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Children
are Unbeatable! Northern Ireland Update Progress towards achieving CAU! Aims in Northern Ireland • To support
parents to use a non-violent approach to discipline Political and Legal Developments The Office
of Law Reform (OLR) The paper
was clearly an attempt to establish an informed basis for the debate as
stated in the foreword. • Emphasis
on evidence-based research, particularly Sweden and encouragement for
evidenced-based submissions Document outlined options for legal reform – Leave the matter to the courts Limit the defence of reasonable chastisement Remove the reasonable chastisement defence – document suggests that this would “procedurally be the simplest option and would give adults and children equal protection in law” Other
Aspects Initial Feedback from OLR • Responses have been polarised – either no legal reform or full legal reform. • There has been a great deal of interest expressed in developing support for parents through public education. OLR will now publish an analysis of the responses to the consultation exercise undertaken and plan to work on developing policy proposals, which will include support for families. Proposed Bill of Rights for Northern Ireland The Northern Ireland Human Rights Commission (NIHRC) has proposed a number of general interpretative clauses designed to guide the interpretation of the more detailed clauses in its proposed Bill of Rights for the protection of the rights of children. These include the requirement that in all actions concerning children, whether undertaken by public or private institutions, individuals or bodies, courts of law, administrative or legislative authorities, the best interests of the child shall be the paramount consideration. In addition, NIHRC proposed that public bodies, including the courts, should carry out their functions in relation to children in accordance with UN Convention on the Rights of the Child. NIHRC proposes the principle that every child should grow up in a stable and safe family environment. Draft Bill of Rights also proposes the following rights for children: 1. “Every child has the right to be protected from all forms of physical, emotional or mental violence, inhuman or degrading treatment or punishment, injury or abuse, neglect or negligent treatment, bullying, maltreatment or exploitation, including sexual exploitation or abuse. 2. Such protection shall include the taking of all necessary legislative, administrative, social and educational measures, the establishment of effective programmes for the identification, reporting, referral and investigation of such abuse and for the care and treatment of victims and the independent monitoring of those programmes.” These clauses carry the possibility for individual children in the Bill of Rights for a right to personal and / or physical integrity. In addition, the proposed clause on harassment will also offer protection to children and reads as follows: “Harassment or bullying shall be deemed to be a form of discrimination when unwanted conduct related to any of the grounds referred to in clause 4(4) (the non-discrimination clause) takes place with the purpose or effect of violating the physical integrity or dignity of a person, or of creating an intimidating, hostile, degrading, humiliating or offensive environment. Both NIHRC and the Equality Commission (NI) clearly recommended in their submissions to OLR the removal of the defence of reasonable chastisement. Commissioner for Children and Young People in Northern Ireland Legislation is presently proceeding through Westminster since the collapse of the institutions in October 2002 and the withdrawal of devolved government. The appointment of a Commissioner whose role as an advocate for children who has formal investigation powers could prove to be a powerful ally in addressing possible breaches of children’s rights in relation to physical punishment. Strategy for the Rights and Needs of Children in Northern Ireland The Office of the First Minster and the Deputy First Minister (OFMDFM) are presently consulting on an over-arching 10 year strategy in relation to all children in Northern Ireland. This presents an opportunity for CAU! to continue to lobby for legislative change as well as the development of a regional parental support strategy which includes public education on positive discipline. Campaign Support / Strategy CAU! and The Children’s Law Centre (NI) hosted a seminar in October 2002 with Dorothy Rowe as quest speaker on ‘Promoting Positive Parenting’. Other presentations included the Office of Law Reform, Northern Ireland Human Rights Commission and the Equality Commission (NI). This had a significant impact on membership, which has since risen to 185 individuals and organisations, notably among Sure Start pilots. CAU! in Northern Ireland are now planning a second high profile public seminar on Love and Discipline – Alternatives to Physical Punishment in April 2003 with guest speaker Stephen Biddulph. We have produced badges for the local campaign and we have produced a promotional leaflet and information pack, which is sent to all new members. We have targeted specific sectors e.g. churches, political parties and have began a series of face-to-face meetings to begin a process of dialogue with potential allies in order to widen our support base. We undertook a trawl of OLR responses to identify potential supporters / sympathetic submissions / unlikely opposition and have written to a number of voluntary and statutory organisations asking them for their support and / or meetings to clarify their positions. This has added significantly to our membership from the statutory sector. CAU! are meeting with Police Service NI to discuss the charging guidelines. The process around the OLR consultation and the public events has helped to ‘gel’ the CAU! Strategy group. This sense of solidarity is essential in terms of building a shared value base as well as a long term campaign which is inclusive of new members as well as recognising them and sustaining the contribution of funding members, particularly Barnardo’s, NSPCC and SCF. There is, however an urgent need to widen the campaign base and specifically to involve parents / parents groups who can speak on behalf of the campaign in the future. The relationship between CAU! and the Office of Law Reform has been a very positive one in terms of opening up the public debate and discussion in a constructive and inclusive manner. At both UN and European level, the international legal context is critically important in terms of guiding domestic law and reinforcing the need to serve human rights standards and equality obligations. Future Plans Strategic Direction CAU! is planning a Strategy Day in February 2003 to look at a longer term campaign with particular reference in this next phase on the family support / positive parenting aspect of the campaign. We plan to continue to liase closely with the Office of Law Reform as they publish their analysis of the consultation and present their policy proposals. A funding sub-group has been set up to seek funding for a dedicated resource person with administrative support. PAULINE LEESON |
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