Time for England's children and young people to get a strong children's rights champion


Action for Children -- Barnardo's -- British Youth Council -- Children are Unbeatable! Alliance -- Children England -- Children's Rights Alliance for England -- Children's Rights Officers and Advocates -- The Children's Society -- National Children's Centre -- Nacro -- NSPCC -- Save the Children -- Standing Committee for Youth Justice -- UNICEF UK

OFFICE OF CHILDREN’S RIGHTS COMMISSIONER FOR ENGLAND

REVISED MINIMUM REQUIREMENTS

SEPTEMBER 2010

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SECTION 1: Download background paper

SECTION 2: The minimum requirements   
These minimum requirements comply with the principles for national human rights institutions adopted by the United Nations General Assembly in 1993 (the Paris Principles) and draw upon the recommendations of the United Nations Committee on the Rights of the Child and the Standards adopted by the European Network of Ombudspersons for Children.   

  1. GENERAL FUNCTION
    The Office of Children's Rights Commissioner shall be required by law to promote and protect the human rights of all children and young people in England.  The Commissioner shall in particular encourage the UK Government to take all appropriate measures for the implementation of children's rights.

  2. Children's rights means those safeguarded by the United Nations Convention on the Rights of the Child and its two Optional Protocols and all other international human rights instruments, ratified by the UK, which are relevant to children and young people.

  3. The Office of Children's Rights Commissioner shall be required by law to promote respect for children and young people’s views, feelings and evolving capacities; and to encourage a society where the dignity and worth of each individual child and young person is respected and childhood is valued across all sectors of society.

  4. The Office of Children's Rights Commissioner shall be required by law to seek to ensure that children and young people have effective means of redress should their human rights be violated.
     
  5. INDEPENDENCE
    Legislation shall protect the independence of the Office of Children’s Rights Commissioner. This means:

    - The Office shall be given a broad legal mandate to review and report freely and publicly on any matter affecting children and young people and their rights
    - The legislation establishing the Office shall not align the Children's Rights Commissioner or its staff with the policy goals of a particular Government; nor shall it restrict the general function and powers of the Office to certain groups of children and young people
    - The appointment of the Commissioner must be public and conform to the Commissioner for Public Appointment's Code of Practice
    - Children and young people and children's rights NGOs shall be involved in a meaningful way in the selection process, including in the development of the job description and person specification and public advertisements
    - An individual shall be appointed as Children's Rights Commissioner for no more than a single term of seven years. 

  6. A fair and transparent process shall be established to deal with performance and disciplinary matters. The Commissioner shall only be removed from office for limited reasons prescribed by law.

  7. The Commissioner shall be able to determine expenditure within an agreed budget set by Parliament for a minimum three-year period: there shall be no interference, or threat of interference, by Government Ministers or civil servants.

  8. SPECIFIC POWERS AND DUTIES
    The Office of Children's Rights Commissioner shall have the power to put children and young people who wish to make a complaint, or others acting on their behalf, in contact with the appropriate investigating authority.

  9. The Office of Children's Rights Commissioner shall be required by law to keep under review the availability and operation of statutory complaints and whistle-blowing procedures and the arrangements for independent advocacy.

  10. The Office of Children's Rights Commissioner shall have an independent role in monitoring the implementation of the United Nations Convention on the Rights of the Child in England. For this purpose, the Commissioner shall be required to provide a report to Parliament at least once annually on the extent to which children's rights are being implemented, providing recommendations for action by Government and others. The Commissioner shall be required by law to consult children and young people, and organisations promoting and protecting children's rights, in the preparation of such reports.

  11. Government Ministers shall be required by law to formally consult the Office of Children's Rights Commissioner during the preparation of laws and policies affecting children. They shall be required to publish the Commissioner's advice and the Government's response to this advice.

  12. The Office of Children's Rights Commissioner shall have the power to require Government Ministers to undertake children's rights impact reviews on any decision or proposal having, or potentially having, a significant effect on children and young people generally, or specific groups of children and young people.

  13. The Office of Children's Rights Commissioner shall have a general power to require Government departments and other public bodies to consider his/her recommendations within a designated time period and if they decide not to comply with them, to explain their reasons publicly.

  14. The Office of Children's Rights Commissioner shall monitor and make public the main findings from all formal investigations and inspections affecting children and young people carried out by other bodies.

