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Research Articles

Enhancing the use of Children's Rights Impact Assessments in ordinary and extraordinary times to understand the rights of children subject to statutory intervention in family life

Pages 1458-1474 | Received 03 Jun 2021, Accepted 21 Mar 2022, Published online: 03 May 2022
 

ABSTRACT

This paper draws on work undertaken to inform the alternative Children's Right Impact Assessment (CRIA) undertaken by the Observatory for Children's Human Rights Scotland (the observatory) in the early months of the impact of COVID-19 in the UK. With reference to children who are at risk of neglect and abuse, potentially subject to statutory intervention in family life, or living in care, the paper focuses on the purpose, process and value of children's rights impact assessments (CRIAs). It argues that wider understanding of the limitations of policy-making processes and close attention to existing limitations of CRIAs can help to enhance their effectiveness in achieving the realisation of children's rights in practice.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Paul Cairney, ‘The UK Government's COVID-19 Policy: Assessing Evidence-Informed Policy Analysis in Real Time’, British Politics 16, no. 1 (March 2021): 90–116, doi:10.1057/s41293-020-00150-8.

2 Cairney.

3 Cairney.

4 Paul Cairney, ‘Policy Concepts in 1000 Words: The Policy Cycle and Its Stages’, Policy Concepts in 1000 Words: The Policy Cycle and Its Stages (blog), 11 November 2013, https://paulcairney.wordpress.com/2013/11/11/policy-concepts-in-1000-words-the-policy-cycle-and-its-stages/.

5 Paul Cairney, ‘5 Images of the Policy Process’, 5 Images of the Policy Process (blog), 10 July 2017, https://paulcairney.wordpress.com/2017/07/10/5-images-of-the-policy-process/.

6 Daniel Béland and Michael Howlett, ‘The Role and Impact of the Multiple-Streams Approach in Comparative Policy Analysis’, Journal of Comparative Policy Analysis: Research and Practice 18, no. 3 (26 May 2016): 221–7, doi:10.1080/13876988.2016.1174410.

7 Paul A. Sabatier, ‘The Advocacy Coalition Framework: Revisions and Relevance for Europe’, Journal of European Public Policy 5, no. 1 (March 1998): 98–130, doi:10.1080/13501768880000051.

8 Cairney, ‘5 Images of the Policy Process’.

9 Ian Sinha, Davara Bennett, and David C Taylor-Robinson, ‘Children Are Being Sidelined by Covid-19’, BMJ, 27 May 2020, m2061, doi:10.1136/bmj.m2061.

10 Esther Crawley et al., ‘Wider Collateral Damage to Children in the UK Because of the Social Distancing Measures Designed to Reduce the Impact of COVID-19 in Adults’, BMJ Paediatrics Open 4, no. 1 (May 2020): e000701, doi:10.1136/bmjpo-2020-000701.

11 Vereinte Nationen and International Bar Association, eds., Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecuters and Lawyers, Professional Training Series 9 (New York [u.a.]: United Nations, 2003).

12 Emanuele Sommario, ‘Derogation from Human Rights Treaties in Situations of Natural or Man-Made Disasters’, in International Disaster Response Law, ed. Andrea de Guttry, Marco Gestri, and Gabriella Venturini (The Hague, The Netherlands: T. M. C. Asser Press, 2012), 323–52, doi:10.1007/978-90-6704-882-8_14.

13 Audrey Lebret, ‘COVID-19 Pandemic and Derogation to Human Rights’, Journal of Law and the Biosciences 7, no. 1 (25 July 2020): lsaa015, doi:10.1093/jlb/lsaa015; United Nations. Office of the High Commissioner for Human Rights, Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Presecutors and Lawyers, n.d.

14 United Nations Committtee on Rights of Child, ‘General Comment No. 16 (2013) on State Obligations Regarding the Impact of the Business Sector on Children's Rights’, Sixty-Second Session (14 January – 1 February 2013). (Geneva: United Nations Committee on the Rights of the Children, 17 April 2013), https://www2.ohchr.org › docs › CRC-C-GC-16_en.

15 S Mukherjee, K Pothong, and S Livingstone, ‘Child Rights Impact Assessment: A Tool to Realise Child Rights in the Digital Environment’ (London: 5 Rights Foundation, 2021), https://digitalfuturescommission.org.uk/wp-content/uploads/2021/03/CRIA-Report-revised-final.pdf.

16 Lisa Payne, ‘ENOC Synthesis Report: Child Rights Impact Assessment’ (Strasbourg: European Network of Ombudsman for Children (ENOC), November 2020), http://enoc.eu/wp-content/uploads/2020/12/ENOC-Synthesis-Report-on-CRIA-FV.pdf.

