Background to the Research

• The UK Government signed the UNCRC in 1991. The research project set out to evaluate and discuss the Government's implementation of the Convention in relation to NI and to ascertain the extent of adult's and young people's knowledge of the Convention. Funding was obtained from Save the Children and the Department of Health and Social Services.
  

Research Approach

• The report evaluates whether or not key aspects of government policy and practice in relation to children and young people are living up to the promises laid out in the Convention.

Young People

• The methodology used with young people was based on Action Research - this meant that the young people themselves were involved in designing questionnaires and evaluating the research process.
• A survey was carried out with young people via youth and teachers throughout Northern Ireland and 179 questionnaires were returned. The age of the respondents ranged from 7 to 18 years, the average age was 14 years. The data was analysed using SPSS for Windows. A total of 35 groups took part in discussions.

Adults

• A survey was carried out through the umbrella organisations of voluntary and community groups and 245 questionnaires were returned. Professionals from 60 groups working with children/young people took part in semi-structured interviews. Parents were invited to take part in interviews via schools, community centres and women's groups and one group of parents took part.
  

Main Findings

Education (Articles 28, 29 and 30 of the Convention)

• The retention of the 11+, the two-tier system of secondary education, testing at four key stages and the introduction of league tables emphasises academic achievement over other types of ability. Achievement is polarised between high achievers and non-achievers.
• Young people can be excluded from school for long periods without a means to appeal. A limited appeals procedure exists for expulsion, which gives the parents, not the child, the right to appeal.
• Within the education system ethnic groups are discriminated against, especially Traveller children.
• The criteria laid out so that Integrated and Irish Medium schools receive support from DENI discriminates against these types of schools.
• Effective choice of a school for a child with Special Educational Needs does not exist. Education and Library Boards can use the 'efficient use of resources' clause to compel parents to send their child to a Special School.
• Recommendations - The 11+ should be abolished and league tables should compare like with like. The curriculum should foster the abilities of all children.
• Young people with disabilities should have the right to mainstream education, the resources should be available to make this happen. Travellers should not be discriminated against in education.
• Greater support should be given to integrated/Irish schools. The needs of children for whom English is a second language should be more fully recognised by DENI and the needs of ethnic groups better recognised by educational authorities.
• Children who are going to be excluded should have their views heard during the process.

Health (Articles 18, 23,24,26 and 27)

• Access to health care is not universal and the allocation of resources to Health and Social Service Trusts varies. Rural children, particularly in the west of the region, are more likely to be disadvantaged in relation to the availability of hospital services.
• Members of the ethnic minorities, including Travellers, face discrimination in relation to access to health care.
• Young people's mental health suffers because they are not facilitated to deal with the impact of the Troubles.
• Young people who require hospital accommodation for mental health services are being treated in adult wards.

Youth Justice/Policing and the Right to Physical Integrity (Articles 3,6,19,37,38,39 and 40)

• The age of criminal responsibility remains at 10 years, and 17 year olds are treated as adults. Incarceration is not seen as the last resort. Adult prisons are used to accommodate some young people. Education within juvenile justice centres is of a poor standard. Emergency legislation is still in force, a child as young as 10 can be detained for up to 7 days without charge.
• Plastic bullets continue to be used by police.
• The state has not developed a comprehensive way of tackling domestic violence nor of combating bullying of children, either in the home or in school.
• Recommendations - A system of independent representation in all legal proceedings should be established. An independent complaint mechanism should be established immediately for children in custody.
• The age of criminal responsibility should be raised. 17 year olds should be considered as children in the juvenile justice system. Incarceration should be a last resort and Lisnevin Justice Centre should be closed.
• A Guardian Ad Item service should be established for criminal justice cases in order to ascertain and present what is in the child's best interests in court.
• Emergency legislation should be repealed immediately and plastic bullets not used in any circumstances.

Housing and Homelessness (Articles 6 and 27)

• The numbers of young people of 16 and 17 years old becoming homeless is rising. Housing allocation rules do not allow young people under 18 years to become tenants without a guarantor.
• Social services and the Housing Executive appear to work on the principle that 'homelessness' itself is not sufficient proof of vulnerability to warrant 'child in need' or priority status for 16 and 17 year olds.
• Recommendation - 16 and 17 young homeless people should be given priority under The Housing NI Order 1988 solely on grounds of age and they should qualify as a 'child in need' under the Children Order 1995.

Children in the Care System (Articles 3 and 12)

• The Government spends less on children in care in NI than it does in England. Children in care continue to have lower levels of educational attainment than children not in care.
• Children in the care system who have mental health problems or who have a disability are less likely to be appropriately accommodated. There are only 8 secure care accommodation places available in NI, all based at the same location. Recommendations - There needs to be greater accountability in the financing of services for children and young people. Children in NI should have parity with their counterparts in the rest of the UK in terms of government spending on personal social services.
• Small specialist units need to be created to address the needs of children in care. A geographical balance in the location of these unites must be struck.
• The educational needs of young people in care should be recognised by educational authorities.

Employment (Article 32)

• Young people are not adequately protected by the laws governing paid employment. The legislation is outdated in relation to today's work patterns.

Awareness Raising of the Convention (Article 42)

• Of the 179 young people who took part in the study, 68% had never heard of the Convention, 18% had heard of it but did not know what it was, 12% knew a little about it and 2% knew a lot about it. Only young people in 3 of the 35 groups had heard of the Convention.
• In relation to community groups, of the 245 respondents, 9% had never heard of the Convention, 30% had heard of it but did not know what it was about, 4% had a basic knowledge of it and 13% said it formed the basis of their work with children. 92% of respondents had never been offered training on the Convention and 86% would welcome more training on it.
• Recommendation - Government campaigns to raise awareness and knowledge of the Convention among children and adults are needed. The education and youth service curriculums should incorporate the UNCRC.

General Recommendations

• A system of monitoring the implementation of the Convention over the next five years should be established, based on a partnership between NGOs and government and funded by government.
• There should be a Minister and Department for children and young people in every Parliament/Assembly in the UK. Each government department should have a designated official with responsibility for implementing the Convention in each particular area.
• There should be a standing committee on children and young people. There should be a Commissioner for Children, independent of government.
• Discrimination against Travellers in the areas of health, well-being, access to services and education should be addressed. Government should not facilitate discrimination by funding separate education for Travellers. The Travellers school in Belfast should be closed.
• Segregated schools for children with disabilities should only be used where no other option exists. All service providers should take account of barriers faced by children with disabilities. Children with disabilities should not be accommodated in hospital.
• Benefit rates should be the same for all single people regardless of age.
• There needs to be a systematic approach to meet needs arising out of the conflict for children and young people. There should be an assessment and examination of best international practice.