Attributes of Article 18

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

Common primary responsibilities for the upbringing under the primary consideration of the child best interest

State’s appropriate assistance to parents

Development of institutions, facilities, and services for the care of children

Appropriate measures for the care of children of working parents

Structural

Indictors

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. The parental primary responsibility, as guaranteed in Article 18 is explicitly recognized in legislation and provide adequate and effective guarantees to all without exclusion or discrimination (Harmonization).

2. National law subjects the common primary responsibility of both parents for the child’s upbringing to their duty to act always with their child’s best interests as their primary consideration.

3. The law recognizes the common and shared responsibility of both parents in equal measure.

4. Existence of a legal and policy framework or national strategy, able to secure a rather variegated forms of assistance to all parents not exclusively ‘in case of need’ but also as general form of assistance.

5. Legal framework regulating the access and identification of the eligibility criteria to enter the institutions, facility and services provided for the care of the child.

6. Ratification of human rights treaties relevant to Article 18 and in particular those related to common and shared responsibility in equal measure between the parents (Convention on the Elimination of All Forms of Discrimination Against Women, 1981).

7. Existence of standards and related monitoring system established by the competent authorities, and meant to ensure quality standards of the services provided in terms of health, safety, and quality of their staff, in line with Article 3(3) of the CRC.

8. Existence of a legal and policy framework encouraging employment conditions which assist working biological and adoptive parents in the exercise of their parental responsibility, entitles:

8.1 Maternity and paternity leave

8.2 To leave if the child is sick.

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’ realization.

9. Measures have been implemented to allow the State to support parents’ compliance with the child best interest.

10. Mechanisms exist in order to address complaints from parents regarding breaches of their parental responsibility under Article 18.

11. National awareness campaigns (e.g. broadcasting public messages through media) have been undertaken to disseminate the culture of common and shared responsibilities for the upbringing of the children in the family setting.

12. Measures meant to create conditions necessary to give to parents and other primary caregivers the opportunity to fully exercise their primary responsibility have been implemented.

13. Measures such as day-care and facilities had been implemented for the care of children of working parents.

14. Measures have been implemented to monitor institutions, facilities and services for the care for children under Article 18[1] (Art 18(3), 20, 23, 24, 28).

Outcome

Indicators

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

15. Percentage of parents aware of their common and shared responsibilities for the upbringing of their children.

16. Percentage of parents participating in positive and shared training programmes.

17. Percentage of parents/ caregivers benefiting from measures created to provide conditions necessary to enable them and other primary caregivers the opportunity to fully exercise their primary responsibility (e.g. maternity and paternity leave).

18. SDG 5.4.1 Proportion of time spent on unpaid domestic and care work, by sex, age and location.

19. Percentage of children using day-care and facilities, which had been implemented for the care of children of working parents, in particular:

19.1 Rate of enrolment in fulltime daycare by age 0-5 (preschool)

19.2 Rate of enrolment in part-time daycare by school age

20. Percentage of families in receipt of State assistance by age and number of children in family unit.