Analysis: UN convention on the rights of the child - Where the UK falls short on children's rights

Youth justice

The UK's youth justice system is running roughshod over the rights of children, according to the United Nations (UN) Committee on the Rights of the Child.

Children are being prosecuted too young and are too often treated as adults in court, prison and crime reduction policies. In addition, Mosquito devices and antisocial behaviour orders (Asbos) are undermining young people's basic rights to privacy and freedom of association.

England and Wales came out particularly badly. Youth justice in the two countries is "dominated by a punitive approach and does not sufficiently distinguish between adult offenders and children," said the committee.

Northern Ireland fared better since its justice system's primary aim is to prevent offending. However, the committee said custody is still too readily used and looked-after children are over-represented in young offender institutions.

Scotland's welfare-based children's hearing system for offenders under 16 was praised for keeping youth custody to a minimum and focusing on prevention. But overuse of custody for 17- and 18-year-olds was called into question. The committee argues custody should be a last resort.

The UN is calling for an end to restraint techniques and use of equipment such as Mosquito devices. It has also said the age of criminality - eight in Scotland and 10 elsewhere in the UK - needs to be raised.

The committee suggests Scotland's emphasis on child welfare in the youth justice system is mirrored across the UK. But it fears the opposite is happening, with policies such as Asbos being introduced in Scotland and threatening to erode "the distinctive Scottish approach".

Paul Cavadino, chief executive of crime reduction charity Nacro, says it is time to re-examine Asbos. "There needs to be an independent review looking seriously at the case for abolishing Asbos. Also, legislation to raise the age of criminality would bring us in line with the rest of Europe."

Education and play

Schools across the UK are failing to involve children in decision-making and are letting down vulnerable groups, such as looked-after children and those from Traveller communities. Children with additional learning needs and disabilities are also being let down, with a lack of materials for those with hearing and sight impairments a particular concern.

The report also said sex and health education should be compulsory in all schools.This recommendation is backed by sexual health charity Brook. Its chief executive Simon Blake says: "While sex and relationships education continues to be patchy, another generation will not get the education they need to form healthy relationships and protect their sexual health."

Other recommendations include a firmer government stance on ensuring children's views are respected in schools. Exclusions should be a last resort and the right of children in custody to education must be better protected. The emphasis on targets also needs to end since this affects achievement levels, the report added.

Policy surrounding play also needs improvement. It is currently a low priority in all UK regions except Wales. Governments need to create affordable play opportunities for children with disabilities, those in rural areas and those living in poverty, the report argued.

Social care

One of the most controversial recommendations made by the committee is for a ban on parents smacking their children. Children need better protection from physical punishment, it says, pointing out an anomaly in UK law in which parents can claim a legal defence if they hit a child under 16.

The Children and Young Persons Bill was seen by campaign groups, such as the Children Are Unbeatable Alliance, as one way of achieving this. An amendment taking this defence away from parents was due to be voted on last week. However, Parliamentary time ran out and the opportunity was lost. "That is the end of the road regarding this Bill. However, we will look closely at further legislation to see if other opportunities can arise," says Tony Samphier, campaigns adviser for the alliance.

Even if there was a vote, the government remains opposed to an outright smacking ban. In a statement released last week, children's minister Beverley Hughes said: "If we put a ban on smacking into legislation it would mean a mother who gives her child a mild smack on the hand when they refuse to put back sweets at the checkout could end up facing criminal charges."

Another criticism relating to social care was the treatment of children with disabilities. The report warned that too often their views are ignored and called for a UK-wide strategy to halt their exclusion.

Kate Martin, senior participation officer at the Council for Disabled Children, says: "The government needs to actively promote and support the participation of disabled children and young people to give them greater voice and influence."

Media

Greater regulation of the UK media is being called for to protect children's privacy. Tighter control of children's appearances on reality TV shows is needed and the government needs to work with the media to address the high proportion of negative media images of young people.

The committee cited research carried out by Young People Now, the forerunner to CYP Now, in 2006 that showed seven out of 10 media stories about young people are negative and a third are about crime. But tighter regulation is unlikely and not even favoured by many in the sector.

Ginny Lunn, director of policy and development at The Prince's Trust, says: "We cannot force the media to present young people in a more positive light. What we can do is remind them about all the positive things young people can and do achieve, encouraging a fairer reflection of youth in the media."

Naming and shaming of children subject to Asbos and involved in criminal proceedings in the media should also end, the committee's report stated.

However, Nacro chief executive Paul Cavadino fears that, under the proposals laid out in the government's Youth Crime Action Plan, naming and shaming will escalate. These proposals include relaxing restrictions on reporting the identity of children who commit crimes. "It is already bad enough that young people going through the youth justice system can be named and shamed. To extend that further would be a disgrace," says Cavadino.

Child poverty

The high level of child poverty in the UK is undermining children's rights, the committee said. Those living in poverty are more likely to have poor health and fail at school.

But progress has been made. Between 1998 and 2006, child poverty figures fell by 600,000 - although the latest figures released in 2007 showed a worrying rise of 200,000.

There is too much emphasis on getting parents into work but little focus on "in-work poverty", the report said. Low pay, lack of childcare and rural poverty all need to be addressed. The committee added that funding to tackle child poverty is a mess and should be properly ringfenced. It suggested that an emphasis on reducing poverty becomes part of all new legislation.

These measures have been backed by the Children's Rights Alliance for England. Its national co-ordinator Carolyne Willow says: "We now call for the government to take immediate action to remedy breaches in the UN Convention on the Rights of the Child and we want the convention brought into UK law as a matter of urgency. Given the severity and breadth of the criticisms made by the UN committee, the Children's Secretary Ed Balls must make a statement as soon as possible." UN CONVENTION ON THE RIGHTS OF THE CHILD - THE KEY ARTICLES

Article 2: Children have the right not to be discriminated against. All children are entitled to basic rights and should be treated equally.

Article 3: All policy surrounding children should be driven by the best interests of children and young people.

Article 4: Government has a responsibility to protect children's rights. By signing up to the convention governments agree to review their laws regarding children on a regular basis.

Article 10: National boundaries should not stop parents and their children staying in contact. There needs to be freedom of movement to allow separated families to reunite.

Article 12: The government should take the views of children into account when devising policy that affects them. All adults should be encouraged to listen to and act on the views of children and young people.

Article 14: Children have the right to practice their religion. They also have the right to question religious beliefs.

Article 15: Freedom of association is a right for all children as long as it does not stop others from enjoying their rights.

Article 16: Children have a right to privacy and to be protected from having details of their life made public.

Article 17: Access to mass media including the internet is a right for all children. The media should not exclude those who speak different languages from accessing information.

Article 19: Children have the right to be protected from all violence and mental abuse. Any form of discipline involving violence, including from parents, is unacceptable.

Article 22: Children have the right to special protection and help if they are refugees.

Article 23: Access to special care and support is a right for all children with a disability. Children with disabilities have a right to live an independent life.

Article 28: Free primary-level education is a right for all children. All schools must be run without violence as a form of discipline.

Article 31: Play is a right for all children. Cultural, artistic and recreational activities should be made available to them.

Article 32: Children should not be exploited in the workplace and engaged in harmful work.

Article 37: Children should not be treated cruelly in custody and should not be put in prison with adults.

Article 42: Governments and adults have a responsibility to ensure children are aware of their rights.