The Committee states:

We … have called on the Government to incorporate into UK law provisions in human rights treaties where, in our view, the protection offered by our national law is inadequate, for example in relation to certain provisions in the UN Convention on the Rights of the Child.

The Committee's report comes ahead of the Government's Green Paper on a British Bill of Rights and Responsibilities, expected in the autumn.

Carolyne Willow, CRAE's National co-ordinator, says:

It is nearly 20 years since the UK agreed to follow the UN Convention on the Rights of the Child, and it is now time to make this treaty part of our domestic law. There is no doubt that children have moved much higher up the political agenda in the past decade. But our laws do not sufficiently protect children's human rights. The British Bill of Rights must protect children wherever they are – be they at home, school, looked after by the state or in custody.

The JCHR is a strong defender of the human rights of the most vulnerable children in Britain and we are delighted that our evidence to the Committee has been so well received and reflected in its recommendations.

We have been encouraged by recent comments from Ministers that children are 'at the heart' of their plans.  We look forward to seeing this reflected in the Green Paper.

The JCHR says that one of the principal purposes of any new Bill of Rights should be to strengthen legal protection of the rights of vulnerable and marginalised people, such as children in custody.  The Committee emphasises the importance of consulting children on the proposals, stating:

We heard convincing argument from the Children's Rights Alliance for England that children should be involved in any consultation on a UK Bill of Rights…A number of different processes may need to be run in tandem, with particular methods being used to target specifically harder to reach groups.

In October 2002, the UN Committee on the Rights of the Child urged the UK to bring all aspects of the UN Convention on the Rights of the Child into UK law. It praised the Human Rights Act, which brings into UK law the European Convention on Human Rights (ECHR), but said the children's treaty gives 'much broader' protection to under 18 year-olds. This view has been echoed by the European Court of Human Rights and members of our own judiciary. Baroness Hale of Richmond told the JCHR that children's rights are the first item on her "shopping list" for a British Bill of Rights:

There is virtually nothing in the ECHR about children. The UK is party to the UN Convention on the Rights of the Child and there are aspects of that Convention which could, it seems to me, be with profit put into any British Bill of Rights; better to accord with our existing international obligations and with our understanding of children and what they should have.

More details

Katy Swaine, CRAE legal director, office: 020 7278 8222 x30; mobile 07771 642 527; kswaine@crae.org.uk

Notes

1. The Children's Rights Alliance for England is a coalition of over 380 member organisations that seeks the full implementation of the Convention on the Rights of the Child in England. Our vision is of a society where the human rights of all children are recognised and realised.
2. The UN Committee on the Rights of the Child is examining the UK this year. The UN Committee will publish its concluding observations in early October 2008, and is expected to repeat its 2002 recommendation for the UN Convention on the Rights of the Child to be incorporated into domestic law.
3. Other European countries have made the UN Convention on the Rights of the Child part of their national law. The South African Bill of Rights, adopted in 1996, makes specific provision for the rights of children.
4. The Northern Ireland Bill of Rights Forum made recommendations to the NI Human Rights Commission in March 2008 on a Bill of Rights for Northern Ireland, proposing the inclusion of detailed rights provision for children.
5. The Joint Committee on Human Rights, chaired by Andrew Dismore MP, consists of 12 members appointed from both the House of Commons and the House of Lords. The Committee undertakes inquiries on human rights issues and reports its findings and recommendations to the House.  Other JCHR members include Lord Dubs, John Austin MP, Lord Fraser of Carmyllie, Douglas Carswell MP, Lord Lester of Herne Hill, Dr Evan Harris MP, Lord Morris of Handsworth, Virendra Sharma MP, The Earl of Onslow, Richard Shepherd MP and Baroness Stern.