On the 16 March 2011 Rights of Children and Young Persons (Wales) Measure received Royal Assent. The Measure places a duty on Welsh Ministers to have due regard to the United Nations Convention on the Rights of the Child (UNCRC), and makes a number of other provisions relating to children’s rights in Wales.

The UN Convention on the Rights of the Child (UNCRC) was ratified by the UN General Assembly in 1989 and by the UK in December 1991. It was developed to ensure that universal rights of children are upheld throughout the world.  Governments report on their implementation of the UNCRC to the UN Committee on the Rights of the Child every five years. The UK Government’s most recent report was issued in 2007.   Following the government reports the UN Committee on the Rights of the Child issues its Concluding Observations about the report.

The Welsh Assembly Government formally adopted the United Nations Convention on the Rights of the Child to provide a foundation of principle for dealings with children in a plenary debate in January 2004.  The intention to consider introducing legislation enshrining the UNCRC into law in Wales was announced by the then First Minister, Rhodri Morgan in July 2009, and this Measure was developed as a result of that.

Duty to have due regard to Convention on the Rights of the Child

The Measure places a duty on the Welsh Ministers (including the First Minister) to have regard to the UNCRC.  Between May 2012 and April 2014 this duty will apply when they are making decisions about new policy or changing existing policies.  However from the beginning of May 2014 this it will apply when they are exercising any of their functions.

The Children’s Scheme

Welsh Ministers will have to produce a Children’s Scheme setting out the arrangements they have made or will be making in order to carry out the duty of having regard to the UNCRC.  This scheme might require Welsh Ministers to publish reports about how well it is operating. When the UN Committee issues its Concluding Observations the Welsh Ministers will have six months to consider whether the scheme needs to be revised or rewritten.

When preparing the Scheme Welsh Ministers will have to have regard to reports and recommendations made by the UN Committee of the Rights of the Child.  They will have to publish a draft version of the scheme and consult with children and young people, the Children’s Commissioner for Wales and other appropriate bodies.  The scheme will also have to be approved by the National Assembly for Wales.

Reports

Welsh Ministers will have to publish reports on how they have complied with the duty to have due regard to the UNCRC.  The first report will have to be published by 31 January 2013 and subsequent report will have to be published every five years (though the frequency of this could be changed through the Children’s Scheme).

Promoting Knowledge of the UN Convention

The Measure also places a duty on Welsh Ministers to take appropriate steps to promote knowledge and understanding of the UNCRC amongst the public, including children.

Power to Amend Legislation

The Measure gives Welsh Ministers to powers to make orders which will amend legislation in order to improve children’s rights.  This could happen if one of the reports mentioned above concluded that better effect would be given to children’s rights by amending the legislation.

Young People

The UNCRC applies to children under 18 years, However the Measure requires Welsh Ministers to consider whether any of its provisions should also be applied to young people in the 18 to 24 year old age range.  The Children’s Scheme will have to include a statement about the Minister’s proposals to consult on this and Ministers will have to publish a report about their conclusions.  They will then be in a position to make orders enabling the provisions in the Measure to be applied to young people.  Before making a such orders Welsh Ministers would have to publish and consult on a draft order.