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children's rights

UN Concluding Observations Demonstrate Scale of Failure to Meet Children’s Rights Requirements

2 June 2023
Sam Nelson
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Categories: News

02 June 2023

Concluding observations include wide range of recommendations including a call to scrap the NI budget and start again

The UN Committee on the Rights of the Child produced concluding observations following examination of the UK government and devolved regions.

The Children’s Law Centre has said the scale of non-compliance with human rights obligations is alarming and called for immediate action to implement the recommendations.

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said:

“This is a damning set of recommendations from the UN Committee on the Rights of the Child. It reflects the grim picture facing children and young people in this jurisdiction today. The gap in children’s rights has grown significantly over the last decade and children and young people are suffering every day because of it, whether that’s facing discrimination, failure to access services or simply not being allowed to have a say on decisions affecting them.

“We now need to see swift action to address the many failings identified throughout the examination process. There can be no excuses or delay. The scale of non-compliance with human rights obligations is alarming.

“Some major recommendations like raising the age of criminal responsibility, legislation to protect under 18s from age discrimination, and the introduction of a Bill of Rights for Northern Ireland have been outstanding for years and have now been included in successive concluding observations. Other recommendations like scrapping the Northern Ireland budget, ending PSNI strip-searches of children and ending the use of contingency accommodation for asylum seeking children are new and add to a growing list of children’s rights breaches.

“Children and young people are being seriously failed. The gap in children’s rights has dramatically increased over the last decade due to the lack of action. The situation has become even worse due to the attacks on human rights by the UK government, the collapse of local decision making, the impact of Brexit and the failure to properly resource services.”

Fergal McFerran continued:

“We carried out an extensive piece of work with sector experts and children and young people themselves to identify the issues in this jurisdiction. We’re reassured that the Committee has reflected that work in their recommendations. We thank them, and in particular their UK taskforce, for their diligent work.

“We would also like to thank everyone who took part in the research, including NGOs, Dr Deena Haydon, Jerome Finnegan from Save the Children and of course the children and young people who either told us their views or presented to Committee members themselves. Their work has had a direct impact on the outcome of the reporting process.

“We now owe it to them all to see major change.”

The Concluding Observations contains a wide range of recommendations. Other key recommendations cover issues such as the right to withdraw from religious worship in schools, relationship and sexuality education, restraint and seclusion, abortion, stop and search, plastic bullets, protecting children from paramilitaries, and ending the hostile environment for refugee and asylum seekers.

The Children’s Law Centre led the Northern Ireland NGO sector in reporting to the UN Committee, including the submission of three major reports and leading two delegations of experts and young people to present evidence to Committee members.

The Centre will now work to ensure the recommendations are implemented by those responsible.

The Concluding Observations can be found at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FGBR%2FCO%2F6-7&Lang=en

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An Update on the UNCRC Reporting Process 2022/23

13 February 2023
Sam Nelson
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Categories: News

13 February 2023

This year, the UN Committee on the Rights of the Child will report on the work carried out by the UK government and Northern Ireland Executive to protect children’s rights. This is to make sure they are fulfilling their obligations under the UN Convention on the Rights of the Child (UNCRC).

The UK government signed up to the UNCRC in 1990 and it was ratified in 1991. By ratifying the UNCRC, the UK government have a duty under international law to make sure the rights of all children and young people in Northern Ireland are protected and to work towards making these rights reality in law.

The UK government must report to the UN Committee on the Rights of the Child (the Committee) every five years to explain how well they are protecting children’s rights in Northern Ireland. The Committee then makes concluding observations and recommendations for the UK government to implement.

The Children’s Law Centre (CLC) leads the Northern Ireland NGO sector in submitting evidence to inform the examination process. The Centre’s youth panel, Youth@CLC, also submits a children and young people’s report.

In December, CLC submitted three major reports to the Committee. The reports were developed in consultation with a wide range of NGOs, as well as over 1,000 children. They give an authoritative position on the state of children’s rights in Northern Ireland. Unfortunately, the picture is extremely worrying.

A number of the major recommendations from previous concluding observations remain unimplemented. These include raising the age of criminal responsibility, removing the defence of reasonable punishment, (finally) enacting a Bill of Rights for Northern Ireland, and introducing age discrimination legislation to protect children. These are all issues raised in 2016 that have still not been addressed.

