Righting wrongs taking action to implement the UN Convention on the Rights of the Child Bill Badham The National Youth Agency

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 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  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 abuse Children 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 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 Health Children 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 Education Children 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 4 th 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