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ENOC INFORMATION AND TRAINING PACK DISCUSSION WORKSHEETS Why have an independent office to promote children’s human rights ____________________________________________________ Human rights are universal; everyone’s human rights need active protection and promotion. If we are to promote effectively the establishment or development of independent offices to promote children’s human rights, we need to assemble the arguments, both general arguments and specific ones in the state or region we are working in. This sheet is intended to fuel discussions on "Why have an independent human rights institution for children?" It provides a list of possible special justifications, a framework for considering how governments may be failing children, why children have achieved a higher political priority in some states and exercises including a debate (the case for and against establishing an independent office); identifying what sort of society we want to create for children; identifying threats to advocacy of children's rights 1 Why do children need special arrangements and special attention to protect their human rights? The following is an initial list of general justifications: are there any other obvious justifications? Which of these justifications is useful in convincing governments to make special arrangements for children?
2 Identifying how governments are failing children In making the case for establishing or developing an independent office in a particular state, we will need to analyse how government may be failing children/failing to implement the Convention effectively.
The following are some common areas of failure, to consider and build on in discussion (in addition, the "Implementation Checklists" in UNICEF’s Implementation Handbook - for example for article 4, page 73 and article 42, page 567, provide a detailed set of questions):
Failure to give children a high priority: do political leaders, politicians and government officials demonstrate a commitment to the realisation of children’s rights? do political leaders, politicians and government officials demonstrate an understanding of the state of children’s lives? are children visible in government policy-making? in parliamentary debate? is there any formal process of child impact assessment and evaluation within government at any/all levels?
Inadequate co-ordination Is there adequate co-ordination concerning policies affecting children between government departments, at all levels of government? Is there effective implementation at a local level of positive policies for children?
Inconsistent legal reform Is there an on-going review of all legislation to ensure it is compatible with the Convention and promotes children’s rights?
Limited resources not used effectively Are children visible in national and local budgets? Can the costs of various services to children be identified? Are the best interests of children a primary consideration in budget discussion and decision-making, in the setting of priorities, etc? Are resources made available for preventive policies, rather than responding to problems as they emerge?
Failure to promote children’s responsible participation Does government at any/all levels seek children’s views on policy and take them seriously? Are there any formal channels for consulting children? Are draft policies which will affect children "translated" into forms which children can understand and respond to? Does legislation reflect the Convention’s requirement that children have a right to express views and to have them given due consideration in all matters concerning them? Has there been any research to determine whether and how children are involved in decision-making?
Failure to disseminate information on the human rights of children Is there a comprehensive plan to disseminate information on children’s rights to children and adults? Are there training programmes on rights for all those working with children? Has there been research to evaluate the extent of knowledge of the Convention amongst children, those working with children and the public generally?
3 Why have some states managed to develop a higher political priority for realising children’s rights than others? It is plain that some states have got very much further than others in taking the protection and promotion of children’s rights seriously. Why is this? What characterises such states? Participants in a discussion could compare the situation in states known to them and try to identify factors which have led to a higher political priority.
