Contents (click on title to access full document)

Children and Young People's Sector Bill of Rights Group

Briefing Guide on the Bill of Rights for the Children and Young People's Sector

Supporters of Children

Sheri Chamberlain's speech Bill of Rights Event 20 Aug 2003

Briefing Note for Politicians 6 March 2003

Michael Leatham's speech Bill of Rights Event 20 Aug 2003

Roisin Bradley's speech Bill of Rights Event 20 Aug 2003

Article for Childright

Article on Bill of Rights 17 Feb

Membership of Bill of Rights Group

Article for Children in NI

Bill of Rights booklet for Children & Young People

Bill of Rights Audit- An Evaluation of the Extent to which the Northern Ireland Proposals for a Bill of Rights comply with International Children's Rights Standards, Dr Ursula Kilkelly

How the Bill of Rights can best protect and promote the rights of Children and Young People in Northern Ireland.

Indicators Presentation

Particular Circumstances of Children in Northern Ireland-Goretti Horgan

Belfast Traveller Education

& Development Group

PROTECTING
CHILDREN AND YOUNG PEOPLE’S RIGHTS
IN THE BILL OF RIGHTS
FOR NORTHERN IRELAND

A BRIEFING PAPER FOR
THE CHILDREN AND YOUNG PEOPLE’S SECTOR
This paper was prepared by the Children and Young People’s Sector Bill of Rights Group. For further information contact Sara Boyce, Children’s Law Centre/Save the Children Tel 90 245704 or saraboyce@childrenslawcentre.org

AUGUST 2003

BACKGROUND

This briefing paper has been prepared on behalf of the Children’s Sector Bill of Rights Group. This group was formed in autumn 2002 to promote the inclusion of the maximum children’s rights protections in the Bill of Rights for Northern Ireland. At present there are over 20 children’s and young people’s organisations, as well as other NGOs, involved in the group. Almost 180 groups and organisations have signed a statement of support for the inclusion of maximum children’s rights protections in the Bill of Rights.

The paper has been written for the children’s and young people’s sector as well as for other NGOs. It may also be of interest to politicians interested in the issue of children and young people’s rights in the Bill of Rights. It has a number of purposes:

• To provide information on the Bill of Rights process
• To raise awareness of the key issues being debated around the Bill of Rights for Northern Ireland
  
• To help the sectors understand the implications of these key issues for children’s rights protections in the Bill of Rights
  
• To help the sectors to develop and present a children’s rights perspective on these key issues in their discussions with the Northern Ireland Human Rights Commission (NIHRC), political parties and other relevant players.
  
  

WHAT IS A BILL OF RIGHTS?

A Bill of Rights is simply a written list of all of the rights that everybody in the state is entitled to enjoy. The purpose of a Bill of Rights is to establish and guarantee the relationship between the state and its citizens. It sets out the limits of power the state has in relation to the lives of its citizens. It can also set out in positive terms how the state will promote and protect the rights of its citizens in its interactions with them.


WHERE HAS THE NEED FOR THE BILL OF RIGHTS FOR NORTHERN IRELAND COME FROM?

Many political parties, organisations, groups and individuals in Northern Ireland have been advocating for a Bill of Rights for a long time. In fact, over the past few decades, all the major political parties have voiced their support for a Bill of Rights. Human rights organisations like the Committee on the Administration of Justice (CAJ) have also been arguing for the need for a Bill of Rights for Northern Ireland.

In 1998 the Belfast (Good Friday) Agreement placed human rights and equality issues at the heart of its blueprint for a transition away from conflict. A commitment to the introduction of the Bill of Rights for Northern Ireland was made in the Agreement. In paragraph 4 the Northern Ireland Human Rights Commission was invited to:

“consult and to advise on the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience. These additional rights to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem, and-taken together with the ECHR – to constitute a Bill of Rights for Northern Ireland”


WHERE ARE WE AT WITH THE BILL OF RIGHTS?

March 2000 Phase 1: NIHRC began its consultation process. Working Groups established including one on children and young people’s rights. These working groups delivered their advice to the Commission in January 2001. Over 200 formal submissions were received.

September 2001 Phase 2: NIHRC produced a consultation document ‘Making a Bill of Rights Northern Ireland’

350 plus formal submissions were received. Over 1,350 children and young people gave their views to the Human Rights Commission as part of the consultation.

