UNCROC AND ANGLO-AMERICAN COUNTRIES
The global international NGO Kidsrights Index 2021 (https://kidsrights.org), developed in collaboration with the Erasmus School of Economics and the International Institute of Social Studies in the Netherlands, uses UN data to measure how children’s rights are respected worldwide, and the extent to which countries are committed to improving them. So which countries are the best at protecting children’s rights? Some you’ll likely know, but some rankings may surprise or shock you.
The United Nations Convention on the Rights of the Child (UNCROC) was adopted by the United Nations in 1989. It is legally binding in international law, and has been ratified by all members of the United Nations with the exception of the US (Somalia was the most recent country to ratify it in 2015). The Convention is an agreement between countries and a touchstone for children’s rights throughout the world. Implementation is subject to periodic review, usually every five years, by the United Nations Committee on the Rights of the Child.
Notwithstanding reservations entered by a minority of individual countries, the 54 articles of the Convention provides a comprehensive framework for children and young people under the age of 18 and gives them over 40 economic, social, cultural, civil and political rights. These are often characterised as relating to provision, protection and participation.
Internationally UNCROC has been strongly profiled in relation to those in residential and foster care. Article 20 specifically concerns “the right to special protection and support for children who cannot live with their parents”. As such, the Convention makes it clear that the state has additional obligations to provide children in OOHC with special support and assistance. Article 25 also specifically relates to children placed away from home and provides children and young people with the right to have their circumstances regularly reviewed.
Importantly, many of the other articles have a specific relevance to children and young people in OOHC, for example the right to: identity (article 8); freedom of expression (article 13); freedom of thought, conscience and religion (article 14); privacy (article 16); special care and education for those with a disability (article 23); the highest attainable standard of health care (article 24); an adequate standard of living (article 27); education (article 28); protection from sexual exploitation and abuse (article 34); help and support for abuse and maltreatment (article 39) and a range of protections for children accused of breaking the law (article 40).
Beyond these individual rights, there is also now greater recognition that under UNCROC, signatories have a number of broader responsibilities towards those in state care and to care leavers arising (including those aged 18 and over) from the Guidelines for the Alternative Care of Children which was adopted in 2010; sections 131 to 136 of these guidelines specifically relate to preparation for leaving care and post-discharge (whether planned or unplanned) support.
So according to the Kidsrights Index 2021, which are the top ten countries from the 182 countries included, for protecting children’s rights? I should first say that in line with UNCROC, the UN Committee on the Rights of the Child takes into account the development level and/or implementation capacity of State parties, and so this is reflected in the UN data that is the basis for the Index). Here they are:
Iceland
Switzerland
Finland
Sweden
Netherlands
Germany
Slovenia
France
Denmark
Thailand.
I would have expected to see the Scandinavian countries on this top 10 list (and Norway is 14). To those of you from these northern European countries, and I’d be very interested to hear whether this reflects your reality. However, most of you will be in Anglo-American countries. So where did these countries come? If not the top 10 maybe the top 20? Top 30? Top 40?
The Republic of Ireland came in at 46. Canada was 54. Australia featured at 134 with New Zealand and the United Kingdom at 168 and 169 respectively. The United States, having not ratified UNCROC, was of course not included at all.
Is that what you would have expected? Why have Anglo-American countries performed so badly on this Index? What might we learn from others?
And how is UNCROC used to improve the lives of children and young people by your organisation, and... by you?