Tag: Convention on the Rights of the Child

The government has failed to protect the human rights of children

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The UK has plummeted from 11th position to 156th in global ranking for meeting its children’s rights obligations in the space of just a year. The UK now ranks among the bottom 10 global performers in the arena of improving the human rights of the child, after it achieved the lowest possible score across all six available indicators in the domain of Child Rights Environment (CRE), according to the KidsRights Index 2017.

The Index gathers data from Unicef and the United Nations Committee on the Rights of the Child (UNCRC) to identify global trends in the arena of children’s rights protection. It comprises a ranking for all UN member states that have ratified the UN Convention on the Rights of the Child, a total of 165 countries. 

The report says that a nation’s prosperity does not always guarantee children’s rights. Interestingly, economically better performing countries are not necessarily doing a better job when it comes to safeguarding the rights of children.

This year’s overall worst performing countries are the United Kingdom, Papua New Guinea, New Zealand, Guinea-Bissau, Equatorial Guinea, Chad, Vanuatu, Sierra Leone, Afghanistan and Central African Republic.

Very serious concerns have been raised about structural discrimination in the UK. Muslim children are facing increased discrimination following recent anti-terrorism measures, and a rise in discrimination against gypsy and refugee children in recent years.

The KidsRights Index is comprised of 5 domains: 

  1. Right to Life
  2. Right to Health
  3. Right to Education
  4. Right to Protection
  5. Enabling Environment for Child Rights

Marc Dullaert, founder and chairman of the KidsRights Foundation, has urged the UK government to treat non-discrimination as a policy priority, and to speed up the process of aligning its child protection laws with the Convention on the Rights of the Child at both the national and devolved levels, as well as in all crown dependencies.

He said: “Discrimination against vulnerable groups of children and youths is severely hampering opportunities for future generations to reach their full potential.” 

“Following the general election, the new government should demonstrate to the world that it will not allow the retreat from the EU to adversely affect the rights and opportunities of its children.” 

In light of the findings, Lord Philip Hunt, shadow deputy leader of the House of Lords and shadow health spokesperson, accused the Government of “inactivity” and “inadequate service provision”, urging it to do more to protect the rights of the child.

He said: “This report exposes the inactivity of the current UK government and inadequate service provision in this most important area of policy making; rights of the child.” 

“The UK is the sixth largest economy globally and therefore has the resources at its disposal to ensure that our children are adequately protected and cared for across multiple disciplines. Our children are our future and the barometer of our approach to social justice and the state of our society.”

Although many states have adopted new children’s rights policies in recent years, the Index reveals that implementation is often not evident, and many new policies fail to fully comply with the principles and provisions of the Convention on the Rights of the Child.

The Index rates and ranks the extent to which a country has implemented the general principles of the Convention on the Rights of the Child while taking into account the basic infrastructure for making and implementing children’s rights policies. Portugal is this year’s global top ranking nation, with France, Norway, Sweden, Finland and Spain also ranking in the top ten.

The Index methodology means that extremely poor performances in one domain cannot be compensated by higher scores in other domains, as all of areas children’s rights are deemed to be equally important.

The report concluded that many industrialised nations, and especially the UK, are falling far short of allocating sufficient budgets towards creating a stable environment for children’s rights, by neglecting their leadership responsibilities and failing to invest in the rights of children to the best of their abilities.

Human rights and the impact of childhood poverty 

Earlier this month, another damning report published by the Royal College of Paediatrics, Child Health (RCPCH) and Child Poverty Action Group (CPAG) revealed that more than two-thirds of paediatricians believe poverty and low income contribute “very much” to the ill health of children that they work with. 

The report – Poverty and child health: views from the frontline  is based on a survey of more than 250 paediatricians across the country, whose comments provide an insight into the grave reality of life for the millions of UK children living in poverty.

Latest figures show that more than one in four (nearly 4 million) children in the UK live in poverty – with projections suggesting this could rise to 5 million by the end of the decade.

The report explores number of areas including food insecurity, poor housing and worry, stress and stigma – and the effect of these issues on the health of children.  

The report reveals that:

  • more than two-thirds of paediatricians surveyed said poverty and low income contribute ‘very much’ to the ill health of children they work with
  • housing problems or homelessness were a concern for two-thirds of respondents.
  • more than 60% said food insecurity contributed to the ill health amongst children they treat 3
  • 40% had difficulty discharging a child in the last 6 months because of concerns about housing or food insecurity
  • more than 50% of respondents said that financial stress and worry contribute ‘very much’ to the ill health of children they work with

Alison Garnham, Chief Executive of the Child Poverty Action Group, said:

“Day in, day out doctors see the damage rising poverty does to children’s health. Their disquiet comes through in the survey findings and should sound alarms for the next government. Low family incomes, inadequate housing and cuts to support services are jeopardising the health of our most vulnerable children.

