implementation of the uncrc – a view from scotland ... 7_children's rights conference... ·...

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


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


UNCRC implementation

General Measures of Implementation

• UNCRC – articles 4, 42, 44

• General Comments – esp GC5 (2003)

• Concluding Observations


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.’


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


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


Northern Ireland context

Devolution, suspension, devolution

First period of devolution

Now in second period, second term

Coalition working

Increased ‘normalisation’ of politics


NI UNCRC implementation

Children’s Strategy and Action Plans

Resources for Children

Incorporation / Bill of Rights

Children’s Commissioner

Concerns at lack of progress


Report: ‘Barriers to Effective Delivery’

NICCY commissioned report from QUB

1. Development of indicators

2. Analysis of 10 key strategies

3. Interviews


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


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


The way forward - government

• ‘Delivering Social Change’

• Child Rights Indicators

• UNCRC reporting

• Bill of Rights?


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

[email protected]

www.niccy.org

Contact:

Implementation of the UNCRC – A view from Scotland

The UNCRC in Scotland

Nico JuettenParliamentary Officer


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


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)


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.


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


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.


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’.


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.


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.


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.


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).


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.


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?


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.


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

[email protected]

www.sccyp.org.uk

Contact:

Implementation of the UNCRC – A view from England

The UNCRC in England

Ross HendryDirector of Policy


The UNCRC in England

• Role and remit of the Children’s Commissioner

• Children’s Rights – the English context

• Legislative framework

• Policy context


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)


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)


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


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’


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


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


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


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


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


Where next for England?

Ross HendryDirector of Policy

0207 7838409

[email protected]

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?

implementation of the uncrc – a view from scotland ... 7_children's rights conference... ·...

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