Introduction

The Children's Law Centre is a voluntary organisation that was established in 1997. It aims to help young people, their parents and professionals work with and understand the laws which affect children. Although based in Belfast, the Centre has a Northern Ireland wide remit.

Current priority areas of work include education and training, legal advice and research, all of which have a rights based approach as their starting point. In addition to working directly with young people, much work is also carried out with adults involved in children's lives through mechanisms such as training, involvement in conferences, inter-agency work and responses to draft government policy and legislation.

The Children's Law Centre is founded on the principles of the United Nations Convention on the Rights of the Child and seeks to ensure that the equality provisions of the Northern Ireland Act,1998 which relate to children are complied with. We are also working to promote greater awareness among Public Authorities of the implication for them of next year's incorporation into domestic legislation of the European Convention on Human Rights, with particular reference to children.

The Children's Law Centre welcomes the opportunity to make this submission to the Equality Unit on the subject of New TSN.

Responsibility for Implementing the United Nations Convention on the Rights of the Child (UNCRC)

In 1991 the UK government ratified the UNCRC. This means that it agreed that children and young people up to the age of 18 have certain rights which government and its agents would uphold.

With the devolution of power to the Northern Ireland Assembly the duty to implement the UNCRC now lies with the Assembly. In 2004, when the third report to the UN Committee on the Rights of the Child is due, the Assembly will be asked to provide an account as to how it has progressed with the Convention's implementation.

Article 12 of the UNCRC states that children and young people have the right to be involved in decision-making. It is, therefore, very disappointing that the 'consultation' exercise took no account of children and young people's opinions with regard to the New TSN objectives, especially when major areas such as education, health and social services have a direct impact on their lives. The drafting of the New TSN objectives and subsequent 'consultation' provided an ideal opportunity to demonstrate social inclusion in terms of including people in decision making. The Children's Law Centre does not accept that the uncertainty of the devolving power to the NI Assembly is a valid reason not to circulate the document, as it was finished in September. Organisations could have been consulting their own constituency groups in order to gain their reactions between September and January had the document been circulated.

The Children's Law Centre believes that there should be an extended period in order to ensure that meaningful consultation actually takes place.

We have the following comments to make in relation to specific target areas:

DANI 1

Many of the objectives of New TSN could be enhanced by using the United Nations Convention on the Rights of the Child, as a tool to assist the actions needed to achieve such objectives.

As well as improving the understanding of New TSN among staff, there is a need to inform staff in all sections of the Department and its associated agencies of their obligations in implementing the United Nations Convention on the Rights of the Child.

The Children's Law Centre is happy to co-operate with the Department on this matter.

DED 2

Many of the objectives of New TSN could be enhanced by using the United Nations Convention on the Rights of the Child as a tool to assist the actions needed to achieve such objectives.

As well as improving the understanding of New TSN among staff, there is a need to inform staff in all sections of the Department and its associated agencies of their obligations in implementing the United Nations Convention on the Rights of the Child.

The Children's Law Centre is happy to co-operate with the Department on this matter.

DED 9 and DED 10

In order to increase the employability of young people there needs to be a fundamental reappraisal of our education system, which is resulting in a very polarised youth population in terms of qualifications.

There is a need for greater connections between the DED, T & EA and the education sectors - both formal and informal. The DED should engage with the Youth Service and those involved in the Youth Work profession in order to develop achieve DED10.

In terms of DED 9, the University of Ulster is presently engaged in research examining the impact of the New Deal with young people. The DED should liase with the University in order to avoid duplication and wasting of resources.

DED 15

The role of Career Guidance in Lifelong Learning also needs to be linked more closely to the formal education sector where the experience of Career Guidance for young people is very varied and tends to be targeted at those who stay on at school to take A Levels. Young people who do not fall into this category are highly critical of Career Guidance and do not feel that it is very effective. Career Guidance, as an activity, needs to be ongoing and systematic, not something 'extra' and haphazard which appears to be the case at the moment.

DED 18

It is difficult to see how this objective will be attained if the present education system is not reviewed so that young people with disabilities can realistically choose to be educated in mainstream schools. The present system of segregated education has been shown to prevent young people with disabilities from reaching their full potential. Education is a key factor in attaining employment.

