Children and Young People's Sector Bill of Rights Group

Supporters of Children

No 25% discount - children's rights are not on sale


? Children and young people constitute over 25% of our population. They are key stakeholders in our future. In framing our Bill of Rights their position, aspirations and views can not be discounted. They cannot be considered less dear or cheaper than those of adults. In short children's rights are not optional, they are not on sale.

? Currently there is 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. It is narrow and it is confined to civil and political rights. It contains no dedicated children's rights provision, nor does it incorporate the principles of the UNCRC.

? There is growing international recognition of the need for states to provide specific protections for the rights of children and young people, particularly in those countries and regions which are experiencing conflict, or are in the transition to peace. As the most vulnerable members of society, they have been particularly adversely affected by the conflict and violence here.

? 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 both of their protection and of respect for children's rights are essential elements in securing a better future for them.

? In recognition of this, children's rights have been accorded increasing priority at governmental, legislative and policy level in Northern Ireland. Our political parties have shown real commitment to promoting and safeguarding children's rights by establishing an office for the Commissioner for children and young people. To be truly effective the Commissioner's work must be clearly located within a strong human rights framework. In short children's rights must be included in our Bill of Rights.

? I want to dwell for a moment on the phrase "the particular circumstances of Northern Ireland" because our Bill of Rights is to reflect the 'particular circumstances of Northern Ireland' and because

? The meaning of this phrase has significant consequences for getting children's rights into the Bill. While the most likely interpretation is that of a society emerging from conflict, there are broad and narrow views of what rights are required in such a context.

? There is a view that 'particular circumstances' only relate to the identity and ethos of two communities, and to parity of esteem into relation to such issues as those communities' language, flags, parades, education. Children's rights would be excluded in this view. This view won't address rights of other communities such as Traveller or Chinese or other groups whose identity is not defined solely or primarily by their nationality, for instance children.

? We believe, on the other hand, that the Good Friday Agreement recognises the need to look at human rights concerns beyond the issues relevant to two communities.

- It makes reference to the right of equal opportunity in all social and economic activity, regardless of disability, gender or ethnicity (para 1)

- It makes a broad ranging equality commitment (para 3)

- It recognises that young people from areas affected by the conflict face particular difficulties (para 12)..

? It is significant that the majority of submissions to the NIHRC on the Bill of Rights – evidenced by the Summary Report published yesterday - shares this view and supports a broad and inclusive Bill of Rights

? We believe a full reading of the Agreement suggests that the Bill should not be a narrow or limited document. We see the need for an extensive set of rights protections to provide reassurance that change has occurred and that the future will be different. The question is sometimes posed as to why children from Northern Ireland should have different rights to children in England. The answer is that while all children are entitled to have their rights secured, particular circumstances here warrant special protection for our children.

? (There is no need to illustrate to you the audience how children and young people have suffered disproportionately as a result of our conflict and I don't intend to - we all know, live and work with the results of that impact of the past and ongoing violence on a daily basis. Its legacy continues, but)

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

? Northern Ireland has a lot of children living in poverty. While the statistic of one in three children living in poverty in the UK is well known, the government's own research indicates that every second child in Northern Ireland is living in poverty, or at risk of poverty.

? Northern Ireland also has higher rates of child deaths than the UK generally. In 1999 there were 33 deaths of children aged 1-4 per 100,000 in Northern Ireland. In the UK generally this figure was 27. Deaths per 100,000 for children aged 5-9 were 18 in Northern Ireland and 12 for the UK (Save the Children 2002:31).

? Northern Ireland also has a significant proportion of families who are homeless - 41% of all homeless presentations were families in 2000-01 - this represents 1% of all households here. 15% of presentations are caused by intimidation - intimidation often caused by the legacy of the conflict, and with rival factions feuding (Save the Children, 2002:219)

? There are also other aspects of life in Northern Ireland, on which the conflict may have had a greater or lesser impact, that make living here unique in comparison to other jurisdictions of the UK. For example, there is a need to take account of the impact of the border on children's lives. Children who live in border areas may not be able to access the nearest hospitals or schools because of the border intervening. The particular impact of the influence of churches and organised religion on children's lives here, compared to the rest of the UK or the Republic of Ireland, may also need to be highlighted. This has practical implications, for example, in terms of the education system.

? So our history of conflict has given rise to high levels of social deprivation. Violence has shaped social and economic conditions.

? We believe this view is supported by the Agreement; it recognises the need to deal with social and economic deprivation. Young people from areas affected by conflict have particular needs.

? The Bill of Rights needs to include social and economic rights to address problems of the past and thereby form a sound basis for the future.

? These rights rank as more important than any other category for children - and international law (and particularly the UNCRC) recognises the indivisibility of civil and political rights from social and economic rights.

? A strong and inclusive Bill of Rights 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 ensure that children and young people are equally entitled to enjoy the rights granted to everyone in the other provisions of the Bill.

? The incorporation of these rights is already an established approach internationally.

? We believe there is clear and 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 Northern Ireland 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 Northern Ireland 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. Most importantly of all, the NIHRC's consultation with children and young people revealed almost unanimous support for the provision of specific rights for children and young people.

? Almost 200 local organisations, representing 18,000 members are today publicly committing their support for the views of those children and young people. But support also comes from the global level., The UN's Special Representative on Children and Armed Conflict has visited Northern Ireland twice in the last 4 years. He has offered great encouragement, support and advice to our political parties in the searcxh for peace and the need to actively involve children and young poeople in that search. In his report to the UN General Assembly in 2000 he said (and I leave you with his words)


"Children's concerns must remain priority concerns throughout the building of peace and the voices of young people should be heard through peace processes…. Children's rights should be incorporated into the new Northern Ireland Bill of Rights."