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Children’s Law Centre Annual Lecture Underscores Importance of ECHR in Protecting Children’s Rights

6 May 2025
Sam Nelson
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Categories: News

06 May 2025

The Children’s Law Centre (CLC) Annual Lecture 2025 was held in the Old Bar Library at the Royal Courts of Justice in Belfast, with the keynote address being delivered by former President and Judge of the European Court of Human Rights (ECtHR), Síofra O’Leary. The lecture explored the role of the European Convention on Human Rights (ECHR) in protecting the rights and voices of children.

Watch the Lecture

In her address, titled Children’s Voices and the Law: Reflections on the Role and Contribution of the ECHR, Judge O’Leary outlined how Strasbourg case law has evolved to better reflect the needs, rights and participation of children, despite the Convention’s original adult-focused framing.

Drawing on landmark judgments, Judge O’Leary examined key issues such as surrogacy, childcare and adoption, domestic violence, legal representation, and more recent climate change cases. She emphasised that children must be treated as rights holders, not bystanders, and underscored the responsibility of states to ensure child-friendly justice systems.

Judge O’Leary also reflected on the continued important role of the ECHR, particularly in the context of peace and prosperity, as well as the positive role of the UK judiciary in developing convention rights and continuing domestic case law relating to the Human Rights Act 1998.

Download the Lecture Notes

Speaking after the event, Children’s Law Centre Director Paddy Kelly said: “Twenty five years on from the Human Rights Act coming into force it is important to not only reflect on how much has changed and how children’s rights are better protected in law, policy and practice and the important role the European Court of Human Rights has played in securing those rights. But also, to reflect on what remains outstanding and how, in challenging times, we can best secure what has been achieved and ensure the onward progress of protecting the rights of our most vulnerable citizens.

“It was a privilege to have Judge O’Leary outline so eloquently the continued important role that the Convention and the European Court of Human Rights plays in protecting the rights of children and young people.”

Children’s Law Centre Calls for Urgent Amendments to the Justice Bill

27 March 2025
Sam Nelson
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Categories: News

27 March 2025

The Children’s Law Centre (CLC) has presented evidence to the Northern Ireland Assembly Committee for Justice, calling for critical amendments to the Justice Bill to ensure that children’s rights are fully protected within the justice system.

Watch CLC Present to the Committee

In a written submission, CLC called for two key amendments to implement long overdue children’s rights safeguards. The submission then looks at clause by clause detail on part 2 of the Bill, relating to bail, remand and custody arrangements for children.

Read the Written Submission

Key Amendments Urged by CLC

CLC’s evidence highlights two priority areas requiring amendments:

  1. Raising the Age of Criminal Responsibility – Northern Ireland’s current age of criminal responsibility remains one of the lowest in the world at just 10 years old. CLC strongly advocates for this to be raised to 16, aligning with international human rights standards and ensuring a child centred approach to justice.
  2. Ending the Legal Defence of ‘Reasonable Punishment’ – The Bill presents an opportunity to remove the outdated defence of ‘reasonable punishment’ in respect of common assault in the home. CLC argues that children should have the same legal protections from violence as adults, in line with the United Nations Convention on the Rights of the Child (UNCRC).

Failing Children in Need: Bail and Accommodation Issues

Beyond these critical amendments, the CLC submission also highlights serious failings in the current system regarding bail and accommodation:

  • Children Held in Custody Due to Lack of Accommodation – The evidence outlines cases where children granted bail remain in custody for extended periods due to the failure of Health Trust’s to provide children with a bail address. This violates their rights and may result in them spending longer in custody than if they had been given a custodial determination.
  • Children with Additional Needs and Vulnerabilities – The evidence highlights instances where children with additional needs and vulnerabilities are placed in unsuitable settings where their needs are not met. This can result in inappropriate police intervention and children without capacity being placed in justice settings.
  • Flawed Bail Provisions – The Bill fails to properly safeguard children’s rights when bail conditions are set. CLC argues, in line with children’s rights standards, that there should be a presumption of bail without conditions for children.
Read the Submission

CLC Urges Immediate Action

Ahead of presenting to the committee, Fergal McFerran, Policy and Public Affairs Manager at CLC, said:

“The Justice Bill represents a vital opportunity to bring Northern Ireland’s youth justice system up to date with ongoing best practice, and in line with international human rights standards. However, without critical amendments, it risks failing the most vulnerable children in our society. No child should be criminalised at ten years old, nor should a child remain in custody simply because they have nowhere else to go.

“The Bill also provides an opportunity to finally grant children the same protection from violence to that afforded to adults. MLA’s cannot miss this opportunity to join the many other jurisdictions across the world who have ended corporal punishment for children in all settings.”