17 Payne.

18 Mukherjee, Pothong, and Livingstone, ‘Child Rights Impact Assessment: A Tool to Realise Child Rights in the Digital Environment’.

19 United Nations Committee on the Rights of the Children, ‘General Comment No. 2 (2002): The Role of Independent National Human Rights Institutions in the Promotion and Protection of the Rights of the Child’, Thirty-Second Session (13–31 January 2003) (Geneva: United Nations Committee on the Rights of the Children, 2002).

20 European Network of Ombudspersons for Children, ‘Position Statement on “Child Rights Impact Assessment (CRIA)” Adopted by the ENOC 24th General Assembly, 18th November 2020’, 18 November 2020, http://enoc.eu/wp-content/uploads/2020/11/ENOC-2020-Position-Statement-on-CRIA-FV-1.pdf.

21 European Network of Ombudspersons for Children, ‘Common Framework of Reference on Child Rights Impact Assessment. A Guide on How to Carry out CRIA’, November 2020, http://enoc.eu/wp-content/uploads/2020/12/ENOC-Common-Framework-of-Reference-FV.pdf.

22 Maren Backbier et al., ‘A Children's Rights Approach: Recommendations to the Scottish Government on Refining Children's Rights and Wellbeing Impact Assessments in Scotland’ (Edinburgh: LLM Human Rights Clinic, Edinburgh University Law School, May 2019), https://www.togetherscotland.org.uk/media/1302/crwia-report-group-a-214.pdf.

23 Lisa Payne, ‘Child Rights Impact Assessment as a Policy Improvement Tool’, The International Journal of Human Rights 23, no. 3 (16 March 2019): 408–24, doi:10.1080/13642987.2018.1558989.

24 Mukherjee, Pothong, and Livingstone, ‘Child Rights Impact Assessment: A Tool to Realise Child Rights in the Digital Environment’.

25 Marta Foresti, Helen Baños Smith, and Harry Jones, ‘Towards a Suite of Tools for Ex Ante Child Rights Impact Assessment. Concept Note for UNICEF’ (London: Overseas Development Institute, 2009), http://criacommunity.org/wp-content/uploads/gravity_forms/1-1baf9042c4fceeee12b9dcd57a5f0b68/2015/10/Ex-ante-CRIA.pdf.

26 Payne, ‘Child Rights Impact Assessment as a Policy Improvement Tool’.

27 Payne, ‘ENOC Synthesis Report: Child Rights Impact Assessment’.

28 Lisa Payne, ‘Child Rights Impact Assessment (CRIA): A Review of Comparative Practice across the UK’ (London: UNICEF UK, 2017), https://www.unicef.org.uk/publications/unicef-uk-cria-2017/.

29 Lisa Payne, ‘SUII Seminar #3: CRIA → CRWIA: Embedding CRWIA into National Frameworks’, CRIACRWIA: Embedding CRWIA into National Frameworks (blog), 19 April 2017, https://togetherscotland.blog/2017/04/19/cria-%E2%86%92-crwia-embedding-crwia-into-national-frameworks/.

30 Mukherjee, Pothong, and Livingstone, ‘Child Rights Impact Assessment: A Tool to Realise Child Rights in the Digital Environment’.

31 Mukherjee, Pothong, and Livingstone.

33 Scottish Government, ‘Progressing the Human Rights of Children in Scotland: An Action Plan 2018–2021’, 2018, https://www.gov.scot/publications/progressing-human-rights-children-scotland-action-plan-2018-2021/; Scottish Government, ‘Progressing the Human Rights of Children in Scotland: An Action Plan 2018–2021. Progress Report 2020’, 2020, https://www.gov.scot/publications/progressing-human-rights-children-scotland-action-plan-2018-21-progress-report-2020/.

34 Scottish Government, ‘Child Rights and Wellbeing Impact Assessment (CRWIA) Coronavirus (Scotland) Bill’, 2020, https://www.gov.scot/publications/coronavirus-scotland-bill-child-rights-welfare-impact-assessment/.

35 Council of Europe Children's Rights Division, ‘COVID-19 Pandemic Responses. Lessons Learnt from Management and Adaptation to Ensure That Children Are Treated as Rights Holders during the Pandemic and beyond. Irst Thematic Exchange of Views of the Steering Committee for the Rights of the Child (Videoconference, 26 June 2020) Summary Report DENF(2020)PV2’, 2020, https://rm.coe.int/final-summary-report-covid-19-pandemic-responses/16809f8032.

