righting wrongs taking action to implement the un convention on the rights of the child bill badham...
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Righting wrongs
taking action to implement the UN Convention on the Rights of the Child
Bill Badham
The National Youth Agency
The Convention on the Rights of the Child
Most important document for anyone under 18 across the world
unless you are from Somalia or the USA
specifically for those under 18
continuing relevance for young people aged 18-25
UK Government agreed to fully implement it in December 1991
international legal obligation of Government to comply
scrutiny ever 5 years
A framework for all working with children and young people
Take it or leave it?
The Committee’s Concluding Observations
Unwanted interference?
Unwarranted criticism?
Just well meaning advice?
We know better
International legal obligation of Government to comply
2007 Government report
January: non-government organisations submit reports
www.getreadyforgeneva.org.uk: children and young people present their case
direct evidence to the Committee in Geneva
2008: Government delegation gives evidence
Government in the dock: children and young people present their case, 18 May 2002
I am what I am
Stolen childhood
Include us: we are citizens too
I’m a person not a problem
Just because I’m little…
The Concluding Observations, 4 October 2002
Good news for children and young people
More inclusive government
The Human Rights Act 1998
Independent Commissioners; …. unless you live in England
Some action on poverty
Bad news - action needed on:
Discrimination
Violence
Poverty and health
Education
Asylum seekers
Young offenders
What did the Committee miss? specific recommendation for young disabled people
very young children: the environment and play
transport
rural young people
lowering the voting age
inequality of education and training for young people
The Concluding Observations:implications for the Government
General measures Convention as law in UK courts, especially Article 12
Better planning and monitoring
Independent human rights body
Knowledge of the Convention and professional training about it
tackle discrimination in attitude and service provision for
disabled young people
travellers and Irish children and young people
gay, lesbian and transsexual young people
Violence and abuseChildren and young people should be protected from violence, abuse and neglect. Article 19
Ban violence against children and young people
Promote the respect, human dignity and physical integrity of children and young people
Tackle the sexual exploitation of young people
Stop their criminalisation when involved in prostitution
Use the full resources necessary
Tackle youth homelessness
Ensure adequate benefits and allowances for 16-18 year olds
Equal access to health services
Tackle rate of teenage pregnancies, mental health problems and suicide
Ensure effective support for gay and transsexual young people
Repeal Section 28 of the Local Government Act 1986
Poverty and HealthChildren and young people have a right to a standard of living that is good enough to meet their physical and mental needs. The Government should help families who cannot afford to provide this. Article 27
Article 12 as law
reduce exclusions
young prisoners access
EducationChildren and young people have a right to an education. Discipline in schools should respect their human dignity. Article 28
Best interests of the child and young people
Stop the detention of unaccompanied minors
Access to basic services
Stop the dispersal of 18 year olds
Avoid using temporary accommodation for young asylum seekers
Young asylum seekers
Children and young people who come into a country as refugees should have the same rights as those born in that country. Article 22
Overhaul juvenile justice in line with the Convention
Considerably raise the age of criminal responsibility
Stop trying children in courts as if they were adults
Stop putting them in adult prisons
Only use prison as a last resort and for the shortest possible time
Ensure young prisoners’ rights to health, education and protection
Ensure independent advocacy and an effective complaints process
Young people in trouble with the law
Children and young people who break the law should not be treated cruelly, not be in prison with adults and should be able to keep in contact with their families. They should receive legal help. Prison sentences should only be used for the most serious offences and be as short as possible. Articles 37 & 40
Face the facts: poverty
The impact on health, education, life opportunities, training, jobs
the 4th richest country in the world
32% of our children and young people live in poverty
minority ethnic families worse affected
bigger impact on families with disabled children and young people
100,000 young people homeless
70% of young people leaving care with no GCSEs
Asylum seekers on 24% benefits than other poor families
Face the facts: prisons
The UK locks up more young people than any country in Europe
black young people are 6 times more likely to be locked up than white young people
11 young people killed themselves in the last 5 years
conditions
“unacceptable in a civilised society”
“institutionalised child abuse”
Chief Inspector of Prisons
The Concluding Observations:implications for us
urge Government to fulfil its legal obligations
monitor our own practice and policies
frame policy and campaigning in line with the recommendations
form a specific action plan with young people and implement it
scrutinise Government consultations, laws and policies
inform children and young people of their rights under the Convention
embed training in the Convention and Concluding Observations
What are the implications for us of adopting the UN Convention on the Rights of the Child?
•Lack of equal protection under the law from assault
•Denial of full provisions and protections of the Children Act 1989 for asylum seeking children and young people
•Misuse of custody and maltreatment of young offenders
•Child poverty
•Rising health inequalities
•Poor attainment of children and young people in care
•Lack of knowledge among children and young people of their rights