Adding to this, subsequent years have become even more perilous for children and young people. Since 2016, we’ve had attacks on human rights from the UK government, uncertainty around rights protected by the Good Friday Agreement, escalating pressures on public services, the impact of Covid policies on vulnerable children, and a growing failure to protect newcomer children.

In addition, issues that did not feature in 2016 are now major concerns including the rising number of unaccompanied asylum-seeking children being held in unsuitable temporary accommodation. While concerns around the disproportionate numbers of children being stopped and searched remain, we now also have serious concerns around the strip searching of children and the use of ‘spit hoods’. Far from being protected and progressed, children’s rights have gone backwards.

When we look at the children and young people’s report submitted by our youth panel, Youth@CLC, we begin to understand why that is. One of the most damning statistics in their report is that only 15% of children and young people feel they are listened to by politicians. For 16 to 17 year olds, this figure drops to 9%. Decision makers simply aren’t listening and it’s little wonder children are being failed.

Listening to children and young people is the basic first step and it’s being missed. Once we listen, we quickly understand why fewer than half of the children who responded to our survey agreed they could quickly see a counsellor or specialist when they needed support for their mental health. In the words of one young person answering our survey: “From hearing friends talk about their experience with things like counsellors or CAMHS, it seems like it would make me feel worse or not work”.

The proportion able to quickly access mental health support was lower again for children on free school meals, children with a disability, and 16 to 17 year olds, all of whom are more likely to rely on the service. It’s clear, when it comes to mental health support, for example, we’re failing children. Or, as put more succinctly by one young person in a workshop: “CAMHS is shite, they put no time into helping you.”

The picture is similar across other areas. In schools, children tell us they’re being failed by not having standardised relationship and sexuality education (RSE). In care, we’re failing children by stigmatising them and failing to understand their particular needs. In the youth justice system, young people tell us the police don’t understand their mental health needs.

Disabled young people list a whole catalogue of ways they’re being failed within the school system and in the community, generally feeling less positive about their participation in society, their health and development and the opportunities they have available to them.

In February 2023, CLC led a delegation of children and young people, along with a number of other organisations, to meet with the Committee in Geneva to give evidence. Unfortunately, it was not an opportunity for them to show how children’s rights in Northern Ireland have progressed since 2016.

All three reports submitted to the Committee are available here, including a summary for children and young people of the Rights Here, Right Now report.

CLC would like to thank our youth panel, Youth@CLC, for helping us develop and submit the Rights Here, Right Now survey and report. We would like to thanks the 1,026 respondents to the survey, the 127 children and young people who took part in the workshops and the NGOs that contributed to the Stakeholder Report 2, and associated Stakeholder Report 2 Evidence.

Finally, we would like to thank Jerome Finnegan of Save the Children for his assistance in developing and analysing the survey and Dr Deena Haydon for her extensive work gathering, analysing and writing up the information presented in these reports.

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Damning Reports Show How Regression in Rights is Harming Children

19 January 2023
Sam Nelson
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Categories: News

Thursday 19 January 2023

Children’s Law Centre submits three substantial reports to the UN Committee on the Rights of the Child demonstrating how rights and protections for children have regressed

NGO Stakeholder Report 2 endorsed by over 50 organisations and individuals

Rights Here, Right Now report informed by over one thousand children and young people, including workshops with 127 disadvantaged or vulnerable children

NI NGO Stakeholder Report 2 - Endorsed by 50 organisations and individuals
Click to download the Northern Ireland NGO Stakeholder Report 2

Three major reports, submitted to the UN Committee on the Rights of the Child, demonstrate a regression in children’s rights. The reports, submitted by the Children’s Law Centre in consultation with a wide range of NGOs, as well as over one thousand children, highlight significant gaps in children’s rights and the impact this is having on children and young people in Northern Ireland.

Download the Rights Here, Rights Now Children and Young People’s Report
Download the Rights Here, Right Now Summary for Children and Young People
Download the Northern Ireland NGO Stakeholder Report 2
Download the Northern Ireland NGO Stakeholder Report 2 Evidence

The number and complexity of the issues being reported to the UN Committee have grown since the previous examination of the UK Government in 2016. Previous recommendations made by the UN Committee, such as raising the age of criminal responsibility and removing the defence of reasonable punishment remain unaddressed. However, the number and complexity of issues facing children and young people has dramatically increased over the last number of years.

