Transcript Slide 1

An introduction to
children’s rights
Group activity
agenda
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What are human rights?
Why children’s rights?
The UNCRC
Children’s rights in Wales
Children’s rights for Youth Offending Teams/
Services
• Reflection and evaluation
Core Principles of Human Rights
• Universal
• Inalienable
• Indivisible
• Accountable
FREDA principles
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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
Government
Has 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
Teachers
Have an obligation to teach well, to encourage
parents, to support all children
Parents
Should support their children’s learning
Children and Should respect other children in order to support
young people 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 yot workers 1
WAG/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 yot workers 2
WAG/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 yot workers 3
WAG/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 yot workers 4
WAG/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 – WAG adopted UNCRC as basis for all policy for
children
• Seven core aims – based on UNCRC
• National Action Plan – Getting it Right 2009 - 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 yot workers 1
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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 yot workers 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?