Child rights and wellbeing impact assessment: health and social care statutory guidance refresh

1. Which articles of the UNCRC does this policy/measure impact on?

The proposed programme of work is to review and refresh the statutory guidance for integration authorities producing strategic commissioning plans and annual performance reports. This work programme may indirectly impact on the following articles:

I. General measures of implementation

• Article 4 – implementation obligations

III. General principles

• Article 2 – non-discrimination
• Article 3(1) – best interest to be a primary consideration
• Article 3(2) – obligations to ensure necessary care and protection
• Article 3(3) – standard for institutions services and facilities
• Article 6 – the right to life, survival and development
• Article 12 – respect the views of the child

IV. Civil rights and freedoms

• Article 7 – right to name, nationality and to know and be cared for;
• Article 8 – preservation of a child's identity;
• Article 13 – freedom of expression
• Article 14 – freedom of thought, conscience and religion
• Article 15 – freedom of association and peaceful assembly
• Article 16 – protection of privacy
• Article 17 – child's access to information, and role of mass media
• Article 37(a) – right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment

V. Family environment and alternative care

• Article 5 – parental guidance and child's evolving capacities
• Article 18(1) and (2) – parental responsibilities and State's assistance
• Article 9 – separation from parents
• Article 10 – family reunification
• Article 19 – protection from all forms of violence
• Article 20 – children deprived of their family environment
• Article 21 – adoption
• Article 25 – periodic review of placement and treatment
• Article 39 – rehabilitation and reintegration of victims of violence

VI. Basic health and welfare

• Article 6 – right to life, survival and development
• Article 18(3) – support for working parents
• Article 23 – rights of disabled children
• Article 24 – right to health and health services
• Article 26 – right to social security
• Article 27(1)-(3) – right to adequate standard of living

VII. Education, leisure and cultural activities

• Article 31 – right to leisure, play and participation in cultural and artistic activities

VIII. Special protection measures

A – Children in situation of emergency

• Article 22 – refugee children
• Article 39 –rehabilitation of children victims

B – Children involved with the justice system of administration of juvenile justice

• Article 40 – administration of juvenile justice
• Article 37(a) – prohibition of capital punishment and life imprisonment
• Article 37(b)-(d) – restriction of liberty
• Article 39 – rehabilitation and reintegration of child victims

C – Children in situations of exploitation

• Article 32 – child labour
• Article 33 – drug use
• Article 34 – sexual exploitation
• Article 35 – sale, trafficking and abduction
• Article 36 – other forms of exploitation

D – Children belonging to a minority or an indigenous group

• Article 30

The significant number of articles listed is due to the ability of local actors to delegate both children's health and social work services to integration authorities.

Potential impacts are considered indirect, as refreshing the statutory guidance will only directly impact integration authority officials who will use the guidance to assist with commissioning activities within their area. This, in turn, may impact on children's services that integration authorities provide.