  15. The Office of Children's Rights Commissioner shall encourage, resource and undertake research that supports the full realisation of children’s rights.

  16. The Office of Children's Rights Commissioner shall be empowered to co-operate with other bodies and organisations concerned with the human rights of children in England or elsewhere.

  17. The Government shall be required by law to formally consult the Office of Children's Rights Commissioner during the preparation of periodic reports to the United Nations Committee on the Rights of the Child. The Commissioner’s views shall also be sought on other Government reports and representations to the United Nations and the Council of Europe which concern the implementation of children's rights in England.
     
  18. ACTIVE INVOLVEMENT OF CHILDREN AND YOUNG PEOPLE
    The Office of Children's Rights Commissioner shall establish a range of transparent and democratic mechanisms to ensure direct communication and engagement with the widest range of children and young people.

  19. The Office of Children's Rights Commissioner shall actively promote its role to children and young people, using a variety of communication methods that properly reflect the preferences, capabilities and circumstances of children and young people of different ages and backgrounds. The Commissioner shall be required to take specific steps to inform and engage children and young people who may be at particular risk of human rights violations.

  20. All publicly available reports and publications produced by the Office of Children's Rights Commissioner shall be made accessible and freely available to children and young people.

  21. The Office of Children's Rights Commissioner shall be empowered to offer financial or other assistance to any organisation that directly supports children and young people in developing knowledge about and claiming their human rights, including those run by children and young people themselves.

  22. INVESTIGATORY POWERS
    The Office of Children's Rights Commissioner shall be empowered by law to undertake investigations and inquiries. There shall be no duty to consult a Government Minister before establishing an investigation or inquiry. 

  23. The Office of Children's Rights Commissioner shall have right of access to information, taking into account data protection legislation and the privacy rights of individuals.

  24. The Office of Children's Rights Commissioner shall have unrestricted access to any establishment providing care, treatment, education, rehabilitation or employment to children and young people.  This power shall not extend to private dwellings. It includes custodial settings and places of detention.

  25. LEGAL AND QUASI-LEGAL PROCEEDINGS
    The Office of Children's Rights Commissioner shall be empowered by law to initiate and participate in legal proceedings that relate to children's rights and shall be able: 

    - To investigate individual cases where all other available domestic complaints mechanisms have been exhausted, or where in the view of the Commissioner there is no adequate mechanism to remedy an alleged breach of children’s rights, or where a general principle is at stake
    - To represent in legal or other proceedings children and young people whose human rights have been allegedly violated but who are unable to pursue a remedy because of their age, capacity or other vulnerable status
    - To provide assistance, including financial assistance, to children and young people for legal proceedings where the matter being considered has national significance
    - To provide assistance, including financial assistance, to children and young people in the use of regional and/or international human rights mechanisms
    - To intervene as a third party in legal proceedings.
  26. RESPECT FOR HUMAN RIGHTS
    The Office of Children's Rights Commissioner shall:  

    - Promote understanding of the importance of children’s human rights
    - Encourage good practice in relation to children’s human rights
    - Promote awareness, understanding and protection of children’s human rights, and
    - Encourage public authorities to comply with section 6 of the Human Rights Act 1998 as it relates to children.
  27. The Commissioner shall be required in particular to disseminate information about children's human rights – either directly or through resourcing others – to children, young people, families, the children's workforce and other decision makers affecting children and young people.
     
  28. RESOURCES
    The Office of Children's Rights Commissioner shall have sufficient resources to discharge its functions, taking into account the diverse needs and interests of children and young people across all regions of England. 

  29. PRIVILEGE
    For the purposes of the law of defamation, publication by the Office of Children's Rights Commissioner of any matter which the Commissioner is required or authorised to publish under its legislation shall be absolutely privileged.  

  30. For the purposes of the law of defamation, any other statement made by the Office of Children's Rights Commissioner concerning any matter falling under the powers or duties of the Commissioner shall be absolutely privileged.

  31. UK-WIDE AND DEVOLVED MATTERS
    The Office of Children's Rights Commissioner for England shall promote and protect the human rights of children and young people living in England. It shall be empowered to co-operate with other Commissioners and relevant bodies across the UK and internationally (see paragraph 16).  The Commissioner shall have no powers or duties in respect of children and young people in the devolved administrations of the UK.

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