2. Session 1: Overview of Child Rights in Development Cooperation

3. Session map Regional priorities Key facts
Definitions, international legal framework
General Measures of Implementation
Translating international commitments into practice
Child-rights based Country Context Analysis
Facilitation note: If you have invited speakers to discuss regional priorities, this discussion should take place at this point in the session.

4. What is meant by child rights?
Child rights refers to:
A set of legally binding norms and standards for the care and protection of children – that apply to all children at all times in all situations
Key treaties:
CRC
CEDAW
CRPD
African Charter on Human and Peoples’ Rights
African Charter on the Rights and Welfare of the Child
The common understanding among countries is that all children everywhere have the right to survive and develop, to be protected from violence, abuse and exploitation, to have their views respected and to have actions concerning them be taken in their best interests.
These universal rights are codified in a number of legally binding treaties and international standards:
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which is particularly pertinent to the rights of girls
Convention on the Rights of Persons with Disabilities (CRPD), which the European Union ratified in 2010

5. Definition of a ‘Child’
According to the CRC:
Children are defined in the CRC as all those below the age of 18 years.
Childhood
Is recognized in the Universal Declaration of Human Rights as a period “entitled to special care and assistance.”
Children are defined in the CRC as all those below the age of 18 years.
“… unless, under the law applicable to the child, majority is attained earlier” (article1).
Childhood refers to much more than just the space between birth and adulthood. It is recognized in the Universal Declaration of Human Rights (1948) as a period “entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection” (Article 25). Childhood is the time for children to be in school and at play and to grow strong and confident with the love and encouragement of their family and an extended community of caring adults. It is a precious time in which children should live free from fear and protected from violence, abuse and exploitation.

6. CRC four guiding principles
Non-discrimination
Best interests of the child
Life, survival, and development
Participation
Non-discrimination: Article 2 affirms that States parties “shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion political or other opinion, national, ethnic or social origin, property, disability, birth or other status.”
Best interests of the child: Article 3 states, “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
Life, survival, and development: Article 6 states that “every child has the inherent right to life” and the States parties “shall ensure to the maximum extent possible the survival and development of the child.”
Participation: Rather than being affirmed by a specific article of the Convention, children’s right to have their views heard and respected in matters concerning them according to their age and maturity is guaranteed by a wide range of provisions.

7. Rights under the CRC Survival and development rights Protection rights
Rights to the resources, skills and contributions necessary for survival and full development
Protection rights
Protection from all forms of child abuse, neglect, exploitation and violence
Participation rights
Entitled to express their opinions and to have a say in all matters that affect them
Survival and development rights
These are rights to the resources, skills and contributions necessary for the survival and full development of the child. They include rights to adequate food, shelter, clean water, formal education, primary health care, leisure and recreation, cultural activities and information about their rights. States obligations are not only to put the necessary guarantees into place to realize these rights but also to ensure universal access to them by all children. Specific articles address the needs of child refugees, children with disabilities and children of minority or indigenous groups.
Protection rights
These rights include protection from all forms of child abuse, neglect, exploitation and violence, including the right to special protection in times of war and protection from abuse in the criminal justice system.
Participation rights
Children are entitled to express their opinions and to have a say in matters affecting their social, economic, religious, cultural and political life. Participation rights include the right to be heard, the right to information and freedom of association. Engaging these rights as they mature helps children bring about the realization of all their rights and prepares them for an active role in society.

8. African Charter on the Rights and Welfare of the Child
Specific provisions of the Charter relative to the CRC
Emerging priorities based on review of country reports and consultations on the African Common Position on Post-2015
Opportunities for international cooperation in Africa
 The Charter maintains the four foundational principles
1. Addresses Children living under apartheid, harmful practices against the girls child, (FGM) internal conflicts and displacement, rights of children of imprisoned mothers, poor and unsanitary living conditions, the African conception of communities’ responsibilities and duties, weak enforcement and monitoring mechanism, role of the family in adoption an foster and the duties and responsibilities of the child toward the family and community
2. Emerging priorities –
3. Opportunities for international cooperation – adaptation of these tools for development cooperation in Africa ; inclusion of child rights in the continent-wide programme on human rights and governance.