December 2002 Phase 3 of Bill of Rights project was launched. The Commission has stated that this phase will include engagement with all sectors of society focusing on at least six key issues. These are issues around which the Commission believes that greater consensus needs to be developed and are as follows:

• The particular circumstances of Northern Ireland
  
• Identity and community
  
• Equality
  
• The rights of vulnerable groups
  
• Socio-economic rights
  
• Enforcement

All of these issues have relevance for the kind of children’s rights protections that
will be finally secured in a Bill of Rights; indeed some are critical. It is vital that all
those working with or for children and young people are familiar with the
arguments around these issues and can articulate the perspectives that will lead to
the maximum children’s rights protections.

The Commission has stated that it is also encouraging the establishment of a
comprehensive roundtable process among the political parties on the Bill of Rights.

The Joint Declaration issued by the British and Irish governments in April 2003 included
a commitment by the British government to work with the political parties to facilitate the
establishment of a round table forum which would involve the parties and civic society.
More recently, at the British-Irish Intergovernmental Conference in July 2003, this
commitment to a Forum on the Bill of Rights was reiterated with an attached time frame
of the end of September 2003 for appointing an independent chair followed by the first
meeting of the forum.

WHAT ARE THE NEXT STEPS?

• Commission to issue a summary paper of submissions received and an interim paper
• The establishment of a round table forum
• The Round Table Forum delivers its advice to the Commission
• Commission delivers its advice to the Secretary of State.
• British government decides whether to proceed with the Westminster legislation to give legal effect to the Bill of Rights. Depending on this the following may then happen:
• Secretary of State may decide to launch a consultative phase
• Draft legislation on the Bill of Rights is laid before Westminster.
• Draft legislation passes through House of Commons and the Lords. (Note that the devolved government in Northern Ireland does not have the power to adopt the Bill of Rights. However cross party support in Northern Ireland for the final advice provided by the Human Rights Commission will be critical to its successful adoption by Westminster)
• The legislation comes into force and Northern Ireland has its own Bill of Rights.


WHAT IS LIFE LIKE FOR CHILDREN LIVING IN NORTHERN IRELAND?

When considering how the Bill of Rights could impact on the lives of children and young people living in Northern Ireland it is worth looking briefly at the reality of children’s lives in Northern Ireland. The lack of respect for, or the outright denial of
children’s rights in Northern Ireland, can be readily observed by just a cursory look at
some of the key statistics and features of their lives.

There are almost half a million, 450,714 children living in Northern Ireland. This
represents 26.6% of the population, a higher percentage than anywhere else in the
UK.

Northern Ireland has a very high proportion of children living in poverty. While
the statistic of one in three children living in poverty in the UK is well known, the
Office of the First and Deputy First Minister’s own research indicates that every
second child in Northern Ireland is living in poverty, or at risk of poverty.

There is also a significant correlation between levels of poverty and the number of
conflict related deaths, with areas of high deprivation also suffering the greatest
impact of the conflict.

The education system remains a largely segregated one, with a mere 5% of all school children attending integrated
education. The 11 plus examination perpetuates an education system whereby 33% of children go to grammar school, receiving a very high standard academic education. The remainder of our children attend non grammar schools and are effectively denied equal access to education.

Residential accommodation also continues to be heavily segregated with evidence of an increase in residential segregation along religious/community lines since the
signing of the Belfast (Good Friday) Agreement.

The particular circumstances of Northern Ireland have meant that very many children’s
experience of growing up has been marred by violence and inequality and exclusion.
Throughout the decades of conflict children in Northern Ireland have suffered
immeasurably. 557 children and young people under 20 years of age have been killed in
the conflict. 7 children of 18 years and under have been killed by plastic bullets. Many
others have grown up knowing only a divided and violent society. 32% of young people
aged 14-18 years have witnessed someone being killed or seriously injured. There are
also specific groups of children in Northern Ireland who are particularly vulnerable.
These include:

• The 2422 children looked after by their local HSS Trust in 1999/00
• The 1414 children who are on the child protection register
• The 734 children who have a disability and were referred to social services in 1999/00
• The 4,450 pupils who were suspended and the 84 pupils excluded from school during the period 2000/2001
• Infant mortality rates for Traveller children are three times higher than the general population

It is recognised that in general legislative and policy developments lag behind the
rest of the UK; this results in the less equal treatment of children living in Northern
Ireland than that of their counterparts in the rest of the UK. This deficit was being
addressed by the NI Assembly but during suspension has regressed.

This is a very brief outline of some of the key issues affecting children and young
people living in Northern Ireland. Children’s organisations or others working with
young people would certainly be able to identify a host of other issues
facing the particular groups of children they work with. These include Travellers, young
people in conflict with the law, refugee and asylum seeker children, school age mothers,
young carers and young gay, lesbian and bisexual people.

