Draft General Comment on Article 4 of the UN Convention on the Rights of the Child: Call for comments

Submission from the Children’s Rights Alliance for England

About the Children’s Rights Alliance for England

  • The Children’s Rights Alliance for England (CRAE) believe that human rights are a powerful tool in making life better for children. We work with over 150 organisational and individual members to promote children’s rights making us one of the biggest children’s rights coalitions in the world.
  • We fight for children’s rights by listening to what children have to say, carrying out research to understand what they are going through and using the law to challenge those who violate children’s rights. We campaign for the people in power to change things for children and we empower children and those who care about children to push for the changes they want to see.

Background Comments

  • CRAE welcomes the opportunity to comment on draft General Comment No. 19. We would also appreciate the chance to comment on subsequent drafts.
  • We are very supportive of a new General Comment on this issue. We know there is an urgent need to ensure that States Parties understand the critical link between public spending decisions and full implementation of the UN Convention on the Rights of the Child (CRC).
  • Through our experience in holding the UK Government to account on its child rights obligations, we know it is crucial that the UN Committee on the Rights of the Child (UN Committee) provides clearer guidance to States Parties on what Article 4 of the CRC entails in practice in relation to public spending. It is essential that Governments both fully understand how effective, efficient and equitable public spending is fundamental if all children in all settings are to have their rights fully implemented, and have adequate guidance from the UN Committee to ensure this happens in practice.
  • In our recent civil society alternative report on implementation of the CRC in England,we note the absence of systematic child rights impact assessments (CRIA) across government, including in budgetary decision-making. This isdespite a 2010 Ministerial commitment that ‘Government will give due consideration to the UNCRC articles when making new policy and legislation’. We also evidence that decisions on how to reduce the welfare budget have had a disproportionate impact on children; that even in the face ofincreased need, children’s services have seen dramatic falls to budgets; and that despite some progress in the UK report to the UN Committee, more information on expenditure on children is needed to make this a robust analytical measure. [1]
  • For the General Comment to be as effective as possible we urge the UN Committee to ensure the final draft is as succinct as possible, offers clear and practical guidance to States and avoids repetition.

Specific comments on the draft General Comment

Title and introduction

  • We would welcome a stronger title for General Comment No.19, which made the crucial link between public spending and the realisation of children’s rights clearer, for example, ‘Public spending and the realisation of the rights of the child.’
  • The document would be stronger if the rationale for the General Comment set out in section B was included nearer the beginning of the introduction. This would ensure States Parties are clear from the outset on the reasoning behind the document and why it is so important. This could be lost if it remains in its current positon after the background information (Section A).
  • It would be helpful if the definition of the words ‘effective’ ‘efficient’ and ‘equitable’(at paragraph 12) were fleshed out- drawing on the standards of the CRC - to ensure that States are clearon what it means in practice to meet these standards in relation to the spending of financial resources.
  • The General Comment should also emphasise the importance of public spending for the realisation of the rights of all children in all settings in line with article 2 of the CRC not just ‘boys and girls’.
  • Given the centrality of Child Rights Impact Assessment (CRIA) in budgetary decision-making, it is important to include this in bullet point one (at paragraph 1) to make clear what type of assessment is needed.
  • We welcome the reference in the introduction to the importance of an enabling environment to ensure civil society can participate in budget processes. We also think it is essential that the General Comment emphasises the importance of engaging with children from a range of different backgrounds and characteristics, including those in challenging circumstances,in relation to the participation of children in budget processes. A cross-reference to General Comment No. 9 on the right of the child to be heard would be useful.
  • The 2008 financial crisis should also be included in section Ato emphasise how this crisis has made the General Comment more, rather than less, applicable. We would also welcome a reference to the 2012 open letter from the UN Committee on Economic Social and Cultural Rights to States Parties and the 2013 report by the Office of the High Commissioner for Human Rights (OHCHR) Austerity measures and economic, social and cultural rights.
  • It is important to emphasise in section C ‘Objective’ (at paragraph 16), that improved understanding and delivery of the obligations derived from the Convention in relation to public sending arecrucial for the implementation of the CRC, and without sufficient execution of these obligations, CRC implementation will remain patchy and inadequate.
  • Paragraph 18 (d) should also emphasise the importance of engaging with children from a range of different backgrounds and characteristics.
  • It is also important that the General Comment notes the importance of engagement with key stakeholders and civil society (including children) at an early stage of the budget process to ensure that their participation is both genuine and meaningful.
  • The Committee could recommend that UNICEF, the OHCHR and NGOs also contribute to awareness raising and capacity building of relevant public officials ad actors (at paragraph 19).

II A general obligation and a specific rule in relation to public spending

  • We query the interpretation (at paragraph 20 (b)) that the obligation to show that resources are used in an effective, efficient and equitable way is only relevant to economic, social and cultural rights. We believe the only distinction between the general obligation to ‘undertake all appropriate legislative, administrative and other measures for the implementation of the rights in the present Convention’and the specific rule ‘with regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of available resources…’ is that of progressive realisation. The realisation of all children’s rights needs a certain amount of resources and it is through such resources being used in an effective, efficient and equitable way that all the rights in the CRC will be implemented.

III Public Spending considerations implied by article 4 and the general principles

  • Again, we would recommend that the phrase ‘boys and girls’ is replaced with ‘all children’ throughout this section.
  • We believe a reference to the obligation of States to ensure ‘…the resources and capacity to realise the rights of the child, even in times of economic crisis’ should be included in the rationale for the General Comment currently in section B to emphasise the relevance of it following the 2008 financial crisis, as noted above.
  • At paragraph 32, we would add that awareness raising and capacity building may be needed ‘across all government departments and relevant agencies, including the private sector, where it is delivering public services.’
  • We recommend that paragraph 53 be strengthened to give more detail on how a CRIA should be carried out in relation to public spending decisions and emphasise the importance of these processes being fully transparent and participative. The phrase ‘may be based upon input’ is not strong enough to encourage some States to ensure this is the case.
  • More detail should be given at paragraph 62 on the mechanisms needed for the meaningful participation of children, for example, child friendly information and facilitation of meetings, adapted for different ages and needs.

IV Principles of public spending

  • Public participation, including children, should be added as a principle of public spending,as well as government transparency and accountability, in line with the Open Government Partnership.[2]
  • We think the explanation of effective funding would benefit from a specific reference to States commissioning or contracting out services tothe private sector and the need for such contracts to offer good value for money and not incur hidden costs. A cross-reference to General Comment No. 16 on State obligations regarding the impact of the business sector on children’s rights would be useful and the UN guiding principles on business and human rights][3]
  • Paragraph 72 on transparent public budget documents and systems should also emphasise the need for these to be child-friendly.

V Implementation of the rights of the child in public spending

  • The title of this section could benefit from being clearer for example, ‘Public Spending on Children’s Rights - what this means in practice’.
  • Paragraphs 89 and 94 could be merged as they both concern measures related to mobilising domestic resources.
  • In relation to section D ‘Reporting, evaluation and auditing’, it is crucial to include a reference to mechanisms which assess the cumulative effects of public spending decisions on children over a period of several years. This is vital for an accurate picture of how spending decisions are either negatively or positively effecting the implementation of children’s rights over a period of time.

VI Dissemination

  • We would urge the UN Committee to recommend that other relevant actors, such as UNHCR, UNICEF and other NGOS assist with the dissemination of the General Comment.

Children’s Rights Alliance for England, November 2015

@CRAE_offical

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[1] Children’s Rights Alliance for England (2015) UK implementation of the UN Convention on the Rights of the Child. Civil Society alternative report 2015 to the UN Committee – England

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