9. Why take a CR approach? It is an Obligation It is an Opportunity
Legal and political moral/ethical obligation by national governments
Obligation of international cooperation actors as well (EU commitments, UNICEF mandate, etc)
It is an Opportunity
Necessary for the achievement of development outcomes
Investing in children is both an obligation and an opportunity.
It is an obligation because poverty, undernutrition, poor health and other deprivations undermine children’s abilities to develop to their full potential.
It is an opportunity because the gains achieved – through better nutrition primary health care, education and protection for children – are likely to be far greater and longer lasting than those in almost any other area of development.
Note: This is a critical point for attainment of learning objectives for this session

10. Measures of implementation
Translating the CRC commitments into practice
Legislation must be compatible with the CRC
Develop process of assessing impact of laws/policies
Developing a national strategy for children
Ensuring adequate resources allocations
Permanent mechanisms in gov’t for M&E
Training, education & capacity building
Cooperation/coordination with civil society
Appropriate indicators and sufficient data collection
Statutory independent children’s rights institutions
After presenting the information on this slide regarding measures of implementation (described below), pause the presentation for facilitation of a 10-minute large-group discussion or to perform an optional formative assessment exercise. Gauge learner comprehension of the stimulus content presented so far on the definition of child rights.
A set of legally binding norms and standards for the care and protection of children
Key treaties (CRC, CEDAW, CPRD)
Definition of the child
Key categories of rights under the CRC
Why the measures of implementation are important as a basis for programming
What are the measures of implementation?
Ensuring that legislation is fully compatible with the Convention, removing reservations and ratifying the CRC’s Optional Protocols and other human rights instruments for children (including regional instruments)
 Ensuring that there is a systematic process of assessing new laws, policies or programmes for their impact on children’s rights (Child Impact Assessments)
 Developing a detailed, comprehensive national strategy or agenda for children, based on the CRC, and taking into account policies of decentralization, federation and privatization
Ensuring adequate resource allocation and making children ‘visible’ in budgets
 Developing permanent mechanisms in government to ensure the effective co-ordination, monitoring and evaluation of implementation
 Develop training, education and capacity building for all those involved in the implementation process
 Promoting co-operation and co-ordination with civil society – with professional associations, non-governmental organizations, children and so on
 Ensuring the development of appropriate indicators and sufficient data collection on the state of children
Creating statutory independent children’s rights institutions/ ombudsmen offices
Why are they important as a basis for programming?
Under article 4, all signatory States of the CRC – which include all 27 EU member States – are obliged to work toward the fulfilment of children’s rights in their own countries and through international cooperation, as well as to assist other States Parties in addressing the factors that impede progress
Provide a roadmap for concrete action to pursue
Are the basis for tools presented in this toolkit

11. Questions & comments

12. CR-based Country Context Analysis
An essential first step to integrating child rights commitments into development cooperation
Accurately identify trends, patterns, incidence and causes of key deprivations
Identify and analyse barriers and bottlenecks
Ensure that the most marginalized and excluded populations are prioritized
Analyse whether evidence-based interventions and services are prioritized in national policies, laws, strategies, plans and budgets
The CR-based CCA is a critical element in this workshop.
Stress that knowing the current status of children’s and women’s rights in a country and the causes of shortfalls and inequities is essential to ensuring programme priorities and investment choices are based on evidence and shape national development strategies in ways that accelerate the achievement of child-related goals.
Stress that this is meant to enhance, not replace, current analysis processes and that some aspects of this may be outsourced.
The objectives of a child rights country context analysis are:
To accurately identify trends, patterns, incidence and causes of key deprivations (e.g., child mortality, stunting, low levels of birth registration, low school enrolment and achievement or violence against children), disaggregated by relevant segments of the population.
To identify and analyse barriers and bottlenecks that prevent disadvantaged children and families benefiting from interventions and services, including the social, political and economic conditions that result in shortfalls in the creation of an enabling environment for the realization of children’s rights.
To analyse whether evidence-based interventions and services needed to address deprivations are prioritized in national policies, laws, strategies, plans and budgets. This would include an analysis of the extent to which there is an enabling environment for the realization of the rights of all children, including the promotion of positive social norms and behaviours, organization of services and institutional capacities at national, sub-national and community levels.

