United Nations Convention on the Rights of the Child: compliance of draft Laws and training of States of Jersey employees

STATES OF JERSEY

UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD: COMPLIANCE OF DRAFT LAWS AND TRAINING OF STATES OF JERSEY EMPLOYEES

Lodged au Greffe on 7th July 2017 by Deputy L.M.C. Doublet of St. Saviour

STATES GREFFE

2017  P.63

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Chief Minister –

1. to bring forward the necessary legislative changes to ensure that a Minister who lodges a draft Law –

1. considers  whether  it  will impact  upon children's  rights  as specified in the United Nations Convention on the Rights of the Child ("UNCRC");
2. makes  and  publishes  a  statement  confirming  that  this consideration has been given and whether the draft Law does or does not have an impact on children's rights;
3. if  relevant,  makes  and  publishes  a  statement  as  to  the compatibility of that draft Law with the UNCRC;

2. to consider the desirability of giving the UNCRC a similar status to the European Convention on Human Rights in Jersey by incorporating it into legislation, and to report back to the States Assembly on the outcome of that consideration by 31st December 2017;
3. to ensure that every States of Jersey employee receives a copy of the UNCRC and, where relevant, receives training on the UNCRC and how it applies to their role.

DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR

REPORT

The Independent Jersey Care Inquiry ("IJCI") Report (R.59/2017) contains several references to the United Nations Convention on the Rights of the Child ("UNCRC"). A copy of the Convention is attached (in child-friendly language) as an Appendix to this report.  Having  worked  in  schools,  and  running  the  UNICEF  Rights  Respecting Schools' scheme which teaches children about their rights and responsibilities, I am very aware of the content of the UNCRC. As a qualified teacher and mother of a small child, I naturally keep children in mind whenever I make decisions in the States Assembly. However, it is easy to absorb the culture and ways of operating that exist around us. Since becoming a member of the States of Jersey, there has been much to distract me from the importance of the UNCRC. I was pleased that the Convention was extended to Jersey 3 years ago, but I believe we need to go further in light of the findings about how children in Jersey have been treated in the past. I have lodged this proposition almost immediately after reading the IJCI Report, as I felt compelled to take action in the light of decades of inaction.

The IJCI executive summary states the following (within 12.10) –

"(v)  Stay connected. Jersey must ensure that child care and youth justice legislation, policy and practice are not only compliant with current standards in the developed world, and with ECHR and with UNCRC principles, but also that legislation policy and practice are regularly

being informed and evolving in line with research and developments.".

The IJCI Report also states the following (within 12.119) –

"We consider that the most effective way forward will be for people in Jersey to  develop  Jersey  ways  of  taking  forward  the  principles  of  our recommendations.".

This proposition is my contribution. I want to do my part, as a member of Jersey's legislature, to ensure  that the  part of this  recommendation that I am collectively responsible for, is realised. It is achievable, and I believe it will make a difference and help in a small but significant way to change the culture of the States to one that always puts children first, as per section 12.81 of the IJCI Report –

"12.81  The interests of children, in Jersey and beyond, trump any other

consideration. Article 2 of the Children (Jersey) Law 2002 refers to the welfare of the child being the paramount consideration. This principle now needs to be applied consistently and robustly, to be embedded in the culture of all States institutions and to be promoted throughout the island. Traditional values, operating and management practices, the needs or employment status of staff, convenience and the reputation of the island should all be secondary considerations to the interests and welfare  of  children.  The  States  of  Jersey  members,  as  corporate parents, should commit to providing no less for children in the care system than they would for their own children and grandchildren through childhood and into adult life.".

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P.63/2017

We should be considering children and their rights every time we pass a Law in our Assembly. Of course there will be many Laws to which this will not apply, but the requirement to consider the UNCRC will ensure nothing is missed. This proposition will also support the work of the Children's Commissioner, which the Chief Minister is working on as one of the first steps since the publication of the IJCI Report. Section 13.8 of the Report discusses the responsibilities that could be assigned to a Jersey Children's Commissioner –

"While the legislation in each jurisdiction varies, all post holders (Children's Commissioners  in  other  jurisdictions)  have  a  similar  responsibility  for safeguarding the rights and interests of children. All have a duty to have regard to the United Nations Convention on the Rights of the Child (UNCRC), to which Jersey is now a signatory.".

I would like to see the States of Jersey – all States Members and all employees, whether frontline or departmental staff – flying the flag of the UNCRC and fully embracing it. I believe that this will be a key part of the culture change recommended by the IJCI Report and necessary if we are to realise the fundamental shifts that need to take place in order to best serve  all of the  Island's  children. Hence  the  additional points  within the proposition to provide a copy of the UNCRC, and additional training where relevant, to all States employees.

I urge Members to support these simple and achievable steps towards making our Island a place that puts children first.

Financial and manpower implications

The costs of providing a copy of the UNCRC to each States employee could vary depending on the quality of materials used. This can be mitigated by providing a digital copy in the form of an e-mail instead of a paper copy. Individual departments may choose to provide paper copies if the cost can be absorbed into existing budgets. Copies placed on noticeboards in communal locations will also help to reduce the cost and increase the impact of the proposition.

