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 police 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)
Body of Rights
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 WAG) –NGO report –Young peoples report –Children’s Commisioners’ report (4 nations) Concluding observations WAG 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 police officers 1 WAG/UK government must 1.Provide training on the UNCRC for all adults working with children, including the police 2.Do everything it can to make sure that the best interests of the child are part of every law or policy that affects children, including in criminal justice and immigration 3.Promote the principle of respect for the child’s views in the courts and in any other proceedings affecting the child 4.Think again about the use of ASBOs as they may go against the rights of children to move around freely and to gather together 5.Think again about the use of the mosquito device and other measures as they may go against the rights of children to move around freely and to gather together
UN Concluding Observations 2008 most relevant to police officers 2 WAG/UK government must 6.Make sure that children are protected in law and in practice against unlawful or unnecessary interference with their right to privacy 7.Carry out research into why teenagers use drugs and alcohol so that programmes can be developed to reduce the level of drug and alcohol use 8.Make the age of criminal responsibility higher 9.Find alternatives to locking up children who are in trouble with the law 10.Make sure that children are only locked up as a last resort and for the shortest possible time
Children’s Rights legislation & policy in Wales 2004 Children Act – WAG 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 police officers Article 12 – right to be heard Article 15 – right to meet with other children and young people Article 16 – right to privacy Article 22 – refugee children have the same rights as children born in Wales Article 31 – right to play Article 37 – if young people break the law, they should not be treated cruelly Article 40 – if accused of breaking the law, young people should receive legal help
Think of a child …
Putting learning into practice
Any final questions?