DENI 1

Many of the objectives of New TSN could be enhanced by using the United Nations Convention on the Rights of the Child as a tool to assist the actions needed to achieve such objectives.

As well as improving the understanding of New TSN among staff, there is a need to inform staff in all sections of the Department and its associated agencies of their obligations in implementing the United Nations Convention on the Rights of the Child.

The Children's Law Centre is happy to co-operate with the Department on this matter.

The Steering Group responsible for the delivery of New TSN within Education should ensure that there is a dialogue with all players in the education process, including parents and young people themselves.

The Steering Group should examine the potential of using outside expertise to inform its plans.

DENI 5

One of the most disadvantaged groups in our society is the Travelling Community. If the Department wants to 'foster an appreciation of the value of education' among the Travelling Community then it should not facilitate segregated education as it does in Belfast. Segregation on the basis of race is illegal under the Race Relations (NI) Order, 1997, yet CCMS continue to be supported by government in maintaining segregation.

Another disadvantaged group is young mothers who, if they become pregnant while at school, are often subtly forced out of the school.

Enabling such groups to appreciate the value of education necessitates that the individuals in these groups are appreciated for their value and their potential. Discriminatory practices such as those outlined above do not demonstrate this.

DENI 6

Education deliverers should be required to show the added value of the interventions funded by the EU as such funding is supposed to be additional. Additional monies should not be used to under-fund education from the mainstream budget.

DENI 12

In order to make education more relevant and interesting to pupils in disadvantaged areas there is a need to examine both the system of schooling and the curriculum.

Research has shown that those entering secondary schools are more likely to leave without qualifications that those in the grammar schools. The selection process itself should be abolished as should the two-tier system of education, which currently fails a large minority of young people.

Research from the UK shows that since the introduction of League Tables there has been a 'massive' increase in school exclusion rates (Demos, 1999).

It appears that, while one policy might be aiming to tackle social exclusion, other policies are contributing to it. There is, therefore, little evidence of joined-up thinking or action on the government's behalf.

DENI 14

In order to achieve greater involvement of parents in their child's learning there needs to be a true partnership between school staff and parents created. Currently there is little evidence that parents are regarded as equal partners in the education process by teachers. For instance, many parents feel intimidated by teachers and their attitudes towards them (see for example Kilpatrick et al, 1999).

In addition to this, there needs to be a recognition that often parents themselves have had a negative experience of school and are not highly motivated to become involved in their child's education as it is a painful reminder of their own school days.

DENI 15

Recent research from QUB indicates that the majority of pupils are expelled from school for fairly minor 'offences'. Unbelievably, some are expelled for truanting (Kilpatrick et al, 1999). Such practices would seem to indicate that schools expulsion policies contribute to the problem of exclusion, rather than combat it.

The Children's Law Centre believes that it should be illegal to exclude a pupil for truanting.

Children and young people should have the right to independent representation and to an appeals procedure for both suspensions and exclusions (currently the right to appeal relates only to parents against expulsions, not suspensions).

Codes of discipline should be developed in partnership with parents and young people. All schools should comply with the obligations of the UNCRC in relation to the administration of discipline within the school.

In relation to attainment levels of young people from minority ethnic groups, it is already known that young people from the Travelling Community in Belfast are not attaining even an average level in statutory assessments. It is quite obvious that there is an urgent need to develop not only a policy but also a plan for intervention. This is a matter, which needs to be addressed now - waiting another two years will only reinforce the damage already done to this group of people.

DENI 17

There is an urgent need to examine the impact of schools admission criteria. The intention to do this before June of this year is welcomed. Schools should be made aware of their obligations under the UNCRC, Children (NI) Order, 1995 and Race Relations (NI) Order, 1997.

Discriminatory practices by schools should be subject to an appeal by the young person him/her self.

DENI 27

In order to have a meaningful Community Relations Programme there is a need to work on a number of different levels. For instance, teachers and youth workers need to have more support and training to implement a CR programme; parents and others in the community also need to be worked with and the young people themselves need to have a programme that truly challenges prejudices and stereotyping but that also provides a supportive and safe environment to do so.

