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Affordable and right-size housing provision on the Waterfront (P.37/2024) – Children’s Rights Impact Assessment

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STATES OF JERSEY

AFFORDABLE HOUSING PROVISION AT THE WATERFRONT (P.37/2024) –

CHILDREN'S RIGHTS IMPACT ASSESSMENT

Presented to the States on 4th June 2024 by Deputy H. Miles of St. Brelade

STATES GREFFE

2024  P.37 Add.

CHILDREN'S RIGHTS IMPACT ASSESSMENT (CRIA)

PART 1: SCREENING

Name and title of Duty Bearer: Deputy Helen Miles

Type of Duty Bearer:

(Minister, Elected Member or States  Elected Member

Assembly Body)

Assessment completed by (if not  Duty Bearer and Member's Resource completed by duty bearer):  Team

Date: 29 May 2024

 

1)  Name and brief description of the proposed decision

The subject of your CRIA may be a proposed law, policy or proposition and in accordance with the Law is referred to in this template as the decision'

What is the problem or issue the decision is trying to address?

Do children experience this problem differently from adults?

Affordable Housing Provision At The Waterfront

I made a manifesto commitment that I would support measures to address the housing crisis including, "a proper supply of affordable housing, in appropriate locations" and "voluntary schemes for those who wish to downsize, to assist with the supply of family  homes."  There  is  an  ongoing  and  future  need  to  provide  suitable accommodation for citizens and this proposition is intended to contribute towards meeting that manifesto commitment.

2)  Which groups of children and young people are likely to be affected?

Groups of children could include early years, primary or secondary education; young adults; children with additional learning needs; disabled children; children living in poverty; children from particular ethnic backgrounds; migrants; refugees; care experienced children and LGBTQ+ children

All children could be affected

3)  What is the likely impact of the proposed decision on children and on their rights?

Identify any potential positive OR negative impacts and include indirect impacts on children and their rights as described in the UNCRC

Will different groups of children be affected differently by this decision?

Improving access to good quality housing for children to aid in their development as well as providing them with more space to grow means that they can have a greater amount of privacy.

Good quality homes have a direct impact on the standard of living of a child; making it easier for their parents to purchase will positively impact this right.

4)  Is a full Children's Rights Impact Assessment required?

If you have identified impacts on children and their rights, a full CRIA should be completed. If no impacts are identified then a Full CRIA is not required, but please explain your rationale and how you reached this conclusion

Yes.

Part 2: FULL CHILDREN'S RIGHTS IMPACT ASSESSMENT

5)  What will be the impacts (positive or negative) of the proposed decision on children's rights?

For each of the UNCRC articles described below, click to identify any that may be relevant ☒

Category  UNCRC Article  Impact? YES NO

Non-discrimination (Art 2)  x   Best interests of the Child (Art 3) to be a top priority  x  

Guiding

Principles  Right to Life survival and development (Art 6)  x   Respect for the child's views (Art 12)    

Right to birth registration, name and nationality (Art 7)     Right to an identity (Art 8)     Freedom of expression (Art 13)    

Freedom of thought, conscience, and religion (Art 14)

Every child has the right to think and believe what they     Civil Rights  choose

Freedom of association (Art 15)

& Freedoms  Every child has the right to meet with other children and     to join groups and organisations

Right to Privacy (Art 16) including family and home life  x   Access to information from the media (Art 17)

Right to access reliable information from a variety of     sources, in a format that children can understand

Protinhuemctaneion tagareatimnsentt to orrtur pe uniorshm otherentcr(uAelrt, d 37(egra)adi) ng or     Respect for the responsibilities, rights and duties of

parents (or where applicable, extended family or  x   community) to guide their child as they grow up (Art 5)

Family

Environment  Rdeveesponslopmibenilitt ofies  tofhe boir chith pld ar(entArts  18in )t he upbringing and     and

ACarlteer native  Cagahiilndstren themiusr wt noill unt beles ses ipart iats ied n tfheromir btesheti irnparterentests s (Art     9)

Family reunification (Art 10)    

 

 

Abduction and non-return of children abroad (Art 11)

Right to a standard of living that is good enough to meet the child's physical and social needs and support their development (Art 27)

Special protection for children unable to live with their family (Art 20)

Best interests of the child in the context of Adoption (Art 21)

Review of treatment whilst in care (Art 25)

If a child has been placed away from home for the purpose of care or protection (for example, with a foster family or in hospital), they have the right to a regular review of their treatment, the way they are cared for and their wider circumstances.

Protection from violence, abuse or neglect (Art 19)

Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life.

