Righting wrongs

taking action to implement the UN Convention on the Rights of the Child

Bill Badham

The National Youth Agency

billb@nya.org.uk

The Convention on the Rights of the Child

Most important document for anyone under 18 across the world

unless you are from Somalia or the USA

specifically for those under 18

continuing relevance for young people aged 18-25

UK Government agreed to fully implement it in December 1991

international legal obligation of Government to comply

scrutiny ever 5 years

A framework for all working with children and young people

Take it or leave it?

The Committee’s Concluding Observations

Unwanted interference?

Unwarranted criticism?

Just well meaning advice?

We know better

International legal obligation of Government to comply

2007 Government report

January: non-government organisations submit reports

www.getreadyforgeneva.org.uk: children and young people present their case

direct evidence to the Committee in Geneva

2008: Government delegation gives evidence

Government in the dock: children and young people present their case, 18 May 2002

I am what I am

Stolen childhood

Include us: we are citizens too

I’m a person not a problem

Just because I’m little…     

The Concluding Observations, 4 October 2002

Good news for children and young people

More inclusive government

The Human Rights Act 1998

Independent Commissioners; …. unless you live in England

Some action on poverty

Bad news - action needed on:

Discrimination

Violence

Poverty and health

Education

Asylum seekers

Young offenders

What did the Committee miss? specific recommendation for young disabled people

very young children: the environment and play

transport

rural young people

lowering the voting age

inequality of education and training for young people

The Concluding Observations:implications for the Government

General measures Convention as law in UK courts, especially Article 12

Better planning and monitoring

Independent human rights body

Knowledge of the Convention and professional training about it

tackle discrimination in attitude and service provision for

disabled young people

travellers and Irish children and young people

gay, lesbian and transsexual young people

Violence and abuseChildren and young people should be protected from violence, abuse and neglect. Article 19

Ban violence against children and young people

Promote the respect, human dignity and physical integrity of children and young people

Tackle the sexual exploitation of young people

Stop their criminalisation when involved in prostitution

Use the full resources necessary

Tackle youth homelessness

Ensure adequate benefits and allowances for 16-18 year olds

Equal access to health services

Tackle rate of teenage pregnancies, mental health problems and suicide

Ensure effective support for gay and transsexual young people

Repeal Section 28 of the Local Government Act 1986

Poverty and HealthChildren and young people have a right to a standard of living that is good enough to meet their physical and mental needs. The Government should help families who cannot afford to provide this. Article 27

Article 12 as law

reduce exclusions

young prisoners access

EducationChildren and young people have a right to an education. Discipline in schools should respect their human dignity. Article 28

Best interests of the child and young people

Stop the detention of unaccompanied minors

Access to basic services

Stop the dispersal of 18 year olds

Avoid using temporary accommodation for young asylum seekers

Young asylum seekers

Children and young people who come into a country as refugees should have the same rights as those born in that country. Article 22

Overhaul juvenile justice in line with the Convention

Considerably raise the age of criminal responsibility

Stop trying children in courts as if they were adults

Stop putting them in adult prisons

Only use prison as a last resort and for the shortest possible time

Ensure young prisoners’ rights to health, education and protection

Ensure independent advocacy and an effective complaints process

Young people in trouble with the law

Children and young people who break the law should not be treated cruelly, not be in prison with adults and should be able to keep in contact with their families. They should receive legal help. Prison sentences should only be used for the most serious offences and be as short as possible. Articles 37 & 40

Face the facts: poverty

The impact on health, education, life opportunities, training, jobs

the 4th richest country in the world

32% of our children and young people live in poverty

minority ethnic families worse affected

bigger impact on families with disabled children and young people

100,000 young people homeless

70% of young people leaving care with no GCSEs

Asylum seekers on 24% benefits than other poor families

Face the facts: prisons

The UK locks up more young people than any country in Europe

black young people are 6 times more likely to be locked up than white young people

11 young people killed themselves in the last 5 years

conditions

“unacceptable in a civilised society”

“institutionalised child abuse”

Chief Inspector of Prisons

The Concluding Observations:implications for us

urge Government to fulfil its legal obligations

monitor our own practice and policies

frame policy and campaigning in line with the recommendations

form a specific action plan with young people and implement it

scrutinise Government consultations, laws and policies

inform children and young people of their rights under the Convention

embed training in the Convention and Concluding Observations

What are the implications for us of adopting the UN Convention on the Rights of the Child?

•Lack of equal protection under the law from assault

•Denial of full provisions and protections of the Children Act 1989 for asylum seeking children and young people

•Misuse of custody and maltreatment of young offenders

•Child poverty

•Rising health inequalities

•Poor attainment of children and young people in care

•Lack of knowledge among children and young people of their rights