Recent research indicates that EMU and CH programmes within schools are not very effective in promoting better community relations (SCF, 1999). The lessons from such research should be taken account of in addressing this objective.

The CR remit should be widened to take account of the diversity of the population of Northern Ireland. It should address issues such as racism, sexism and homophobia as well as sectarianism within our society.

DOE

Many of the objectives of New TSN could be enhanced by using the United Nations Convention on the Rights of the Child as a tool to assist the actions needed to achieve such objectives.

As well as improving the understanding of New TSN among staff, there is a need to inform staff in all sections of the Department and its associated agencies of their obligations in implementing the United Nations Convention on the Rights of the Child.

The Children's Law Centre is happy to co-operate with the Department on this matter.

DOE 9

The establishment of a PSI Working Group on the need of Travellers is to be welcomed.

DOE 18

In order to address the housing needs of young people who become homeless, there is a need to review the legislative procedures and requirements which prohibit many young people from becoming tenants in their own right. There is a need for greater co-operation between NIHE and Health and Social Services Trusts so as to prevent young people, especially very vulnerable young people such as care-leavers, from becoming homeless.

DFP

Given that the responsibility for New TSN lies within the newly established Equality Unit of the FM& DFM it is essential that all staff are familiar with the obligations of the Assembly with regard to the implementation of the United Nations Convention on the Rights of the Child.

Many of the objectives of New TSN could be enhanced by using the United Nations Convention on the Rights of the Child as a tool to assist the actions needed to achieve such objectives.

As well as improving the understanding of New TSN among staff, there is a need to inform staff in all sections of the Department and its associated agencies of their obligations in implementing the United Nations Convention on the Rights of the Child.

The Children's Law Centre is happy to co-operate with the Equality Unit on this matter.

DFP 8/DFP 9

In terms of making visible the experience of disadvantage by different groups of people there is a need to be explicit about what kinds of people and groups one is discussing. Often in official statistics women and children are rendered invisible. Also there is a need to ensure that qualitative as well as quantitative research is carried out in order that a greater understanding of the dynamics of social exclusion is gained - this cannot be done by quoting statistics.

The Children's Law Centre is interested in discussing this matter further with the Unit.

DFP 14

There is a need for the DFP to work closely with other departments/agencies such as DENI/Education and Library Boards and DHSS & PS/HSST in order that the linguistic needs of the children of minority ethnic groups are recognised.

DHSS 1 and DHSS 2

Many of the objectives of New TSN could be enhanced by using the United Nations Convention on the Rights of the Child as a tool to assist the actions needed to achieve such objectives.

As well as improving the understanding of New TSN among staff, there is a need to inform staff in all sections of the Department and its associated agencies of their obligations in implementing the United Nations Convention on the Rights of the Child.

The Children's Law Centre is happy to co-operate with the Department on this matter.

DHSS 5

The establishment of a PSI working group on teenage parenthood is to be welcomed.

DHSS 6

It is not enough to 'encourage' HSS Boards and Trusts to involve users in decision-making - there is an obligation to do so with young people under the United Nations Convention on the Rights of the Child. Children and young people need to be recognised as users in their own right.

General Remarks regarding the DHSS

Young people in/leaving care are noticeably absent from the objectives listed. This is one of the most vulnerable groups in our society yet there is not a single mention of them in the whole plan despite the fact that in almost all of the areas such as housing, education, economic activity and health they are disadvantaged. This is a situation that needs to be urgently addressed.

Concluding Remarks

Given that all Departments must, in keeping with their obligations under the Equality Provisions of the Northern Ireland Act, 1998, produce an Equality Scheme taking into account how the Scheme will impact on people of different ages (young people as well as older people), it is disappointing that the Equality Unit did not use this opportunity to demonstrate this obligation.

The Children's Law Centre would like to see these issues redressed. We are happy to meet with staff from the Unit and the various Departments to discuss these further. We also enclose a summary version of our report 'Getting it Right', an examination of the UK government's implementation of the UNCRC as well as a copy of the Convention itself. If you require any further information please contact Children's Law Centre, Philip House, 123-137 York St, Belfast, BT15 1AB. Telephone 028 90 245704. E-mail: info@childrenslawcentre.org