Law Drafting time will be required to give effect to the principles of the proposition.

UN Convention  APPENDIX TO P.63/2017

on the Rights of the Child

In Child Friendly Language

 Rights" are things every child should have or be able to do. All children have the same rights. These rights are list- ed  in  the  UN  Convention  on  the  Rights  of  the  Child. Almost every country has agreed to these rights. All the rights are connected to each other, and all are equally important. Sometimes, we have to think about rights in terms of what is the best for children in a situation, and what is critical to life and protection from harm. As you grow, you have more responsibility to make choices and exercise your rights.

Article 1 Article 15 Article 28 Article 40

Everyone under 18 has these rights. You have the right to choose your own friends You have the right to a good quality education. You have the right to legal help and fair treat- Article 2 and join or set up groups, as long as it isn't You should be encouraged to go to school to ment in the justice system that respects your All children have these rights, no matter who harmful to others. the highest level you can. rights.

they are, where they live, what their parents do, Article 16 Article 29 Article 41

what language they speak, what their religion is, You have the right to privacy. Your education should help you use and devel- If the laws of your country provide better pro- whether they are a boy or girl, what their culture Article 17 op your talents and abilities. It should also help tection of your rights than the articles in this is, whether they have a disability, whether they You have the right to get information that is you learn to live peacefully, protect the environ- Convention, those laws should apply.

are rich or poor. No child should be treated ment and respect other people.

important to your well-being, from radio, news- Article 42

unfairly on any basis.

paper, books, computers and other sources. Article 30 You have the right to know your rights! Article 3 Adults should make sure that the information You have the right to practice your own culture, Adults should know about these rights and All adults should do what is best for you.When you are getting is not harmful, and help you language and religion - or any you choose. help you learn about them, too.

adults make decisions, they should think about find and understand the information you need. Minority and indigenous groups need special

Articles 43 to 54

Article 18 protection of this right. These articles explain how governments and Article 4 You have the right to be raised by your par- Article 31 international organizations like UNICEF will

how their decisions will affect children.

The government has a responsibility to make sure ent(s) if possible. You have the right to play and rest. work to ensure children are protected with your rights are protected.They must help your Article 19 Article 32 their rights.

family to protect your rights and create an envi-

You have the right to be protected from being You have the right to protection from work that

ronment where you can grow and reach your

hurt and mistreated, in body or mind. harms you, and is bad for your health and edu-

potential.

Article 20 cation. If you work, you have the right to be

Article 5 You have the right to special care and help if safe and paid fairly.

Your family has the responsibility to help you

you cannot live with your parents. Article 33

learn to exercise your rights, and to ensure that

You have the right to protection from harmful your rights are protected. Article 21

You have the right to care and protection if drugs and from the drug trade.

Article 6

you are adopted or in foster care. Article 34

You have the right to be alive.

Article 22 You have the right to

Article 7 You have the right to special protection and be free from sexual

You have the right to a name, and this should be help if you are a refugee (if you have been abuse.Article 35No one is

officially recognized by the government.You haveforced to leave your home and live in another allowed to kidnap or sell

the right to a nationality (to belong to a country). country), as well as all the rights in this you.

Article 8 Convention. Article 36

Yreocuo rhda voef wthheo r iygohut atore a.nN  oid eonnteit syh o ualnd otaffkice i  athlis AYorut hi ac vl ee t  h2 e3 right to special education and from any kind of exploitation (being

You have the right to protection

away from you. care if you have a disability, as well as all the taken advantage of).

Article 9 rights in this Convention, so that you can live a Article 37

You have the right to live with your parent(s), full life. No one is allowed to punish

unless it is bad for you.You have the right to live Article 24 you in a cruel or harmful way.

with a family who cares for you.

You have the right to the best health care pos- Article 38

Article 10 sible, safe water to drink, nutritious food, a You have the right to protection

If you live in a different country than your par- clean and safe environment, and information and freedom from war. Children

ents do, you have the right to be together in the to help you stay well. under 15 cannot be forced to go into

same place. Article 25 the army or take part in war.

Article 11 If you live in care or in other situations away Article 39

You have the right to be protected from kidnap- from home, you have the right to have these You have the right to help if you've been hurt,

ping. living arrangements looked at regularly to see neglected or badly treated.

Article 12 if they are the most appropriate.

You have the right to give your opinion, and for Article 26

adults to listen and take it seriously. You have the right to help from the govern-

Article 13 ment if you are poor or in need.

You have the right to find out things and share Article 27

what you think with others, by talking, drawing, You have the right to food, clothing, a safe

writing or in any other way unless it harms or place to live and to have your basic needs met.

offends other people. You should not be disadvantaged so that you

Article 14 can't do many of the things other kids can do.

You have the right to choose your own religion

and beliefs.Your parents should help you decide

what is right and wrong, and what is best for

you.