“We can and must do better to protect the well-being of future generations. reinstating the UK’s poverty-reduction targets would be an obvious place to start.” 

Professor Russell Viner, Officer for Health Promotion at the Royal College of Paediatrics and Child Health, said:

“Poverty has a devastating effect on child health and this report makes disturbing reading. The health impact on children living in poverty is significant – whether that’s increased likelihood of respiratory problems, mental ill-health or obesity – than children living in more affluent areas.

“Worryingly, almost half of those surveyed feel the problem is getting worse, with the combination of increasing poverty, housing problems and cuts to services meaning more families are struggling.”  

The RCPCH and CPAG are calling on whoever forms the next Government to tackle poverty urgently through: 

  • the restoration of binding national targets to reduce child poverty, backed by a national child poverty strategy
  • the adoption of a ‘child health in all policies’ approach to decision making and policy development, with Her Majesty’s Treasury disclosing information about the impact of the Chancellor’s annual budget statement on child poverty and inequality
  • the reversal of public health cuts to ensure universal early years services, including health visiting and school nursing, are prioritised and supported financially, with additional targeted help for children and families experiencing poverty
  • the reversal of cuts to universal credit which will leave the majority of families claiming this benefit worse off.

As one survey respondent said: “We cannot expect to have a healthy future for the UK if we leave children behind. Poverty makes children sick.”

There were 3.9 million children living in “relative poverty” in 2014-15, up from 3.7 million a year earlier, according to figures from the Department for Work and Pensions (DWP).

The report follows the release of  figures from the DWP which revealed one in four (nearly four million) children in the UK live in poverty – with projections suggesting this could rise to five million by the end of the decade.

It’s not as if the government have been unaware of the consequences of their policies and the implications of a consistent failure to uphold the UK’s human rights obligations towards children. In 2014, the Children’s Commissioner warned that the increasing inequality resulting from the austerity cuts, and in particular, the welfare reforms, means that Britain is now in breach of the United Nations Convention on the Rights of the Child, which is supposed to protect children from the adverse effects of government economic measures.

In 2015, the Children’s Commissioner criticised the Conservative’s tax credit cuts and called for measures to reduce the impact that the changes will have on the poorest children. Anne Longfield, who took up her role on 1 March 2015, called on the government to exempt 800,000 children under five from tax credit cuts and to offer additional support to families with a child under five-years-old.

The role of Children’s Commissioner was established under Labour’s Children Act in 2004 to be the independent voice of children and young people and to champion their interests and bring their concerns and views to the national arena. The Commissioner’s work must take regard of children’s rights (the United Nations Convention on the Rights of the Child) and seek to improve the wellbeing of children and young people.

However, the government rejected the findings of what they deemed the “partial, selective and misleading” Children’s Commissioner report. The Commissioner wrote to the Chancellor to call for children in the poorest families aged under five to be protected from the cuts.

However, George Osborne shamefully remained brazenly unrepentant.

A damning joint report written by the four United Kingdom Children’s Commissioners for the UN Committee on the Rights of the Child’s examination of the UK’s Fifth Periodic Report under the UN Convention on the Rights of the Child (UNCRC), dated 14 August 2015, says, in its overall assessment of the UK’s record: 

“The Children’s Commissioners are concerned that the UK State Party’s response to the global economic downturn, including the imposition of austerity measures and changes to the welfare system, has resulted in a failure to protect the most disadvantaged children and those in especially vulnerable groups from child poverty, preventing the realisation of their rights under Articles 26 and 27 UNCRC. 

The best interests of children were not central to the development of these policies and children’s views were not sought. 

Reductions to household income for poorer children as a result of tax, transfer and social security benefit changes have led to food and fuel poverty, and the sharply increased use of crisis food bank provision by families. In some parts of the UK there is insufficient affordable decent housing which has led to poorer children living in inadequate housing and in temporary accommodation.

Austerity measures have reduced provision of a range of services that protect and fulfil children’s rights including health and child and adolescent mental health services; education; early years; preventive and early intervention services; and youth services. 

The Commissioners are also seriously concerned at the impact of systematic reductions to legal advice, assistance and representation for children and their parents/carers in important areas such as prison law; immigration; private family law; and education. This means that children are denied access to remedies where their rights have been breached.

