States Strategic Plan 2009 – 2014 (P.52/2009): seventh amendment

STATES OF JERSEY

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STATES STRATEGIC PLAN 2009 – 2014 (P.52/2009): SEVENTH AMENDMENT

Lodged au Greffe on 19th May 2009 by Deputy P.V.F. Le Claire of St. Helier

STATES GREFFE

2009   Price code: C  P.52 Amd.(7)

STATES STRATEGIC PLAN 2009 – 2014 (P.52/2009): SEVENTH AMENDMENT 1  PAGE 2 –

After the words "attached as Appendix 1" insert the words –

", except that in Priority 9 on pages 22–23 in the section entitled "What we will do", after the first bullet point, insert the following new bullet point –

Ratify the United Nations Convention on the Rights of the

Child".

2  PAGE 2 –

After the words "attached as Appendix 1" insert the words –

", except that in Priority 9 on pages 22–23 in the section entitled "What we will do", after the first bullet point, insert the following new bullet point –

Introduce a Children's Commissioner for Jersey, who will

amongst other duties be funded and act independently to promote issues pertaining to child welfare in the local media and raise public awareness to reduce and address potential future harm to them.".

DEPUTY P.V.F. LE CLAIRE OF ST. HELIER

REPORT

Amendment 1

The Convention is the principal children's treaty encompassing a full range of civil, political, economic, social and cultural rights. The Convention aims at protecting children  from  discrimination,  neglect  and  abuse.  It  grants  and  provides  for  the implementation  of  rights  for  children,  both  in  times  of  peace  and  during  armed conflict. The Convention constitutes a rallying point and a useful tool for civil society and individuals, working for the protection and promotion of the rights of the child. In many respects, it is an innovative instrument.

Key Provisions

It is the first legally binding international instrument, which provides in a single text universally recognized norms and standards concerning the protection and promotion of the rights of the child.

It is the most rapidly and widely ratified international human rights instrument in the world.  Such  unprecedented  wide  participation  clearly  demonstrates  a  common political will to improve the situation of children.

The Convention emphasizes the spirit of complementarity and interdependence of human  rights  by  combining  civil  and  political  rights  with  economic,  social  and cultural rights. It calls for a holistic approach in analysis and recognizes that the enjoyment of one right cannot be separated from the enjoyment of others.

It establishes a new vision of the child, combining provisions aimed at protecting the child through positive action by the State, the parents and relevant institutions, with the recognition of the child as a holder of participatory rights and freedoms.

In so doing, it establishes rights in new areas which were not covered by previous international instruments, such as the right of the child to freely express views and have them given due weight, and the right of the child to a name and nationality from birth. In addition, the Convention established standards in new areas including the issue  of  alternative  care,  the  rights  of  disabled  and  refugee  children;  and  the administration of juvenile justice. The need for recovery and social reintegration of a child victim of neglect, exploitation or abuse is also set forth.

The Convention acknowledges the primary role of the family and parents in the care and protection of the child, while stressing the obligation of the State to help families in carrying out this task. It calls for positive action by institutions and the State or parents.

It constitutes a useful tool for advocacy and greater awareness of the new perspective of children's rights, and attaches special importance to international co-operation and assistance as ways of achieving the effective protection of children's rights.

Four general principles are enshrined in the Convention. They express the philosophy it conveys and provide guidance for national programmes of implementation.

Key provisions focus on –

• Non-discrimination;

• Best interests of the child;

• Right to life, survival and development;

• Views of the child.

Article 43 of the Convention establishes the Committee on the Rights of the Child, a monitoring body of 10 experts, for the purpose of examining the progress made by States parties in implementing the Convention. The full text of the Convention is reproduced in the Appendix.

Amendment 2

In the Williamson Report one of the key recommendations was to establish a Minister for Children. Within the Williamson Implementation Plan it is clear that there are a number  of  different  Ministries  that  have  some  responsibility  for  children.  It  has therefore been recommended by the Minister for Health and Social Services that the responsibilities  for  childcare  and  children's  services  are  delegated  to  one  of  the Assistant Ministers. This recommendation has been adopted but not yet endorsed by the States. It is my belief that, whilst the rationale for the Assistant Minister having certain responsibilities regarding children's welfare has practically been established, there remains under these arrangements no independent champion in regard to issues relating to children. Furthermore the Minister's case having been endorsed by the Council  of  Ministers  identifies  other  Ministries  with  significant  childcare responsibilities; for example, Transport and Technical Services and the most obvious, Education,  Sport  and  Culture.  If  there  is  to  be  more  than  one  Minister  with responsibilities for children, the only possible way that they can be held accountable in a holistic way, in my view, is for there to be an independent Children's Commissioner who will have the ability to oversee these Ministries in a constructive way.

Financial and manpower implications

The Council of Ministers have said of their financial and manpower implications for the States Strategic Plan the following –

"Any additional financial and manpower implications will be brought forward in specific policy proposals and the Annual Business Plan."

If the States agree to these 2 amendments, then I would ask that the same processes as necessary  are  undertaken  and  any  additional  expenditure  required  and  manpower implications identified in the same ways, if possible.

APPENDIX