The Children’s Law Centre has worked alongside the Children’s Rights Alliance England, Together Scotland and the Wales UNCRC Monitoring Group to produce a series of thematic briefings to inform the Universal Periodic Review (UPR).
What is the Universal Periodic Review?
Approximately every four years, the UK’s overall human rights progress is assessed under the UPR.
The UPR is a process where the countries that are members of the UN Human Rights Council review the human rights progress of UN member states. The UPR is based on the UN Charter and all the UN human rights treaties that have been ratified the country under review.
The UK will have its next UPR review in November 2022. Prior to the review, the UK Government submit a full report outlining steps it has taken to progress human rights since the its review. Other countries review this information and can make recommendations on where further improvements could be made. The aim of the UPR is to improve the overall human rights situation in each country and share best practice around the globe.
Civil society organisations can present their own reports as part of the process and CLC has worked closely alongside other children’s rights organisations in England, Scotland and Wales to draft the following briefings to assist in informing the review, in the context of the state of children’s rights in the UK:
Speaking out on ‘World Refugee Day’ the Children’s Law Centre (CLC) and South Tyrone Empowerment Programme (STEP) have said the treatment of asylum-seeking children and their families in ‘contingency accommodation’ settings is “cruel, unnecessary and avoidable”.
The two organisations had recently published a report highlighting the lived circumstances of asylum-seeking children and their families being accommodated in ‘contingency accommodation’.
The report, jointly submitted upon request to the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities, highlights a number of potential rights breaches. The report was also endorsed by four other organisations – Conway Education Centre, Participation and Practice of Rights (PPR), Barnardo’s Northern Ireland and South Belfast Sure Start.
Fergal McFerran, Policy and Public Affairs Manager at CLC, said: “We are deeply concerned about the reports coming from residents who are living in ‘contingency accommodation’ settings and the community and voluntary sector organisations providing emergency support to them. The experiences of vulnerable children in particular are very worrying. We believe there are significant children’s rights breaches occurring and urgent, joined-up action is required to prevent these from continuing.
“We have been working alongside a number of organisations to call for action. This must include duty bearers working together urgently to address any rights breaches, and listening to those affected, namely residents, to co-ordinate an effective response.
“Beyond that, the ‘hostile environment’ created by the UK Home Office must end. It is driving refugees and asylum seekers into destitution and ill health, rather than allowing them to contribute positively to society. However, in the meantime, duty bearers cannot hide behind the Home Office and must continue to uphold key rights.”
Bernadette McAliskey, CEO at STEP, added: “The treatment of residents living in ‘contingency accommodation’ settings is cruel, unnecessary and avoidable. Asylum seeking children have rights that must be upheld. Yet, it is deeply worrying to hear reports of new mothers who cannot get access to basic goods and equipment to care for their babies, or families who have had their access to recreational activities severely curtailed. It is also clear that access to education has been severely limited, with no effective overarching strategy evident to address this.
“We will continue to work alongside other organisations to raise these issues and give a voice to asylum-seeking children and their families. We need to see urgent and co-ordinated action to address the failures and uphold the rights of those affected.”
Speaking ahead of the 2021 Children’s Law Centre Annual Lecture, UN Special Rapporteur on Trafficking in Persons Especially in Women and Children, Professor Siobhán Mullally has raised her fears that the Nationality and Borders Bill will heighten the risk of trafficking and re-trafficking for child refugees.
Professor Mullally’s lecture will be delivered on Thursday 2nd December at 3:30pm and is titled ‘Responding to Child Trafficking: Rights Vs Rhetoric’. The lecture comes only a week after at least 27 people, including children, drowned crossing the English Channel. Following the tragedy, the UK Home Office was widely criticised for its hostile environment towards refugees and asylum seekers.
“There is little doubt that the risk of trafficking or re-trafficking will increase as a result of this Bill, particularly in relation to children. It will make it more difficult to identify victims or potential victims of trafficking, with changes to the ‘reasonable grounds threshold’ particularly concerning. It will also weaken access to services that meet the complex individual needs of victims of trafficking, and potentially treat child refugees as criminals.
“There is an established international rights framework set up to protect refugees and prevent trafficking. Such serious departure from this framework, coupled with the current rhetoric towards refugees, will have devastating consequences for people, including very vulnerable and traumatised children. Rather than address the refugee crisis and tackle trafficking, the Nationality and Borders Bill is a gift to people smugglers.”
Paddy Kelly, Director at the Children’s Law Centre added: “We are very pleased that Professor Mullally agreed to deliver our 2021 Annual Lecture. It comes at a critical moment where much of the good work carried out in this jurisdiction to tackle the causes and effects of child trafficking could be undone. It also highlights the importance of a strong rights framework, including domestic implementation of those rights in the protection of children. Just last week we witnessed the terrible impact of the failure to protect the rights of refugees and asylum seekers. Until we recommit to the 1951 Refugee Convention and the UN Convention on the Rights of the Child, we will continue to fail child refugees.”
Children’s Law Centre Immigration solicitors have offered their condolences in response to the tragic loss of life in the English Channel. The solicitors have highlighted the lack of safe, legal routes as a key factor putting refugees at risk. They have also warned that the situation will worsen as a result of the Nationality and Borders Bill, and current rhetoric painting refugees as criminals.
