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STATES OF JERSEY
MODERN LANGUAGES IN SCHOOLS (P.74/2024) – CHILDREN'S RIGHTS IMPACT ASSESSMENT
Presented to the States on 21st October 2024 by Deputy M. Tadier of St. Brelade
STATES GREFFE
2024 P.74 Add.
CHILDREN'S RIGHTS IMPACT ASSESSMENT (CRIA)
PART 1: SCREENING
Name and title of Duty Bearer: Deputy M. Tadier of St. Brelade 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: 09/10/2024
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? |
The decision aims to ensure that students have access to education in a variety of Modern Foreign Languages (MFL) with particular focus on those relevant to Jersey's heritage, as well as its current population, and further guarantee that students must study at least one MFL up to key stage 4. This decision relates specifically to children and their education so inherently they will experience this problem differently to adults. |
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 |
Children in primary or secondary education will be directly 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? |
• Non-discrimination (Art 2) • Best interests of the Child (Art 3) to be a top priority • Goals of education (Art 29) • Children belonging to a minority or an indigenous group (Art 30) • Leisure, play and culture (Art 31) Children living in poverty, children from particular ethnic backgrounds, migrants, and refugees may experience increased impacts. |
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 ☒ ☐
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
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 ☐ ☐ 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 ☐ ☐ Family Respect for the responsibilities, rights and duties of
Environment parents (or where applicable, extended family or ☐ ☐ and community) to guide their child as they grow up (Art 5)
ACarlteer native Rdeveesponslopmibenilitt ofies tofhe boir chith pld ar(entArts 18in )t he upbringing and ☐ ☐
| Children must not be separated from their parents against their will unless it is in their best interests (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) | ☐ | ☐ | |
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. |
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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? |
Some children don't go on to achieve at the levels that would normally be expected for their ability, including those who learn English as Another Language | This is not directly evidenced in the publicly available report | |
Extra funding for schools and colleges to support children | ||
Language learning has been highlighted by the Government of Jersey as essential to identity and inclusion, as well as | N/A | |
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| contributing the diversity of Jersey society. Non-traditional modern languages are also an important learning area to support and encourage. All students benefit from opportunities to learn languages spoken in their communities and internationally. |
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Enhancing the teaching of Jèrriais could allow children and young people to earn recognized qualifications while also gaining insights into Jersey's history and culture. Additionally, this approach could provide a vocational program that aligns with the Island's economy and its economic needs. | N/A | |||
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It is important that the communities of speakers of other languages in Jersey are supported. The curriculum in Jersey should reflect its history, culture and economy, with languages of central importance to this. | N/A | |||
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The evidence for the impact of language learning on academic achievement is somewhat clearer. Around 90% of studies looking at the effect learning a language has on achievement in other subjects of the school curriculum report a positive impact, across English language learning, literacy, maths and science. This seems to be the case for language learners from a variety of | Replicative research on Island | |||
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| countries, with different language combinations, and from varied socio- economic backgrounds. |
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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 has been 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? |
Non-discrimination (Art 2) | Increasing the opportunities of children, from a minority background or otherwise, to engage with their native culture and language, where they may not have previously been able to do so | Children living in poverty, children from particular ethnic backgrounds, migrants, and refugees |
Best interests of the Child (Art 3) to be a top priority | This decision aims at directly benefitting children by increasing their educational possibilities, and developing their interpersonal skills | Children in primary and secondary education |
Goals of education (Art 29) | Increased opportunities for language learning can help students develop associated study and personal skills, as well as lower the barrier to engagement with the cultures in which those languages are spoken | Children in primary and secondary education |
Children belonging to a minority or an indigenous group (Art 30) | This decision would support children with a mother tongue other than English to use their own language, exploring aspects of their heritage and culture | Learners who speak English as an Additional Language |
Leisure, play and culture (Art 31) | Moving certain language options to the core curriculum instead of extra-curricular activities would allow children more time to take other opportunities outside of school time. | Children in primary and secondary education |
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? | ||
Negative impacts are largely not foreseen, so long as other educational opportunities are maintained accordingly. Mandating the learning of a language up to key stage 4 could however prevent the learning of a different preferred subject. Positive impacts could potentially be enhanced through the provision of extra support for children with additional learning needs. | ||
10) Conclusions In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children? |
Access to increased opportunities for learning MFL would be expected to improve the rights of children in Jersey, in particular their rights to education and culture. |