ANALYSIS: Children's Rights - A commissioner for England

The face of policymaking for young people has changed over the past decade. With the signing of the 1990 UN Convention on the Rights of the Child, the UK agreed to promote ways that children's rights should be enshrined by organisations. As a result, consultations with young people are being carried out, youth forums have been springing up and "participation" is a buzz word.

A commitment to the UN convention has seen the Government set up the Children and Young People's Unit, which is overseeing how young people's views can be incorporated into government policy. Initiatives such as Connexions mean that young people can now expect to have their rights recognised and upheld. So why is the Parliamentary Joint Committee on Human Rights calling for a children's commissioner in England (YPN 21-27 May, p6)?

The committee's recent report emphasises the need for a children's commissioner to work in England. The only children's commissioner in effect in the UK is Peter Clarke, who holds the role in Wales. But Northern Ireland is expecting to announce its own commissioner in a matter of weeks. This role is set to be similar to the Welsh commissioner and will carry out investigations and name and shame organisations.

David Guilfoyle, chief executive of the Youth Council for Northern Ireland, explains: "It will be a totally independent role, reporting directly to the deputy first minister, and will be funded by the Northern Ireland Assembly for 1.9m."

Scotland too has gone some way towards appointing a commissioner, with a bill passed on 26 March by its parliament. It is expected that the post will be filled by January 2004. Jennifer Turpie, co-ordinator for the Scottish Alliance for Children's Rights, says: "The function of the role will be to promote awareness and understanding of the rights of children with the powers of investigation."

Growing campaign

About 120 organisations have signed up to the Children's Rights Alliance for England's campaign for a commissioner. Louise King, senior policy officer at the alliance, says: "It is crucial to have a commissioner to monitor the implementation of the convention, raise awareness and give young people a voice."

Peter Clarke agrees with the campaign. He says: "It seems rather unfair that a children's commissioner for England will be the only missing piece of the jigsaw of working to safeguard children's rights and welfare in the UK."

A central requirement for the role is independence. Rachel Harvey, international children's rights and armed conflict programme manager at The Children's Legal Centre, says: "The commissioner needs to ensure the human rights of children are being represented. However, it should receive automatic government funding and be set up as a statutory body to give it credibility."

According to The Children's Legal Centre, the Government is in breach of the UN convention's recommendations to disseminate information to all organisations working with young people. "A lot of people are not aware there is a children's rights convention," says Harvey.

The commissioner should also have the power to investigate and scrutinise government documents, policy and incoming legislation for any impact on children's rights, take up legal challenges and post statements on its findings.

Harvey says: "It would be unrealistic for the commissioner to stop any legislation from going ahead, but it should be able to make public statements. In other words, name and shame, even if it means criticising the Government."

Another part of the commissioner's role would be to canvass opinion from young people, and be their voice. Harvey says: "Having young people voice their opinion to groups of politicians garners polite applause and tokenism. A commissioner would give their views weight."

The Government's response to requests for an appointment of a commissioner is to say the issue will be addressed in the green paper on children at risk, due in the coming months. According to children's rights groups, Government excuses have been based on little evidence.

Harvey says: "Some of the responses made by the Government included arguments such as the fact that there are too many children in England compared with Wales." The Children's Society's policy and practice manager Kathy Evans adds: "The Government is aware of looking old-fashioned by comparison with Scotland, Wales and Northern Ireland. It claims practical reasons regarding coverage and resources but that is a red herring."

Caroline Abrahams, director of public policy at children and young people's charity NCH, concludes: "England is at the bottom of the European league in terms of children's rights so far."

THE COMMISSIONER'S ROLE

The Joint Committee on Human Rights report concludes that the role of a children's rights commissioner for England would be:

- To help protect children and promote knowledge of their human rights across society

- To promote compliance with the standards set by the UN Convention on the Rights of the Child

- To advocate for children and promote respect for their views throughout society

- To influence policy and practice to take greater account of children's human rights

- To undertake and commission research

- To ensure that there are effective means of redress if rights are violated.

Source: NSPCC, Children's Rights Alliance for England.