United Nations Convention on the Rights of the Child (UNCRC): Indirect incorporation into Jersey Law: Law drafting instructions

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A decision made on 19 August 2020

Ministerial decision reference: MD-H-2020-0015

Decision summary title: Indirect Incorporation of the UNCRC – Instructions for Law Drafting

Decision summary author

Senior Policy Officer, Strategic Policy, Planning and Performance

Is the decision summary public or exempt?

Public

Report title: Indirect Incorporation of the UNCRC

Report author or name of

person giving report

Senior Policy Officer, Strategic Policy, Planning and Performance

Is the report public or exempt?

Public

Decision and reason for the decision: The Minister authorised officers in Strategic Policy, Planning and Performance to instruct the Legislative Drafting Office to draft legislation to indirectly incorporate the United Nations Convention on the Rights of the Child (UNCRC) into Jersey law, in accordance with the preferred policy model and public consultation findings as set out in the attached reports.

The Indirect Incorporation law will give further effect to the realisation of children’s rights in Jersey by:

Defining groups of duty-bearers who will be required to demonstrate due regard to the UNCRC when exercising their full duties, powers or functions
Ensuring that policy and legislation developed by the Government of Jersey and the propositions and amendments lodged for debate in the States Assembly are formally assessed for their anticipated impact on children’s rights
Developing and publishing a children’s rights scheme for the purpose of securing compliance with the duty to have due regard to the UNCRC by:
- Providing training and resources to support duty bearers
- Defining an agreed format for undertaking Children’s Rights Impact Assessments (CRIAs)
- Establishing requirements for duty-bearers to report on their compliance with their duty to have due regard to the UNCRC
- Promoting widespread knowledge and understanding of the UNCRC
- Ensuring rights-holders have access to a child-friendly complaints mechanism.

Resource implications: None as a consequence of this Decision.

Action required: Officers to instruct the Legislative Drafting Office as required.

Signature

Position

Senator Sam Mézec

Minister for Children and Housing

Date signed

Effective date of the decision