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STATES OF JERSEY
PROPOSED BUDGET (GOVERNMENT PLAN) 2025-2028 (P.51/2024): EIGHTEENTH AMENDMENT (P.51/2024 AMD.(18)) – CHILDREN'S RIGHTS IMPACT ASSESSMENT
Presented to the States on 11th November 2024 by Deputy I. Gardiner of St. Helier North
STATES GREFFE
2024 P.51 Amd.(18) Add.
CHILDREN'S RIGHTS IMPACT ASSESSMENT (CRIA)
PART 1: SCREENING
Name and title of Duty Bearer: Deputy Gardiner Type of Duty Bearer:
(Minister, Elected Member or States Elected Member Assembly Body)
Assessment completed by (if not
Members' Resources completed by duty bearer):
Date: 11/11/2024
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? |
Provide funding to complete and publish a formal Play Strategy for Jersey. This will allow children more space and opportunities to play than they currently have, so they do experience this issue differently |
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 and young people |
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? |
Improve the space and opportunities available for play whilst also improving access to established facilities and activities |
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 |
If screening determines that a full CRIA is needed, complete Part 2
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) ☐ ☐ Best interests of the Child (Art 3) to be a top priority X ☐
Guiding
Principles Right to Life survival and development (Art 6) ☐ ☐ 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
& Freedoms Freedom of association (Art 15)
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 ☐ ☐ 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 ☐ ☐ 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 | X | ☐ | |
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 | ☐ | ☐ |
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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? |
50% of 3-7 year and 51% of 7–11-year-olds said that a priority should be more places to play | Children's Commissioner's Survey 2018 | Rationalisation of data – that is how high a priority the children considered this |
81% of all children surveyed did not meet the recommended daily level of physical exercise | School Survey 2019 |
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22% of children responding said they weren't more physically active due to cost | School Survey 2019 |
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Big Picture Outcome 1 of the Plan focusses on ensuring all children in Jersey are happy and healthy. In particular the | Children, Young People, and Families' Plan 2024- 2027 |
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Plan recognises that children must have "spaces and opportunities to play". |
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– making facilities cheaper to access and introducing a free pass for young people to access facilities
– play park in every Parish, more sports facilities, keep school playgrounds open later
– ensure parks are kept safe | Jersey Youth Parliament Right to Play Report |
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Audit undertaken in the Bridging Island Plan identified a lack of open space that was suitable for play |
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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? |
No direct engagement was undertaken |
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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? |
Article 31 – Leisure Play and Culture | A Play Strategy would improve children and young people's access to play as well as increasing the accessibility, options, and opportunities available. This will have the knock-on effect of improving the activity levels of children. | All 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? | ||
No negative impacts are identified | ||
10) Conclusions In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children? |
The introduction of a Play Strategy would greatly increase children's access to play and opportunities for social interactions as it would work towards remedying key issues identified by the Bridging Island Plan and by the Jersey Youth Parliament. |