13. Use of Analysis For policy dialogue During project identification
Basis for dialogue with partner governments
During project identification
Are child rights objectives articulated?
Do activities contribute to/challenge existing inequalities?
Are there child rights issues not addressed?
During identification & formulation phases
Identify entry points for actions needed to meet child rights objectives
During monitoring & evaluation:
Ensure a child rights-sensitive M&E system is in place
Establish indicators to measure achievement of objectives
Country context analysis also will have a reciprocal relationship with the EU Human Rights Country Strategies. The country analysis can inform the country strategies while the strategies themselves will be integrated into the programming and implementation of all assistance to countries. Child rights issues should permeate the agreed list of ‘minimum items’ that EU Member States and institutions raise with their relevant counterparts “in third countries during meetings and visits, including at the highest political level and during summits.”
This analysis is used throughout the cycle:
As the basis for dialogue with partner governments, the development of country strategy papers, mid-year review of these plans, etc.
During project identification to reveal whether child rights objectives are articulated in the initial idea, whether the planned activity will contribute to or challenge existing inequalities and whether there are any child rights issues that have not been addressed.
During identification and formulation phases to contribute to the identification of entry points for actions that will be needed in order to meet child rights objectives.
During monitoring and evaluation: A child rights-sensitive monitoring and evaluation system should also be in place from the design phase onwards, including the establishment of indicators to measure the extent to which objectives are met and changes in child rights achieved.

14. Steps in undertaking CR-based Country Context Analysis
Review critical resources
CRC Committee’s concluding observations
UNICEF situation analysis
Reports & analyses from child rights organizations such as Save the Children
Other sources of data
Assess whether additional data is needed
Identify data gaps
Direct participants to Tool 1.1 for information about how to undertake the steps in the country context analysis.
Direct participants to Tool 1.2 for key sources of global child-focused indicators
To be most effective, the analysis needs to be up-to-date and is ideally conducted once in every programming/ funding/ national planning cycle.
Step 1: Review critical resources
Country analysis, including the drafting of human rights country strategies papers, must be founded on solid evidence drawn from a range of sources. A comprehensive country analysis should address many of the indicators in Tool 1.2 but also reflect the analytical work of UNICEF and others who routinely undertake child rights-based situation analyses in the countries where they work.
The CRC Committee’s concluding observations and UNICEF situation analysis for each country can generally provide a set of priority issues for discussion and action, as well as related technical guidance.
Child rights analyses are also contained in State Party reports to the CRC or other relevant international or regional human rights bodies such as the Committee on the Elimination of Discrimination against Women or the African Committee of Experts on the Rights and Welfare of the Child.
Child rights organizations – such as Save the Children, for example – also conduct a child rights situational analysis, which can be a source of additional data.
Most sources of existing data are not adequately analysed to draw out disparities or patterns of exclusion or disadvantage and often fail to capture the situation of the most excluded and marginalized groups, such as children with disabilities. Country analysis needs to make full use of data disaggregated across a wide range of inequalities (such as gender, minority or disability status, race, age and religious and socio-economic background) to identify who is left behind, to inform policy decisions and to guide investments in service to reach the most marginalized and excluded.

15. Steps in undertaking CR-based Country Context Analysis
Step 2: Analyse patterns of social exclusion and identify underlying factors
Causality analysis
Role-pattern analysis
Capacity-gap analysis
Analysis of the enabling environment
Participants will be asked to perform an exercise based on these analyses during the small group activity. The following slides step through the types of analyses
Step 2: Analyse patterns of social exclusion and identify underlying factors
This analysis helps to highlight the drivers for development and identify priorities, gaps and opportunities for both removing obstacles to equitable access to quality services and strengthening the relevant policy frameworks in key sectors. This means analysing not only the immediate deprivations that children face but also the social, political and institutional factors that make up the enabling environment for realizing their rights.