These are some factors associated with the development of a higher political priority for children that have been identified in similar discussions: More women in government Developed overall culture of human rights and equality
4 A debate: the case for and against establishing an independent office for children
Divide into two groups: one develops the justifications for establishing an independent office to promote the human rights of children; the other develops arguments against such a proposal. The debate could be about a proposal in a particular state, or an abstract debate about the pros and cons. These are some of the arguments made against establishing independent offices:
5 Identifying what sort of society we want to create for children If the overall purpose of an independent office for children is to develop better societies for children, we need to have some idea what such a society will look like. What are the characteristics of a child-friendly society? What would a utopian society for children look like? Some indicators to be developed, adapted and added to in discussion:
6 Identifying threats to advocacy of children’s rights In developing an independent office for children we need to identify the threats to advocacy of children’s human rights which exist in our society and consider how best to respond. In every society there are some traditions and some groups who oppose advocacy of children’s rights. Also some broad changes in society can threaten children. The following are some identified threats for discussion: traditional (social, cultural, religious) views of children -
Attitudes of:
Changes in societies posing a threat:
What are the aims of independent offices to promote the human rights of children? ____________________________________________________
Inevitably and correctly, the detailed aims and priorities of independent offices for children will vary from state to state. They will vary according to differences in the situation of children and according to the variety of governmental and non-governmental institutions and structures affecting children and promoting human rights within states. In developing an independent office for children, there will need to be consideration of the aims of existing offices and of national human rights institutions. This sheet provides a list of aims of existing independent offices, as a basis for discussion; not all offices pursue all these aims (in particular, offices vary according to whether or not they deal with individual cases and complaints from children):
Identifying institutions that exist to promote and protect the human rights of children ____________________________________________________
In making the case for an independent office for children, or in deciding on the specific role of the office in a particular state, it will be necessary to "map" relevant existing institutions and structures which are involved in, or could be involved in, monitoring, promoting and protecting the human rights of children and in each case to consider their powers and duties, scope and current activities. This list is intended to help in drawing a national or regional or local "map", which will need to identify:
What does "independent" mean? ____________________________________________________
It is important to emphasise that independence can only be relative not absolute; if the office is established and funded largely by government, it cannot be wholly independent. But there are elements in the establishment of an office which can enhance its independence, in particular being established by legislation. The following is an initial list of issues which need to be addressed, preferably in legislation: Appointment of ombudsperson/commissioner:
Other characteristics for independence:
Criteria for choosing a children’s ombudsman ____________________________________________________
What sort of person are we looking for to be a children’s ombudsperson? To fulfil the aims requires some special human qualities and skills, including perhaps the following (list provided for discussion):
What is advocacy? ____________________________________________________
Independent institutions for children are involved in advocacy. It is a general term which in this context means monitoring, promotion and protection of the human rights of children. There are many different methods of advocacy. The following starter-list is intended to be used in discussion of appropriate activities for an independent office: Methods of advocacy
What other forms of advocacy can be identified? Which are appropriate activities for an independent office?
Case scenarios for consideration of strategies for advocacy ____________________________________________________
What role could/should an independent human rights institution for children play in the following situations? The discussion can also be used to help to identify the sort of powers and duties which an independent office needs to be effective: Institutional abuse of children A series of scandals involving physical and sexual abuse of children in state-run and private institutions have been exposed in a newspaper.
Responding to violence by children The Government, responding to the brutal murder of a child by two other children, proposes new juvenile justice legislation including automatic custodial sentences for violent offences and lowering the age of criminal responsibility.
Education drop-outs A research study reveals that 20 per cent more girls than boys drop out of education at the end of primary education/at the end of compulsory education.
Budget cuts An increase in defence spending threatens to reduce school and child health budgets.
Detention of street children A group of street children have been picked up by the police and are being detained without charge.
Deportation ignoring children’s interests The parents of two children who have been settled for some years in a local community and school are threatened with deportation as illegal immigrants.
Lobby against sex education for children A strong political/religious lobby, aided by sections of the media, is advocating that there should be no school sex education and no confidential counselling for adolescents.
Segregation of disabled children A child with Downs Syndrome who has been educated in a local primary school with her friends from the community is told she must transfer to a special school, not the regular secondary school which her friends are going to as it cannot meet her special needs.
What sort of independent office for children should be established? ____________________________________________________
The aim of this sheet is to start discussion on the relative advantages and disadvantages of separate offices for children and offices integrated into national human rights institutions. It also provides notes on characteristics required to effectively promote children’s rights within a national human rights institution.
A key aim of an independent office for children is to make children and their rights more visible and to promote a higher political and social priority for children. This can be achieved either by establishing a separate independent human rights institution for children, or by ensuring a distinct focus on children’s rights within a national human rights institution (a human rights commission or general ombudsperson - see INFORMATION SHEET 1). Human rights are universal, and it is important that the promotion and protection of the human rights of children should be an integrated part of the mainstream human rights movement. But integration must not mean invisibility.
There is no overwhelming case for separation or for integration. The debate should revolve around establishing an office that can pursue the promotion and protection of children’s human rights effectively and ensuring that it has the necessary profile, powers and duties. The following sets out some of the advantages and disadvantages of the two approaches as a basis for discussion: An independent office set up through legislation specifically to promote the human rights of children? This is the model adopted in the following European countries: Austria, Belgium, France, Iceland, Norway, Sweden.
