Attributes of Article 5

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

Respect for the primacy of parents and comparable care givers

Appropriate direction and guidance

Evolving capacities of the child

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights

1. Legislation recognizes parental responsibilities, rights and duties as extending to parents or where applicable, members of the extended family or community as provided by local custom, legal guardians or other persons legally responsible for the child.

2. Legislation recognises different family forms and prohibits discrimination against parents on grounds of marital status, sexual orientation, sexual or gender identity.

3. Legislation provides a detailed definition of parental rights and responsibilities affirming that they:

3.1 Must be exercised without discrimination

3.2 Must be exercised in accordance with best interests of the child

3.3 Must take account of the expressed views of the child

3.4 Cannot be exercised in a manner that would serve to violate or neglect any right embodied in the CRC

3.5 Must provide guidance and direction for children in exercising their child rights

4. Legal definition of parental responsibility is embedded in policies related to family support services, early years education, child care services, child protection, education and health.

5. Legislation/constitution provides recognition of the child’s right to respect for their evolving capacities in the exercise of their rights.

6. Legislation introduces age limits without discrimination to protect children from premature exposure to harm including, for example:

6.1 Marriage

6.2 Child labour

6.3 Use and sale of tobacco

6.4 Alcohol

6.5 Recruitment into armed forces

7. Legislation introduces age limits without discrimination recognizing children’s evolving capacities, for example:

7.1 Consent to adoption

7.2 Medical consent to treatment

7.3 Sexual consent

7.4 Access to sexual and reproductive services

8. Legislation provides that children of any age, and without discrimination, are entitled to access confidential medical counselling.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

9. Implementation of campaigns to raise awareness of and tolerance towards different family forms.

10. Percentage of parents and other caregivers provided with comprehensive parenting education and support programmes, including on children’s rights. (Art 4)

11. Percentage of children provided with information on age limits and their implications in respect of the exercise of rights.

12. Percentage of professionals working in, for example, fields of health, law, police, education, social work, social care, child protection, early years, provided with professional training on children’s rights and respect for their evolving capacities at pre- and/or in-service levels.

Outcome Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

13. Reported number of children discriminated against on grounds of parental status in the reporting period. (Indicator adapted from the OHCHR Human Rights Indicators)

14. Percentage of parents and other caregivers with knowledge about their rights and responsibilities as parents and the rights of the child.

15. Percentage of professionals working with children with knowledge and understanding of legal definition of parental rights and responsibilities.

16. Percentage of all children reporting positive and supportive parental relationships. (Indicator adapted from Compendium of Indicators for Measuring Child Well-being Outcomes)

17. Percentage of children who consider they are:

17.1  Fully aware of relevant age limits in the exercise of rights

17.2  Enabled to take responsibility for those decisions/actions they feel competent to take

17.3  Supported by relevant adults to take responsibility for those decisions/actions they feel competent to take

18. Percentage of professionals in the fields of health, law, police, education, social work, social care, child protection, early years who have knowledge and understanding of children’s rights and evolving capacities.

19. Percentage of children aged 14-19 years currently married or in union. (UNICEF) (Art 35-Ind 22)