Fair Play for Children urges Government to make UN Convention on the Rights of the Child part of UK law

http://www.fairplay31.online/index.html

13 July 2024

In an early push in the first days of the new Labour Government, Fair Play for Children has written to a range of senior Ministers in the Cabinet as well as the First Ministers of the Devolved Governments and Children’s Commissioners to urge the UK to incorporate the UN Convention on the Rights of the Child into our domestic laws.

At this time, though the UK has adopted the Convention, it is not part of our domestic law and so cannot eg be used in legal actions etc.

This is the letter:

“The Secretaries of State, The Home Department, The Foreign Commonwealth & Development Office, Scotland, Wales, Northern Ireland, The The Cabinet Office, The Attorney General

“Copied to Leader of the House of Lords, First Ministers of Devolved Governments

“Dear Secretaries of State etc

“Fair Play for Children, of which I am National Secretary, is a body whose aim is to promote The Child’s Right to Play (Article 31 of the UNCRC). We were founded in 1972 by Archbishop Tevor Huddleston. To view our work please see this LINK.

http://www.fairplay31.online/index.html

“In the run-up to the Election, we asked our Members/Supporters their priorities for a new Government, one of the foremost proposals is the incorporation of the UN CRC into our domestic law. You will be aware of the failed attempt of the Scottish Parliament to achieve this in a devolved administration, the Courts held this is a UK Government responsibility/prerogative.

“Many States have incorporated the Convention but our dualist system would require Parliamentary legislation.

“To achieve such an aim would mean that every child would be able to claim the rights of the UNCRC, authorities would be bound by the consequences — at this time, no child can eg have the UNCRC invoked in a UK court despite the clear intention of the Convention that it should have such an effect in this country.

“You will be aware, no doubt, that any legal case brought in a UK court were this the case would be resolved solely within the UK court system. UNCRC has no external court unlike the ECHR.

“I attach a useful document, General comment №17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts (art. 31) agreed by the United Nations in April 2013 which contains important legal analysis.

“We also would ask the Government to look at adopting the Convention’s Optional Third Protocol on a Communication Procedure: https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-convention-rights-child-communications

“We would hope to engage in discussion with HMG etc in this regard, we are aware there would be other UK non-governmental bodies also supportive of primary legislation or such other routes that are open for this objective.

“The UNCRC is the world’s most-widely adopted Treaty/Convention, we hope HMG will want to take this progressive step forwards for all our children.

“I realise that this is a matter involving a wide range of government responsibilities at all levels so I have ensure this email reaches an appropriate number of offices.

Yours sincerely

Jan Cosgrove (Mr)

National Secretary

PS A recent Judgment FDA v Home Office etc contains extensive commentary on issues raised by our dualist system beyond the actual subject: https://www.judiciary.uk/wp-content/uploads/2024/07/FDA-judgment.pdf”

In coming days, Fair Play will also be addressing other Ministers etc concerning the need for speedy action to combat damage inflicted on Play and Youth Provision in England and Wales because Local Education Authorities have failed abysmally to carry out their legal duties. It will be advocating amendments to existing law rather than the legthier, more complicated route of new primary legislation.