Attributes of Article 3

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

 

The best interests of the child as a primary consideration

Care and protection: safety net

Adequate Standards for institutions, services and facilities dedicated to the care and protection 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.     The best interests of the child as guaranteed in Article 3 is explicitly recognized in legislation as an individual and collective substantive rights.

 

2.     State has lifted reservations under the CRC relevant to Article 3.

 

3.     Ratification of human rights treaties relevant to Article 3, for example:

1.1   Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption

1.2   African Charter on the Rights and Welfare of the Child

 

4.     Mechanisms and institutions exist in order to properly enforce Article 3 included sanctions for violations.

 

5.     Policy measures and protocols for professionals are in place to guarantee the child best interests determination.

 

6.     The regulations establishing complaints mechanisms guarantee that complaints can be made by children themselves in case of violation of Article 3.

 

7.     Child impact assessment in relation to their best interests is required in the legislation, administrative decision-making, and policy and practice at all levels of government (Art 4) concerning:

7.1       Budget allocations to the social sector and to children, and between and within departments of government

7.2       Social security

7.3       Planning and development

7.4       The environment

7.5       Housing

7.6       Transport

7.7       Health

7.8       Education

7.9       Employment

7.10     Administration of juvenile justice

7.11     The criminal law (e.g. the effects of the sentencing of parents on children, etc.)

7.12     Nationality and immigration

7.13     Asylum seeking

8.     State has set a comprehensive system and the required procedural guarantees for the best interests’ determination in all actions concerning children whether undertaken by:

8.1  Public or private social welfare institutions

8.2  Courts of law

8.3  Administrative authorities

8.4  Legislative bodies

9.     Legislative and administrative provisions require the State to provide such care and protection as is necessary for the well-being of any child in cases where it is not otherwise being provided.

10.  Appropriate standards are established for State and non-State institutions, services and facilities responsible for the care or protection of children other than those already mentioned in the CRC in particular in relation to:

10.1  Safety

10.2  Health

10.3    Protection of children from all forms of violence

10.4    The number and suitability of staff

10.5    Conformity with all provisions of the Convention

10.6    Independent inspection and supervision

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.

11.  National Strategy has been implemented to disseminate information on the child best interests’ principle.

 

12.  Pre- and/or in-service training for professionals are in place to guarantee the child best interests determination.

 

13.  Percentage of professionals with training on best interests determination in at least the following fields:

13.1  Education

13.2  Health

13.3  Social work

13.4  Justice and police

13.5  Immigration

 

14.  Number of child rights impact assessments undertaken within the last reporting period (Art 4) concerning:

14.1  Budget allocations to the social sector and to children, and between and within departments of government

14.2  Social security

14.3  Planning and development

14.4  The environment

14.5  Housing

14.6  Transport

14.7  Health

14.8  Education

14.9  Employment

14.10  Administration of juvenile justice

14.11  The criminal law (e.g. the effects of the sentencing of parents on children, etc.)

14.12  Nationality and immigration

14.13  Asylum seeking

 

15.  Percentage of policies and strategies that had been established and/or revised to ensure children’s best interests are taken in due consideration.

 

Outcome

Indicators

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

16.  Percentage children knowledgeable about the office of children’s commissioner/ombudsman/ advocate and its role in ensuring their best interests are protected (where such exists). (Art 12)

 

17.  Percentage children who feel that their best interests is taken in due consideration by adults in their lives.

 

18.  Percentage of cases of children in judicial or administrative proceedings where children considered their best interests had been taken into consideration. (Art 40)

19.  Percentage of court cases involving children in judicial or administrative proceedings citing the best interests principle. (Art 40)

 

 

20.  Rate of professionals (per 10,000 child population) that are aware of specific quality standards in the fields of:

20.1  Education

20.2  Health

20.3  Social work

20.4  Justice and police

20.5  Immigration