Consultation: Draft Children's Rights Scheme 2014

Draft Children’s Rights Scheme 2014

Arrangements for having due regard to the United Nations Convention on the Rights of the Child (UNCRC) when Welsh Ministers exercise any of their functions.

This consultation sets out the scheme to ensure that Welsh Government Ministers take due regard to Children's Rights and the United Nations Charter on the Rights of the Child when they exercise any of their ministerial functions.

You can find a copy of the Consultation Documentation, including a version for Young People 

HERE

If you wish to contribute towards a third sector response you can Complete an online survey for PAVO's response here.

We will collate responses (BY 20th February) and this will feed into responses:

1)  on behalf of the 3rd Sector in Powys, from PAVO.

2) via the Powys Children & Young People's Partnership.

3) via Children in Wales

4) via Play Wales

You can also submit your own response directly to Welsh Government.

For a copy of our DRAFT response please see below:

This is PAVO’s draft response to the Consultation posted on Welsh Government’s website:

http://wales.gov.uk/consultations/childrenandyoungpeople/childrens-rights-scheme-2014/?lang=en

Please feel free to make your own comments and add to this for a full response.

CONSULTATION QUESTIONS

1. Do you think that the arrangements set out in this revised Children’s Rights Scheme are sufficient to ensure that Welsh Ministers have due regard to children’s rights according to the UNCRC, when exercising  any of their functions?

Yes

Please tell us why:

Each Minister will clearly have to consider and report on his/her considerations of Children’s Rights at each policy decision and across all departments.

No

How do you think these could be strengthened?

2. Do you think that the arrangements set out in this revised Children’s Rights Scheme will deliver the desired impact i.e. that Welsh Ministers will have due regard and that outcomes for children and young people will improve as set out in the UNCRC?

Yes

Please tell us why:

This will mean that WG is taking the lead and will be asking LAs and others to consider the rights of children. 

The training and support is essential.  Departments which do not normally come into contact with children & young people need to understand how their services can have an impact eg: planning, regeneration, environment, transport.  These are areas of work which would have come into little contact with children and do not see how or why they should be considering children.

BUT

What happens when there is a conflict of interest between the rights of children and the rights of others (or perceived concerns of others) who have much more power?  Eg: economic considerations outweighing  the preservation of children’s rights, views of anti-social behaviour – when its actually children playing.  Some areas are very subjective and will need negotiation with children and adults in communities.

Will there be additional funding if, when taking into consideration Children’s Rights, projects/policies etc will actually cost more?

No

If no, how do you think these could be strengthened?

3. Do you think that the monitoring arrangements, including the roles and working relationships of all those involved, will ensure that Welsh Ministers have due regard to children’s rights according to the UNCRC when exercising any of their functions?

Yes

Please tell us why:

Feedback,   in terms of reporting back, is essential for organisations & people to learn about how the impact of their affects children. 

Other professionals will also have to embed consideration of children’s rights.  This will have to include delivery at degree level to ensure those occupations not necessarily working closely with families and children are aware of the implications of their work, eg: town & country planning, highways, environment etc.  Those working with elderly people do not fully understand how their services could impact on children, eg: dementia is a very good example of how services are looking to cope but overlooking the impact of dementia actually affects families, including children.

No

If no, how do you think these could be strengthened?

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4. Do you think that the Children’s Rights Impact Assessment is fit for purpose and provides the opportunity for analysis that will lead to positive outcomes for children and young people?

Yes

Probably

Please tell us why:

Not sure without trying it out.  Could this be a piece of paper that becomes buried in amongst all the papers?  Staff and resource will need to monitor its implementation and effectiveness.

No

If no, how do you think this could be strengthened?

5. Do you think that the arrangements for providing training, information and advice are sufficient to ensure understanding of the UNCRC, and the process needed to be followed to comply with the duty to have due regard?

Yes

Please tell us why:

No

If no, how do you think these could be strengthened?

It’s fine for those people involved in working with children and young people.  It’s also adequate for those working with communities who recognise they work with the whole community, which includes children. 

More intense training and making the links between their work and the impact on children will be needed for those with tenuous links to children eg; transport planning, highways, planning, economic regeneration.

6. Do you think that the reporting arrangements set out in the revised Children’s Rights Scheme are sufficient to ensure transparency on compliance with the duty to have due regard?

Yes

Please tell us why:

Open and transparent reporting will be needed.  Children’s Commissioner should also receive a copy of the compliance report.

No

If no, how do you think these could be strengthened?

7. Do you agree with including an update on how Ministers are complying with the duty to promote knowledge and understanding of the UNCRC, as set out in Section 5 of the Measure, in the next compliance report?

Yes

Please tell us why:

This will also act as a learning tool for others in complying with children’s rights.

No

If no, for what reason?

8. We have asked a number of specific questions. If you would like to comment on any related issues that we have not specifically addressed, please use the space below.

Could you please clearly publish a response to this consultation on the website page “Consultations” within a reasonable time period (say 1 month)?    You say on your website that summarised responses will be published but they are never clearly linked with the consultation papers and are conveniently buried amongst the papers under the relevant department.  This doesn’t allow us to see what else has been said from around the Country and what has been taken on board or rejected.