Key decision makers and politicians were warned, at an event organised by the Children’s Law Centre, that a generation of children and young people will be harmed unless a reformed Executive and Assembly delivers key children’s rights recommendations.
Delegates heard from leading children’s rights experts, as well as children and young people themselves, during a briefing event on the recent UN Committee on the Rights of the Child’s concluding observations and recommendations – a report previously described as “damning”.
The UN report raises concern around the treatment and protection of children and young people, as well as a long list of recommendations. These include a recommendation to withdraw the harmful 2023-24 budget for Northern Ireland.
Speaking at the event, Paddy Kelly, Director at the Children’s Law Centre said:
“There is a real and serious risk of long-term damage to our children and young people. The list of challenges facing them today is growing and becoming endless.
“There can be no doubt that decision makers are failing to look after their best interests. The proof is in the report from the UN Committee on the Rights of the Child, and in the endless stream of cuts to children’s services.
“It is past time for change. A restored Assembly and Executive should be working to implement these recommendations but instead we are seeing decisions being made at Westminster that are compounding the problems.
“We need a return to local decision making, followed by urgent Executive action, before the long-term damage to our children and young people becomes even more severe.”
The event also heard from Dr Deena Haydon, an independent research and policy consultant, Chris Quinn, the new Northern Ireland Commissioner for Children and Young People, Fergal McFerran, Policy and Advocacy Manager at CLC, and Youth@CLC member Ruby Campbell. The event was attended by MLAs, leading departmental officials, the NI Children’s Commissioner, leading children’s charities and human rights organisations.
At the event, Ruby Campbell addressed delegates as a young rapporteur from the Rights Here, Right Now children and young people’s conference held in September.
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.
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
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.
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.
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.”
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.
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.
Children’s Law Centre Service during Covid-19 Health crisis
We are not receiving post at present, all communication to be sent by email.
As a result of the current health crisis, and in accordance with government advice, all Children’s Law Centre staff are now working from home. We will continue to deliver services to the best of our ability and within ongoing restrictions.
What about Children’s Human Rights during the COVID-19 Pandemic?
The United Nations Committee on the Rights of the Child recently set out that “…restrictions must be imposed only when necessary, be proportionate and kept to an absolute minimum” and that “States should respect the right of every child to non-discrimination in its measures to address the COVID-19 pandemic as well as take targeted measures to protect children in vulnerable situations…States should ensure that responses to the pandemic, including restrictions and decisions on allocation of resources, reflect the principle of the best interests of the child.”
For answers to your legal FAQs on how COVID-19 impacts on children’s rights click here>>>
Brief note on children and the Mental Capacity Act (NI) 2016 and temporary changes to Deprivation of Liberty Safeguards during COVID-19 emergency, click here>>>
If you are concerned about how COVID-19 may impact on children’s enjoyment of their legal rights and you require further legal advice please email: info@childrenslawcentre.org
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Email addresses for Children’s Law Centre staff are below:
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catherine@childrenslawcentre.org
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Sinead@childrenslawcentre.org
If you wish to contact our legal advice service you may continue to do so by emailing: info@childrenslawcentre.org
Please note that CHALKY our Free Phone Advice Line has been suspended until further notice.
We will continue to monitor government advice and hope to be able to return to a full service as soon as it is safe to do so.
Please stay safe and well.
Children’s Law Centre Management Committee and Staff
This includes requiring each country, every five years or so, to make a report on their progress to an international committee of experts on children’s rights (this is called: ‘The United Nations Committee on the Rights of the Child’). This Committee will then visit those countries to check if they are doing what they should be for children and let them know where they need to improve.
People should think about ways to make sure everyone knows about the Convention, regardless of their age. There should be training around how to do this, especially for those who work with children and young people.
Countries are free to give children and young people more rights than the Convention lists; they just can’t take away the rights that are given by it.
the government should always try to make sure that your rights:
are realised in practice
actively help you to live a safer and happier life
It also means that the government should take steps so that you and the adults who work with children and young people all know about the UNCRC.
The age of criminal responsibility in Northern Ireland is 10, however the UN Committee on the Rights of the Child say that this is too low and have asked our government to raise the age of criminal responsibility to at least 14 years old.
The government must do all that they can to protect you and look for your family so they can reunite you. If your family cannot be found, the government must provide you with the same support and protection as any other child that has been separated from their family.
This includes being taken from where you live against your will and forced to live somewhere else.
It is your right to learn and practice your language, customs and religion. The government must do all that they can to support you and make sure you do not face unfair treatment or discrimination as a result of this.
