UN Convention of the Rights of the Child 1989(UNCRC) Commitments and Possibilities Professor Berit Bae, Oslo University College, Oslo, Norway

Main issues - central questions How to use the UN Convention on the Rights of the Child (UNCRC) and related documents/comments in promoting the quality of life for children in orhanages and fosrter care in Western Balkan? Focus on etablishing/supporting networking between institutions and leaders, and to support capacitybuilding and training for persons involved with children.

Overview 1.Some central principles in the UNCRC 2. The international context - how work with the UNCRC is organised 3.Internet resources: important information 4.Some important documents and central principles 5. Ideas on how to use UN documents in network building – on all levels: local, national and international

Some central principles in the UNCRC Overriding: the best interest of the child (art 3) the different articles must be seen in connection with each other must be interpreted in national contexts and in local settings, for relevant groups

The international context – how work with UNCRC is organised UN Committee of the Rights of the Child (Geneva) -”General comments”- authoritative interpretations of the articles in the UNCRC - comments on reports from governments and NGOs and other organisations Organisations working for child rights - UNICEF -Ombudspersons - NGOs: - Save the children, Plan, etc.

UN Child Right Comittee (Geneva) Members: international experts (18) Functions: surveying how countries work with implementing UNCRC, commenting on national reports to the Child Right Committee, gives recommendations to each country The comments and recommendations can be used to put pressure on national and local governments, and to cooperate with organisations (NGOs)

Ex- jugoslavian countries reports to and recommendations from CRC (Geneva) – some examples Slovenia Croatia Bosnia-Herzegovenia Makedonia Serbia Montenegro -2010

Example of recommendation from CRC “The committee also recommends the State Party to develop quality standards of foster care and to significantly decrease the time spent in institutions for children deprived of parental care”. “It further recommends that adequate resources be allocated for the proper functioning and monitoring of the care institutions and foster care”. (To Croatia 2004, to Bosnia-Herzegovina 2005)

Internet adresses - important information sources (Office of High Commisioner of Human Rights) Governmental documents, Reports from sessions in the Child Right Committee (Child Right Information Network) Documents and reports from NGOs(non- governmental orgaisations Articles on issues relevant for work with children in orhanages and fostercare

The role of the of the NGOs The work of the NGOs are built on the UN Convention of the Rights of the Child – they are committed to follow the recommendations from the CRC in Geneva NGOs in ex-Jugoslavian countries: Save the Children Center for Social Policy Initiatives(Croatia) Coalition of NGOs in Serbia under the coordination of the Child Rights Center

Montenegro – a relevant case Committee on the Rights of the Child 55th session in Geneva – Monday 20th and Tuesday 21 September 2010 Initial Report from Montenegro 5 documents from Montenegrian NGOs organisations

Some important UN documents General Comment No.7(2006), “Implementing child rights in early childhood,” CRC/C/GC/7/Rev1 General Comment No 12(2009). “The right to be heard”, CRC/C/GC/12 Resolution adopted by the General Assembly (24.February 2010): ”64/142. Guidelines for the Alternative Care of children” ”Status of the Convention on the Rights of the Child” - Report to Secretary- General, 2nd August 2010

Central principles in the UN CRC recommendations re small children View of children and their communicative competence – respect from the earliest age Capacitybuilding and training for persons/ professionals who are involved with children in orphanages and fostercare Small groups in alternative care/institutions – allow children to bond with their primary carers

From General Comment - ”Implementing child rights in early childhood”(2006) “A shift away from traditional beliefs that regard early childhood mainly as a period for the socialization of the immature human being towards mature adult status is required. The Convention requires that children, including the very youngest children, be respected as persons in their own right”.P. 3.

From ”The right to be heard”(General Comment no 12 from 2009) “Research shows that the child is able to form views from the youngest age, even when she or he may be unable to express them verbally. Consequently, full implementation of article 12 requires recognition of, and respect for, non-verbal forms of communication including play, body language, facial expressions, and drawing and painting, through which very young children demonstrate understanding, choices and preferences” p. 11.

Ideas regarding use of UN documents in national/international network building Read the national reports sent to the CRC in Geneva, and the comittee’ s recommendations for each country; focus on issues relevant for the work of the leaders of the orphanages; discuss with each other (directors and staff)

Continued: Ideas ….contact local officials, members of relevant NGOs, relevant educational institutions(universities) to start a dialog regarding common grounds, and the possibility of partnerships

Continued Ideas: …… competence and capacity building language training, computer competence, dialog seminars, discussion groups on relevant professional texts observations – reflections on photos/video footage discussions with students and international observers

“Looking forward. The UN Child Rights Committee urges: all States parties, inter-governmental organizations, non-governmental organizations, academics, professional groups and grass-roots communities to continue advocating for the establishment of independent institutions on children’s rights and foster continuous, high-level policy dialogues and research on the crucial importance of quality in early childhood, including dialogues at international, national, regional and local levels”. From UN CRC General Comment no 7, 2006)