Rights of Children and Young Persons (Wales) Measure 2011
| Measure of the National Assembly for Wales | |
 | |
| Long title | A Measure of the National Assembly for Wales to make provision for and in connection with giving further effect in Wales to the rights and obligations set out in the United Nations Convention on the Rights of the Child; and for connected purposes. |
|---|---|
| Citation | 2011 nawm 2 |
| Territorial extent | Wales |
| Dates | |
| Royal assent | 16 March 2011 |
Status: Current legislation | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Rights of Children and Young Persons (Wales) Measure 2011 (nawm 2) is an act of the National Assembly for Wales that established several provisions with regard to Welsh Ministers complying with the United Nations Convention on the Rights of the Child.
Function
[edit]The Measure places a duty on Welsh Ministers to comply with the UN Convention, and a duty to promote the convention.[1]
The Welsh Government must now consult children and young people, the Children's Commissioner for Wales and other relevant stakeholders.[1]
The Welsh Government lacks devolution over justice, so the Measure does not apply to legal aid, policing, among other policy areas. Asylum and migration policy is also not devolved, is also not devolved so the Measure also does not apply to policies regarding unaccompanied minors.[2][3]
The Measure also makes provisions for a children's scheme to ensure compliance with the convention.[1] The Measure also makes provisions for a consultation on applying the measure to people aged 18–24 - the Measure only applies to those younger than 18 at this moment.[1] This consultation did not lead to change, when it did happen, because upon consultation stakeholders indicated that the Convention "will not address these transitional problems and that there are better ways of focusing on the rights of young people aged 18-24years."[4]
History
[edit]In 2008 the four children's commissioners of the UK recommended incorporating the Convention into domestic law.[5]
On 18 January 2011, the Welsh Assembly passed Rights of Children and Young Persons (Wales) Measure 2011 partially incorporating the Convention into domestic law.[1] It only applied to devolved matters. It does not give the Convention superiority over policy and so is only a partial implementation.[6][7]
In 2014, the Welsh Government set up the Children's Rights Scheme to provide the mechanism to ensure that the Welsh Government complies with giving due regard to the convention.[8] In 2021, this was updated.[9]
See also
[edit]- Children and Young People (Scotland) Act 2014
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
- Children Act 1989
- Human Rights Act 1998
- European Convention on Human Rights
- United Nations Convention on the Rights of the Child
- Children's Commissioner for Wales
References
[edit]- ^ a b c d e Senedd Cymru – Welsh Parliament. Rights of Children and Young Persons (Wales) Measure 2011 as amended (see also enacted form), from legislation.gov.uk.
- ^ Cifuentes, Rocio (October 2022). "Annual Report: 2021/22" (PDF). Children’s Commissioner for Wales. Retrieved 2 July 2024.
Matters that have not been devolved to the Welsh Government which include immigration and asylum, welfare benefits, justice and policing, and children in the military; -Where CAFCASS (the Children and Court Advisory Service) is able to act;
- ^ Cifuentes, Rocio (October 2023). "Annual Report & Accounts: 2022-23" (PDF). Children's Commissioner for Wales. Retrieved 2 July 2024.
Policing is not a devolved matter – this means that the Children's Commissioner for Wales is unable to intervene on police issues. However, the office enjoys a constructive working relationship with police forces and criminal justice agencies across Wales as they play a significant role in children's lives.
- ^
Lewis, Huw (27 March 2013). "Written Statement - Report on Section 7 of the Rights of Children and Young Persons (Wales) Measure 2011". Welsh Government. Welsh Government. Retrieved 2 July 2024.
A clear message from stakeholders and the young people themselves was that although the period of transition from child to adult can be extremely difficult, especially for those perceived as the most vulnerable, applying the articles in the UNCRC will not address these transitional problems and that there are better ways of focusing on the rights of young people aged 18-24years.
- ^ Lewsley, Patricia; Marshall, Kathleen; Towler, Keith; Aynsley-Green, Al (March 2008). "UK Children's Commissioners' Report to the UN Committee on the Rights of the Child" (PDF). Children and Young People's Commissioner Scotland. Children's Commissioner for England. Retrieved 2 July 2024.
While there have been other more welcome developments, such as the incorporation of the European Convention on Human Rights into domestic law and the increasing reference to the UNCRC by the judiciary, for children in the UK to fully realise and enjoy their rights, the UNCRC must be incorporated into domestic law.
- ^ Northern Ireland Commissioner for Children and Young People; Children and Young People’s Commissioner Scotland; Children’s Commissioner for Wales (November 2022). "Report of the Children's Commissioners of Northern Ireland, Scotland and Wales to the United Nations Committee on the Rights of the Child: Examination of the Combined Sixth and Seventh Periodic Reports of the United Kingdom of Great Britain and Northern Ireland" (PDF). Children’s Commissioner for Wales. Children’s Commissioners of Northern Ireland, Scotland and Wales. Retrieved 2 July 2024.
Due regard falls short of full incorporation as it does not give the Convention superior status over policy.
- ^ Hoffman, Simon (March 2019). "The impact of Legal Integration of the UN Convention on the Rights of the Child in Wales" (PDF). Equality and Human Rights Commission. Retrieved 2 July 2024.
In any event, the due regard formula falls short of incorporation as it does not give the Convention superior status over policy determined by the Welsh Government.
- ^ Cuthbert, Jeff (2014). "Children's Rights Scheme 2014: Arrangements for having due regard to the United Nations Convention on the Rights of the Child (UNCRC) when Welsh Ministers exercise any of their functions" (PDF). Welsh Government. Retrieved 2 July 2024.
This section sets out the specific arrangements to make sure Ministers comply with the duty to have due regard to the UNCRC when exercising any of their functions, and the roles of different groups within and outside the Welsh Government
- ^ "Children's Rights Scheme 2014: Arrangements for having due regard to the United Nations Convention on the Rights of the Child (UNCRC) when Welsh Ministers exercise any of their functions" (PDF). Welsh Government. 13 December 2021. Retrieved 2 July 2024.
This section sets out the specific arrangements to make sure Ministers comply with the duty to have due regard to the UNCRC when exercising any of their functions, and the roles of different groups within and outside the Welsh Government
