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Implementation of UN CRC Submission to the UN Committee on the Rights of the Child 88th Session on the Sixth Periodic Report of the United Kingdom of Great Britain and Northern Ireland on compliance with the UN Convention on the Rights of the Child List of Issues November 2020 Table of Contents 1.0 Introduction ............................................................................. 5 2.0 Article 2 – Non-discrimination ..................................................... 5 Discrimination in the provision of goods, facilities and services ............ 5 4.0 Article 4 – Implementation of UN CRC ......................................... 6 Implementation within domestic law................................................. 6 Bill of Rights .................................................................................. 6 UK’s withdrawal from the EU ........................................................... 7 Child-specific strategies .................................................................. 8 NI Commissioner for Children and Young People ................................ 8 5.0 Article 6 – Right to Life .............................................................. 9 Infant mortality ............................................................................. 9 6.0 Article 12 – Right to Express Views ........................................... 10 Participation of children ................................................................ 10 7.0 Article 16 – Right to Privacy ..................................................... 11 Stop and search ........................................................................... 11 Anonymity .................................................................................. 12 8.0 Article 18 – Childcare Services .................................................. 12 Childcare provision ....................................................................... 12 Childcare strategy ........................................................................ 13 9.0 Articles 19 and 37 – Torture, Abuse and Exploitation ................... 14 Spit and bite guards ..................................................................... 14 Physical punishment of children ..................................................... 14 Domestic abuse ........................................................................... 15 Female Genital Mutilation .............................................................. 16 Intersex Genital Mutilation ............................................................ 17 Bullying ...................................................................................... 17 Paramilitary activities ................................................................... 18 10.0 Articles 20, 21 and 25 – Children in Care................................. 19 Children in care strategy ............................................................... 19 2 Children reported missing from care ............................................... 19 Adoption ..................................................................................... 20 Foster care .................................................................................. 20 11.0 Article 22 – Refugee Status ................................................... 21 Refugee resettlement and integration ............................................. 21 Refugee integration ...................................................................... 22 12.0 Article 23 – Children with Disabilities ...................................... 22 Supported employment ................................................................ 22 Autism strategy ........................................................................... 23 13.0 Article 24 – Health ................................................................ 24 Mental health .............................................................................. 24 Mental capacity ............................................................................ 25 Termination of pregnancy ............................................................. 26 Relationships, sexuality and gender identity education ...................... 28 14.0 Article 26 – Social Security .................................................... 28 Cumulative impact assessment ...................................................... 28 Two-child limit ............................................................................. 29 Mitigation package ....................................................................... 30 15.0 Article 27 –Adequate Standard of Living .................................. 31 Child poverty ............................................................................... 31 Housing ...................................................................................... 32 Access to food ............................................................................. 33 Asylum financial support ............................................................... 34 16.0 Articles 28 and 29 – Education ............................................... 34 Use of restraint ............................................................................ 34 Special educational needs ............................................................. 36 COVID-19 ................................................................................... 37 Academic selection ....................................................................... 39 Traveller, Roma and children from migrant families .......................... 40 Integrated education .................................................................... 40 Shared education ......................................................................... 41 3 17.0 Article 31 – Rest and Leisure ................................................. 41 Travellers’ accommodation ............................................................ 41 18.0 Article 32 – Employment ....................................................... 42 Pathway programmes ................................................................... 42 19.0 Article 40 – Criminal Justice System ....................................... 42 Age of criminal responsibility ......................................................... 42 Remand of children ...................................................................... 43 Regional Care and Justice Campus ................................................. 45 20.0 Article 34 – Sexual Exploitation .............................................. 45 Child sexual exploitation ............................................................... 45 Child marriage ............................................................................. 46 21.0 Optional Protocol – Armed Conflict.......................................... 47 4 1.0 Introduction 1.1 The Northern Ireland Human Rights Commission (NIHRC) is one of three A-status National Human Rights Institutions in the United Kingdom (UK). Established in 1999, the NIHRC reviews the adequacy and effectiveness of law and practice relating to the protection of human rights in Northern Ireland (NI).1 This submission considers the protection of human rights in NI in the context of the UN Convention on the Rights of the Child (the Committee). In this submission, the NIHRC proposes questions that the Committee may wish to ask the UK. 1.2 Due to the word limit, this submission refers to children throughout when referencing children and young people. 2.0 Article 2 – Non-discrimination Discrimination in the provision of goods, facilities and services 2.1 The Committee previously recommended that the UK, including NI, expand legislation to protect all children against discrimination.2 2.2 Discrimination on the basis of age is prohibited regarding employment and vocational training,3 however there remains no prohibition on discrimination in the provision of goods, facilities and services in NI based on age.4 2.3 What effective measures are being taken to ensure non- discrimination in the provision of goods, facilities and services in NI based on age? 1 The NIHRC was established pursuant to Section 69(1) the NI Act 1998. 2 CRC/C/GBR/CO/5, ‘UN CRC Committee Concluding Observations on the Fifth Periodic Report of the UK of Great Britain and NI’, 12 July 2016, at para 22. 3 Employment Equality (Age) Regulations (NI) (2006). 4 This refers to non-discrimination, save where there is an objective justification. 5 4.0 Article 4 – Implementation of UN CRC Implementation within domestic law 4.1 In NI, a piecemeal approach towards implementation of the UN CRC into domestic law exists. For example, child-related legislation may refer to the best interests of the child.5 There is disparity across the UK – England adopts a similar approach to NI, citing that “existing legislation already protects human rights”,6 Wales places a duty on Ministers to have due regard to the UN CRC when developing child- related policies,7 and Scotland is working towards incorporating UN CRC into domestic law.8 4.2 What concrete steps are being taken to ensure full implementation of UN CRC within domestic law in NI and consistency across the UK? Bill of Rights 4.3 The Committee previously recommended that the UK expedites the process of the Bill of Rights for NI.9 4.4 A Bill of Rights for NI is the “missing piece in the jigsaw” of the implementation of the Belfast (Good Friday) Agreement 1998, which is more crucial in the context of the UK leaving the EU.10 Additionally, “the impact of the Troubles is still felt heavily” on children
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