Children’s Rights Cannot be an Afterthought for the PSNI

03 December 2024

A new review of children and young people and policing, published by the NI Policing Board, has highlighted the scale of human rights breaches facing children and young people when in contact with the police.

The report highlights a range of issues of serious concern, repeatedly raised over many years by the Children’s Law Centre, including concerns around uses of force, misuse of police powers, the lack of disaggregated data, issues around arrest and custody arrangements, the practice of strip-searching children, the low age of criminal responsibility and much more.

The report represents the most substantive effort by the NI Policing Board to examine the human rights implications for children of policing practice in Northern Ireland in over a decade.

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre commented on the report saying:

“This report clearly demonstrates that the foot has well and truly come off the pedal in terms of scrutiny of these issues over the last decade. As a result, when the PSNI should have been embedding human rights protections for children and young people in how they operate, they have instead regressed.

“Increased scrutiny over the last number of years, driven by the Children’s Law Centre and others, has highlighted a growing range of concerns, with children’s human rights too often looking like an afterthought, if at all.

“The Children’s Law Centre welcomes this attempt to catalogue the range of children’s rights issues and breaches. That includes efforts to highlight international obligations and best practice, as well as the views of children themselves. However, and worryingly, the range and seriousness of the challenges which exist are too often not reflected in the final recommendations.

“What is absolutely clear is that significant improvements in policing practices are urgently required. This includes getting back to the core of human rights centred policing, a change of attitude from police towards children and young people, and the need for the PSNI and others responsible for policing, to genuinely listen to the views and experiences of children and young people and act on the concerns they raise.”

CLC Welcomes Ministerial Intervention on Respite

23 October 2024

Health Minister Mike Nesbitt MLA announces additional multi-year funding to tackle failures in respite services

The intervention follows a recent Spotlight documentary ‘I Am Not OK’

The Minister met with families from the documentary, the Children’s Law Centre and the National Autistic Society on Tuesday 22nd October to discuss the new measures

The Children’s Law Centre has welcomed a Ministerial intervention seeking to address failures in the provision of respite services for children as a first step. The announcement includes an additional £2m in the current financial year and £13m a year in additional multi-year funding.

A solicitor at the Children’s Law Centre who has represented numerous children in legal challenges to secure respite provision has welcomed the announcement, but highlighted the need to see meaningful improvements for children and their families.

Eamonn McNally, a solicitor at Children’s Law Centre, said: “The systemic failures around respite services have been ongoing for years and have had a devastating impact on disabled children and their families. At the Children’s Law Centre we have seen the impact it is having on our clients first hand. We have seen children taken into residential care, family break down and families placed at risk, all because of a failure to provide for the assessed needs of children.

“I want to pay tribute to the families involved in securing this announcement, as well as the work of the National Autistic Society. Their bravery in telling their story, while also battling the everyday challenges they are dealt with must be recognised.

“We want to welcome this intervention by the Minister as a first step. It is now absolutely critical that the trusts use the additional resources effectively and start to deliver meaningful change for children and families. We need to see an immediate impact on the current pressures, as well as long term stability around services. This will require effective accountability mechanisms to scrutinise implementation by the health trusts and ongoing consultation with families affected, as well as pooling of resources between trusts.

“We look forward to continued work with the Minister, his Department and the health trusts to address the current crisis.”

Blog: Equality in Education

9th September 2024

Member of the NI Youth Assembly, Clodagh McKenna, discusses her recent participation in a CLC co-design workshop and outlines how children’s rights help guarantee equality in education.

Written by Clodagh McKenna

I am a member of the Northern Ireland Youth Assembly and I am passionate about making a positive change in young people’s lives. I felt inspired when the Youth Assembly recently met with young people from Children’s Law Centre, Angel Eyes, VOYPIC and Barnardo’s NI’s Syrian Youth Voices to aid the development of the education and Special Educational Needs sections of REE Rights Responder which offers free online legal advice to children and helps them understand what their rights are.

Children’s educational rights is a topic that is dear to me because I want to ensure that every child has access to a quality education. Unfortunately, education still remains an unattainable right for millions of children around the world. Almost 60 million children of primary education age are not in school. [1]This leads to adults not having the skills necessary to be able to improve both their living conditions of those and of their children, thus leaving the family to fall further into poverty and unable to escape this cycle.

Article 28 of the United Nations Convention in the Rights of the Child (UNCRC)[2] says that “children and young people have the right to education no matter who they are: regardless of race, gender or disability; if they are in detention or if they are a refugee.” Children’s educational rights encompasses the right to access education that is free from discrimination, the right to be able to learn in an inclusive and safe environment and the right to receive a quality education that will help them equip the skills and knowledge that will prepare them for the challenges of the modern world. By being able to guarantee these rights, this can empower children to achieve their full potential, contribute meaningfully and create a difference in society. In time, this could help break the cycle of poverty and inequality.

Department of Education statistics show that in the academic year to June 2023, 96,000 pupils had chronic or severe chronic attendance issues. An additional 100,041 children were in the “at risk” category.[3] The significance of education is a fundamental right that all children should have, as it lays the foundation for a child’s future successes, life and well-being. No child should ever miss out on an education, as it is the right of the child to receive an education. It is crucial to uphold children’s educational rights; ensuring all children regardless of their background, or circumstances that they face, are granted equal opportunities to learn and to grow.

By advocating for children’s educational rights, we can promote inclusive and equitable educational systems. This can develop a brighter future for every child so that all children can receive an education that they deserve.

