Commissioner for Children PROMOTING THE RIGHTS AND WELLBEING OF - - PowerPoint PPT Presentation

Commissioner for Children

PROMOTING THE RIGHTS AND WELLBEING OF CHILDREN AND YOUNG PEOPLE IN TASMANIA:

A CHILD RIGHTS-BASED APPROACH

UN CONVENTION ON THE RIGHTS OF THE CHILD

• A primary focus of the Commissioner for Children is to promote the

rights and wellbeing of Tasmanian children and young people.

• The Commissioner’s work is guided by and informed by the principles of

the UN Convention on the Rights of the Child (CRC)

• CRC sets out a framework of rights that are essential to the promotion

and protection of children’s interests and wellbeing.

• By well-being

eing we are talking about children’s care, development lopment, educ ucat ation ion, healt lth and safety ty.

UN CONVENTION ON THE RIGHTS OF THE CHILD

• CRC recognises that children have the same human rights as adults,

but that they need additional protections because of their vulnerability.

• Australia ratified the CRC in 1990 and it came into force in Australia in

1991.

• Committee on the Rights of the Child – issues General Comments which

provide an authoritative interpretation of the rights contained in the articles and provisions of the CRC

• Although the CRC is not fully incorporated into Australian domestic

legislation, governments are obliged to promote its implementation.

GENERAL PRINCIPLES OF CRC

There are 4 ‘general principles’ under CRC which are considered fundamental to implementation of all other rights:

• the right to non-discrimination (article 2)
• the child’s best interests as a primary consideration (article 3)
• the right to life, survival and development (article 6)
• respect for the views of the child (article 12)

ARTICLE 12: RESPECT FOR THE VIEWS OF THE CHILD

• Children have a right to have a say in decisions that affect them and for

their views to be taken into account.

• Also known as the “Right to be Heard” or the “Right to Participate”
• This participatory right is a ‘key principle’ of the CRC - it is fundamental

to the fulfilment of other child rights.

• A ‘gateway right’ (per National Children’s Commissioner).

ARTICLE 12: RESPECT FOR THE VIEWS OF THE CHILD

• CRC enhances children’s participation by recognising

the right to seek and receive information and the right to freedom of expression

• Research shows that even very young children are able

to form views.

• CfC’s advocacy work is informed by consultations with

children and young people across Tasmania: – advisory groups – schools consultations – consultations with other specialised groups

ARTICLE 12: RESPECT FOR THE VIEWS OF THE CHILD

• During our recent consultations about child safe
• rganisations, children said they want adults to listen to

them more and for adults to take what they say seriously.

• The National Children’s Commissioner also heard this

message loud and clear during her Big Banter Tour of Australia.

• Children do have capacity to engage in detailed discussion

about important and sometimes sensitive issues.

WHY IS CHILDREN’S PARTICIPATION IMPORTANT?

• Decision making is improved when it is informed by those with

direct experiences of a situation. Children are experts in their

• wn lives.
• We increase the visibility of children’s issues.
• We enable children to be more actively involved in their

community – they are “makers and shapers” not just passive beneficiaries.

• We teach children respect for other’s rights too.
• Children tell us that “listening” is the most important thing that

adults can do to make things better for children.

HOW TO PROMOTE PARTICIPATION?

Examples of how to promote participation:

• 1. Practical steps/things to take into account

when consulting with children.

• 2. Ensuring children’s voices can be heard in

the context of complaints.

PRACTICAL STEPS

If participation is to be effective an meaningful, it should be seen as a proce cess ss. There is consensus on the following requirements for such participation: 1. Transparent and informative 2. Voluntary – informed consent 3. Respectful 4. Relevant 5. Child friendly 6. Inclusive 7. Supported by training (children can be involved) 8. Safe – sensitive to risk 9. Accountable - encourage and provide feedback Ref: Unicef & Save the Children, Every Child’s Right to be Heard: A Resource Guide on the UN Committee

• n the Rights of the Child General Comment No 12, 2011, p152.

EXAMPLE OF IMPLEMENTING ARTICLE 12 - COMPLAINTS

• Often, complaint systems are inaccessible to children

and therefore underutilised.

• Complaints are part of quality improvement.
• Children and young people usually have a very good idea

about possible solutions

• Complaints are an important mechanism for protecting

children from abuse and other unacceptable behaviour

ENSURING CHILDREN’S VOICES CAN BE HEARD IN THE CONTEXT OF COMPLAINTS

• Make complaint systems accessible to children
• Take children’s views seriously
• Make the system responsive
• Support and advocacy if child wishes
• Be respectful, understanding and willing to take

action

Resource: WA Commissioner for Children’s Guidelines Are You Listening? June 2013

Any Questions?