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Lothar Krappmann

The Committee's General Measures of Implementation - Most important tools to implement the rights of the child

Address at the launch of the comparative study Governance fit for children conducted by Save the Children and co-funded by the European Union's Fundamental Rights

and Citizenship Programme, Cardiff (Wales), July 5, 2011. First, I would like to congratulate Save the Children and the authors of this study on the General Measures of Implementation for their careful research and the most interesting results, which they present today.1 I would like to explicitly emphasize this appreciation, since the General Measures of Implementation, the first cluster of children's rights in the UN review process of the implementation of the rights of the child, are so often overlooked.2 These General Measures seem to be so far away from the rights, which are regarded as most important for children: survival, protection, health, develop-ment, education, participation and, therefore, often ignored by engaged child rights activists who fight for an adequate standard of living, good schools, end of violence against children and other provisions of the Convention, but not for General Measures of Implementation. Several times I heard from observers of the Committee's dialogues with State parties: Why does the committee begin the dialogues with State parties about the reports with such abstract questions refer-ring to General Measures of Implementation? Why not start with addressing the rights, which effec-tively enhance children's well-being and development? Indeed, the debate about the General Meas-ures of Implementation often covers the entire time of the Committee's dialogue in the morning of the meeting with the government officials. Many times the other clusters of rights are called upon much later in the day only. I will explain in a minute, why the firm establishment of these General Measures is so crucial, why these General Measures are so essential for Governance Fit for Children, as the title of the study pro-claims. Before, I want to say, however, that the Committee on the Rights of the Child is extremely pleased about the study and its publication. I know that the members of the Committee will very much welcome this publication, will carefully study and use it, since the committee knows from its monitoring activities that these General Measures very often are the tumbling block of the implementation process in many countries. After the ratification of the Convention many countries have adopted laws based on the rights of the child under the Convention or have revised existing laws, as a number of studies conducted by the UNICEF Innocenti Institute in Florence have shown. Implementation of these laws now is the bottle-neck, if implementation is not lacking at all. And the reason usually is that no functioning system of im-plementation was established: General Measures of Implementation are missing. One may also cal it the delivery system of child rights. The delivery system is missing. 1 Save the Children (2011). Governance Fit for Children - To what extent have the general measures of imple-

mentation of the CRC been realized in five European countries - Executive summary of a comparative study. And: Save the Children (2011). Governance Fit for Children - To what extent have the general measures of im-plementation of the CRC been realized in the UK.

2 The Guidelines for the reports, which States Parties to the Convention on the Rights of the Child have to sub-mit to the UN Child Rights Committee, can be found on the webpage of the Committee www2.ohchr.org/ eng-lish/bodies/crc/. These guidelines structure also the dialogue with the governmental delegation about the pro-gress of implementation, which takes place after the Committee has analyzed the report, and the Concluding Observations, which summarize concerns and recommendations of the Committee.

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In spite of the strong focus on these measures of implementation at the outset of every dialogue with a government, the Committee has not yet enough research-based information and data about the reali-zation of these tools of implementation within the machinery of governance. The study presented today gives us solid and reliable information on the realization of such measures in five European countries, Italy, Lithuania, Romania, Sweden and the United Kingdom. This is a highly appreciated step forward. The committee strongly needs such diagnostic data in order to give its recommendations specificity with regard to the elaboration of such measures. I have studied the results presented about the extent to which General Measures have been imple-mented in the four entities of the United Kingdom, in England, Wales, Scotland and Northern Ireland. I think that I should not conceal that, on the whole, the outcome is not really satisfying, although every entity has something, where it is strong. But overall the delivery system is not yet established to its full range. It is hard to make comparisons across the four entities because of different conditions and cir-cumstances. I would like to mention, however, that Wales has done very well - and I refer here to the "Rights of Children and Young Persons Measure" adopted in March 2011 (?). It is not perfect, needs further discussion, but, again, Wales has done very well.3 And I have to add that also Scotland stands out. Obviously many governments have not yet fully understood that these measures help them to fulfil what they all have promised to do: to implement the rights of the child. No craftsman, no tradesman would attempt to carry out a task without the appropriate tools. General measures of Implementation are the toolbox of good governance with regard to child rights. Please, honourable members of par-liaments and governments do not disregard these instruments that facilitate to make children enjoy their rights. I announced to explain, why General Measures of Implementation are such crucial elements among all the efforts to implement child rights. As I indicated before: When we talk about child rights imple-mentation, we often talk about the right to health, to education, about the right to be heard, the child's best interests to be considered (what is sometimes called thematic rights or substantial rights), but al-most never about what was already called by the first Committee on the Rights of the Child the Gen-eral Measures of Implementation. For many people, also for involved child rights activists, this is a very abstract notion! What is meant by General Measures of Implementation? The child needs nutri-tion, access to medical services, good quality education and so on. Do children need General meas-ures of Implementation? Yes! The reason is that it is not sufficient to strive for the rights, which immediately affect children's lives, development and well-being. The State parties drafting and adopting the Convention were well advised to add a bunch of measures and provisions, which shall ensure that the attempts to make children enjoy their right become effective. For this reason the Convention on the Rights of the Child has not only incorporated concrete requirements for health, standard of living, education and protec-tion against violence, exploitation or neglect, but also an article 4 which is the fundament for the Gen-eral Measures of Implementation.

