Brief Introduction to the United Nations Convention on the Rights of the Child (UNCRC) Children, Young People and Families Division Welsh Assembly Government

Background to the United Nations Convention on the Rights of the Child (UNCRC) • The UNCRC is an international agreement across the world which sets out rights of children between the age of 0 and 18. It has been in existence for 21 years following the adoption by the UN General Committee in 1989 and it is the most widely adopted of all international agreements. The UNCRC itself consists of 54 articles. There are two optional protocols which cover specific issues and rights

What is a right? • Human rights are the basic things that all human beings are entitled to in order to survive and to develop. Every single person regardless of their age has human rights, and the Government has a responsibility to make sure that people’s rights can be accessed, are respected can be enjoyed. • Children and young people need special rights because they are relatively more vulnerable compared to adults. The UNCRC brings together children’s human rights into one international convention. • The Government has a responsibility to ensure that all people understand and respect Children’s Rights - this includes children and young people, parents, families, carers, teachers etc.

Rights within the UNCRC are:- Universal – The same for everyone regardless of race, sex religion politics etc Indivisible – They are equally important and Interdependent Inalienable –All human beings have rights and they cannot be taken away It is also important to remember that they are unconditional – You do not have to behave in a certain way or qualify for them. You get them by simply being alive!

What type of Rights are in the UNCRC? Protection, Provision and Participation a) General Principles b) Civil Rights and Freedoms c) Family Environment and Alternative Care d) Basic Health and Welfare e) Education, Leisure and Cultural Activities f) Protection and Safety

Rights Holders and Duty Bearers Claims rights from Fulfils responsibility towards

Welsh Assembly’s Commitment to the UNCRC The Welsh Assembly Government formally adopted the United Nations Convention on the Rights of the Child as the basis for policy making for children and young people (0-25) in Wales in January 2004 and it received strong cross-party support from the National Assembly for Wales. WAG’s Seven Core Aims for children and young people were developed to summarise the UNCRC to help with national and local planning and delivery of services for children and young people.

Concluding Observations of the UN Committee • In October 2008, the UN committee issued their ‘Concluding Observations' which pointed out that despite some successes, the UK Government and the Welsh Assembly Government still has a long way to go. • The concluding observations drew particular attention to: - the gap between policy and practice - the low levels of awareness of the UNCRC - the need for legislation • In July 2009, the former First Minister announced that he would explore the possibility of introducing a Measure to embed the principles of the UNCRC into Welsh law. In November 2009, Getting it Right, the first ever UNCRC action plan for Wales was launched. This identified 16 priority areas and 90 actions

Priorities In Getting it Right 1) Tackling child poverty 2) Delivering positive outcomes for the most Vulnerable 3) Raising Awareness of the UNCRC 4) Reducing gap between policy and outcomes 5) Improving learning achievement 6) Supporting emotional wellbeing 7) Improving opportunities to play in safety 8) Increasing opportunities for participation in decision making 9) Eliminating discrimination against those with disabilities

Priorities In Getting it Right cont…. 10) Making physical punishment illegal 11) Eliminating all forms of bullying 12) Ensuring refugee and asylum seekers can claim their rights 13) Eliminating discrimination and age based Inequality 14) Ensuring those in the most deprived areas can enjoy their rights 15) Improving the transparency of budgeting 16) Ensuring those in the criminal justice system can claim their rights

Understanding of Rights How Rights Can Stimulate Change Knowledge and Understanding of Rights Increased Exercise of and Access to Rights Improved Wellbeing 1 2 3

Proposed Rights of Children and Young Person’s (Wales) Measure

What does the Measure Contain? In Summary A Duty placed on Welsh Ministers to Have Due Regard to the UNCRC Section 1 The Children’s Scheme – Section 2 Preparing the Scheme and Reporting on it - Sections 3 and 4 Duty to Promote Knowledge of the UNCRC - Section 5 A Power to Amend Current Legislation and bring it into line with the UNCRC – Section 6 Applying to Young People (aged 18-24) – Section 7 The UNCRC – Section 8 and the Schedule

Key Dates to Remember May 2011 31st March 2012 1st May 2012 Measure becomes law and all duties take effect with exception of the Section 1 Due Regard duty 31st March 2012 First Draft Scheme laid before National Assembly for Wales 1st May 2012 Welsh Ministers must have Due Regard to UNCRC when making decision about developing policy and legislation 1st May 2014 Welsh Ministers must have Due Regard to UNCRC when exercising their functions using a legal power or duty