The Commissioners are also concerned at the future of the human rights settlement in the United Kingdom due to the UK Government’s intention to repeal the Human Rights Act 1998 (HRA) which incorporates the European Convention on Human Rights (ECHR) into domestic law; replace it with a British Bill of Rights (the contents of which are yet to be announced), and ‘break the formal link between British courts and the European Court of Human Rights’.

The HRA has been vital in promoting and protecting the rights of children in the United Kingdom and the European Court of Human Rights has had an important role in developing the protection offered to children by the ECHR.The Commissioners are concerned that any amendment or replacement of the HRA is likely to be regressive.”

In another regressive and punitive policy move by the government, from April 6 2017, child tax credits and universal credit across the UK will be restricted to the first two children in a family. This measure will affect all households with two or more children that have an additional child after this date.

Analysis by consultancy Policy in Practice revealed a low-income family whose third or additional child is born before midnight on the day before the policy came into force would qualify for up to £50,000 in tax credit support over 18 years whereas a similar family whose third child is born on April 6 will miss out.

The government says it wants to save money and make the tax credit system “fairer”. It intends the two-child restriction to “influence the behaviour” of less well-off families by making them “think twice” about having a third child. But it also accepts there is no evidence to suggest this will happen.

This is an extremely regressive eugenic policy, with its emphasis being on social class. Eugenics was discredited following its terrible escalation and consequences in Nazi Germany.  

The two children only policy also a reflects a politically motivated form of crude behaviourism –  behaviour modification through the use of financial punishments. It’s probably true that all authoritarians and tyrants are behaviourists of sorts.

Critics say that at current birth rates, 100,000 third or subsequent children will not qualify for tax credit support over the next 12 months, inflating child poverty figures by at least 10% by 2020.

Social Darwinism is linked closely with eugenic ideas – a view that society and economics will naturally “check” the problem of dysgenics if no welfare policies are in place. 

The Conservative government has steadily dismantled the welfare state over the past seven years, so that now, there is no longer adequate support provision for people both in work and out of work, to meet their basic living needs. 

The current retrogressive, draconian approach to poverty needs to radically change if we are to be a nation that respects and upholds the human rights of all its citizens.

 


 

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The budget: from trickle-down to falling down, whilst holding hands with Herbert Spencer.

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“We are moving Britain from a high welfare, high tax economy, to a lower welfare, lower tax society.”

George Osborne, 8 July 2015

The pro-wealthy and anti-humanist budget indicates clearly that the Conservatives are preoccupied with highlighting and cutting the state cost of sustaining the poorest citizens rather than the costs of subsidising the rich.

I’ve pointed out before that the Conservatives operate a perverse, dual logic: that wealthy people need support and encouragement – they are offered substantial financial incentives – in order to work and contribute to the economy, whereas poor people apparently need to be punished – by the imposition of financial cuts – in order to work and contribute to the economy.

That Osborne thinks it is acceptable to cut the lifeline benefits of sick and disabled people to pay for government failures, whilst offering significant cuts to corporation tax rates; raising the tax-free personal allowance and extending inheritance tax relief demonstrates very clearly that the myth of trickle-down is still driving New Right Conservative ideology, and that policy is not based on material socio-economic conditions and public need. (And Cameron is not a one-nation Tory, despite his claims.)

Research by the Tax Justice Network in 2012 indicates that wealth of the very wealthy does not trickle down to improve the economy, but tends to be amassed and sheltered in tax havens with a detrimental effect on the tax bases of the home economy.

A more recent report – Causes and Consequences of Income Inequality : A Global Perspective by the International Monetary Fund concluded in June this year that there is no trickle-down effect –  the rich simply get richer:

“We find that increasing the income share of the poor and the middle class actually increases growth while a rising income share of the top 20 percent results in lower growth—that is, when the rich get richer, benefits do not trickle down.”

It’s inconceivable that the Conservatives fail to recognise such policy measures will widen inequality. Conservatives regard inequality and social hierarchy as inevitable, necessary and functional to the economy. Furthermore, Conservatives hail greed and envy as emotions to be celebrated, since these drive competition.

Since the emergence of the New Right, from Thatcher to Cameron, we have witnessed an increasing entrenchment of Neoliberal principles, coupled with an aggressive, authoritarian brand of social conservatism that has an underpinning of crude, blunt social Darwinist philosophy, as carved out two centuries ago by the likes of Thomas Malthus and Herbert Spencer.

Spencer is best known for the expression “survival of the fittest,” which he coined in Principles of Biology (1864), after reading Charles Darwin’s work. Spencer extended natural selection into realms of sociology, political theory and ethics, ultimately contributing to the eugenics movement. He believed that struggle for survival spurred self-improvement which could be inherited. Maslow would disagree. All a struggle for survival motivates is just a struggle for survival.