3 The study explains that respect for child rights is not a fully pervasive duty, but only a requirement in decisions

of a strategic nature. It is not clear, which decisions are of a strategic nature. This lack of clarity may seriously restrict the application of the requirement to respect the rights of children in policy decisions. See Governance fir for children, page 17.

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This article 4 asks from State parties that they

"shall undertake all appropriate legislative, administrative, and other measures for the rights recog-nized in the present Convention" (CRC, Article 4).

Such a system of measures is the more important, as the Convention does not present rights whose implementation can rely on well-established routines. The Convention brings something new; some even say that the adoption of the Convention on the Rights of the Child was a revolutionary act, be-cause it expressed that children will not become human beings, but are human beings. The before adopted human rights treaties did not adequately consider this particular challenge in the relation of adults to children. Thus, the Convention presents a before not fully realized concept of the child, of a child who is a hu-man being in inviolable dignity, a subject with own views and interests which have to be respected and considered, a social participant to be included in all actions of concern to her or him and a right holder. This new concept of the child affects the social system as a whole, the legal system as a whole and is a cultural revolution - not only in far-away countries, but also in the developed world, in all European countries and communities, which also have to learn a new lesson. Thus, not only access to services, promotion of development, protection against exploitation and the implementation of all the other rights have to be ensured. All these efforts have to be conducted in ways, which comply with the fundamental concept of the child enshrined in the Convention. Therefore, implementation must be done in a well-considered, coordinated, monitored, evaluated and participa-tory way. Consequently provisions are needed, which guarantee such a way of proceeding: the Gen-eral Measures. As I said: The article 4 of the Convention gives the base for such procedures and provisions. But the article remains very general when it requests "all appropriate legislative, administrative and other measures". It was one of the first and most urgent tasks of the Committee and the child rights commu-nity after the Convention came into force to spell out, which legislative, administrative and, last not least, other measures have to be developed, established and applied. When we look at the changes in the guidelines for reporting since the Committee has issued them for the first time in 1991, we observe that across the years and in view of its growing body of experience the Committee has expanded and differentiated these general measures. An important document rep-resenting the essence of the experience and expertise of the Committee is the General Comment no. 5 on the General Measures of Implementation - a must for all governments and child rights activists. I will not describe these developments in detail. I just want to confirm that the Save the Children study of five European states is based on the list of General Measures, which are now in the centre of the Committee's monitoring activities. I name the measures and add a short comment with regard to the finding of the study: Incorporation of the CRC into the legal system

I have read with some frustration that also after 19 years and a half after the ratification of the Convention by the UK the process of harmonizing domestic laws with the provisions of the Con-vention is not completed.

Development of National Action Plans It is a depressing observation of the Committee that such plans, if they exist at all, do not have enough financial resources and are seriously understaffed. Consequently, well elaborated plans remain plans without effective action.

Coordination of the implementation activities of involved ministries and agencies of the govern-ment and at different levels of government, and

Monitoring mechanisms Effective coordination and monitoring does not seem to be ensured. Let me add that the Commit

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tee maintains that coordination and monitoring are related tasks, but preferably should be carried out by different bodies. The Committee also underlines the necessity to intensely involve civil so-ciety and children in these processes.

Data collection and development of appropriate indicators for implementation Coming from social science research I would so much appreciate if social scientists would do more studies on children, their lives and development with a focus on disadvantaged, marginal-ized and excluded children. I am sure that here in this country rich capacity is available for sur-veys and in-depth studies, but does not seem to be tapped.

Transparency of budget allocations for children, or: visibility of children in the budget The study indicates that Wales has made remarkable progress, and maybe this could help as a model. The Committee realizes that a transparent children's budget is an extremely difficult pro-ject and would like to find a group of economic experts who can give advice on a feasible proce-dure of analyzing budget with respect to the allocations for children. Such allocations often are not explicitly itemized, but hidden in budget titles for family, health etc..

Establishment of an Independent Human Rights Institution All entities have to be sincerely commended that they have established offices of children's com-missioners, even if statutory frameworks may still need a review. Still a number of European countries do not have such offices, and so the Committee is pleased to see the expansion of these highly relevant institutions in the UK.

Co-operation of government and civil society organizations I just want to stress that, from the observations of the Committee, the inclusion of children in con-sultation and cooperation is extremely important and helpful with respect to progressive imple-mentation of child rights. Children can give relevant information and advice.

Awareness raising activities They are still so much needed after almost 20 years of the Convention! Children's rights have to be an essential part of the school curriculum (and schools should be a place where they are not only taught, but practiced).

The Committee is convinced that, if the States Parties to the Convention would establish all these General Measures, they would be well prepared to clear hurdles, which are still hampering child rights implementation.