Crae (2013) the state of children's rights

CRAE has produced an annual State

of Children’s Rights in England

report since 2003. This report is the

eleventh in the series. It summarises

The eleventh version includes

children’s rights developments from

December 2012 to November 2013.

CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND

The UN Committee on the Rights of the Child

is the highest authority on the Convention on

the Rights of the Child.

In October 2008, it issued 118

recommendations in relation to the

improvement of children’s rights in England.

CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 05

International treaties ratified by the United Kingdom are

not usually directly incorporated into UK law. In general,

the UK complies with its international obligations by

enacting or amending domestic legislation to ensure

compatibility with its treaty obligations.

The failure to incorporate the UNCRC into a domestic

Bill of Rights means that children’s rights are not

justiciable as such in the domestic courts.

Nor can children complain to the UN Committee on the

Rights of the Child in relation to a breach of their rights.


“We believe we need to tackle the unfairly negative

portrayal of young people within our society. This is evident

through the use of stereotypes in the media that label

young people as yobs or thugs, and also the use of the

mosquito device in communities to move young people

away from public places. We think a young people’s press

service should be established to combat negative reporting

and that the Press Complaints Commission should

recognise ageism against young people as discrimination”.


The number of children in the UK living in

poverty is expected to rise by around 700,000,

from 2.3 to 3 million, between 2010 –11 and

2015.

The Social Mobility & Child Poverty Commission,

in its October 2013 State of the Nation report, is

‘sceptical that economic, welfare and childcare

reforms will be enough, on their own, to allow

the Government to hit its child poverty target by

2020’.


CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 21-2

The infant mortality rate continues to fall. In 2011, there were 4.2 infant deaths per 1,000 live births – the lowest ever recorded in England and Wales

The most recent ONS figures show that infant mortality still varies significantly according to socio-economic group, with rates being highest for babies with fathers employed in semi-routine occupations (for example, shop assistants or care assistants) at 4.9 deaths per 1,000 live births, and lowest for those employed in the managerial and professional

The ONS suggests this may be caused by a link between deprivation, poor maternal health, and low birth weight.

There continues to be considerable differences in life expectancy according to geography, characterised by a north-south divide: A boy born in East Dorset has an average life expectancy of 83.0 years. A boy born in Blackpool can expect to live 73.8 years. A girl born in East Devon has an average life expectancy at birth of 86.4 years. A girl born in Manchester has an average life expectancy of 79.3 years.95

CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page

A review of health services for children across 15 countries in the EU has found that the UK has the highest number of excess child deaths a year, with more than 2,000 families losing a child each year, arguably avoidably.

It highlights that over five more children die each day in the UK compared with Sweden – referred to as a ‘national scandal’ by the researchers.

The report also found that the UK has the highest prevalence of asthma out of eight European countries, as well as one of the highest child death rates from pneumonia –twice as high as Sweden’s and three times those of France and Austria, even though the condition can be treated with antibiotics.

The report criticises the UK’s health system, saying it has not adapted to meet children’s needs.

CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page

CREA, 2013, STATE OF CHILDREN’S RIGHTS IN ENGLAND: Page 23; 29-30

Coventry SCR: Daniel’s voice was not heard throughout

this case


Injunctions to Prevent

Nuisance and Disorder

Anti-Social

Behaviour Order

on the

balance of

probabilitiesbeyond

reasonable

doubt

Change in legal

standard of proof

Under the Anti-social Behaviour, Crime and Policing Bill,

Injunctions to Prevent Nuisance and Disorder (IPNA) and

Criminal Behaviour Orders (CBO) are two of the orders which

will replace the Anti-Social Behaviour Order (ASBO) and other

civil orders.

The wider definition of anti-social behaviour applicable to

IPNAs (conduct ‘capable of causing nuisance and

annoyance’, compared with conduct ‘causing (or likely to

cause) harassment, alarm or distress’) will inhibit normal

childhood behaviour, such as play.

Applicants for an IPNA will need to satisfy the civil standard of

proof (‘on the balance of probabilities’) rather than, as

currently, the criminal standard (‘beyond reasonable doubt’);

Although successive Governments including the present

one, have increased support for children in the care

system, outcomes for looked after children remain

dispiritingly poor:

For example, 34% of 19 year-old care-leavers were not

in education, employment or training (NEET), compared

to the national average for 18 year-olds of 14%.

86% of children in care think it is important to keep

siblings together, but 63% of children in the care

system, whose siblings are also in care are separated

from them.


Only 66% of poor children, 43% of children with SEN, 76% of BME children and 50% of looked after children achieved the expected level in English and mathematics at Key Stage 2, compared to the national average of 79%.

Only 36.3% of poor pupils, 22.4% of pupils with SEN and 15% of looked after children achieved 5+ A*-C at GCSE or equivalent including English and mathematics, compared to the national average of 58.8%.

Pupils with SEN (but no statement) are eleven times more likely to receive a permanent exclusion than pupils with no SEN.

Poor children are four times more likely to receive a permanent exclusion than other pupils.

22.4% of children are bullied daily, with disabled children and children from sexual minorities most at risk of bullying.


Sex education is compulsory within maintained secondary schools, but apart from the requirements of the science programme of study, schools are free to determine what and how they teach it. Practice is poor.

A survey carried out by Research Now, on behalf of the National Association of Head Teachers, showed that 88% of parents said sex education and lessons on adult and peer relationships should be mandatory in schools.

A YouGov poll found that 86% of parents thought lessons should cover how to develop ‘respectful relationships’.

Teaching on relationships is not currently satisfactory. The End Violence Against Women Coalition, published a report calling for a statutory obligation on schools to address violence against women and girls and gender equality in the curriculum.


Impact of poverty

Geographic differences in children’s outcomes

Disparity of outcome in terms of:

Wealth

Parents occupation

Health including obesity

Mental health

Being in care/leaving care

Special Educational Needs

Broadening the application of ‘anti-social behaviour’

‘Creeping up’ police use of tasers on children.

Higher infant mortality in comparrison with other countries

The fact that the UNCRC does not have legal jurisdiction in the UK

Whether or not we consider the previous disparities

between different groups of children to be acceptable or

not depends upon our underpinning constructions of

‘social justice’.

Further, how much social inequality should a member

state accept before stepping in and making provision to

‘level the playing field’?

Crae (2013) the state of children's rights

Education

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