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Children's Rights

Journalist briefing, July 2007

Background

Moves to promote children's rights as distinct from those of adults began in the early twentieth century. The 1923 Declaration of the Rights of the Child was replaced with a more extensive UN Convention on the Rights of the Child in 1989. The UK ratified the Convention on the Rights of the Child on 16 December 1991.

The UN Convention on the Rights of the Child (CRC)

The CRC is an international convention setting out the economic, social, cultural, civil and political rights of children. The Convention states that every child has basic rights, without exception or discrimination. The main elements are:

  • General principles, including the right to life, survival and development, respect for the views of children and to give consideration to a child's best interests in all matters affecting them.
  • Civil rights and freedoms, including the right to a name and nationality, freedom of expression, thought and association, access to information and the right not to be subjected to torture.
  • Family environment and alternative care, including the right to live with and have contact with both parents, to be reunited with parents if separated from them and to the provision of appropriate alternative care where necessary.
  • Basic heath and welfare, including the rights of disabled children, the right to health and health care, social security, child care services and an adequate standard of living.
  • Education, leisure and cultural activities, including the right to education and the rights to play, leisure and participation in cultural life and the arts.

Children and young people cannot bring a case to court if they believe that one or more of their Convention rights are being infringed. The CRC, can, however, be cited in civil and criminal proceedings. It can also be cited in administrative proceedings such as mental health tribunals, school exclusion panels or looked-after children's reviews.
The UK must report back to the Committee on the Rights of the Child its progress towards respecting children's rights. The next submission will be 2007 which will build on the UN criticism of the 2002 report including:

  • Regrets that the UK has taken no significant step towards prohibiting all corporate punishment of children in the family.
  • The prevalence of violence and neglect towards children in the home.
  • Concern at the high rate of teenage pregnancy.

UK legislation

The Children Act 2004 is the only domestic statute where the CRC is mentioned. The Act aims to reform the framework of services that support children, young people and their families. 

Children's Commissioners

The NSPCC campaigned over a number of years for Children's Commissioners across the UK to act as powerful, independent watchdogs and champions, ensuring children are protected from harm and defending their rights and interests.

The Children's Commissioners for Wales, Scotland and Northern Ireland are each required by law to promote and protect the rights of children and young people. In England, the Commissioner must only "have regard to" the UN Convention of the Rights of the Child and his or her general function will be limited to "promoting awareness of the views and interests of children" rather than promoting or safeguarding their rights. 

What is the NSPCC calling for?

  • The NSPCC wants to see the UNCRC incorporated into domestic law. This would mean when children are affected by a law their needs as a child are considered with rights and responsibilities appropriate to their age and development. 
  • The NSPCC wants children to have the same legal protection from assault as adults. The UN Committee on the CRC has called on the UK to take such action. More information can be found here.
  • The NSPCC believes the remit and responsibilities for the Children's Commissioner for England should be more closely tied to the UNCRC and would like to see a Commissioner fully independent of Government, with a clear rights framework, strong investigatory powers, and the power to bring or intervene in legal proceedings on behalf of a child.

Relevant services operated by the NSPCC

Children's Rights and Advocacy Projects:
The NSPCC Children's Rights and Advocacy Projects give independent advice, information and support to young people who are receiving services from their local authority, are looked after or have been looked after by their local authorities or have disabilities. These services speak up for young people and help them to speak for themselves.

Lobbying and Campaigning:
The NSPCC lobbies key decision makers such as Government Ministers, MPs and Assembly members to ensure they put in place policies that are best for protecting children and promoting their rights and welfare.

Useful links

Welsh commissioner http://www.childcom.org.uk/
Northern Ireland commissioner http://www.niccy.org/
Scotland commissioner http://www.sccyp.org.uk
England commissioner https://www.childrenscommissioner.org/
children's rights alliance for England http://www.crae.org.uk 
http://www.direct.gov.uk
http://www.unicef.org.uk/tz/rights/index.asp
http://www.childrenslegalcentre.com/