36 United Nations Committe on the Rights of the Child, ‘United Nations Committe on the Rights of the Child COVID-19 Statement’, 8 April 2020, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT/CRC/STA/9095&Lang=en.

37 United Nations Office of the High Commissioner for Human Rights, ‘UN Human Rights Treaty Bodies Call for Human Rights Approach in Fighting COVID-19’, 24 March 2020, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25742&LangID=E.

38 Observatory for Children's Human Rights Scotland and Children and Young People's Commissioner Scotland, ‘Independent Children's Rights Impact Assessment on the Response to Covid-19 in Scotland’, 2020, https://cypcs.org.uk/wpcypcs/wp-content/uploads/2020/07/independent-cria.pdf.

39 Observatory for Children's Human Rights Scotland and Children and Young People's Commissioner Scotland.

40 Scottish Youth Parliament, Young Scot, and YouthLink Scotland, ‘Lockdown Lowdown – What Young People in Scotland Are Thinking About COVID-19’, 2020, https://syp.org.uk/wp-content/uploads/2020/04/lockdownlowdown-final-report.pdf.

41 ‘The Independent Care Review: The Promise’, 2020, https://www.carereview.scot/wp-content/uploads/2020/02/The-Promise.pdf.

42 Observatory for Children's Human Rights Scotland and Children and Young People's Commissioner Scotland, ‘Independent Children's Rights Impact Assessment on the Response to Covid-19 in Scotland’.

43 ‘The Independent Care Review: The Promise’.

44 Together (Scottish Alliance for Children's Rights), ‘Analysis of Scottish Government's Response to UN Committee's 11 Recommendations’, 2020, https://www.togetherscotland.org.uk/media/1529/sg_tog_covid_report_27-05-2020.pdf.

45 Scottish Government, ‘Supporting Vulnerable Children and Young People: Data Intelligence Report’, 2020, https://www.gov.scot/publications/supporting-vulnerable-children-young-people-data-intelligence-report/.

46 Jonathan Koltai et al., ‘Prevalence and Changes in Food-Related Hardships by Socioeconomic and Demographic Groups during the COVID-19 Pandemic in the UK: A Longitudinal Panel Study’, The Lancet Regional Health – Europe 6 (July 2021): 100125, doi:10.1016/j.lanepe.2021.100125.

47 Food Foundation, ‘Three Million Britons Are Going Hungry Just Three Weeks into Lockdown’, 2020, https://foodfoundation.org.uk/new-food-foundation-survey-three-million-britons-are-going-hungry-just-three-weeks-into-lockdown/.

48 Morag Treanor, ‘Poverty, Food and Digital Access’: Independent Children's Rights Impact Assessment on the Response to Covid-19 in Scotland, 2020, https://cypcs.org.uk/resources/independent-childrens-rights-impact-assessment-on-the-response-to-covid-19-in-scotland-appendix-4/.

49 UNICEF, ‘COVID-19 and Its Implications for Protecting Children Online’, 2020, https://www.unicef.org/media/67396/file/COVID-19%20and%20Its%20Implications%20for%20Protecting%20Children%20Online.pdf.

50 We Protect Global Alliance, ‘We Protect Global Alliance Intelligence Brief Impact Of Covid-19 On Online Child Sexual Exploitation.’, 2020, https://static1.squarespace.com/static/5630f48de4b00a75476ecf0a/t/5ebc58d038eb072b909874ca/1589401809129/Impact+of+COVID-19+on+Online+Child+Sexual+Exploitation.pd.

51 Scottish Government, ‘Child Rights and Wellbeing Impact Assessment (CRWIA) Coronavirus (Scotland) Bill’.

52 Scottish Children's Reporter Administration and Children's Hearings Scotland, ‘Coronavirus – Joint Statement’, 27 March 2020, https://www.scra.gov.uk/2020/03/coronavirus-joint-statement/; Social work Scotland, ‘Rights, Relationships and Resilience: A Framework for Decision-Makers to Help Children in Care Maintain Contact with their Families during COVID-19 Pandemic’, 2020, https://socialworkscotland.org/publication/connections-for-wellbeing/.

53 Scottish Government, ‘Progressing the Human Rights of Children in Scotland: An Action Plan 2018–2021. Progress Report 2020’.

Additional information

Funding

This work was supported by University of Edinburgh.

Notes on contributors

Fiona Mitchell

Fiona Mitchell, Formerly Head of Evidence and Innovation, Centre of Excellence for Children's Care and Protection. During this time, Fiona led and contributed to strengthening evidence-informed practices in child welfare and protection and was part of implementation capacity building efforts across Scotland.

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