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Summary: Presentation delivered by Philip O'Brien, Regional Director, UNICEF, at the Council of Europe conference in Monaco from 4 to 5 April 2006.
Monaco, Tuesday 4th April, 2006 Purpose We don’t start from scratch, we have the convention as a base. The CRC is a legally binding instrument that covers the full spectrum of rights ― civil, cultural, economic, political, and social ― and provides the basis for safeguarding the welfare, development, and dignity of children the world over. It speaks not just to the rights of children but to the obligations of the duty bearers - us as parents, our governments, and our education, health and welfare systems. It demands of us both the knowledge of the rights of our children and commensurate with our capacity, the responsibility to meet them. I would suggest that a first element of a campaign designed to increase awareness of children’s rights could focus on the Convention, having two different aspects. First a concerted effort, perhaps lead by the Council of Europe, on getting those 19 member states to review again the validity of their reservations, to consider in an increasingly multicultural EUROPE, just how appropriate it is to continue to hold reservations which in many instances, reflect state concerns around migrant children and children of minorities. And in our day-to-day efforts we must acknowledge the extent and depth of the challenges facing children. While most CoE state members have ratified the Hague convention on inter-country adoption, 10 have not (Armenia, Bosnia & Herzegovina, Greece, Ireland, Liechtenstein, the Russian Federation, Serbia & Montenegro, the Former Yugoslav Republic of Macedonia and Ukraine). Some one third (25-30% year 2000) of inter-country adoptions worldwide take place from CoE member states. A fifth element, complementary to that of measuring progress is give the issue, in this case children’s rights, a public face, public attention and public resources and support. Thus, integral to any awareness raising and information campaign is the work of National Child Rights Institutions, whether Independent bodies, such as an Office of the Ombudsperson, or a separate organ to monitor child rights - Some CoE countries (Austria, Belgium, Iceland, Norway, and Sweden) have already instituted an independent Ombudsperson’s office specialized in child rights. The Russian Federation has some regional offices of this type, although it lacks such a body at a federal level. Other countries are moving towards establishing such an office. However, in our opinion it is essential that all CoE countries aim to establish such bodies; and where they exist, be provided with sufficient political, financial, and human resource support, as well as adequate independence, to genuinely make a contribution to the promotion of children’s rights. For more information about the conference, click here.
The purpose of the introductory comments are to simply help initiate a discussion that will lead to defining elements for a European Strategy on creating awareness and information around the promotion of the promotion of Children’s Rights.
They are not necessarily prescriptive comments, more directional ones. And the question is not just how we make sure that children and young people know of their own rights, though that in itself is a major challenge, but it is also how we ensure that governments, national and local, community leaders and indeed individual parents are as informed as they should be.
A second aspect of such an effort would be to make more public the national CRC reporting process and reports – Most CoE countries now publish and make available their periodic/initial reports to the Committee on the Rights of the Child. But all material related to the reporting process (periodic/initial reports, written replies, summary records and concluding observations) should be made readily available to the general public, including (but not exclusively) via the individual countries’ government internet websites, and where possible, to be made available in summary form in multiple languages for all so as to stimulate public debate and awareness of the Convention, and as importantly to make it know just how governments are responding to the challenges given to it by the Committee on the Rights of the Child.
But the reporting process is episodic, (first two and then every five years), and while infrequent events should be used to create interest, raise awareness and stimulate debate, these are not substitutes for day to day efforts to meet all children’s rights.
Ø We need to recognize that Discrimination continues -
Improvement is evident in the development of non-discriminatory policies and legislation; however, vulnerable children (minorities, non-citizens, children with disabilities, living in poverty/rural areas) still face inequality in accessing medical care and other public services.
Ø We need to acknowledge that while debate and discussion on the development of a continuum social and family support services - to gradually replace the system of residential care institutions for children have progressed positively (in Central and Eastern Europe a 45% of children in 2004 compared to only 30% in 1990 of children without parental care are now cared for in alternative- and family based settings instead of in residential care). However, the separation of children from their biological parents continues and more are now being placed in public care., and so reform needs to be applied systematically across Europe, and we need to reach a universally held conclusion that the best place to grow up in, for the vast majority of children, in indeed within the family.
In particular when we come together as a regional entity we need to recognize that Inter-Country adoption is still not sufficiently regulated, and that while it is and can be a good thing for selected children the safeguards to it, in particular those set out in the Hague Convention are still not fully adopted within the wider Europe.
Ø We must acknowledge that we live now in an increasingly multicultural, multi-religious, multi-ethnic countries and communities - a world in which emigration and asylum seeking are more common.
The CoE has already accomplished a great deal on addressing a Common European Asylum system, and the establishment and coordination of standards for asylum seekers has improved much as a result. But unaccompanied children continue to face violations of basic rights and be denied access to protection within Europe, including, for example: complex asylum and immigration procedures; probing interviews from uninformed officials; fingerprinting and invasive medical examinations; and, detentions in airport “waiting zones”, reception centres, as well as prisons. And throughout these procedures, children are often deprived of support by an adult guardian/advisor, appropriate food, housing, education, health, social care and cultural links.
The EU has shown particular effectiveness in the tackling of cross-cultural violence against children. The ‘Daphne’ programs and the ‘Violence in Schools’ initiative are just some good examples of this work. Individual CoE countries are increasingly aware of the problems they face in these areas, and increasingly intolerant to the violence, abuse, neglect, and exploitation of children.