ARE THERE NOT ENOUGH CHILDREN’S RIGHTS PROTECTIONS ALREADY?

There is currently no comprehensive code of children’s rights in Northern Ireland. The principles and provisions of the UN Convention on the Rights of the Child should be included in the Bill of Rights as well as additional protections added in for children living in Northern Ireland

A lot of progress has been made since devolution in improving the situation for children living in Northern Ireland. However, despite the creation of an Office for the Commissioner for Children and Young People and the ongoing development of an over-arching children’s strategy there is currently no comprehensive code of children’s rights in Northern Ireland.

The principles and provisions of the UN Convention on the Rights of the Child cannot be relied upon in court as the Convention has not been incorporated into domestic law. The European Convention on Human Rights (ECHR) has been incorporated into domestic law through the Human Rights Act 1998. While this is a useful tool it only provides minimal recognition of the rights of children. In addition the ECHR deals primarily with civil and political rights rather than socio-economic rights, the latter being vital in children’s lives. It doesn’t contain either a dedicated children’s rights provision or any of the children’s rights principles that form the backbone of the United Nations Convention on the Rights of the Child.

The Children Order 1995, was intended to be ‘the most comprehensive piece of
legislation ever enacted in Northern Ireland in relation to children’ However in reality it
deals mainly with health and social care issues affecting children. It provides a uniform
code of law governing the social services to be provided to children in need. As such it
was never going to be applicable to all children in the first instance. It would appear that
some of the general principles of the legislation, such as best interests of the child have
not been given sufficient emphasis. In addition its implementation has not been
consistent across government departments; for example, there has been no universal
impact within the education sector in relation to the provisions of the Order. Finally, it is
widely recognised that there has been insufficient additional resources allocated for the
implementation of the Order. As a result its impact on the lives of children in need has
been limited.

A central element of the proposed children’s section in the Bill of Rights is the
incorporation into domestic law of the UN Convention on the Rights of the Child. It is
crucial that the principles and rights enshrined in the UN Convention are included in the
Bill of Rights. However children’s rights protections in a Bill of Rights will clearly need
to go beyond the UN Convention to provide effective protection as it is readily
acknowledged that the Convention represents the minimum children’s rights
standards that states globally could agree upon.

WILL THE NEW COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE
GIVE CHILDREN AND YOUNG PEOPLE MORE RIGHTS?

The Commissioner can make sure that children and young people’s rights are
upheld and promoted but he can’t introduce any additional rights for children and
young people

The Office of the Commissioner for Children and Young People will act as an independent watchdog or champion for children and young people. The main aim of the Commissioner’s office will be to safeguard and promote the rights and best interests of children and young persons. Two of the key duties of the Commissioner will be to promote an understanding and awareness of the rights and best interests of children (and respect for the rights of others) and to review the adequacy and effectiveness of law and practice relating to the rights of children. The rights referred to are all of the rights recognised by the law of Northern Ireland.

It is readily apparent that the Commissioner will have to work within the existing legal framework of rights provisions for children and young people. However, as stated earlier, the problem is that there is currently no comprehensive code of children's rights in Northern Ireland. The Bill of Rights represents a unique opportunity therefore to establish a comprehensive legal framework in relation to children’s rights, through the incorporation of the UN Convention on the Rights of the Child as well as the introduction of additional rights necessary to provide protection for children and young people living in Northern Ireland. As well as providing children and young people with the rights protections they need it would also ensure that the Commissioner has a legal benchmark by which to gauge the protection of children and young people’s rights.


THE INTERNATIONAL CONTEXT

Both within the international human rights arena and within countries, human
rights documents have reflected the need for specific provision for children’s rights.

It is an established approach for international human rights documents to have a least one substantial section or provision dedicated to the protection of children’s rights. Examples include the UN Covenant on Civil and Political Rights (Art 24), the EU Social Charter (Arts 7 and 17) and the EU Charter of Rights (Art 24).

This approach is also evident in more recently drafted Bills of Rights. The South African Constitution lists children’s rights in a separate section; these include the definition of a child and the recognition of the child’s best interests as of paramount importance in matters concerning them.

WHAT IS MEANT BY ‘THE PARTICULAR CIRCUMSTANCES’ OF NORTHERN IRELAND AND WHY IS IT SO IMPORTANT?