Spencer’s ideas of laissez-faire; a survival-of-the-fittest brand of competitive individualism; minarchism – minimal state interference in the processes of natural law – and liking for private charity, are echoed loudly in the theories of 20th century thinkers such as Friedrich HayekMilton Friedman and Ayn Rand who each popularised Spencer’s ideas, whilst Neoliberal New Right Conservatives such as Ronald Reagan, Margaret Thatcher and David Cameron have translated these ideas into policies.

Ideology has considerable bearing on policies, and policies may be regarded as overt, objective statements of political intent. I’ve said many times over the past five years that Conservatives have forgotten that democracy is based on a process of dialogue between the public and government, ensuring that the public are represented: that governments are responsive, shaping policies that address identified social needs. Conservative policies are quite clearly no longer about reflecting citizen’s needs: they are increasingly authoritarian, and all about telling us how to be.

Conservatives have always coldly conceived society as a hierarchy of human value, and they have, from their pinnacle of supremacist, self-appointed authority, historically cast the vulnerable and the poorest as the putative “enemies of civilization.” Social Darwinism is written in bold throughout their policies.

Furthermore, such a combination of Neoliberal and Conservative political theory, explicitly opposes democratic goals and principles. Neoliberalism was originally used by academics on the Left as a pejorative to capture the policies of imposed exploitation, privatisation, and inequality.

Neoliberalism is now characterised by the use of international loans and other mechanisms to suppress unions, squash state regulation, elevate corporate privilege, privatise public services, and protect the holdings of the wealthy. The term became widely recognised shorthand for rule by the rich, authoritarianism and the imposition of limits on democracy.

Banks, corporations, the financial sector, and the very wealthy are exercising power and blocking any attempt to restructure the economic system that brought about the crash.

Meanwhile, the free market is a market free for powerful interests; the profit motive has transformed the organising value of social life, and those who the Conservatives evidently regard as collateral damage of this socio-economic dogma made manifest are paying the price for the global crash, with Osborne and the Conservatives constructing narratives that problematise welfare support, generating moral panic and folk devils to demonise the poorest citizens in need of support.

Growing social inequality generates a political necessity for cultivating social prejudices.

Such Othering narratives divert public attention from the fact that the right to a fair and just legal system, a protective and effective safety net for the poorest, free healthcare – all of the social gains of our post-war settlement – are all under attack.

I have said elsewhere that Conservative ideology is incompatible with our legal commitments to human rights. The United Nations declaration of Human Rights is founded on the central tenet that each and every human life has equal worth. The Conservatives don’t agree, preferring to organise society into hierarchies of worth and privilege.

Conservative austerity measures and further impending welfare cuts are not only a deliberate attack on the poorest and most vulnerable social groups; the range of welfare cuts do not conform to a human rights standard; the “reforms” represent a serious failure on the part of the government to comply with Britain’s legal international human rights obligations.

The cuts announced by the chancellor include a further reduction to the benefits cap – not only from £26,000 to £23,000, as promised in the Conservative Party’s 2015 manifesto, but down even further to £20,000 outside of London.

Child tax credit, housing benefit and working tax credit will be reduced, with child tax credit only being paid for the first two children. Presumably this is, to quote Iain Duncan Smith, to “incentivise behavioural change,” placing pressure on the poorest to “breed less,” though personally, being the direct, blunt, no-nonsense sort, I prefer to call it a nudge towards “eugenics by stealth.”

The Social Mobility and Child Poverty Commission say that any cuts to tax credits will cut the incomes of 45 per cent of working families. These cuts are particularly controversial, since the benefits cap was partly justified as a way of “making work pay”  – a Conservative narrative that echoes the punitive 1834 New Poor Law Principle of less eligibility – see: The New New Poor Law.

The Government asserts that its welfare “reform” strategy is aimed at breaking the cycle of “worklessness” and dependency on the welfare system amongst the poorest families. It’s more punitive Poor Law rhetoric.

There’s no such thing as “worklessness”, it’s simply a blame apportioning word, made up by the Tories to hide the fact that they have destroyed the employment market, just as Thatcher did, and as the Conservatives always do.

Punishing the low paid, cutting the income of families who work for low wages directly contradicts the claim that the Conservatives are “making work pay.”