Barbara Muldoon, Immigration Solicitor at the Children’s Law Centre said: “We would, first and foremost, like to offer our sincere condolences to those who have lost loved ones in this tragedy. Probably every single person on that boat had someone who was waiting to hear that they had crossed safely. I can’t imagine the grief they currently feel.
“It is deeply troubling to encounter a loss of life on this scale. The lives of vulnerable, innocent people who were desperate for a safer life, including a number of young children.
“At the Children’s Law Centre, we represent the majority of unaccompanied asylum seeking children in this jurisdiction, in their application for asylum. Almost every young person has recounted the horror of small boat crossings at some stage of their journey. The dark, the fear, the cold and the desperate hope. It’s difficult for many to understand quite how desperate that is, but it is the reality they face.
“We owe it to these people to look at why a tragedy like this happens, and we can’t hide from the fact that this loss of life was preventable. Immigration practitioners have made it clear for a long time that this is the reality forced upon refugees due to the lack of safe and legal routes to asylum. Separated and unaccompanied asylum seeking children in particular have no other option due to the ‘blanket prohibition’.
“We also need to face up to the reality that the Nationality and Borders Bill, alongside the current UK Government rhetoric towards refugees and asylum seekers is not going to prevent this. In fact, the vast majority of practitioners agree that things will get worse by further criminalising refugees and weakening safeguarding measures for child refugees. Clause 40 of the Nationality and Borders Bill would even have made it a criminal offence to intervene and attempt to save these drowning people, including women and children.
“We need to collectively denounce the dangerous rhetoric around refugees and face up to the reality that there is no ‘migrant crisis’ in the UK. There is no ‘influx of migrants’. Those coming to the UK are seeking asylum. They have a legal right to do so under the 1951 Refugee Convention. We must re-commit to international obligations and ensure that we protect these people, including young vulnerable children, from exploitation, from the clutches of traffickers and from perilous journeys.”
A briefing note on the impact of the Nationality and Borders Bill on children, anti-trafficking and devolution can be found here.
A young refugee, who arrived in Belfast as an unaccompanied asylum-seeking child, has written an open letter to the Lord Mayor of Belfast. The young person was assisted in their claim for asylum by specialist immigration practitioners at the Children’s Law Centre. The letter details the young person’s love for the city and how they have settled since arriving. It was be read at Belfast City Council’s October full council meeting.
Titled ‘My Perspective on Belfast’ the letter outlines how the now young adult feels “safe” in the city among the “friendly and sociable” people. It demonstrates the incredible resilience and positivity of a young person who arrived alone and scared, and how they’ve adapted to life as a new citizen of Belfast.
The open letter comes as controversial immigration and asylum changes are progressing through Westminster. The Nationality and Borders Bill, which has been widely criticised by immigration practitioners, will have devastating consequences for unaccompanied asylum-seeking children. Solicitors at the Children’s Law Centre have raised significant concerns that it will put them at increased risk of trafficking and will prevent them from accessing the quick, specialist services they need during a traumatic time.
Speaking ahead of the council meeting, Immigration Solicitor Maria McCloskey said: “The Children’s Law Centre represents the vast majority of unaccompanied asylum-seeking children in this jurisdiction. We witness the impact of the trauma these children have endured and the vulnerable position they are in, with 40% of our clients recognised as potential victims of trafficking. To see how settled one of those young people has now become, and how positive they are about their new home in Belfast, is heart-warming. I’m so pleased to have been able to help them.
“However, we can’t hide from the fact that if the Nationality and Borders Bill was in place, 96% of the asylum claims made by the separated or unaccompanied asylum-seeking children we represent, would have been considered inadmissible. This means they would not have been entitled to the full protection of the Refugee convention of 1951. The government would, first, have tried to remove them to another country. Had they been unable to remove them, they would have granted them short term permission to remain, without access to any benefits or help with housing, leaving them potentially homeless and destitute in the future. The reality is that these are vulnerable children and changes to the asylum process on this scale are going to put them in harm’s way. It also undermines positive devolved efforts to tackle trafficking in recent years.
“Not to mention the dangerous rhetoric around refugees coming from the Home Office, the Bill also criminalises people who are legally seeking asylum. Refugees are not criminals just because they seek asylum. We are talking about people like you and I who have lost their home through war, fear or persecution and have nowhere to turn. Children, alone, trying to reunite with far off family members, or in the grips of modern slavery.
“This letter shows the reality of who we, as legal practitioners, support in our work. It is an example of the difference we can make by ensuring safe arrival, quick action and the opportunity to live a life without fear. An example of what will be lost if the worst reaches of the Nationality and Borders Bill are not curtailed.”
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
You may contact individual Children’s Law Centre staff via email. Please initially contact Sarah McAuley on reception@childrenslawcentre.org
If you have already been in contact with a member of staff please contact the relevant member of staff directly.
Email addresses for Children’s Law Centre staff are below:
reception@childrenslawcentre.org
sarahmcauley@childrenslawcentre.org
barbaramuldoon@childrenslawcentre.org
catherine@childrenslawcentre.org
claire@childrenslawcentre.org
dianehammond@childrenslawcentre.org
eamonnmcnally@childrenslawcentre.org
samnelson@childrenslawcentre.org
emmaroseduffy@childrenslawcentre.org
helenrafferty@childrenslawcentre.org
kathrynstevenson@childrenslawcentre.org
liammackle@childrenslawcentre.org
mariamccloskey@childrenslawcentre.org
paddykelly@childrenslawcentre.org
rachelhogan@childrenslawcentre.org
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.
