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September 2001 The National Council for Children’s activities in 2000 - 2001Structure of the National Council for Children The National Council for Children is the Danish model for an ombudsman institution for children. The Council has a total of seven members coming from various professional backgrounds. All are experts in children and adolescents. The Minister for Social Affairs appoints the Chairman and two other members. The remaining members are elected on the basis of an election procedure where NGOs working with children may nominate candidates and participate in the election process. The Council’s Chairman this summer has resigned, and the appointment of a new Chairman is pending. Generally, the Council members meet six times annually. The Secretariat presently employs eight staff. The employees cover the following disciplines: law, sociology, communication, child and youth education and social work. Types of tasks carried out by the National Council for Children The office of the National Council for Children is a national agency given formal status and authority by Parliament.The Council is a politically independent body empowered to set up its own agenda, take action, give statements and formulate criticism when it deems necessary.The Council has no authority to deal with personal cases of complaint. The Council is asked to comment on new bills.The Council keeps the relevant ministers, members of Parliament, NGOs, professionals and the media abreast of its initiatives and statements.The Council uses tools such as newsletters, annual reports, conferences, press releases, a website and direct dialogue. Activities in 2000 - 2001 1. Comments on bills: In the past year, the National Council for Children has commented on 15 new bills that in some way affect children. Generally, the Council bases its comments on the Convention on the Right of the Child (CRC). 2. Annual meetings: The annual meeting for NGO’s, professionals, local and central authorities an other whith interest in children addressed in 2000 the topic. "The Changing Nature of Childhood". The coming annual meeting in November 2001 will focus on children’s time and adults’ time for children. 3. The National Council for Children’s communication with children: The National Council for Children primarily communicates with children through the Council’s children’s panel. This panel comprises a representative segment of children in 5th – 6th form, between the ages of 11 and 12. They participate in three or four annual questionnaire studies that can document children’s views on subjects relevant to them. One subject in the past year was children’s physical school environment. Many schools are run down and fail to live up to the requirements set for adults’ working places in respect of physical working conditions, light, cleaning and adjustable furniture. The pupils made express statements about these conditions, pointing out, for example, that the school toilets are completely unacceptable. On several occasions, the National Council for Children has drawn attention to the need for a working environment act for children, similar to the Danish act applying to workplaces. This year, a new bill on pupils’ learning environment was adopted. This is a step forward, but the Council does not believe that it is sufficiently comprehensive, one reason being that it does not cover small children in day-care facilities and children in after-school centres. Another children’s panel report focused attention on children in divorces - a major problem for Danish children. About one third of all children in Denmark at some time experience the divorce of their parents. The survey uncovers children’s opinions and wishes in connection with their parents’ divorce. For example, children clearly appear to want a greater say in which of their parents they are going to live with and how access for the other parent is to be organised. Children think that they should be heard from the age of eight and that siblings should not be separated. In continuation of the children’s panel survey about children in divorces, the Council carried out another project that render children visible in connection with divorces. Last year, the Council invited children to write the Council a letter recounting their own stories about their parents’ divorces. Many children accepted the invitation. The letters have been reproduced in the book: "But they’re still talking to each other". The book is intended for adults who want to know more about children in divorces. The book is in high demand from both parents and professionals in several fields. The National Council for Children is supporting the production of a documentary showing how children experience their parents’ divorces. The film is expected to air on national TV. The Council continues to focus attention on children and divorces and is planning other initiatives. A new children’s panel survey is presently being prepared on parents’ possibilities of taking days off (family welfare days) when their children are ill. The object is to include children’s attitudes towards family welfare days. What do they need and what do they get? Who looks after them when they are ill? How many are home alone when they are ill? When do children find it important to be together with their parents? The survey is expected to become an important element in the present debate in Denmark about longer maternity leave and more family welfare days in connection with children’s illness. 4. Implementation of the CRC in local authorities: In 1998, the National Council for Children, in cooperation with some local authorities, launched a pioneering project on implementing the CRC in the local authority work carried out for and with children (Local Authority Project). The aim is to show that the CRC is a useful tool in formulating children’s policies and conducting practical work with children. The Council has contributed with information, presentations and the building of networks between local authorities. On the basis of the experience gained, the Council has published a manual intended to inspire more local authorities to apply the CRC. Local authorities are showing an increasing interest in taking children’s rights seriously and in living up to the letter and spirit of the CRC. The National Council for Children will continue supporting local authorities wishing to put the CRC into local authority practice. Presently, the Council is preparing a national conference on the CRC in local authority work with children, which may provide further inspiration. In general, there seems to be a need to generate far greater awareness of the Children’s Convention among politicians, administrative employees and practicians than is the case today. Consequently, the Council is presently considering various other initiatives. These include: A new book on the CRC, containing information about the background to the Convention and the actual contents of the Convention – a kind of introduction to children’s rights within a Danish context. The book is meant to make the CRC accessible and, for example, describe the obligations that rest upon various players in society. 