According to the Belfast (Good Friday) Agreement the Bill of Rights has to reflect the particular circumstances of Northern Ireland. There are different interpretations of what this phrase means. The interpretation decided upon will have significant consequences for whether and which children’s rights will be contained in a Bill of Rights.

One interpretation is that the particular circumstances of Northern Ireland means that the Bill of Rights should only address those issues that can be identified as directly relating to or resulting from the conflict. Such issues would include language, equality, parity of esteem between the majority and minority communities, criminal justice and emblems.

While this interpretation would certainly touch on some issues relevant to children, it wouldn’t guarantee protection for children’s rights more holistically. While children from the two main communities would enjoy the right to mutual respect and parity of esteem for their identity and ethos, they would not, as children, be provided with any specific rights. In addition, such an approach would not allow the particular needs and rights of those children who do not come from either of the two main communities to be addressed.

A more inclusive view of what constitutes the particular circumstances of Northern Ireland would have more positive implications for children’s rights in the Bill of Rights. A full reading of the Belfast ( Good Friday) Agreement clearly points to a recognition of the need to address human rights concerns of all communities, not just the two main communities (see para 1 and 3) and all human rights, not just those that have been conflict related. It specifically recognises that young people from areas affected by the conflict face particular difficulties (para 12)

Bills of Rights are developed in many different contexts, some as part of the normal constitutional underpinning in democratic societies, others in situations where a society is emerging from a period of conflict. In South Africa those drafting the Bill of Rights saw the need for an extensive set of rights provisions to provide reassurance that change had occurred and that the future would be one of equal treatment for all. They saw their constitution, containing their Bill of Rights as “a constitution of transformation, not a constitution of the status quo”. The Bill of Rights for Northern Ireland must be able to convey a similarly powerful message. It should represent a fresh start and should embody the collective vision for the future.

The needs and concerns of children from all communities must be central to creating this vision. This point was stressed by Olara Otunnu, the UN Special Rapporteur on Children in Armed Conflict “children’s concerns must remain priority concerns through the building of peace and the voices of young people should be heard throughout the peace processes”. He specifically stated that “children’s rights should be incorporated into the new Northern Ireland Bill of Rights”

WHY DO CHILDREN FROM NORTHERN IRELAND NEED RIGHTS DIFFERENT TO CHILDREN IN THE REST OF THE UK?

This question has been asked by those who would challenge a more inclusive interpretation of the particular circumstances phrase. The answer is clear. Northern Ireland, unlike the rest of the UK, is a society emerging from conflict – this conflict has affected everyone, including, and most especially, children.

Des Browne, NIO Minister is on record as asking why children from Newcastle Co. Down should have any rights different to children from Newcastle, England.
As illustrated earlier when one considers the reality of children’s lives in Northern Ireland, it is indisputable that they warrant special protection. Nobody can deny that children’s experience here has been and continues to be different to children living in others parts of the UK. The higher levels of poverty than elsewhere in the UK and the close correlation between poverty levels and conflict related deaths, the religiously segregated and deeply socially divisive education system, the segregation of play/leisure spaces along religious and political lines, the legislative and policy gaps vis-à-vis the rest of the UK: all of these are specific or particular circumstances for children and young people growing up in Northern Ireland. While children everywhere are entitled to have their rights secured, children living in a society emerging from conflict need extra protection and special priority to be accorded to their rights. All children living here have been affected either directly or indirectly by the conflict and as a result require special protection.

WHY SHOULD SOCIO-ECONOMIC RIGHTS BE INCLUDED IN A BILL OF RIGHTS?

Without the inclusion of basic socio-economic rights the relevance of a Bill of Rights to children’s lives will be very limited indeed.

Socio-economic rights include such rights as the right to accommodation, health care, social care, a healthy environment, a right to work and a right to social security. These rights are fundamental to the dignity and humanity of all individuals. They are also the rights that offer the most potential to transform the reality of children’s lives as outlined earlier. Without the inclusion of basic socio-economic rights the relevance of the Bill of Rights to children’s lives will be very limited indeed. It would also seriously undermine the benefits of any civil and political rights to children. One of the key principles enshrined in the UN Convention on the Rights of the Child is the child’s right to participate (Article 12). Yet how can a child living in poverty, a child being bullied, a child being excluded from school, a disabled child denied support services, genuinely participate in society?

It is worth noting that the government has already made a commitment to the provision of socio-economic rights through its ratification of the UN Covenant on Economic, Social and Cultural Rights and the UN Convention on the Rights of the Child, amongst other treaties. The Bill of Rights would simply make this commitment more realisable, allowing children to actively secure the rights therein where they are being denied.