Watch the Evidence Session

CLC calls on MLAs to act decisively and ensure that the Bill prioritises children’s rights and best interests. The organisation will continue to engage with the Committee for Justice and a wide range of MLAs as the Bill progresses, including further commentary on other parts of the Bill as introduced in due course.

Blog: ‘Nothing About Us, Without Us’

23 March 2025
Sam Nelson
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Categories: Blog, News

23 March 2025

In our latest blog, VOYPIC Young Rep, Michelle Chapman, highlights her work representing Northern Ireland at the 28th Annual Conference of the European Network of Ombudspersons for Children.

Make sure you don’t miss out on our blogs, plus all our latest child rights news by subscribing to our Ezine ‘Child Rights Matters’.

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Written by Michelle Chapman
VOYPIC Young Rep

I am a VOYPIC Young Rep and in September 2024 I had the amazing opportunity to travel to Helsinki, Finland, to represent Northern Ireland at the 28th Annual Conference of the European Network of Ombudspersons for Children (ENOC). The theme of the conference was the rights of children in alternative care, which is something important to me because I’ve grown up in care myself.

I was part of the European Network of Young Advisors (ENYA); a group of young people from across Europe who came together to make sure our voices and experiences were included in big conversations about care.

Preparing to Represent Northern Ireland

Before heading to Helsinki, I worked with NICCY and other young people with care experience, to talk about what’s working and what’s not in the care system in Northern Ireland. We discussed things like stability in placements, the importance of feeling listened to, the need for all adults who work with children and young people in care to be properly trained and supported, as well as the support needed when you leave care. It was important to me that I wasn’t just sharing my own views but also representing my friends and other care-experienced young people back home.

We travelled to Bratislava in July, with Laura from NICCY and Brenda from VOYPIC supporting us. Brandan (another VOYPIC Young Rep) and I shared our experiences of care in Northern Ireland and got to meet other Young Advisors from different countries, and learn about alternative care across Europe. It was eye-opening to hear that a lot of us faced the same issues, no matter where we were from.

One of the recommendations that I made at the Forum went on to be included in the final list of recommendations presented to ENOC.  This was “nothing about us, without us”.  This is something that is very important not only to me, but to the young people from Northern Ireland I was representing. 

I am a VOYPIC Young Rep and through this role I am lucky enough to have opportunities where I am part of ensuring that our voices are at the heart of decisions made about our lives.  VOYPIC stands for Voice of Young People in Care, and including young people’s voices is at the heart of everything VOYPIC does.  So many people at the conference wanted to know more about VOYPIC and the work it does, as they would love to have an organisation like VOYPIC in their country.  It made me realise that I’m lucky to have VOYPIC and all of the positive relationships I have made since I became involved with them a few years ago.

Taking the stage in Helsinki

Brenda, from VOYPIC, and I travelled to the ENOC conference in Helsinki with Laura from NICCY again, but we were also joined by Joanne from NICCY as well as Chris Quinn, the Children’s Commissioner for Northern Ireland.  I got on really well with everyone on the trip and loved the craic, even with all the cringey dad jokes, Christopher!

Walking into the conference was a bit overwhelming at first, but as soon as I saw our wee clan I felt more at ease. I knew they were here for me and I had worked with Brenda on preparing what I was going to say, so I felt ready for my role on the panel, and presenting my part of the presentation myself and the other Young Advisors prepared.

I presented part of the quiz, where we asked the audience- made up of ombudspersons, policymakers, and professionals who work with children in care- to stand up if they agreed with the statements we made.  A lot of people came up to me afterwards and complimented me on the quiz and how I brought my personality and humour into it, which really made it memorable for them and helped get our message across.

Learning and Looking Ahead

Being part of this conference made me realise how many people actually want to make things better for children and young people in alternative care. I also learned so much from hearing about care systems in other countries.

One of the biggest things I’ll take away from this experience is confidence. On our way home, Chris asked me what my takeaway was? I said that I realised I am capable of a lot more than I thought I was.

I’m so grateful to NICCY for the opportunity and to VOYPIC for supporting me on this journey, especially Brenda from VOYPIC, who traveled with me. Brenda grew up in care too, and having her there made a huge difference. She understood how I was feeling and reminded me that I deserved to be in that room, speaking up for myself and others.

Final Thoughts

Going to Helsinki was an experience I’ll never forget. It showed me that young people in care aren’t just statistics— we have real opinions, real experiences, and real solutions. We just need more people to listen.

It wasn’t all work either! I made some brilliant memories and had great craic on both trips with treasure hunts, sightseeing, swims in sea pools and my infamous napkin boats at our dinner with the Ombudspeople in Helsinki as well.

