Proposed new law to protect the rights of the child needs to go further

26 October 2010

The National Assembly for Wales’s Legislation Committee No. 5 has backed, in principle, the Welsh Government’s proposed Rights of Children and Young Persons Measure.

The proposed Measure aims to place the rights of the child firmly at the centre of government decision making by compelling Welsh Ministers to have due regard to the United Nations Convention of the Rights of the Child (UNCRC) when implementing policy.

However, the proposed Measure specifies that Welsh Ministers would only need to apply the due regard duty when making ‘relevant decisions’, which are decisions of a ‘strategic nature’.

The committee believes the proposed Measure should be strengthened and Welsh Ministers should have due regard ‘when exercising their functions’.

“As a Committee we welcome the intent behind this proposed Measure, and welcome the intentions of the Welsh Government to enshrine the rights of children and young people in the thinking of government when it takes policy decisions,” said Committee Chair, Mark Isherwood AM.

“While the Committee agrees with the general principles of the proposed Measure, we feel it could be strengthened to ensure that it is considered across all decisions taken by Welsh Ministers.”

As well as imposing a duty on Welsh Minsters to pay due regard to the UNCRC, it will also make provision about:

• the preparation of a Children’s Scheme to ensure compliance with the proposed Measure;

• the Welsh Government being required to report about its compliance with the duty;

• promoting knowledge and understanding of UNCRC;

• amending legislation to give further or better effect to the UNCRC;

• consultation on the possible application of the proposed Measure to persons who have reached 18 but are not yet 25.