A number of arguments have been put forward by those who oppose the inclusion of socio-economic rights in a Bill of Rights. One is that socio-economic rights cost money. All rights, whether civil and political, have financial implications through their provision. Nobody would seriously suggest dismantling many of the democratic institutions, such as the electoral system, the elected legislature, the courts system, on the basis that they cost money. Such a backwards step would have seriously negative implications for society as a whole, both socially and financially.

Similarly, the issue in relation to socio-economic rights is the cost attached to not providing children with the right to have a decent place to live, freedom from poverty, a good standard of health care etc. There are very real cost implications for not providing children with basic socio-economic rights and these implications carry through for generations to come.

It is also argued that decisions on spending fall within the authority of politicians, not judges who are unelected and unrepresentative. This is an incorrect understanding of the role of the courts in relation to decisions on socio-economic rights. Judges will not have the power to make decisions on public policy or how government should spend its limited resources. Rather than making decisions about the allocation of resources, “the role of judges would be to ensure that the government approaches its decision making in the proper manner within the terms of the relevant provisions in the Bill of Rights”

WHAT KIND OF EQUALITY PROVISIONS ARE NEEDED IN A BILL OF RIGHTS?

Equality provisions in the Bill of Rights should build upon existing anti discrimination legislation and the Section 75 duty of the Northern Ireland Act 1998 as a means of eliminating discrimination and ensuring equality of opportunity for all.

The right to equality was identified by children and young people as the most desirable right for inclusion in the Bill of Rights and is clearly a very important element of the Bill of Rights.

The Agreement specifically requires the Northern Ireland Human Rights Commission to consider a clear formulation of the rights not to be discriminated against and to equality of opportunity in both the public and private sectors. Such a formulation would be consistent with best international practice which highlights an approach to equality rights which uses both equality and non-discrimination provisions.

Section 75 of the Northern Ireland Act 1998 already places a duty on statutory authorities to carry out their functions having due regard to the need to promote equality of opportunity between persons on the following grounds age, religious belief, political opinion, racial group, marital status, sexual orientation, gender, disability and people with dependents. . The provisions in the Bill of Rights should be consistent with and attempt to build on this statutory duty as a means of eliminating discrimination and ensuring equality of treatment for all. It is worth noting that such an approach would also be consistent with developments in equality legislation at the European level and discussions around a Single Equality Bill for Northern Ireland.

The approach adopted to the equality and non-discrimination provisions is related to the interpretation of the ‘particular circumstances’ of Northern Ireland. A narrow interpretation of the particular circumstances could result in the equality and non-discrimination provisions protecting only the two main communities and addressing discrimination only on such limited grounds of nationality, religion and political beliefs. This approach while obviously benefiting children discriminated against on any of the aforementioned grounds would not offer protection from discrimination to children on the basis of age, gender, disability or sexual orientation.

The more inclusive view of what constitutes the particular circumstances of Northern Ireland, as outlined earlier (see page 8-9) would lend support to the inclusion of non-discrimination and equality clauses in a broader form. As it stands no comprehensive enforceable equality provision exists. Effective respect for the rights of all children requires that discrimination on a whole range of grounds, including but not confined to age, disability, sexual orientation and ethnicity should be outlawed by the Bill and rendered challengable.

WHERE SHOULD CHILDREN’S RIGHTS BE PLACED IN THE BILL OF RIGHTS?

There is a need for a dedicated provision on children’s rights – however it should be clear that all other rights in the Bill also apply equally to children.


A number of options exist on where children’s rights should be placed in a Bill of Rights:

a) In a separate chapter or section of their own, which sets out all the rights to be enjoyed exclusively by children (the international equivalent of this is the UN Convention on the Rights of the Child, which contains only rights relevant to children)

b) Mainstreamed throughout the text as appropriate e.g. into the main provisions dealing with health, education, criminal justice, social and economic rights etc

c) A combination of a) and b) above i.e. a separate chapter dealing with rights exclusive to children such as participation and protection rights, plus the explicit inclusion of children's rights in the general provisions as appropriate e.g. mainstreaming of children's rights into provisions on health, education, criminal justice etc.

Option A, the separate chapter, offers the most potential to maximise protection of children’s rights. It would highlight children as a particularly vulnerable group of rights holders, worthy of special protection. It would also make the Bill accessible to children, something seem as essential by young people themselves.