5. Video recordings of police interrogation of sexually abused children: In collaboration with two NGOs, the National Council for Children has set up a panel of experts to uncover problems connected with the video recording of police interrogation involving children who have been sexually abused. The panel is to clarify both legal and psychological problems associated with the interrogation of children. The aim is to submit a proposal for an optimum form of interrogation in autumn 2001; the proposal is to contribute to the ongoing national debate. 6. The National Council for Children’s supplementary report to the UN Committee on the Rights of the Child: In May 2000, the Council sent a supplementary report to Denmark’s second periodical report to the UN Committee on the Rights of the Child. The purpose was to give the Committee a more comprehensive view of children’s upbringing in Denmark than the view provided in the Government’s official report. The Council has given several recommendations to promote children’s interests and rights. The report addresses such subjects as children’s right to participation, children in divorces, children’s right to protection against sexual abuse, children’s health and welfare, harassment and imprisonment of children and adolescents under the age of 18 and much more. In the beginning of 2001, the Council participated in the Committee’s preparatory meeting. In June of this year, the UN Committee on the Rights of the Child submitted its final comments. It questioned official Denmark’s will to actively incorporate the CRC into legislation and practice. A more general strategy was called for. Other recommendations and critical comments concerned:
The National Council for Children’s report has noticeably influenced the work of the UN Committee on the Rights of the Child. The report has been publicised through the press, where it has generated considerable interest. The Committee’s comments will be thoroughly assessed and form the basis of further work in the National Council for Children. 7. UNGASS: The National Council for Children participated in Denmark’s preparation of the United Nations General Assembly Special Session on Children – UNGASS, including as a member of the working group under the Danish Ministry of Foreign Affairs, in which other ministries and NGOs also participated. In the working group, the Council emphasized that Denmark should give high priority to the following areas:
The Council has co-organized a seminar on UNGASS, entitled "Write a letter to the world", for children and young people. In continuation of the seminar, two adolescents under the age of 18 were elected as members of the Danish delegation to UNGASS. 8.Children’s avenues for filing complaints: The National Council for Children has examined various legal areas, with a view to elucidating children’s possibilities of filing complaints. Children’s right to file complaints proves to be vaguely defined and, in many cases, children and adolescents have no real recourse for complaining. The Council will focus attention on this matter and prepare a discussion paper that will put the subject on the agenda in various professional circles. The aim is, in the respective laws, to enhance and clarify children’s right to file complaints and, not least, to ensure that children are assisted in complaining in cases where they have grounds for doing so. 9. Publications: During this period, the National Council for Children has issued a total of seven publications: Two children’ panel reports: * Children in divorces * On pupils’ physical school environmentThree books: * Children as informants – an anthology that is to contribute to the debate regarding how we listen to children and let them be active participants in their own lives. * But they’re still talking to each other – children’s views on divorces * A step forward – on the CRC in local authoritiesTwo reports: * Report to the UN Committee on the Rights of the Child * Annual ReportThe publications are available in Danish only.
The Convention on the Right of the Child in Danish legislation The CRC has not been consistently incorporated into Danish legislation. When the Council comments on new bills, it does so on the basis of the Convention on the Rights of the Child. We comment if there is disagreement. Under the Danish Social Services Act, which is the act regulating, for example, day-care facilities for children and measures for vulnerable children and young people, including out-of-home placement for children, clear references are now made to the CRC. It appears from the text of the Act that measures taken must be in the child’ best interest. This represents a newer view on children that is gaining ground. The National Council for Children has actively worked to ensure that precisely this children’s perspective comes into focus, rather than the parent’s views in every respect. In the Danish Act on Custody and Access, the Council’s comments have helped ensure that in cases of access related to divorce cases, the child’s maturity now determines when the child will be heard. Formerly, a 12-year age limit applied. Generally, interest is shown in the Council’s views, which are expressed through comments to bills, discussion papers, reports, etc. These written expressions are accessible on the National Council for Children’s website. The media often cite these documents, a fact that helps raise awareness of the Council’s views and promotes their use in both political and professional discussions.
The Council’s finances: The National Council for Children’s financial situation will in future constitute an obstacle to the Council’s exercising its mandate. Some isolated major grants that the Council received for specific activities will be exhausted during 2002. It will be of paramount importance to the Council’s activities that the Council’s budget grant undergoes a considerable increase in 2003. Change of Chairman: The change of Chairman has affected the National Council for Children’s activities. Ms Jytte Juul Jensen replaced the Council’s former Chairman, Mr Per Schultz Jørgensen, on 1 February 2001. The Council’s new Chairman and members of the Council disagreed on the interpretation and exercise of the Council’s mandate, and on 1 July 2001 Ms Juul Jensen resigned as Chairman. The Council’s Vice-Chairman is temporarily acting as Chairman while the Council awaits the Minister for Social Affairs’ appointment of a new Chairman. The confusion surrounding the chairmanship has put a damper on the Council’s work. |
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Last edited by Barneombudet March 22, 2004 |