At the VOYPIC Care Day Awards, I was lucky enough to win the Community Champion award for my contribution to the care experienced community, for my role on the ENYA forum and at the ENOC conference.

I hope that the conversations we had at ENOC lead to real change, not just in Northern Ireland but across Europe. And I hope that more young people like me get the chance to speak up, because when we do, amazing things can happen.

Youth@CLC Kicks Off: New Youth Panel Meets for the First Time

27 February 2025
Sam Nelson
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Categories: News

27 Feb 2025

The new members of Youth@CLC met for the first time this week at the Children’s Law Centre, marking the beginning of an exciting journey for young people passionate about children’s rights.

At their first meeting, the panel members got to know each other through fun activities, learned about the work of the Children’s Law Centre, and explored key children’s rights guiding principles.

Discussions focused on their hopes and aspirations for the future of Youth@CLC, upcoming priorities, and how the UN Convention on the Rights of the Child (UNCRC) shapes their lives and the lives of other young people.

Of course, no first meeting is complete without great food – the group enjoyed pizza, plenty of Haribo, and even picked a playlist to set the mood.

This marks the start of an exciting new chapter for Youth@CLC, ensuring young voices are heard loud and clear in shaping the work of the Children’s Law Centre and advocating for children’s rights across Northern Ireland.

The work has been made possible by The National Lottery’s Community Fund, as part of the project Rights Here, Right Now: Empowering Young People to Know their Rights.

Stay tuned for more from Youth@CLC as they get to work.

SEN Reform Agenda and Five Year Delivery Plan: Key Considerations from CLC

10 February 2025
Sam Nelson
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Categories: News

10 February 2025

The Children’s Law Centre (CLC) welcomes the Department of Education’s recently published SEN Reform Agenda and Five-Year Delivery Plan, which aims to improve Special Educational Needs (SEN) provision in Northern Ireland. While this provides an opportunity for progress which must be taken up by all involved in children’s education, CLC holds several critical concerns about how the Department can ensure the plan meets the needs of children with disabilities and special educational needs.

Prioritising Disability Rights and Legal Obligations

One area of concern is that the Department’s use of “SEN” (instead of “SEND”) could potentially make children with disabilities less visible within the policy. Given the fact that inclusion of children with SEND in mainstream is a key driver for this plan, it is crucial that disability rights and equality are at the forefront of the plan, reinforcing clear legal obligations to protect disabled children’s rights.

Funding and Collaboration: The Pillars of Success

Many key actions in the plan are marked as subject to funding, which raises concerns about the sustained investment required to ensure effective implementation. Without the necessary financial and human resources – and meaningful collaboration across services – the reform will struggle to bring about real change. Active involvement from families, teachers and service providers in monitoring the impact of investment will be essential.

Ensuring the Graduated Response Framework Works for Children

The plan introduces a graduated response framework to streamline support processes. However, CLC stresses that this framework must not introduce unnecessary bureaucracy that delays or complicates access to essential support. It must also align with the existing SEND legal framework and statutory Code of Practice to ensure children’s rights remain protected.

The graduated response approach has been taken from a draft revised SEN Code of Practice that was consulted on in 2021 but has yet to complete Assembly scrutiny. CLC is seriously concerned that the graduated response is implementing the draft revised SEN Code of Practice through the back door, with the department having failed to respond to the significant concerns raised previously by CLC and others.

The Need for Proper Consultation and Equality Compliance

CLC is also concerned about whether the Department of Education has fully met its statutory equality duties under Section 75 of the Northern Ireland Act 1998. CLC urges the Department to publish its equality impact assessments and monitoring arrangements.

Additionally, effective consultation with children, families, and service providers must remain a core part of the process. The voices of those directly affected by SEN policies should shape the development and implementation of reforms to ensure they meet needs.

Early Intervention and Capacity Building

For early intervention to succeed, education settings need adequate internal capacity and external support. Special educational provision must be available, accessible, and transparent, ensuring that children receive timely support without facing administrative bottlenecks.

Accountability and Measuring Impact

CLC calls for robust outcomes monitoring and data collection to track the plan’s impact. This includes:

  • Assessing whether schools have the capacity to provide early intervention.
  • Evaluating whether EA pupil support services can meet demand.
  • Measuring how special educational provision improves outcomes for children with SEND.

The Path Forward

CLC will continue advocating for an effective, legally compliant SEND system that upholds children’s rights. The success of this reform will depend on significant and sustainable funding, transparent processes, enhanced co-operation between children’s services providers and a child centred approach which promotes equality of opportunity for children with SEND.