[child-rights] CRC 31st Session: Concluding Observations on the UK's implementation of Convention

* News Release Issued by the International Secretariat of Amnesty
International *

4 October 2002
EUR 45/022/2002


On 4 October 2002 the Committee on the Rights of the Child issued
its Concluding Observations following its consideration of the
United Kingdom's (UK) second periodic report under the UN
Convention on the Rights of the Child.

       Prior to the Committee's consideration of the UK's
report, Amnesty International had submitted its concerns about
the UK's implementation of the Convention, including in
particular with respect to the right to life and not to be
subjected to torture or other ill-treatment of children and young
people in some young offenders institutions in England and Wales,
as well as the organization's concerns about the UK's continued
policy of recruiting under-18s into its armed forces and
deploying them in hostilities (see below).

       Among the positive aspects with respect to the UK's
implementation of the Convention provisions, the Committee
welcomed "the entry into force of the Human Rights Act 1998; the
peace process in Northern Ireland, pursuant to the Good Friday
Agreement, the enactment of the Northern Ireland Act 1998,
establishing the Northern Ireland Human Rights Commission, the
establishment of the police ombudsman for Northern Ireland, and
the Race Relations (NI) Order 1997.... the completion of
abolition of school corporal punishment in England, Wales and
Scotland".

       The Committee regretted the fact that many of its
concerns and recommendations following its consideration in 1995
of the UK's initial report had not been sufficiently addressed
and noted with concern the continued discrimination of children
from vulnerable groups in respect of their enjoyment of economic,
social, cultural, civil and political rights; the high number of
children living in poverty; the trafficking of children for
sexual and other type of exploitation; and the continued
retention of the defence of "reasonable chastisement" and the
lack of "significant action towards prohibiting all corporal
punishment of children in the family".

       With respect to the criminal justice system, the
Committee expressed concern, inter alia, about the following
aspects:
the use of emergency legislation in Northern Ireland;
the very low age of criminal responsibility, 8 years in Scotland
and 10 years in the rest of the UK;
that "children can be tried in adult courts in certain
circumstances";
that "young people of 17 years of age are considered as adults
for the purpose of remand";
the "increasing numbers of children in custody, at earlier ages
for lesser offences, and for longer custodial sentences imposed
by the recent[ly] increased court powers to give detention and
training orders";
"the conditions that children experienced in detention and that
children do not receive adequate protection or help in young
offender's institutions" against "violence, bullying, self harm
and suicide"; and
the high number of injuries recently sustained by children as a
result of the use of restraints in prison, and imposition of
solitary confinement on children in detention.

       With respect to under-18s in the armed forces, the
Committee expressed concern "that about one third of the annual
intake of recruits into the armed forces are below the age of 18
years, that the armed services target young people and that those
recruited are required to serve for a minimum period of 4 years
raising to six years in the case of very young recruits", and at
"the widespread allegations that young recruits have been the
victims of bullying", and that "children below the age of 18
years take direct part in hostilities overseas".

       In connection with its concerns, the Committee
recommended, inter alia, that the UK:
"incorporate into domestic law the rights, principles and
provisions of the Convention to ensure compliance of all
legislation with the Convention";
"take all necessary measures to end the detention of children in
the same facilities as adults";
"establish independent human rights institutions .... in
accordance with the Paris Principles ... to monitor, protect and
promote all the rights of the Convention for all children". These
institutions should be "empowered to investigate violations of
children's rights in a child-sensitive manner; and ensure that
children have an effective remedy for violation of their rights";
"abolish the use of plastic baton rounds [i.e. plastic bullets]
as a means of riot control";
"review the emergency and other legislation, including in
relation to the system of administration of juvenile justice, at
present in operation in Northern Ireland to ensure its
consistency with the principles and provisions of the Convention";
"review the use of restraint and solitary confinement in custody,
education, health and welfare institutions";
"repeal Section 28 of the Local Government Act 1986, where it
applies";
"refrain as a matter of policy from detaining unaccompanied
minors and ensure the right to speedily challenge the legality of
the detention";
"ensure that refugee and asylum-seeker children have access to
basic services, such as education and health and that there is no
discrimination in benefit entitlements for asylum seeking
families which could affect children";
"ratify the Optional Protocol on the Involvement of Children in
Armed Conflict and take all necessary measures to prevent the
deployment of persons below the age of 18 years in the
circumstances referred to in the declaration made upon signature
by the State party keeping in mind the object and purpose of the
Optional Protocol"; and
"establish a system of juvenile justice that fully integrates
into its legislation, policies and practice the provisions and
principles of the Convention", including by raising the minimum
age for criminal responsibility, ensuring "that no child can be
tried as an adult irrespective of the circumstances or the
gravity of his/her offence", ensuring "that detention of children
is used as a measure of last resort and for the shortest
appropriate period of time and that children are separated from
adults in detention".

For more information, please see:
United Kingdom -- Failing children and young people in detention,
AI Index: EUR 45/004/2002,
http:web.amnesty.org/ai.nsf/recent/eur450042002;
United Kingdom -- U-18s: Report on Recruitment and Deployment of
Child Soldiers, AI Index: EUR 45/057/2000,
http:web.amnesty.org/ai.nsf/recent/eur450572002.


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