crae (2013) the state of children's rights
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CRAE has produced an annual State
of Children’s Rights in England
report since 2003. This report is the
eleventh in the series. It summarises
The eleventh version includes
children’s rights developments from
December 2012 to November 2013.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND
The UN Committee on the Rights of the Child
is the highest authority on the Convention on
the Rights of the Child.
In October 2008, it issued 118
recommendations in relation to the
improvement of children’s rights in England.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 05
International treaties ratified by the United Kingdom are
not usually directly incorporated into UK law. In general,
the UK complies with its international obligations by
enacting or amending domestic legislation to ensure
compatibility with its treaty obligations.
The failure to incorporate the UNCRC into a domestic
Bill of Rights means that children’s rights are not
justiciable as such in the domestic courts.
Nor can children complain to the UN Committee on the
Rights of the Child in relation to a breach of their rights.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 07
“We believe we need to tackle the unfairly negative
portrayal of young people within our society. This is evident
through the use of stereotypes in the media that label
young people as yobs or thugs, and also the use of the
mosquito device in communities to move young people
away from public places. We think a young people’s press
service should be established to combat negative reporting
and that the Press Complaints Commission should
recognise ageism against young people as discrimination”.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 17
The number of children in the UK living in
poverty is expected to rise by around 700,000,
from 2.3 to 3 million, between 2010 –11 and
2015.
The Social Mobility & Child Poverty Commission,
in its October 2013 State of the Nation report, is
‘sceptical that economic, welfare and childcare
reforms will be enough, on their own, to allow
the Government to hit its child poverty target by
2020’.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 10
The infant mortality rate continues to fall. In 2011, there were 4.2 infant deaths per 1,000 live births – the lowest ever recorded in England and Wales
The most recent ONS figures show that infant mortality still varies significantly according to socio-economic group, with rates being highest for babies with fathers employed in semi-routine occupations (for example, shop assistants or care assistants) at 4.9 deaths per 1,000 live births, and lowest for those employed in the managerial and professional
The ONS suggests this may be caused by a link between deprivation, poor maternal health, and low birth weight.
There continues to be considerable differences in life expectancy according to geography, characterised by a north-south divide: A boy born in East Dorset has an average life expectancy of 83.0 years. A boy born in Blackpool can expect to live 73.8 years. A girl born in East Devon has an average life expectancy at birth of 86.4 years. A girl born in Manchester has an average life expectancy of 79.3 years.95
A review of health services for children across 15 countries in the EU has found that the UK has the highest number of excess child deaths a year, with more than 2,000 families losing a child each year, arguably avoidably.
It highlights that over five more children die each day in the UK compared with Sweden – referred to as a ‘national scandal’ by the researchers.
The report also found that the UK has the highest prevalence of asthma out of eight European countries, as well as one of the highest child death rates from pneumonia –twice as high as Sweden’s and three times those of France and Austria, even though the condition can be treated with antibiotics.
The report criticises the UK’s health system, saying it has not adapted to meet children’s needs.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 23; 29-30
Coventry SCR: Daniel’s voice was not heard throughout
this case
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 32
Injunctions to Prevent
Nuisance and Disorder
Anti-Social
Behaviour Order
on the
balance of
probabilitiesbeyond
reasonable
doubt
Change in legal
standard of proof
Under the Anti-social Behaviour, Crime and Policing Bill,
Injunctions to Prevent Nuisance and Disorder (IPNA) and
Criminal Behaviour Orders (CBO) are two of the orders which
will replace the Anti-Social Behaviour Order (ASBO) and other
civil orders.
The wider definition of anti-social behaviour applicable to
IPNAs (conduct ‘capable of causing nuisance and
annoyance’, compared with conduct ‘causing (or likely to
cause) harassment, alarm or distress’) will inhibit normal
childhood behaviour, such as play.
Applicants for an IPNA will need to satisfy the civil standard of
proof (‘on the balance of probabilities’) rather than, as
currently, the criminal standard (‘beyond reasonable doubt’);
Although successive Governments including the present
one, have increased support for children in the care
system, outcomes for looked after children remain
dispiritingly poor:
For example, 34% of 19 year-old care-leavers were not
in education, employment or training (NEET), compared
to the national average for 18 year-olds of 14%.
86% of children in care think it is important to keep
siblings together, but 63% of children in the care
system, whose siblings are also in care are separated
from them.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 03
Only 66% of poor children, 43% of children with SEN, 76% of BME children and 50% of looked after children achieved the expected level in English and mathematics at Key Stage 2, compared to the national average of 79%.
Only 36.3% of poor pupils, 22.4% of pupils with SEN and 15% of looked after children achieved 5+ A*-C at GCSE or equivalent including English and mathematics, compared to the national average of 58.8%.
Pupils with SEN (but no statement) are eleven times more likely to receive a permanent exclusion than pupils with no SEN.
Poor children are four times more likely to receive a permanent exclusion than other pupils.
22.4% of children are bullied daily, with disabled children and children from sexual minorities most at risk of bullying.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 04
Sex education is compulsory within maintained secondary schools, but apart from the requirements of the science programme of study, schools are free to determine what and how they teach it. Practice is poor.
A survey carried out by Research Now, on behalf of the National Association of Head Teachers, showed that 88% of parents said sex education and lessons on adult and peer relationships should be mandatory in schools.
A YouGov poll found that 86% of parents thought lessons should cover how to develop ‘respectful relationships’.
Teaching on relationships is not currently satisfactory. The End Violence Against Women Coalition, published a report calling for a statutory obligation on schools to address violence against women and girls and gender equality in the curriculum.
CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 76
Impact of poverty
Geographic differences in children’s outcomes
Disparity of outcome in terms of:
Wealth
Parents occupation
Health including obesity
Mental health
Being in care/leaving care
Special Educational Needs
Broadening the application of ‘anti-social behaviour’
‘Creeping up’ police use of tasers on children.
Higher infant mortality in comparrison with other countries
The fact that the UNCRC does not have legal jurisdiction in the UK
Whether or not we consider the previous disparities
between different groups of children to be acceptable or
not depends upon our underpinning constructions of
‘social justice’.
Further, how much social inequality should a member
state accept before stepping in and making provision to
‘level the playing field’?
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