16. CR-based Country Context Analysis 1. Causality analysis: Asking “Why?”
Development challenge/Rights not fulfilled
Basic /structural causes
“Society, Policies, Resources”
Underlying causes
“Services, Access, Practices”
Immediate causes
“Status, and direct influences”
This guides the participants in identifying the general levels of causal analysis: immediate, underlying, and root causes. Immediate causes refer to the status and direct influences For example, poor school enrolment rates for girls may be caused by school fees, distance to school, domestic chores, early marriage, etc.).
Underlying causes refer to services, access, practices, e.g. education policies favor the better off, discriminatory attitudes towards girls and the poor, little attention to child stimulation in early years, education not seen as valuable.
Root causes may include gender values, ethnically based discrimination, poor organization of the civil service, inadequate budget allocations, etc.

17. CR-based Country Context Analysis Causality Analysis: The Problem Tree
Manifestation of problem
Immediate
Underlying
Root
Effects
The problem tree is a tool for consensus building and participation. It allows discussion with rights-holders and duty bearers on the main development challenges and root causes
As a general rule:
Immediate causes determine the current status of the problem.
Underlying causes are often the consequence of policies, laws and availability of resources. They may reveal related complex issues and require interventions that take significant time in obtaining results (at least 5 years).
Root/structural causes reveal conditions that require long-term interventions in order to change societal attitudes and behavior at different levels, including those at the family, community and higher decision-making level.
Key Question in the Causality Analysis: Why?
Once identified the development challenge, the key question in the causality analysis is why it is happening to a particular sector of the population? For example, why are the girls in rural areas being denied their right to education?
Added value of HRBA in Causal analysis:
It is important to consider the country context and have in-depth knowledge of its norms, institutions, legal frameworks and enabling environment.
Human rights standards reinforce situation analysis at three levels:
- being a reference for identifying development challenges and gaps between international obligations and the real practice.
- The standards attributes are a roadmap for the analysis of immediate, underlying and root causes of a development challenge
- Defines the actual entitlements and claims of rights holders and the extent of the duty-bearers’ obligations.
Applying Human Rights Principles in the Causality Analysis The use of the principles is an effective way to structure the analysis and articulate the causes.
Analytical process: Ensure the participation of national stakeholders including the most marginalized and excluded. Provide stakeholders with the necessary information on the CCA process and content of the exercise including information from international human rights mechanisms so that they can take informed decisions. If needed, strengthen some capacities to motivate meaningful participation including possible incentives to those without resources to participate. Seek the consensus of all stakeholders in the development challenges and root causes being identified. Share with all stakeholders the findings of the analysis.
Causes

18. HIV/AIDS infection rates
Causality Analysis: Identifying Core Problems
Problem 1: increasing
HIV/AIDS infection rates
Problem 2:
Girls’ Education
→ Immediate Causes
→ Underlying Causes
→ Root Causes
Core Problem Area:
Gender Discrimination
This slide shows that commonalities among underlying and root causes represent core problems. In this example, a causal analysis of HIV/AIDS suggests that gender discrimination is a fundamental issue. An analysis of girl’s not attending school also finds gender discrimination as an issue. This suggests to the UNCT that gender discrimination is an issue affecting the realization of several MDGs and the associated rights.
Gender discrimination affects the realization of multiple MDGs and their associated rights

19. Causality Analysis: Case example Filipino migrant workers
Facts of the case
As you review the facts of the case, consider the full range of issues described
In groups, discuss:
How would you define the key problem in this case from a child-rights standpoint?
Instructions: Present the basic facts of the case background (either read it aloud or present a summary of facts) and step through the analysis with participants, modeling how to perform the analysis in anticipation of the exercise. Focus on:
How to construct the problem statement
How to analyze levels of causality

20. Manifestation of problem
Group activity – Part I
Review the background scenario with your group
Define the problem statement for your case based on your scenario
Using the cards on your table note down:
One immediate cause
One underlying cause
One root cause
Manifestation of problem
Immediate
Underlying
Root
Instructions: Prepare the group for the exercise for this session:
Break participants into groups
Hand out one background scenario to each group
Ask each group to discuss the scenario and determine the problem statement they will address during analysis
As buzz groups discuss the problem statement, facilitate to ensure they select the appropriate problem statement