Our government should make sure you can participate in fun activities you like e.g. places to meet and socialise with friends, sports, youth clubs and cinemas. You should also have opportunities to enjoy cultural life and customs for instance taking part in special events and activities.
The government should;
Make sure primary education is compulsory and free
Develop different types of secondary education, for example vocational training, and offer accessible guidance to all young people on their options
Offer financial support for young people who cannot afford further education
Work to reduce dropout rates from school
Make sure all school disciplines are appropriate, for example teachers should not use violence or harm children or young people
Your education should:
Respect human rights and freedoms
Respect the environment
Respect your family, identity, language, your values and the values of communities different than your own
Prepare you for life when you leave school for example understanding, peace, tolerance, equality and friendship with people of all backgrounds
The government should help your parents/guardians to provide for you. This includes supporting you, or a parent/guardian on your behalf, to make a claim for social security benefits, offering support and training, clothing, food and housing.
This support and training should also include teaching you about the effects of drug use and the government should protect you from any harm you might suffer if your parents/guardians are using drugs.
You have the right to clean water and nutritious food so that you can stay healthy. You should also be taught about nutrition, hygiene and how to keep yourself safe.
The government should make sure you have access to education, training, health care services, rehabilitation service, preparation for employment and recreation opportunities necessary for your development, especially if you have a disability.
The government should do as much as they can to make sure you grow up happy, healthy and safe.
This includes providing you with child-care or other arrangements if your parents/guardians are working.
If you are living in conflict, it may be in your best interests to place you in a different country.
Your other rights must still be met, for example keeping in contact with your parents where it is safe to do so.
Some examples of being in the care of the government are when you are living in;
care homes
foster care
hospitals
residential schools
boarding schools
prisons
detention centres
rehabilitation centres
If it has been decided that the best option for you is alternative care (e.g. foster care, a children’s home or being adopted),
there should be independent checks to make sure that your rights are respected.
You have the right to keep in contact with your family if they are living in a different country, and to leave your country to live with your family, where possible.
Applications to reunite a family involving children can be made by children who are outside the UK,
to join their parent(s) with leave to remain in the UK, subject to meeting requirements set out in the Immigration Rules.
Being kidnapped also includes being taken from where you live against your will and forced to live somewhere else, e.g. being sent to a different country against your will.
The government must understand that your parents and family are important people in your life.
The government must also see that, generally, as you get older and more mature you should have even more say in these types of decisions.
For example;
If your parent is in prison you have a right to visit them if you want to, so long as this is in your best interests.
If you are in care, your parents may still be involved in decisions affecting your life. They should be helped to do this in a way that respects your rights and is in your best interests.
This includes help for survivors of:
violence
sexual violence
neglect
exploitation of any kind
abuse
torture
armed conflict
trafficking
This also applies to young people who are suspected of having breached immigration laws, such as asylum seekers and refugees.
You should be protected from anyone doing anything to your body that you do not want them to do, this includes physical punishment in school or for someone to touch you, to take inappropriate pictures of you, or to use images of you in a negative or inappropriate way.
Some types of harm include physical or mental violence, injury or abuse, neglect, maltreatment or exploitation. There are also traditional practices in some cultures which can cause harm to children, such as forced marriage, food restrictions, scarring/branding and other body modifications.
The government must help to make sure that people are never violent or harmful towards you and they should take steps to prevent you from harming yourself in any way.
You are free to join a peaceful protest about issues you feel strongly about e.g. climate change and your privacy should be respected when doing this, but you don’t have a right to meet others for unlawful purposes e.g. to cause harm to other people.
Some young people living in places like residential homes, juvenile justice centres or hospitals, may find it difficult to have their own space. Regardless of where you are living, you have a right to privacy.
Everyone should have access to the media and the internet, including young people whose freedoms are limited e.g. those in the Juvenile Justice Centre. Young people with a disability or where English is not their first language should get the help they need to access the media. You should be protected from harmful media for example material that shows graphic violence.
You can express yourself in different ways such as talking out loud or posting things on the internet. Your parents/guardians can guide you in this but as you get older and more mature, your ability to hold beliefs that are different from others must be respected.
For example, if your religion/beliefs are different from other students at your school, your teachers should make sure you have the chance to practice your religion and customs during school hours, if you want to. You should be able to follow your own beliefs as long as these beliefs respect and don’t cause harm to others e.g. you don’t have the right to reveal private information or say harmful things about a person that are not true.
Your identity is made up of many different parts, including:
Your name and nationality
Your race, culture, religion and language
Your appearance, abilities, gender identity and sexual orientation
The government should not interfere with your right to any of these and they should be able to help if any of these things are taken away from you.