Basic Health and Welfare

Rights of disabled children (Art 23)

Right to health and health services (Art 24)

Right to social security (Art 26)

Right to adequate standard of living (Art 27)

x

Education, Leisure and Cultural Activities

Right to education (Art 28)

Goals of education (Art 29)

Education must develop every child's personality, talents and abilities to the full

Leisure, play and culture (Art 31)

Every child has the right to relax, play and take part in cultural and artistic activities

 

Special Protection Measures

Special protection for refugee children (Art 22)

Children and armed conflict (Art 38 and Optional Protocol #1)

Governments must do everything they can to protect and care for children affected by war and armed conflict.

Children and juvenile justice (Art 40)

Right to be treated with dignity and respect, right to legal assistance and a fair trial that takes account of age.

 

 

Inhumane treatment and detention (Art 37 (b)-(d)) Children should be arrested, detained or imprisoned only as a last resort and for the shortest time possible.

Recovery from trauma and reintegration (Art 39) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life

Child labour and right to be protected from economic exploitation (Art 32)

Drug abuse (Art 33)

Sexual exploitation (Art 34)

Abduction, sale and trafficking of children (Art 35)

Protection from other forms of exploitation including for political activities, by the media or for medical research (Art 36)

Children belonging to a minority or an indigenous group (Art 30)

Optional Protocol on the sale of children, child prostitution and child pornography

Optional protocol on the involvement of children in armed conflict

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6)  Information and research

What evidence has been used to inform your assessment?

Evidence collected (include links to relevant publications)

What did the evidence tell you?

What are the data gaps, if any?

https://www.childcomjers ey.org.je/media/1533/life ontherock080721.pdf

Housing  was  one  of  the  top  five issues that would make Jersey better for over a quarter of children, with concerns increasing as children get older.

Data  on  the number  of children  living in  substandard or  overcrowded housing;

Data  on  child health  impacted by  inadequate housing

https://www.childcomjers ey.org.je/media/1533/life ontherock080721.pdf

A lack of proper housing stock can lead to over-crowding which impact a child's right to privacy

 

Child Friendly Planning in the UK: A Review (Jenny

Governments  should  set  up  clear links  and  mechanisms  for

 

 

Wood, Dinah Bornat and Aude Bicquelet-Lock)

collaboration  between  the  policy spheres of planning, early years and childcare, play, education, housing and transport.

 

Children's  Commissioner Survey 2018

155 of children aged 7-11 said that a priority  should  be  building  more houses or making houses nicer

 

R  Children's  Rights

A robust CRIA has been prepared to reflect the elements of the Bridging Island Plan

 

Impact  Assessment

ND.pdf (gov.je)

 

7)  Engagement with children

What groups of children and young people (or those who speak on their behalf, such as social workers, teachers or youth workers) have been directly or indirectly involved in developing the decision?

Groups consulted

How they were involved

What were the findings?

Childrens Commissioner

Reports and Publications – survey and life story work

As reported in Section 6.

 

8)  Assessing Impact on children's rights

Based on the information collected and analysed above, what likely impact will the proposed decision have on the specific children's rights identified in question 5)?

Relevant UNCRC Articles (rights) identified in Q5

Describe the positive or negative impacts on these rights

Which group(s) of children are likely to be affected?

Non-discrimination

All children have the right to live in adequate housing and this should not be affected by their parent's residential status. That means that all dwellings whether qualified or unqualified should be covered by the regulations.

Children whose parents do not have residential qualifications.

Best interests of the Child

Children would be included in the planning process when it comes to building new housing developments

 

Right to Life survival and development

Appropriate housing would allow children to grow up safely and develop fully. Children's life chances (the factors that affect their current and future well- being) are affected by the standard of their housing

 

Right to Privacy

Adequate housing would lead to less overcrowding meaning more personal space for the child

 

Respect for the responsibilities, rights and duties of parents (or where applicable,

Families being able to afford the right house for their family needs would provide parents with the

 

 

extended family or community) to guide their child as they grow up

ability to guide their child in a safe and correctly sized home

 

Right to adequate standard of living

New homes that are built to a high standard provide a good standard of living for all in them, making these homes affordable would have a positive impact on the standard of living of children

 

9)  Weighing positive and negative impacts

If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposed decision to mitigate the impact?

Could any positive impacts be enhanced?  

Children living with parents with no housing qualifications living in unqualified housing may be negatively impacted in that those families would not be able to occupy accommodation built on the Waterfront under this scheme. Options to mitigate the impact of this would involve and significant policy change in regard to residential status and consequent legislative amendment.

 

10) Conclusions

In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children?

These proposals will positively impact on many children in Jersey whose standard of living is negatively impacted by the quality of the housing they are living in. Quotes from children tell us quite clearly that their lives are severely affected by poor housing and the cost of housing. Suitable housing is an entitlement for all children and not a nice to have'.

The implementation of the Proposition would impact in a positive manner on the rights of Jersey children. This is due to the greater provision of housing ensuring that many children have a higher quality of life and their development, and best interests are not hindered.

Affordable Housing on the Waterfront Development has the potential to significantly impact

the rights and well-being of many children in the community.