21. Causality Analysis: Case example Filipino migrant workers
 Problem Statement
Negative impact of economic migration on adolescent well-being in the Philippines.
Immediate Causes
Long-term separation from primary care-giver (mother)
Lack of consistent health care and attention
Lack of trusted parental guidance
Social stigmatization
Underlying Causes
Employment opportunities
Feminization of migration (traditionally women’s jobs – nursing, domestic workers, food and hospitality work)
Household income needs beyond immediate family
Lack of compensatory support from family and community
Lack of special needs programmes in schools
Financial crisis (lower remittances)
Root/structural Causes
Reliance on remittances to support GNI
Economic growth strategies based on export of skilled and semi-skilled labour
Population dynamics – large population of young people seeking high-quality and high-wage employment
Social status of women and women’s labour (exportable)
Instructions: Present the basic facts of the case background and step through the analysis with participants, modeling how to perform the analysis in anticipation of the exercise. Focus on:
How to construct the problem statement
How to analyze levels of causality

22. CR-based Country Context Analysis Capacity/Gap & Role-Pattern
Capacity-gap analysis
Examines the capacity of key individuals and institutions responsible for respecting, protecting and fulfilling the rights of children.
Role-pattern analysis
Delves into the roles and relationships between duty- bearers and rights holders in relation to specific rights.

23. Capacity/Gap & Role-Pattern Analysis Example: Filipino migrant workers
Level/type of duty
Role-pattern analysis
Capacity and gap analysis
As defined in relation to the issue at hand and local situation
Who is supposed to do what to help solve the problem?
Motivation
Does the duty-bearer accept the responsibility? If not, why?
Authority
Does the duty-bearer have the authority to carry out the role? If not, who does?
Resources
Does the duty-bearer have knowledge, skills and organizational, human, financial and materials resources? If not, what is missing?
Knowledge and skills
Organizational and human resources
Financial Resources
Immediate care giver
Provide psychosocial support to children left behind;
Advocate for their interests with school authorities
No because they may not realize the extent of the suffering of the children
Yes the immediate family is expected to provide all forms of care for the children including psychosocial care
No. Many OFW families do not know how to address children’s feelings of isolation and discrimination No
No. Many families of OFW are substantially dependent on remittances. That said, the social and emotional well-being of children and adolescents left behind may not require substantial financial resources.
Instructions: Quickly step through the basic structure of the exercise using this example

24. CR-based Country Context Analysis 4. Enabling Environment Analysis
Examines broader policy, legal, administrative and budgetary issues and social norms that influence the realization of the human rights of children and women and the reduction of inequalities.

25. CR-based Country Context Analysis Example: Enabling environment analysis
Guide for analysis of enabling environment
Social norms analysis
A social norm is a rule or behaviour that members of a community follow because there are positive social rewards or negative sanctions attached to it.
Lack of jobs for women at home as a viable economic alternative to migration/ foreign unemployment.
Women’s labour viewed as exportable.
Severe gender based occupational segregation.
Policy-gap analysis
Examines the principles and long-term goals that form the basis for making rules and guidelines, giving overall direction to planning and development.
No systematic data collection on children left behind.
Legislative analysis
Should examine and highlight the degree to which the national legislative framework is compatible with the provisions of the CRC, CEDAW and the CRPD. 
While export of workers is a policy for the Philippines, there are not sufficient policies to support children left behind and low knowledge of the existing measures in place for support.
Instructions: Quickly step through the basic structure of the exercise using this example

26. Group Activity
Instructions: Prepare the group for the exercise for this session:
• Hand out the blank analysis forms to each group and ask them to complete the analysis during
small group work
• Ask them to be prepared to present their findings to the plenary session

27. Group activity – Part II
Review the background scenario with your group
Using the blank forms, work through the different levels of analysis with your group:
Causal analysis, using the problem statement developed during buzz groups
Role-pattern and Capacity-gap analysis
Enabling environment analysis
Instructions: Prepare the group for the exercise for this session:
• Hand out the blank analysis forms to each group and ask them to complete the analysis during
small group work
• Ask them to be prepared to present their findings to the plenary session

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