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STATES OF JERSEY
SUPPORT SCHEME FOR INDIVIDUALS QUALIFYING TO REPRESENT JERSEY IN OFF-ISLAND COMPETITIONS (P.82/2024) – CHILDREN'S RIGHTS IMPACT ASSESSMENT
Presented to the States on 19th November 2024 by Deputy R.S. Kovacs of St. Saviour
STATES GREFFE
2024 P.82 Add.
CHILDREN'S RIGHTS IMPACT ASSESSMENT (CRIA)
PART 1: SCREENING
Name and title of Duty Bearer: Deputy R.S. Kovacs of St. Saviour 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: 1/11/2024
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? |
The decision would allocate funding to a new scheme to support individuals participating in off island competitions, including, but not limited to sports, arts and STEM activities. The scheme will implement subsidies for attendance at off island and can be applied towards uniform, competition fees, accommodation and travel costs up to a maximum of £2,000 per individual per annum. Children will be affected differently as these events will contribute to their social and physical development, and as they do not have control over finances to attend such events. |
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 |
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 • Freedom of association (Art 15) • 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) • Leisure, play and culture (Art 31) • Goals of education (Art 29) |
Children living in poverty, disabled children, and children with additional learning needs could feel higher positive impacts as a result of this decision |
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)
Civil Rights Every child has the right to think and believe what they ☐ ☐
& Freedoms choose
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
| Protection against torture or other cruel, degrading or inhumane treatment or punishment (Art 37(a)) | ☐ | ☐ |
Family Environment and Alternative Care | 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) | ☐ | ☐ |
Responsibilities of both parents in the upbringing and development of their child (Art 18) | ☐ | ☐ | |
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. | ☐ | ☐ | |
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? |
Arts Strategy for Jersey Arts Strategy (gov.je) | "The lack of consistently excellent arts and creative education across every part of a child's education | N/A |
| ||
| presents a serious barrier to long-term personal development, social vitality and wellbeing" |
|
Arts Strategy for Jersey Arts Strategy (gov.je) | Need to level the playing field – can only be done through funding assistance. "There is a large disparity in the quality of life and opportunities for children - including access to extra-curricular activities in the arts." | N/A |
| ||
There is a significant gap in the quality of life and opportunities available to children in the UK, particularly regarding access to extracurricular activities. | Data relating to UK, not Jersey | |
| ||
Children's Commissioner for Jersey Island wide consultation island-wide-consultation- | "Play as a theme was mentioned strongly in all of the surveys. This right is really important and impacts on children and young people's health. I am committed to working with Jersey Sport and the Government to improve play and leisure provision for children and young people. This will mean championing the development and improvement of play environments, leisure time facilities and programmes to encourage children and young people to become active. Evidence from studies tells us that sport is a strong building block of resilience for children who are experiencing adversity in childhood. Regular participation in | N/A |
|
| sports during childhood was associated lower levels of mental illness" |
|
Children's Commissioner for Jersey Island wide consultation island-wide-consultation- | "Child Poverty in Jersey is a serious issue. Children growing up in Jersey have rights to have their needs met. This includes education, safe housing of a good standard to meet human dignity and needs, food that nourishes them, access to play and healthcare. Families living in poverty should receive the help they need regardless of their status. Poverty fundamentally undermines both adults' and children's rights." | N/A |
| ||
Some children don't go on to achieve at the levels that would normally be expected for their ability. The introduction of Jersey Premium has enabled schools to review their approach to teaching and learning, ensuring that all pupils are able to achieve their very best. | Data not evidenced | |
|
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 |
|
|
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) | Financial subsidies would remove barriers to access for cultural and sporting activities, particularly for children from low socioeconomic status households | Children in primary or secondary education |
Best interests of the Child (Art 3) to be a top priority | This decision would be of particular benefit to children, who are not able to fund their own opportunities | Children in primary or secondary education |
Freedom of association (Art 15) Every child has the right to meet with other children and to join groups and organisations | The decision would allow increased possibility for children to take part in group or organisational activities | Children in primary or secondary education |
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) | Physical and social development can be supported by the opportunity to take part in the funded activities. | Children in primary or secondary education |
Goals of education (Art 29) Education must develop every child's personality, talents and abilities to the full | Additional educational opportunities are available off-island and this decision would allow students to reach a higher educational potential. | Children in primary or secondary education |
Leisure, play and culture (Art 31) Every child has the right to relax, play and take part in cultural and artistic activities | The decision would allow increased possibility for children to take part in cultural and artistic activities | Children in primary or 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? | ||
No negative impacts have been identified. Positive impacts could potentially be enhanced with specific provision for children with extra needs, or children living in poverty. | ||
10) Conclusions
In summary, what are your key findings on the impact of the proposed decision on the rights of Jersey children? |
The proposed decision would likely enhance the rights of Jersey children, by improving access to cultural and sporting activities that will support their development. |