Speaking ahead of submitting the reports, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre, said:

“We’re very concerned about the current situation for children and young people. These reports have been informed by a wide range of expertise within the NGO sector in Northern Ireland. They also give a voice to over one thousand children and young people here. We are able to give a very good indication of where we are in relation to children’s rights and the issues facing children, but I’m afraid it’s very concerning reading.

“A number of the major recommendations from previous concluding observations remain unimplemented. These include raising the age of criminal responsibility, removing the defence of reasonable punishment, the failure to enact a Bill of Rights for Northern Ireland, and the introduction of age discrimination legislation to protect children. These are all issues raised in 2016 which have still not been addressed.

“However, the subsequent years have become even more perilous for children and young people. Since 2016 we’ve had attacks on human rights from the UK Government, uncertainty around rights protected by the Good Friday Agreement, escalating pressures on public services, the impact of Covid policies on vulnerable children, and a growing failure to protect newcomer children.

"We're very concerned about the current situation for children and young people"
Click to download the NGO Stakeholder Report 2 Supporting Evidence

“In addition, issues that did not feature in 2016 are now major concerns. These include the rising number of unaccompanied asylum-seeking children, as well as the growing numbers of newcomer children being held in unsuitable temporary accommodation. While concerns around the disproportionate numbers of children being stopped and searched remain, we now also have serious concerns around the strip searching of children and the use of ‘spit hoods’.”

Children and young people’s opinions

Speaking about some of the findings in the children and young people’s report, Fergal McFerran, continued:

“It’s little wonder that only 38% of young people surveyed by our youth panel said they could trust the police in their area. Only 15% of the young people surveyed said they thought politicians would listen to them if they gave their opinion. Children and young people are being let down and they are acutely aware of it.

“Our youth survey also highlighted the widening gap in children’s rights when it comes to more vulnerable groups. Disabled children and children on free school meals were much more likely to feel negatively about their experiences across a number of general topics, including being listened to, being able to take part in making decisions that affect their lives, avoiding discrimination and being able to thrive. Children were also significantly less confident about accessing appropriate help and support for their mental health needs than they were about their physical health needs.

“The survey responses indicate a keen desire from children and young people to learn more about rights. Of respondents, 76% said they had heard about children’s rights before doing the survey, but only 51% said they understood what children’s rights meant. 86% of respondents said children should learn about their rights, with 94% of them stating that school was the best place to learn about rights.”

"Only 15% of the young people surveyed said they thought politicians would listen to them... Children and young people are being let down and they are acutely aware of it" - Fergal McFerran, Policy and Public Affairs Manager, CLC
Click to download the Rights Here, Rights Now Children and Young People’s Report

Full implementation of the UN Convention on the Rights of the Child

Reflecting on what changes can be made to protect children and young people, Fergal McFerran concluded:

“We are certain that the best way to protect children and young people from the many challenges they face is to see full and swift incorporation of the UN Convention on the Rights of the Child into domestic law.

“We look forward to engaging further with the UN Committee on the Rights of the Child through the examination process, including leading a delegation of children and young people to Geneva in February. We hope to see a strong set of recommendations that ensure the UK Government and local decision makers fulfil their obligations in protecting children and young people here.”

What is the UNCRC examination process?

The UK Government signed up to the UNCRC in 1990 and it was ratified in 1991. By ratifying the UNCRC, the UK Government have a duty under international law to make sure the rights of all children and young people in Northern Ireland are protected, and to work towards making these rights a reality in law.

The UK Government must report to the UN Committee on the Rights of the Child every five years to explain how well they are protecting children’ rights in Northern Ireland. The Committee then make concluding observations and recommendations for the UK Government to implement.

The Children’s Law Centre leads the Northern Ireland voluntary sector in submitting evidence to inform the examination process. The Centre’s youth panel, youth@CLC, also submits a children and young people’s report. The Children’s Law Centre will bring a delegation of young people to Geneva to meet with the UN Committee in February 2023.