One risk attached to having solely a separate chapter on children’s rights with no mainstreaming is that it could isolate children's rights and undermine the applicability of all other rights in the Bill to children also. However this could be overcome by the inclusion of a clause stating that children are equally entitled to enjoy the rights granted to everyone else in other provisions.

HOW WOULD CHILDREN BE ABLE TO SECURE THEIR RIGHTS?

The issue of enforcement is crucial to the success of the Bill of Rights. Without strong and effective enforcement mechanisms the provisions in the Bill of Rights could simply be seen as window dressing.

While it is hoped that the Bill of Rights would act as a powerful force in fostering a culture of human rights and respect, thereby reducing the potential breaches of children’s rights, in situations where children’s rights have been denied it is important that the kind of legal mechanisms provided for enforcement are the most accessible and effective ones for children. They need to be able to bridge the gap between the Bill of Rights existing as a legal text and one which can effectively address breaches of children’s rights. Individual children who have had their rights denied must be able to take cases under the Bill of Rights.

While the models being considered are obviously not specific to the enforcement of children’s rights they will have the same implications for children trying to secure their rights as for other groups. A detailed exploration of the models being proposed is beyond the scope of this paper, given the technical issues involved; however one thing is clear- whatever enforcement mechanisms are decided upon need to be both accessible and effective for children.

WHAT REAL DIFFERENCE WOULD THE BILL OF RIGHTS MAKE TO CHILDREN AND YOUNG PEOPLE’S LIVES?

The answer to this question depends totally on what kind of a Bill of Rights is enacted. If we get a Bill of Rights that includes comprehensive children’s rights provisions building on international human rights standards, one with strong and effective enforcement mechanisms, and one that children and young people and their advocates know about and can access, then the Bill of Rights has the potential to bring about real concrete improvements in the lives of all children and young people living in Northern Ireland. This then is the challenge for all those groups and organisations concerned with the protection and promotion of children and young people’s rights in Northern Ireland.

HOW MUCH SUPPORT IS THERE FOR CHILDREN’S RIGHTS IN THE BILL OF RIGHTS?

Support for the inclusion of maximum children's rights protections in a Bill of Rights cuts across all communities and agendas.

In an RES survey carried out for the Northern Ireland Human Rights Commission in 2001 78% of Catholics and 67% of Protestants supported the inclusion of specific rights for children in a Bill of Rights.

Almost 180 organisations, representing thousands of members and children and young people, have endorsed a statement of support for the maximum children’s rights protections in a Bill of Rights. The statement reflects many of the provisions argued for in this briefing paper. Perhaps the most significant aspect of this collective endorsement is the diversity of organisations represented. While some of the organisations work directly with children and young people many more do not but are convinced of the need for children’s rights protections in the Bill of Rights.

CONCLUSION

Children and young people constitute over a quarter of the population in Northern Ireland. As the most vulnerable members of society they have been particularly adversely affected by the conflict and by the general neglect of their needs and interests until recent years. Securing a better future for all children and young people growing up in Northern Ireland is a deeply held desire among all sectors of society. The guaranteeing of protection of and respect for children's rights are essential elements in creating such a future for them.

Many significant steps have been taken since devolution to improve the situation for children living in Northern Ireland. However, despite the creation of an Office for the Commissioner for Children and Young People and the ongoing development of an over-arching children’s strategy there is currently no comprehensive code of children’s rights in Northern Ireland to underpin these new institutions and developments.

The Bill of Rights offers a unique opportunity to ensure that the rights of all children and young people are adequately protected for the future. Such protections are needed by all children, whether they are children who have been directly affected by the conflict, children with disabilities, children living in poverty, ethnic minority children, children as carers, children in need and, more fundamentally, children in general, i.e, including those who don’t fit into any particular category.

For the Bill of Rights to make a real difference to children and young people’s lives however there are a number of key requirements:

• It must include and build on the principles and provisions of the UN Convention on the Rights of the Child
• It must include a dedicated section detailing children's rights provisions in the Bill
• It must include strong and enforceable social and economic rights provisions
• It must have effective and accessible enforcement mechanisms that are capable of being used by children and young people and/or their advocates.

There is massive support for all of the above to be included in the Bill of Rights. The challenge now for everybody working in the children and young people’s sector and the NGO sector generally is to communicate this support for these provisions to the Northern Ireland Human Rights Commission, to the political parties, the British government and to other relevant players as they continue to work on bringing forward the Bill of Rights for Northern Ireland.