Find out more about REE Rights Responder at reerights.com

Image of a group of young people standing on the steps of The Great Hall in Stormont's Parliament Buildings.

References:

[1] Max Roser (2021) – “Access to basic education: almost 60 million children of primary school age are not in school” Published online at OurWorldInData.org. Retrieved from: https://ourworldindata.org/children-not-in-school

[2] Convention on the Rights of the Child | OHCHR

[3] Department of Education Circular 2023/11 – Attendance Guidance and Absence Recording by Schools­: https://www.education-ni.gov.uk/publications/attendance-guidance-absence-recording-by-schools-circular-202311

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Blog: Give Us Votes at 16

6th August 2024

In this blog, Eva Bradley, talks about why she is passionate about securing the vote for 16 and 17 year olds and her activism as part of Politics in Action.

Written by Eva Bradley

Article 25 of the International Covenant on Civil and Political rights explains that every citizen shall have the right and opportunity to vote in elections, which shall be by “universal and equal suffrage”. Lowering the voting age to 16 is the next logical step on the journey to making our democratic system more accessible and inclusive.

In the past number of years, many countries, including Austria, Brazil, Scotland and Wales have lowered the voting age to 16. This has sparked debate and conversation all over the UK about lowering the voting age, and about the participation of young people in our democracy.

Image of young person with a megaphone. Pull quote reads: "Having the right to vote will help give young people the democratic voice they deserve" - Eva Bradley

As a 17 year old, I only missed out on being able to vote in this election by about eight months. However, despite not being able to vote, this didn’t stop me, or many other young people, from very closely following the election results.

For years now, I’ve been highly interested in politics and involved in youth activism, and I recently joined the Votes at 16 campaign group. I have always been very passionate about youth participation in democracy and specifically the right to vote at the age of 16. There are so many reasons why, but one of the main ones for me was that at 16 you can work and be taxed. If you are paying into the system, you should always have the right to vote.

Something I often hear from people who are opposed to lowering the voting age is that 16 and 17 year olds are too immature and aren’t educated enough to vote. While it is true that here in Northern Ireland our political education isn’t great, our campaign is also advocating for better political education in our curriculum. Giving our young people the right to vote would be a crucial aspect of political education. They can go from learning about politics at school to actively participating in our electoral democracy. Many young people aged 16 and 17 are already highly politically engaged. A lot are very political without even realising it!

Lowering the voting age to 16 has so many benefits. There has been evidence from Scotland, where the voting age was lowered to 16 in 2013, that 16 and 17 year olds there who started voting at this young age were likely to continue voting throughout their life. Many experts believe this makes a great case for lowering the voting age to 16 everywhere.

Image of a poster at a protest. The poster has a drawing of earth, with the text 'system change, not climate change'. Pull quote reads: "Being able to vote from age 16 would ensure that politicians take us young people seriously in the matters that affect us, giving  us a say on issues that will impact our present and future."

In 2014, 75% of 16 and 17 year olds voted in the independence referendum in Scotland, and 95% of them said they’d vote again.

Article 12 of the UN Convention on the Rights of the Child recognises a young person’s right to express their views freely “in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child”. Being able to vote from age 16 would ensure that politicians take us young people seriously in the matters that affect us, giving  us a say on issues that will impact our present and future – particularly when it comes to the climate crisis. As young people, we will have to live with the consequences if we don’t take action now.

Having the right to vote will help give young people the democratic voice they deserve. In election campaigning, many parties, including Labour, now the biggest in Parliament, had a commitment to lowering the voting age in their manifestos. I sincerely hope that we see some action on this soon.

You can read more about the Politics in Action Votes at 16 campaign, and sign the petition, at https://www.politicsinaction.org/campaigns/votes-at-16

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CLC Secures New Funding to Empower Children and Young People

19 July 2024

The Children’s Law Centre has been awarded a grant of almost £500,000 over the next three years from The National Lottery’s Community Fund. The grant will support a new project called Rights Here, Right Now – Empowering Young People to Know Their Rights.

The funding will enable CLC to continue its direct work with children and young people on rights and capacity building as well as providing advice, support and advocacy to children and young people who cannot access services.

The new Rights Here, Right Now project builds on the work CLC completed with young people in the preparation and completion of the reports submitted to the United Nations Committee on the Rights of the Child (The CRC) in 2022, as part of the UK examination process.

Reflecting on the Concluding Observations published by The CRC last year the project will empower children and young people to know and understand their rights and give them a voice when dealing with duty holders. It will also enable CLC to raise awareness of children’s rights, engage with more children and young people and develop Youth@CLC as peer educators.

Trevor Wright, Head of Operations at the Children’s Law Centre said: “This is exciting news for CLC and it will directly support and empower children and young people. Over the past decade, we have seen a serious regression in rights protections for children and young people.

“Much of CLC’s advice work supports children and young people who are experiencing barriers accessing services in health and education – this is due to a combination of factors, not least the current funding crisis. This is reflected in a 29% increase in calls to our freephone advice line in the last year.

“Through our research completed prior to submitting this application, children and young people told us that they don’t know enough about their rights. In a survey of over 1,000 children and young people conducted by Youth@CLC in 2022, just over half of respondents said they had heard of children’s rights and knew what they meant. This is despite the UK committing to an international obligation to promote children’s rights among young people.

“We are particularly excited that our Rights Here, Right Now project will help us engage with a wider range of children and young people and empower them by knowing more about their rights.

“Only by knowing their rights can young people fully access those rights, challenge decisions that impact on their lives and reach their full potential.

“We would like to thank The National Lottery for supporting children and young people in this way.”

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