Packed room for our Children's Rights Group Inaugural Annual Lecture celebrating the 30th anniversary of the UNCRC, to be delivered by Prof Geraldine van Bueren QC. We are delighted to welcome this evening's Chair, Lord Kerr. #UNCRC30 #ChildRightsDSC
.@caoilfhionnanna introduces the event referring to some positive developments on the #UNCRC's 30th birthday, including the recent victory for A in the ECtHR in the 'bedroom tax' case doughtystreet.co.uk/news/european-…
@caoilfhionnanna Prof Geraldine van Bueren QC: "when we were drafting the #UNCRC we were told only a few governments would ratify it". Almost all of them have. Happy birthday #UNCRC30.
@caoilfhionnanna Prof Geraldine van Bueren QC: we should be hopeful about individuals being able to make a difference using the UNCRC. A group of children from around the world inc. @GretaThunberg have filed a petition to #UNCRC challenging the lack of government action on the climate crisis.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: #UNCRC is a living instrument, a 'constitution for children'. We need to think about how we interpret it creatively and positively to ensure children's rights are protected in light of evolving challenges, including climate change.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: The UK has not yet ratified the 3rd protocol to the UNCRC which allows children to bring complaints to the Comm on the Rights of the Child. It has been an essential tool for protecting children's rights, particularly for refugee and migrant children.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: there is no rational basis for the exclusion of certain children (inc. able-bodied boys) from being able to assert their rights before a UN body. We need to consider this in the context of the rule of law.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: there is no UK-wide mechanism to ensure all legislation is compatible with #UNCRC. The UNCRcomm has recommended that provisions of the UNCRC are applicable and justiciable in domestic law.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: an issue of great concern is inequality between wealthy and poor children in the UK. Incorporation of the #UNCRC would lead to greater transparency and awareness of children's rights.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: To meet new challenges we need to 'excavate our own past' & overturn 'myths' about children's rights, inc. that protection of children's socio-economic rights is new and 'foreign'. There is a long British tradition of protecting such rights.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: children's socioeconomic rights are not foreign. They are English, Welsh and Scottish. We can find them going as far back as the 13th century Charter of the Forest. The rights enshrined in the UNCRC are the modern form of those rights.
@caoilfhionnanna @GretaThunberg Prof Geraldine van Bueren QC: when we drafted it, we hoped the UNCRC would create a vehicle for children to show us the way. They are now doing just that. It's is up to us in consultation with governments to provide them with the right legal tools. #UNCRC30 #ChildRightsDSC
@caoilfhionnanna @GretaThunberg Lord Kerr thanks Prof Geraldine van Bueren QC, inspired by her lecture. She is a true champion of children's rights.
@caoilfhionnanna @GretaThunberg .@calamity26 Aswini Weereratne QC discusses recent 'flags' in children's rights including detention of children under the Mental Health Act.
@caoilfhionnanna @GretaThunberg @calamity26 .@solange_valdez: the cost of registering children as British citizens deprives many of their essential rights, inc. economically marginalised groups and looked after children. See the important work by @PRCBC1 on this issue.
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 .@JamieBurton29 speaks about "blue skies, mountains and black holes". #UNCRC is unique as a suite of rights for children. Let's not be negative about progress being slow - this is a 'young' convention. Much work done after turn of century, we are only now climbing the mountain!
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 @JamieBurton29 .@JamieBurton29: 'best interests of the child' is a broad 'black hole' concept which requires definition. We need blue sky thinking and a paradigm shift to define and apply the rights in the UNCRC.
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 @JamieBurton29 .@JamieBurton29: Courts should not be afraid to look at the evidence before them without fear of trespassing into the political. Judges should be prepared to use their conviction and trust their value judgement. #UNCRC is yet to come of age.
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 @JamieBurton29 We are all immensely inspired and uplifted by the children who have joined the #climatestrike #FridaysForFuture. What a birthday gift for #UNCRC30!
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 @JamieBurton29 .@calamity26: the issue in many court challenges is the evidential imbalance between the govt and the claimants. Need to think of way of addressing it. Geraldine van Bueren: we can learn some lessons from other jurisdictions where a more collaborative approach has been possible.
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 @JamieBurton29 .@JamieBurton26 - using Article 14 ECHR is not a substitute for enforceable substantive rights. Often the question is not about who is worse off but how to ensure everyone's rights are protected.
@caoilfhionnanna @GretaThunberg @calamity26 @solange_valdez @PRCBC1 @JamieBurton29 @JamieBurton26 We are delighted to have had a room full of brilliant children's rights advocates and campaigners at tonight's event. It's a privilege for us at #ChildRightsDSC @DoughtyStPublic @DoughtyStCrime to work with so many of you. Already looking forward to next year's lecture!
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