Transcript Document

Brief Introduction to the
United Nations Convention
on the Rights of the Child (UNCRC)
Children, Young People and Families Division
Welsh Assembly Government
www.cymru.gov.uk
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.
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• 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.
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• 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
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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
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Rights Holders and Duty Bearers
Duty Bearer
Fulfils
responsibility
towards
Claims
rights
from
Rights Holder
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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.
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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
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• 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
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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
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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
How Rights Can Stimulate Change
Improved
3
Knowledge and
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Wellbeing
1
Understanding of
Rights
Increased Exercise of
2
and Access to Rights
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Proposed Rights of Children
and Young Person’s (Wales) Measure
What does the Measure Contain?
In Summary
1. A Duty placed on Welsh Ministers to
Have Due Regard to the UNCRC Section 1
2. The Children’s Scheme – Section 2
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3. Preparing the Scheme and Reporting on it
- Sections 3 and 4
4. Duty to Promote Knowledge of the UNCRC - Section 5
5. A Power to Amend Current Legislation and bring it into line with the
UNCRC – Section 6
6. Applying to Young People (aged 18-24) – Section 7
7. The UNCRC – Section 8 and the Schedule
Key Dates to Remember
May 2011
Measure becomes law and all duties take effect
with exception of the Section 1 Due Regard duty
31st March 2012
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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