Yet Osborne has framed his welfare cuts with the “The best route out of poverty is work” mantra, claiming that slashing the social security budget by £46 billion in the next five years, (including cutting those benefits to disabled people, who have been assessed as unfit for work and placed in the Work Related Activity Group (WRAG), and cutting in-work benefits, such as tax credits) is needed to make sure “work pays” and that: “we give a fair deal for those on welfare and a fair deal to the people, the taxpayers of this country who pay for it.”

The Conservatives always conveniently divide people into an ingroup of taxpayers and an outgroup of stigmatised others – non-tax payers. However, most people claiming benefits are either in work, and are not paid enough, through no fault of their own, to pay tax, or are pensioners who have worked most of their lives; or are unemployed, but have previously worked and contributed tax.

Most people claiming disability benefits have also worked and contributed tax, too.

Unemployment and in-work benefit claims are generally a measure of how well or poorly the government is handling the economy, not of how “lazy” or “incentivised” people are.

And only the Tories have the cheek to claim that raising the minimum wage (long overdue, especially given the hikes in the cost of living) is the introduction of a living wage. The basic idea is that these are the minimum pay rates needed so that workers have an acceptable standard of living. Over the last few years, wages have very quickly fallen far behind the ever-rising cost of living.

The increase is at a rate of £7.20 an hour for people over the age of 25.  Housing benefit will be withdrawn from those aged between 18 and 21, while tax credits and universal credits will be targeted at people on lower wages by reducing the level at which they are withdrawn.

The chancellor’s announcement amounted merely to an increase in the minimum wage, and the curbs on tax credits would hit low-paid workers in other ways, unfortunately.

Whilst the announcement of a phased increase in the minimum wage is welcome, it is difficult to see how this will reverse the increasing inequality that will be extended as a further consequence of this budget without a matching commitment to improving the structural framework – the quality and stability of employment available. As it is, we are now the most unequal country in EU.

If the government were sincerely interested in raising wages to make work genuinely pay, ministers would be encouraging rather than stifling trade unionism and collective bargaining. But instead we see further cuts to public sector pay in real terms year after year and the raising of the legal bar for industrial action so that strikes will be effectively outlawed in public services. And let’s not forget the grubby partisan policy of two years ago – the Let Lynton Lobby Gagging Act.

Rhys Moore, director of the Living Wage Foundation, said:

“Is this really a living wage? The living wage is calculated according to the cost of living whereas the Low Pay Commission calculates a rate according to what the market can bear. Without a change of remit for the Low Pay Commission this is effectively a higher national minimum wage and not a living wage.”

Those most affected by the extreme welfare cuts are those groups for which human rights law provides special protections. The UK government has already contravened the human rights of women, children, and disabled people.

The recent report of the UK Children’s Commissioner to the UN Committee on the Rights of the Child, published in July this year, says:

“Response to the global economic downturn, including the imposition of austerity measures and changes to the welfare system, has resulted in a failure to protect the most disadvantaged children and those in especially vulnerable groups from child poverty, preventing the realisation of their rights under Articles 26 and 27 [of the UN CRC] … Reductions to household income for poorer children as a result of tax, transfer and social security benefit changes have led to food and fuel poverty, and the sharply increased use of crisis food bank provision by families.”

The parliamentary Joint Committee on Human Rights recently reported on the UK’s compliance with the United Nations Convention on the Rights of the Child (CRC), and found it woefully lacking:

“Welfare cuts will ensure that the government is not in compliance with its international human rights obligations to realise a right to an adequate standard of living under Article 11 of the International Covenant on Economic and Social Rights (ICESR) and a child’s right to an adequate standard of living under Article 27 of the UN CRC. Further it will be in breach of the statutory target to eliminate child poverty contained in the Child Poverty Act 2010.”

Just in case you missed it, there has been a very recent, suspiciously timed change to the definition of child poverty, and a proposed repeal of the Child Poverty Act – something that Iain Duncan Smith has been threatening to bring about since 2013.

It’s yet another ideologically directed Tory budget, dressed-up in the rhetoric of economic necessity, detached from public needs.

And Conservative ideology is all about handouts to the wealthy that are funded by the poor.

Related:

George Osborne’s Political MasterstrokeA View from the Attic

Osborne’s class spite wrapped in spin will feed a backlashSeumas Milne

Budget 2015: what welfare changes did George Osborne announce, and what do they mean?  New Statesman: The Staggers

How Osborne’s new cuts breach the UK’s human rights obligations, Lecturer in Law at Lancaster University

Osborne’s Autumn statement reflects the Tory ambition to reduce State provision to rubble

Osborne’s razor: the Tory principle of parsimony is applied only to the poorest

The BBC expose a chasm between what the Coalition plan to do and what they want to disclose

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Thanks to Robert Livingstone