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 Youth Justice Planning and Policy 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)

Reincarnation Island

The UNCRC 54 articles 41 substantive articles 3 domains

4 underpinning rights Article 2 - No discrimination Article 3 - Best interests of the child Article 6 - Right to life Article 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 GovernmentHas 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 TeachersHave an obligation to teach well, to encourage parents, to support all children ParentsShould 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 Welsh Government) –NGO report –Young peoples report –Children’s Commisioners’ report (4 nations) Concluding observations Welsh Government 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 youth justice planning & policy officers 1 Welsh Government/UK government must 1.Make sure that the rights in the UNCRC are known and understood by adults and children 2.There must be training on the UNCRC for all adults working with children including the police, health professionals, social workers 3.Do more to raise awareness about and prevent discrimination against children 4.Make sure the best interests of the child are part of every law or policy affecting chidren, including criminal justice 5.Introduce automatic, independent public inquiries into any unexpected child death or serious injury 6.Treat Taser guns and similar devices as weapons, subject to the same rules as othe weapons 7.End the use of all harmful devices on children

UN Concluding Observations 2008 most relevant to youth justice planning & policy officers 2 Welsh Government/UK government must 8.Must ensure respect for children’s views in the family, school, communities and institutions 9.Promote the principle of respect for the child’s views in court and other proceedings 10.Think again about the use of ASBOs 11.Think again about the use of the mosquito device and other measures that prevent Article 15 (freedom of association) 12.Do more to respect the privacy of children in the media and avoid publicly shaming children 13.Make sure restraint is only used as a last resort, to prevent harm to the child 14.Ban all ways of physically restraining children for ‘discipline’

UN Concluding Observations 2008 most relevant to youth justice planning & policy officers 3 Welsh Government/UK government must 15.Provide education and training on how to positively bring up children for parents and adults working with children 16.Set up ways to check how many cases of violence, abuse, neglect or exploitation take place in institutions 17.More money should be spent on CAMHS and services expanded. Services should focus on certain groups including children in the youth justice system 18.Carry out research into why teenagers use drugs and alcohol 19.Improve mental health and counselling services for teenagers 20.Provide clear and correct information about drugs and alcohol to children. Do more to suport children to stop using drugs and alcohol

UN Concluding Observations 2008 most relevant to youth justice planning & policy officers 4 Welsh Government/UK government must 21.Make the age of criminal responsibility higher 22.Find alternatives to locking up children who are in trouble with the law 23.Make sure that children are only locked up as a last resort and for the shortest time possible 24.Make sure children can never be tried in court as an adult, no matter how serious the crime 25.Make sure no child is locked up in prison with adults 26.Make sure all children who are locked up have a legal right to education

Children’s Rights legislation & policy in Wales 2004 Children Act – Welsh Government adopted UNCRC as basis for all policy for children Seven core aims – based on UNCRC National Action Plan – Getting it Right 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 youth justice planning & policy officers 1 Article 3 – best interests of the child Article 12 – right to be heard Article 13 – freedom of expression Article 14 – governments should respect children’s rights to freedom of thought, conscience and religion Article 15 – freedom of association Article 16 – right to privacy Article 17 – access to appropriate information Article 18 – both parents share responsibility for bringing up their children Article 19 – protection from abuse and neglect

Articles most relevant to youth justice planning & policy officers 2 Article 23 – disabled children have the right to special care, education and training to enjoy a full life Article 27 – right to a standard of living adequate for their physical, mental, spiritual, moral and social development Article 31 – right to leisure, play and cultural activities Article 33 – protection from illegal drugs Article 37 – rights/ protection when deprived of liberty Article 40 – administration of youth justice

Think of a child …

Putting learning into practice

Any final questions?