APPENDIX A

PROTECTING CHILDREN'S RIGHTS
IN A BILL OF RIGHTS FOR NORTHERN IRELAND

A STATEMENT OF SUPPORT

We the undersigned wish to lend our support to the drafting of a strong, inclusive, effective and enforceable Bill of Rights for all communities by the Northern Ireland Human Rights Commission. In particular we support the inclusion of the maximum children's rights protections in a Bill of Rights for Northern Ireland.

WHY SUCH PROTECTION IS NEEDED

• There is currently no comprehensive code of children's rights in Northern Ireland. The UN Convention on the Rights of the Child is not directly enforceable and the ECHR, whilst a useful tool only provides minimal express recognition of the rights of children.

• Children and young people constitute over a quarter of the population. As the most vulnerable members of society they have been particularly adversely affected by the conflict and violence.

• Securing a better future for children and young people growing up in Northern Ireland goes to the heart of any peace building process. The guaranteeing of protection of and respect for children's rights are essential elements in securing a better future for them.

• Children's rights have been accorded increasing priority at governmental, legislative and policy level in Northern Ireland. These developments need to be clearly located within a strong human rights framework.

• There is also a growing international recognition of the need for states to provide specific protections for the rights of children and young people

HOW CHILDREN'S RIGHTS CAN BE BEST PROTECTED BY A BILL OF RIGHTS

We believe that the protection of children's rights within a Bill of Rights can best be achieved through a dual approach of providing a separate chapter which clearly enunciates children and young people's rights coupled with reference to their rights throughout the other chapters of the bill where appropriate. This is for the following reasons:

• It would highlight children and young people as a particularly deserving and vulnerable group of rights holders, who are in need of special protection.

• It would provide a clear indication of a commitment to prioritise children's rights and to redress the lack of protection in the past.

• It would ensure that the Bill of Rights is accessible and relevant to children and young people themselves as they would be able to easily identify the rights relevant to themselves.

• It would ensure that children and young people are equally entitled to enjoy the rights granted to everyone in the other provisions of the Bill.

• It is already an established approach as most general human rights treaties contain at least one substantial provision dedicated to the protection of children's rights


SUPPORT FOR PROTECTION OF CHILDREN'S RIGHTS

There is clearly widespread community and political support for children's rights protections. This has been evidenced by the high priority accorded to the situation of children and young people in the NI Executive's Programme for Government coupled with the broad political and public support expressed for the Office of Commissioner for Children and Young People.

In addition the RES survey conducted on behalf of the NI Human Rights Commission in October 2001 captured the widespread community support for specific rights for children and young people; 78% of Catholics and 67% of Protestants indicated their support for such rights. Furthermore the NI Human Rights Commission's consultation with children and young people revealed almost unanimous support for the provision of specific rights for children and young people.

We the following organisations now call upon the NI Human Rights Commission to address the need to provide maximum protections for children and young people as well as responding to political and public support for the same through the adoption of a dual approach to the framing of their rights as outlined above

APPENDIX B

Supporters of Children’s & Young People’s Rights in a Bill of Rights
(As at 20 August 2003)

