Status of the UNCRC in Jersey
In June 2014, Jersey became part of the UK State Party to the United Nations Convention on the Right of the Child (UNCRC), when the UK's ratification of the Convention was extended to the Island.
As a result, Jersey is bound by the UNCRC under international law and is subject to the monitoring and reporting processes of the United Nations Committee on the Rights of the Child (the UN Committee).
Under Article 4 of the UNCRC, State Parties are expected to, “undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention.”
Duty to consider children's rights
A new law to indirectly incorporate the UNCRC into Jersey legislation was approved by the States Assembly in 2022 and came into force on 1 January 2024.
The Children (Convention Rights) (Jersey) Law 2022 introduces a requirement for groups of ‘duty-bearers’ to consider children’s rights when they develop policies, laws and practices which impact children and young people. This includes completing a Children's Rights Impact Assessment, or CRIA.
CRIAs will enable Ministers and the States Assembly to identify how a new law or policy is expected to affect children. If the CRIA identifies any potentially negative impacts on children, action cam be taken to mitigate these.
Requirement to consult the Children’s Commissioner
Under Article 25 of the
Commissioner for Children and Young People (Jersey) Law 2019, Jersey’s Ministers, 'must consult the Commissioner upon any proposals for the preparation of any enactment directly concerning children or young people.'
This means that the Office of the Children’s Commissioner, as the Island’s only Independent Human Rights Institution, can provide expert rights-based advice during the development of all new laws directly affecting children and young people, to further support the realisation of children’s rights.
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