Advantages: Able to take a distinctive and exclusive children’s perspective; Provides a high profile individual(s) that children can relate to; Designed specifically to relate to children - in touch with children’s views and feelings; Emphasises the priority which should be accorded to children; Able to take on specific tasks relevant to the particular situation of children (for example, certain child protection functions); Guarantees a distinct budget devoted to children’s rights.
Disadvantages Lack of integration with "mainstream" human rights promotion; Possibility of marginalisation/lower status/less powers than national human rights institutions; Possible lack of adequate resources.
A "specialist" ombudsman or commissioner for children within a national human rights institution? In some countries in Europe - Hungary, Macedonia, Portugal, Spain - specialist offices for children have been established within national human rights bodies.
Advantages: Promotion of children’s rights integrated into the mainstream promotion of all human rights; Should ensure that discussion of children’s rights is not marginalised or accorded lesser status; Resources may not be adequate to support a range of separate offices, whereas a children’s commissioner within a human rights commission would be able to use the power and resources of the whole institution; Ability to work closely with other commissioners, for example on race or disability issues.
Disadvantages: Children’s concerns tend to get lost in adult agendas. An institution designed primarily to respond to adult issues may not be accessible to children. Children may not identify with and use an institution primarily designed for adults. Problems over implementation of children’s rights often arise through conflicts between children and adults. A separate office would have more freedom to advocate from the child’s perspective. Some national human rights institutions have been limited to reviewing only issues arising from an individual’s relationship with the state; respect for children’s rights also requires consideration of their relationship with those in authority over them, in the family, in schools and other institutions.
What characteristics are needed to ensure effective work for children within a national human rights institution? To ensure that the focus on children is not obscured it is important that:
A national/federal institution or regional institution - or both? There are many different models in European countries: some states have more than one federal or national children’s ombudsman (for example, in Belgium there are commissioners operating on a completely different basis in the Flemish and French communities). Other states have independent regional and/or local children’s ombudsmen, linked together for various purposes (for example in Austria there is a federal children’s ombudsman and one in each of the nine lander (regions) who together form the Conference of Ombudsmen); in Spain there is the federal ombudsman with a specialist representative for children and independent children’s ombudsmen are also established in the city of Madrid and the region of Catalonia. If the independent office is to have the function of responding to complaints or concerns from individual children, then it will need to have some local structure, making it genuinely accessible to children. A phone line can provide one form of contact, but complaints procedures and advocacy services will need to be locally-based.
Relationship of independent offices with children ____________________________________________________
Independent offices will need to establish direct contacts with children and ensure that all aspects of their work are informed by children’s views. This is a requirement of article 12 of the Convention. The legislation setting up children’s ombudspersons and commissioners’ offices in some countries requires them to establish dialogue with children, and existing offices have developed a variety of strategies (see INFORMATION SHEET 6).
Various strategies can be suggested to achieve the participation of children and consultation with children. It is clearly important to aim at participation and consultation representative as far as possible of the overall child population. For example, the Commissioner could (list to be developed in discussion):
Developing proposals for investigating and responding to complaints or concerns from children and their representatives concerning breaches of rights ____________________________________________________
Consideration of what sort of advice, advocacy and complaints procedures children need must start from children’s real situation, and should ask children for their ideas and views. . The following questions are intended to guide discussion to determine what an independent office’s role should be - see also INFORMATION SHEET 7 Where can a child who has a problem or complaint - for example about ill-treatment - go?
Has there been any evaluation of children’s use of existing advice, advocacy and complaints procedures? How can children be engaged in the process of developing advocacy and complaints procedures? How can existing government services and NGO programmes and projects be developed or adapted to provide complaints procedures and advocacy for all children?
Evaluating the success of an independent office ____________________________________________________
One way of considering why an independent office is needed is to consider how one would evaluate its effectiveness/success when established. These are some possible ways (preliminary list to start discussion): interview research (opinion polls, etc.) to determine:
indications that the Government - different departments - has been usefully influenced by the office; availability of information on the state of human rights of children in the state; review of action taken as a result of appeals to the office (and analysis of the number and content of appeals).
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Last edited by Barneombudet March 22, 2004 |