"I think what young people lack is love. I don't have anybody - my mum's a drug addict, my dad doesn't want me. I feel I don't have anybody" - A young woman in secure care, when asked what support she needed
Click to download the Rights Here, Right Now children and young people’s report

Thank you to everyone who contributed to the reports

The Children’s Law Centre was pleased to lead the sector once again in submitting the Northern Ireland NGO report to the UN Committee on the Rights of the Child. We would like to thank our youth panel, youth@CLC, for helping us develop and submit the Rights Here, Right Now survey and report. We would like to thank the 1,026 respondents to the survey, the 127 children and young people who took part in workshops and the NGOs that contributed to the Stakeholder Report 2 and associated Stakeholder Report 2 Evidence. Finally, we would like to thank Jerome Finnegan of Save the Children for his assistance in developing and analysing the survey and Dr Deena Haydon for her extensive work gathering, analysing and writing up the information presented in these reports.

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Organisations Join in Call to ‘Stop Criminalising Our Children’

28 November 2022
Sam Nelson
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Categories: News

28 November 2022

Experts and children address event in support of raising the age of criminal responsibility to 16

Raising the age would remove a considerable number of children from the justice system

A Department of Justice NI consultation is due to close on 23 December 2022

The current age of criminal responsibility in NI is ten, one of the lowest in Europe and the developed world

Queen’s University Belfast, Centre for Children’s Rights, the Children’s Law Centre, Include Youth, NIACRO and Voice of Young People in Care (VOYPIC) have jointly called on support for raising the age of criminal responsibility in Northern Ireland to 16, with no exceptions.

The call came at an expert led event titled ‘Stop Criminalising Our Children’ hosted today (Monday 28 November) at Queen’s University, where attendees heard from a range of experts, including children themselves.

The UN Committee on the Rights of the Child has been quite clear that developed democratic societies should be aiming high and raising the age of criminal responsibility to 16 – Fergal McFerran, Children’s Law Centre

The event was organised in response to the Department of Justice NI’s consultation on whether the age of criminal responsibility should be raised in Northern Ireland. The five organisations believe this is the right opportunity to lead the way and raise the age to 16, with no exceptions. This would bring Northern Ireland in line with best practice, protect vulnerable children who are being failed, and provide better outcomes for society.

Joint Briefing – 10 Reasons Why 10 Is Too Young

Speaking about Northern Ireland being well behind international standards, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said:

“We’re failing our children and young people in Northern Ireland by criminalising them at such an early age. We’re also hugely out of step with international children’s rights obligations. The UN Committee on the Rights of the Child has been quite clear that developed democratic societies should be aiming high and raising the age of criminal responsibility to 16. Indeed, as far back as 2008, the then Chair of the Committee made that very point at the Children’s Law Centre annual lecture.”

Highlighting the impact criminalising children has on their lives, Dr Paula Rodgers, Policy Coordinator from Include Youth added:

“As a rights based charity for children and young people, Include Youth are concerned about the impact of criminalising children from aged ten. As well as increasing their chances of moving further in to the justice system, it can alienate them from society, create barriers to education, future employment and have huge implications on their mental health.

“Research has proven time and time again that criminalising children does not work. A low age of criminal responsibility that seeks a criminal justice solution to welfare issues, poverty, adverse childhood experiences and trauma simply accelerates already vulnerable children into the system. A needs based approach that focuses on trauma and rehabilitation can not only help the child or young person, but the whole community.”

Calling for better preventative strategies to divert young people from the criminal justice system, Fiona Greene, Chief Executive of NIACRO, said: 

“NIACRO fully supports raising the minimum age of criminal responsibility to 16. Raising the age would make a significant impact in removing the numbers of children entering the criminal justice system and ensure they are supported, and not punished, and behaviour is addressed. It would also support the expansion of evidence based Early Intervention services and programmes and demonstrate a commitment to trauma informed practice. 

“We need to see movement on this crucial issue now, our children deserve to see movement.”

Research has proven time and time again that criminalising children does not work” – Dr Paula Rodgers, Include Youth

With one in three children detained in the Juvenile Justice Centre having experience of care, Alicia Toal, Chief Executive of VOYPIC said:

“Research tells us that children in the youth justice system come from our most deprived and disadvantaged communities. Those with speech and language difficulties, poor mental health, or living in care, are more likely to be over-represented among this group of children.