Child poverty and exclusion ― When we think of Europe, we do not think poverty. But many CoE countries have significant and growing pockets of poverty, and children suffering exclusion. These pockets are, above all, found in rural and migrant communities. Much progress has been made, but there are a number of countries, where some have child poverty rates in excess of 10 percent, and for many of these, an increasing incidence of the rate over recent years. Lithuania and Cyprus, specifically target child groups that are vulnerable to poverty and exclusion. Nevertheless, special efforts for the provision of and access to social services to assist poverty-affected children and their families should be undertaken. These efforts could be more effectively achieved with the benefit of better statistical information, greater political priority, and a more strategic involvement of parents, governments and communities.
State parties’ efforts to implement the Convention in response to these challenges are varied both in extent and effect.
Several State parties implement the CRC through a comprehensive National Plan of Action. Others (including Denmark) have opted for “mainstreaming” the implementation of the CRC, whereby the individual government departments integrate the relevant aspects of the CRC into their sectoral planning. In addition some State parties also developed National Plans of Action for specific aspects of the CRC, e.g. Norway’s NPA to Combat Child and Youth Crime (2000 – 2004), and Latvia’s Action Plan for the Implementation of Maternal and Child Health Care Strategy (2004 – 2007).
I suggest two efforts would flow from our acknowledgement of these challenges, elements two and three of an awareness raising strategy. Getting those National Plans of Action right, and getting them into practice, represents a major challenge in promoting children’s rights.
And in so doing, we need to address another reality: the reality that many public servants, many dedicated and competent professionals, in both the public and private sectors, come in contact with youth, and require the opportunity to understand how to work in the best interests of the child and deal with the particular needs of young people in a full understanding of the particular vulnerability of the young.
A number of the reservations from the Council of Europe member states to the Convention are centred on child friendly juvenile justice systems. Yet magistrates, border guards, police, doctors, lawyers, economists, and many others need to have built into their training an understanding of the rights of young people and how they, in their professional work, need to meet those and to assure appropriate care and treatment for young. And so the third element - Raising Awareness and Training among our professionals is a key communications challenge, made doubly important as opinion polls among youth still show high levels of trust in the adults in these professions.
A fourth challenge. If you want to assure progress in something then measure it.
Indicators and data collection ― The Committee on the Rights of the Child requests data and statistics in order to monitor the implementation of the CRC. Efforts have been made by all CoE countries to collect disaggregated data in accordance with the CRC. However, there are still major issues across the board with regard to comprehensiveness (in particular the lack of information on vulnerable groups, child protection and social welfare), harmonisation and coordination. Development and identification of child rights indicators, harmonisation of indicators and statistics in close collaboration with national statistical authorities and development of data collection and information management systems at national level and European level (Eurostat) are crucial to provide the basis both for targeted national child rights promotion and awareness-raising.
Even acknowledging that we will count the numbers of children living in relative poverty, or the numbers of professionals trained in youth friendly services, will draw attention to the issue of child rights, and over time, encourage good, or better policy and become a tool for more effective advocacy.
Inter-ministerial government body with a clear mandate and overall responsibility for the implementation of the CRC - such bodies have been established in various CoE countries, but over-lapping and a lack of clarity for the responsibility of the implementation of the CRC remains an issue.
A final comment on Dissemination: In that famous fairy tale by Hans Christian Andersen it was the child who proclaimed what all the adults had seen but not said, that the Emperor was not wearing any clothes. We need to be reminded that the rhetoric of Child Rights is indeed sometimes stripped of substance. And the best way for us adults to be assured that we will have and be given honest assessments is to ensure that young people themselves are fully aware of their own rights. And so my final hope, or expectation, or challenge, call it what you will, is that we can build upon the excellent work done by many teachers, by many non-governmental organizations in building into school curricula a full treatment of the articles of the convention making this a Europe wide commitment.
We can only achieve this with partnership and in joining efforts, there is increasing political will for the implementation of child rights across Council of Europe countries. Child Rights is currently on the agenda of many international organizations, including the EU who are developing a Communication on Child Rights that focuses on keeping Child Rights on the political agenda. Most importantly today’s launch of the new Council of Europe Programme “Building a Europe for and with Children”, generates positive political momentum which can and must be used to develop a Europe-wide strategy in a coherent and unified effort to promote and ensure the rights of European children now and for the future. Europe as a region can set an example for other regions in the realization of children’s rights.
So in summary – how can we use the CRC reporting process? But not just by using educational curricula – we need a whole seminar on how traditional and new media can play a huge role not just in disseminating information on CRC but in presenting
the image of young people – as assets and partners.
Can I rephrase and summarize my directional questions:
1) Can the reporting process to the CRC be used to generate public debate and promote awareness on children’s rights?
2) Can National Action Plans prioritize budget allocations for children’s issues, incorporate training in child rights for all those whose profession touch children?
3) What do we do to ensure we have full publicity available, accurate gender specific ethnically inclusive information?
4) How can we engage media?
Allow me to conclude by segueing into the next panel, not to steal their thunder but to lay emphasis on the point of that panel.
In each and every action we propose the voice; the opinion and the expectations of young people must be sought, discussed and taken into account.
We can read in the report on the Ljubljana Consultation on Violence against Children that: “Children’s participation was widely felt to have been one of the highlights of the consultation, adding to its integrity. And one child participant at Ljubljana said: “Children see things that adults refuse to see.”
Young people’s participation is indeed the foundation of effective awareness raising and of the full implementation of the rights of all children everywhere.
Thank you.