For example;
Children in care – This means that your name should not be changed, unless you want it to be.
Stateless children – being stateless can affect whether you can go to school or to the hospital. The government should not have any laws that discriminate on the basis of ethnicity, race, religion or gender to cause statelessness.
If you are in care you have a right to have a say in where you are going to live. If you are in a hospital you have a right to have a say when there are different treatment options available to you. As you get older and more mature you should have even more say in these types of decisions.
The government should do as much as they can to make sure you grow up happy, healthy and safe.
This means all adults, like your parents/guardians, teachers, social workers, doctors and the police. When adults make decisions that will affect your life they must always think about what’s best for you and make sure you have a say in these decisions, where possible.
Discrimination can be direct or indirect. For example;
Direct: If someone did not get a job because they had a disability or a different skin colour.
Indirect: If everyone had to climb up a flight of stairs to get to an after-school club, this would discriminate against children who couldn’t do that because of a physical disability.
Training
Training
Due to the current Covid 19 Public Health Emergency all CLC’s face to face Training Calendar Events are postponed until further notice. We are hoping to offer online training seminars in the near future. Dates for online events and booking details will be posted to this page in due course…
The provision of training and information events are integral to the work of the Children’s Law Centre. All training delivered by CLC is directly informed by legal, policy and legislative developments relevant to children and young people and is underpinned by the key principles of the United Nations Convention on the Rights of the Child, ratified by the UK Government in 1991:
Article 2 – Non discrimination
Article 3 – Best Interests of the Child
Article 12 – Voice of the Child
CLC training aims to support all stakeholders in making children’s rights a reality in this jurisdiction by:
Raising awareness and understanding of children’s rights
Promoting the protection and mainstreaming of children’s rights
Links to online booking feature for future use?
Youth Participation and Advocacy
Youth Participation and Advocacy Project
The work of the Children’s Law Centre is guided and informed by the views of children and young people, particularly youth@CLC, our youth advisory panel.
Youth@CLC work closely with our Youth Participation and Advocacy Worker and other youth forums/young people in schools to raise awareness of children’s rights issues in Northern Ireland and advocate for positive change in children’s lives using children’s rights.
Youth@CLC inform our work and government policy affecting children through:
Participation in consultation responses
Running children’s rights projects and campaigns
Policy Work
Policy Work in CLC
CLC’s policy work ensures that where proposed governmental policies or legislation will impact on children and young people, government is reminded of its obligations to deliver on children’s rights as it is set out in the United Nations Convention on the Rights of the Child.
Some of the policy work we do includes:
Making consultation responses
Providing policy briefings to decision makers, partner organisations, children and young people and the general public
Delivering policy training
Making written and oral submissions to NI Assembly Committees
Carrying out consultations with children and young people and representing the views of children and young people to government
Legal Services
Our values
Our legal services are child focussed and the child is always our client.
We ensure that public authorities, tribunals and courts recognise children as rights holders with the right to express their views and have those views taken into account.
We strive to ensure that when decisions are being made that impact on the lives of children we represent…
The voice of the child is always heard ,
The child’s best interests are at the heart of decision-making
All children have equality of access to their legal rights, regardless of their age, background or circumstances
Chalky – Free phone Advice Line 0808 808 5678…(phone and email icon and address)
Our CHALKY legal advice and information service was launched in May 2000. We provide a free child friendly legal advice and information service, which deals with over 2000 issues annually. Our service provides free advice by phone or email to children and young people, their parents/carers and professionals with legal queries relating to difficulties in school, access to services for disabled children, special educational needs, mental health service provision, homelessness, family law issues and other general legal queries.
We can provide advice on children’s rights relating to the following areas:
Family Law
Being Looked After
Youth Justice
Mental Health Law
Access to Medical Services
Access to Family Support Services
School Admissions
Suspensions and Expulsions
Special Educational Needs
Social Security Benefits
Employment
Leaving home
The Human Rights Act
Equality and Discrimination
Housing
Immigration
Do you know you Rights series link here
Free Legal Representation for Children and Young People
We also provide free legal representation, particularly at SENDIST and Mental Health Review Tribunals and undertake strategic litigation following the criteria contained within our Casework Policy.(link to)
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New Digital Information and Advice Service for Children and Young People only (under 18)– Live Now!
Ree Rights Responder and Live Chat
Young people (aged 13 – 17) who would prefer to access information on their rights online can access our Children’s Rights chatbot REE- Rights Responder, which also offers a connection to an online legal advisor through REE live Chat for those young people who may need additional information and advice on their rights. See Ask an Expert in Youth Section for more information on REE.