“Raising the minimum age of criminal responsibility is one clear step we can take to redress this discriminatory approach, stop the criminalisation of children in care, and build a safer and fairer community for everyone.”

Joint Briefing – 10 Reasons Why Ten Is Too Young

Dr Siobhan McAlister, from the School of Social Sciences, Education and Social Work at Queen’s University Belfast said:

“The Centre for Children’s Rights at Queen’s welcome this public consultation on raising the minimum age of criminal responsibility in Northern Ireland. It is long overdue. We retain one of the lowest ages of criminal responsibility in Europe. The event hosted at Queen’s provides an opportunity to influence this public consultation by presenting some of the evidence demonstrating why raising the age of criminal responsibility is the right and necessary thing to do.”

“I was 13 the first time I had contact with the police and at the time I was in kinship care… No one asked me what was going on or why I did what I did” – ‘Chris’, now aged 19

Young people with experience of the criminal justice system have added their voice to the calls

‘Chris’, now aged 19 said:

“I was 13 the first time I had dealings with the police and at the time I was in kinship care. I was told I was in a lot of trouble, but no one asked me what was going on or why I did what I did.

“This was the start of my mental health getting bad. I was in consistent fear of being stopped by the police and everyone where I’m from thinking I was a bad kid.

“At that age you do stupid things you don’t realise the impact. If someone who was nice and could understand and help kids learn what would happen if they did these things or find out why they did do them and help them so they don’t do it again.”

‘Mark’, now 18, had a similar experience:

“I felt peer pressured, I didn’t know right from wrong at that young age.

“I was doubting myself and I don’t think any 13 year old should feel threatened because they are not educated on policing and law and order.”

“I didn’t know right from wrong… I was doubting myself and I don’t think any 13 year old should feel threatened because they are not educated on policing and law and order” – ‘Mark’, now aged 18

Key Statistics

According to government figures, there were 456 individual children aged 10-15 years old referred to the Youth Justice Agency Services in 2021/2022.

Of the 106 individual children in custody in 2021/2022, 33 were subject to a Care Order and 3 were Voluntary Accommodated.

There were 1,057 10-15 year old children recorded as having received prosecutions at court and out of court disposals in 2021.

The cost of holding a young person in custody during 2020-21 was £190,206 (expressed as the cost per place including corporate overheads) or £829,988 when expressed as the cost per occupant. Government figures from the Department of Justice, reveal that the one year proven re-offending rate of young people for custody release was 16 out of 20 young people. Non-custodial disposal with supervision was 45.6% | Non-custodial disposal without supervision was 38.6% | Diversionary disposal was 21.5%

Joint Briefing – 10 Reasons Why 10 Is Too Young

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Call for Evidence: NI Stakeholder Report

5 September 2022
Sam Nelson
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Categories: News

05 September 2022

The Children’s Law Centre has been leading the NGO sector in Northern Ireland in contributing to the examination of the UK Government by the UN Committee on the Rights of the Child. Having submitted a Stakeholder Report in December 2020 which influenced the List of Issues Prior to Reporting, the UK Government has since submitted a response by way of its State Party Report.

Image saying: "Read the previous report... Use the template to submit a response to CLC by Friday 30th September 2022"
Click on the image to get a copy of the previous stakeholder report

We now have the opportunity to submit a further report to the Committee, identifying key issues to be discussed during the UK Government’s examination in May 2023, taking account of any significant and relevant changes since December 2020.

CLC has asked Dr Deena Haydon to prepare an updated Stakeholder Report for submission in December 2022. We are keen to ensure that this is an accurate overview of key issues concerning implementation of the UNCRC in this jurisdiction.

This is an important mechanism to raise gaps and concerns around the implementation of international children’s rights standards. It is an opportunity to identify the current challenges facing our children and young people and how the failure to implement the UN Convention on the Rights of the Child impacts them. It is important we gain your expert input.

Image that reads: "Call for evidence... Use the template to submit a response to CLC by Friday 30 September 2022
Click on the image to download a copy of the template for responses

If you wish to contribute to the report, please download and use the template we have provided and return it by no later than 5pm on Friday 30th September. Please ensure you have read the previous report, as well as the State Party Report before submitting further evidence.

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