6th Form Council, Oakgrove Integrated College, Derry
Action Mental Health
Action on Medical Negligence Association
Age Concern NI
Al-Nisa Association NI
Amnesty International
Armagh & Dungannon Adolescent Partnership
ASCERT (Action on Substances through Community Education & Related Training)
Atlas Women’s Centre
Ballymurphy Women’s Centre
Beechmount Community Project
Belfast & Lisburn Women’s Aid
Belfast Door Project
Black Youth Network
Boys & Girls Clubs NI
Brook Belfast
BTEDG (Belfast Traveller Education & Development Group)
Catholic Guides of Ireland
Challenge for Youth
Child Care NI
Children’s Express
Children’s Law Centre
Cinemagic
Community Dialogue
CORI (Conference of Religious in Ireland NI)
Corrymeela Community
CoSo (Coalition on Sexual Orientation)
Council for the Homeless NI
Craigavon & Banbridge Women’s Aid
Craigavon Travellers Support Committee
Crevenagh Youth Club, Omagh
Cross Glebe Community Association, Coleraine
Cunamh, Derry
Derry Children’s Commission
Disability Action
Donard King & Co, Solicitors
Down’s Syndrome Association
Drugwiser Project, Enniskillen
Drumcree Community Trust
Drumglass High School
Dyslexia & Dyspraxia Support, Maghera
Extern
Falls Women’s Centre/Ionad Mhná na bhFál
Families Against Crime by Terrorism (FACT), Lisburn
Family Planning Association
Fermanagh Shadow Youth Council
Fostering Network Northern Ireland
Future Voices
Generation Y Chinese Welfare Association
Girlguiding Ulster
Girls Friendly Society
Glenmona Resource Centre
GLYNI (Gay and Lesbian Youth NI)
Greenpark Healthcare Trust
Groundwork NI
Harpurs Hill Early Years Project
HIV Support Centre
Holy Trinity Youth Centre
Home-Start Northern Ireland
Hostelling International NI
Housing Rights Service
Include Youth
Inner City South Belfast Sure Start
Integrated College, Dungannon
International Voluntary Service – NI
Koram Centre, Strabane
Law Centre NI – Western Area Office
Little Flower Girl’s School
Lynne Peyton Child Care Consultancy
Magherafelt High School
Marrowbone Community Association
Melmount Community Forum, Strabane
Mencap
Mothers’ Union
Mourne Youth Community Association
Multi-Cultural Resource Centre
N & W HSST
National Deaf Children’s Society
NCH Northern Ireland
Newry & Mourne HSST
Newry & Mourne Volunteer Bureau
Newry & Mourne Women Limited
NI ADD (Northern Ireland Attention Deficit Disorder)
NI Children’s Hospice
NI Women’s Aid Federation
NI Youth Forum
NIACRO
NIAPAN (Northern Ireland Anti-Poverty Network)
NICEM (Northern Ireland Council for Ethnic Minorities)
NICHS
NICVA
NIPPA (Northern Ireland Pre-school Playgroup Association)
NIPSA
Norsun Community Group, Carrickfergus
North West Centre for Learning & Development
Northern Ireland Business Education Partnership
Northern Ireland Child Minding Association
NUS/USI (National Union of Students, UK/Union of Students in Ireland)
Omagh Boys and Girls Club
Omagh Forum for Rural Associations
One World Centre NI
PAKT Lurgan
Parent’s Advice Centre
PBNI - Ormeau Rd
Phab
Playboard
Police Federation for Northern Ireland
Policy Implementation Panel on Young People with Disabilities
Prefect Committee Assumption Grammar School, Ballynahinch
Probation Board for Northern Ireland
Public Achievement
Pupil Forum, St Dominic’s High School
Rafferty & Boyle, Solicitors
Raleigh International
Regimented Association of the UDR, Coleraine Branch
Relate NI
Relatives for Justice
Rethink Severe Mental Illness
Royal College of Nursing
Sargent Cancer Care for Children
Save the Children
SAVER/NAVER, Markethill, Co Armagh
School Council, Cullybackey High School
School Council, St Patrick’s Boy’s Academy, Dungannon
Senior Student Council, St Joseph’s High School, Coalisland
Senior Student Council, St Rose’s High School
Shimna Integrated College, Newcastle
Simon Community NI
South East Belfast Children’s Panel
South Tyrone Empowerment Programme
Springboard
Springfield Inter-Community Development Project
St Columb’s Park House
St Mary’s Youth Centre, Portadown
St Peter’s High School, Foylehill
Starting Point
STEER Mental Health
Strand Foyer
Student Council Ballyclare Secondary School
Student Council, Dean Maguire College, Carrickmore, Co Tyrone
Student Council, Integrated College Dungannon
Student Council, Malone College
Student Council, North Coast Integrated College, Coleraine
Student Council, St Joseph’s Boys High School, Newry
Student Council, St Joseph’s Grammar School, Donaghmore
Student Council, St Louise’s Comprehensive College
Student Council, St Mary’s College, Derry
Student Council, St Patrick’s Grammar School, Armagh
Tar Anall
Taughmonagh Community Forum
The Bridge, Belfast
The Bytes Project
The Cedar Foundation
The Cross Group, Dundonald
The Dry Arch Centre for Families, Dungiven
The Duke of Edinburgh Award
The Nucleus Centre
The Rainbow Project
The Spirit of Enniskillen Trust
Threshold NI Ltd
Traveller Movement (NI)
Triangle Housing Association
UNISON
Unison
Upper Andersonstown Community Forum
Upper Andersonstown Youth Network
Victims and Survivors Trust (VAST)
Voluntary Service Bureau
Volunteer Development Agency
Voypic (Voice of Young People in Care)
Wave Trauma Centre, Belfast
WAVE, Derry/Londonderry
Westside Project
Wheelworks
Women’s Information Group
Women’s Resource & Development Agency
Women’s Support Network
Workers Educational Association
Youth Initiatives
YouthAction NI
YouthNet