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CONVENTION ON THE RIGHTS OF THE CHILD
UN COMMITTEE CONCLUDING OBSERVATIONS
(October, 2003, Plain English text)
Introduction
The New Zealand government (Government) met with the UN Committee (Committee) in September 2003 to discuss how New Zealand was meeting its agreement to protect and provide for the children in New Zealand. The Committee issued its response known as the “Concluding Observations” in October 2003.
We set out a plain English text version under the 10 major headings required by the Committee. The numbers in the paragraphs refer to the paragraph numbers of the Concluding Observations.
1. General Measures (4-19)
The Government should act on matters discussed in the previous session when the Committee met with them last time. The children of Tokelau need to be included under the Convention and the Government needs to keep talking with the people of Tokelau to improve the protection of those children. All the laws in New Zealand need to be studied to ensure that they are fair in responsibilities given to children and that they respect the rights of all children. The Government should make sure that they have enough money and resources to get things done. The Children’s Commissioner and the Human Rights Commissioner should keep working together to make sure they have enough people and funding to get their work done properly. Detailed statistics should be available to ensure children at risk can be protected. Children and adults need education and training about the Convention and how to make it work; that means teachers, judges, MPs, the police, people who work for the government, social workers, doctors and nurses, counsellors, and people who work with children in the community
2. Definition of the child (20, 21)
The ages set out in the legislation need revision. There are some big questions to be answered, like at what age should a child be treated as an adult in criminal cases? The 1989 Children Young Persons and their Families Act needs to be changed so that all young people under the age of 18 are considered children. The government must agree about a minimum age for child employment.
3. General Principles (22-26)
The general principles talk about treating every child fairly and how important it is for every child to be heard and to have you’re his/her views taken seriously. That means regardless of what language you speak, your culture, your abilities, and your circumstances.
4. Civil rights and freedoms (responsibilities) (27-30)
The part of the report reminds the government and the people in New Zealand that children need protection from all forms of abuse and ill treatment. The government needs to provide practical help to schools, communities and to families, especially those who are in difficulty. That means that they need to think about education for the adults and the children about what children’s rights and responsibilities are in a fair and just society. The Committee was very clear that New Zealand should stop corporal punishment.
5. Family environment and alternative care (31-34)
Government needs to provide adequate money and also professional people to ensure the safety of children who are at risk and who are in difficult circumstances. The laws about adoption need revision. Support for Maori children to be Maori is important for all people in Aotearoa New Zealand to understand.
6. Basic health and welfare (35-42)
To promote and protect children’s health and well being requires special planning and coordination. There need to be enough professional staff with the right information about the issues. Special work and people are needed to reduce the harm of alcohol and drugs, and to support children who are poor, or who have health problems. The government needs to make sure that there are enough resources for these people to do the work.
7. Education, Leisure and Cultural Activities (43, 44)
It is important to ensure that all children get a good education. This means that there needs to be opportunities for bilingual education for Maori, special support for children with special needs and abilities, and also for children and young people who are somehow disadvantaged or who find the school system difficult.
8. Special Protection Measures (45-50)
Refugee children need special support and attention so that they can participate. Children who are working, need protection while they are at work. That means better laws and policies in the work place. Those children in conflict with the law require special treatment to ensure that their rights are protected and they are supported through the court process and when they are sentenced. .
9. Optional Protocols (new guidelines for the Convention)
The Government should sign up to the agreement on prevention of the sale of children, child prostitution, and child pornography.
10. Sharing information
It is important that all the information about the Convention and how it works is easy for children and adults to understand.
15 February 2007
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