice in CR; appetite to build
on those.
• Relatively benign political climate for the
advancement of children’s rights; strong civil
society support.
• No legal/constitutional barriers to incorporate the
UNCRC into Scots Law (devolved matters!).
• Opportunities for progress now and in near future.
Implementation of the UNCRC – A view from Scotland
The UNCRC in Scotland: Summary (2)
Weaknesses
• Problematic understandings of CR among policy
makers – risk of ‘ghettoisation’.
• Lack of effective leadership on all levels of
government and service delivery.
• Political will to give children and young people
and their advocates real power to enforce their
rights?
Implementation of the UNCRC – A view from Scotland
Proposed Children’s Legislation (1)
FM: Rights of Children and Young People
(Scotland) Bill; followed by Children’s Services Bill
(Sep 2011).
Consultation on proposals for a RCYP (S) Bill:
– Duty on Ministers to have ‘due regard’ to the
UNCRC in the exercise of all their functions;
– Duty to report to Parliament on
implementation;
SG: Not incorporation; SG has no power to
incorporate.
Implementation of the UNCRC – A view from Scotland
Proposed children’s legislation (2)
• Respondents (120+) overwhelmingly in favour of
the proposed bill, or stronger version.
• Small minority opposed the proposals, largely
citing existing obligations on Ministers to comply
in international law.
� SG response to the consultation (May 2012):
single Children and Young People (Scotland) Bill,
to be introduced in 2013.
Nico JuettenParliamentary Officer
0131 558 3733
nico.juetten@sccyp.org.uk
www.sccyp.org.uk
Contact:
Implementation of the UNCRC – A view from England
The UNCRC in England
Ross HendryDirector of Policy
Implementation of the UNCRC – A view from England
The UNCRC in England
• Role and remit of the Children’s Commissioner
• Children’s Rights – the English context
• Legislative framework
• Policy context
Implementation of the UNCRC – A view from England
Role and remit of the Children’s Commissioner
Children Act 2004, Part 1
The Children’s Commissioner should “promote the views
and interest of children and young people” (2.1),
and to have…
“particular regard to groups of children who do not have
other adequate means by which they can make their
views known.” (2.6)
Implementation of the UNCRC – A view from England
Role and remit of the Children’s Commissioner
• The Children’s Commissioner has specific powers set
out in legislation to:
• Enter any premises (s.2.8a)
• Interview the child in private (s.2.8b)
• Require information to be provided to aid our work
(s.2.9)
• Require a response to our reports/ recommendations
(s.2.10).
• Inquiry powers including summoning witnesses
and taking evidence under oath (s.3)
Implementation of the UNCRC – A view from England
John Dunford’s review of OCC and the Government’s response
• Review; WMS; Consultation; pre-legislative scrutiny
• Children and families Bill 2013:
� remit to promote and protect children’s rights as
defined by the UNCRC
� Merger with children’s Rights director
� Existing powers +?
� Paris Principle compliant
but…. What will independence mean?
What will the budget be?
Role of Government vs. Parliament
Implementation of the UNCRC – A view from England
Children’s Rights – the English contextPart 1: The positives
• Implementation vs. incorporation
• The strength of some domestic legislation
• The Government’s commitment and political champions
• The strength of ‘the sector’
Implementation of the UNCRC – A view from England
Children’s Rights – the English contextPart 2: The barriers
• Attitude to children’s rights
• Portrayal of children and young people
• Awareness of the CRC amongst professionals
• Social, economic and cultural rights
• Debate on relative standards and
Implementation of the UNCRC – A view from England
Legislative framework
• Children Act 1989
• Human Rights legislation
• Section 55 of the Borders, Citizenship and Immigration Act 2009
• Supreme Court Judgements
• Cabinet Office ‘Guide to Making Legislation’
• Home Affairs clearance
Implementation of the UNCRC – A view from England
Policy context and Government action:Part 1: The positives
• Dec. 2010 Written Ministerial Statement of due
consideration to the UNCRC when making new
legislation
• Updated statutory guidance on the roles and
responsibilities of Director of Children Services
and lead members of Children Services
• Awareness raising by DfE across
Government
Implementation of the UNCRC – A view from England
Policy context and Government action:Part 2: The positives
References to UNCRC in various policy
developments:
• End the detention of children for immigration
purposes
• Bailey Review on commercialisation and
sexualisation of childhood
• Munro report on Child Protection services
• Child Poverty Strategy
• Positive for Youth
• SEN and Disabled children’s policy
Implementation of the UNCRC – A view from England
Policy context and Government action:Part 2: The ‘not-so-positives’
• Welfare Reform
• Youth Justice
• Health Reforms
• Impact of Austerity measures and impact on local
services
• Child Poverty Strategy
• No prospect of incorporation or
Child Rights Impact Assessments
Implementation of the UNCRC – A view from England
Where next for England?
Ross HendryDirector of Policy
0207 7838409
Ross.Hendry@childrenscommisisoner.gsi.gov.uk
www.childrenscommissioner.gov.uk
Contact:
Implementation of the UNCRC – A view from Scotland, Northern Ireland and England
Questions for discussion:
• Are the pictures painted familiar?• Is divergence inevitable post devolution?• How can gains be spread and setbacks be restricted?• What impact does the political and public discourse
around rights have with regard to implementing the UNCRC?
• What impact does ‘national’ government policy have on local implementation and experience?
• If we can implement the CRC piecemeal is incorporation important?
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