Lecture 14: Perspectives of childhood. Children's competency and rights

Question 1

What things help define what a ‘child’ is?

Answer 1

• Children are a particular group is society
• Children are not a homogenous group
• Different views of childhood co-exist- it is thought to be an idyllic time, a sensitive period of life, a vulnerable time, active in constructing their own world, dangerous and threatening, different from adulthood
• determined by the social and cultural contexts in which children grow up
• competency? autonomy?

Question 2

how many young people are under 18?

Answer 2

1.2 million

Question 3

how many under 25?

Answer 3

1.6 million (1/3 of population!)

Question 4

how many children and young people identify as Maori?

Answer 4

23%

Question 5

how many children and young people identify with one of more European ethnicities?

Answer 5

70%

Question 6

how many identify as pacific peoples?

Answer 6

12%

Question 7

how many children and young people identify with one or more asian ethnicities?

Answer 7

13%

Question 8

what did the youth 2000 national survey of secondary school students find?

Answer 8

• 6% of secondary school students in NZ were same/both-sex attracted or questioned their sexuality in 2001
• 4% of young people identified as transgender or were not sure of their gender

Question 9

what does Article 1 of the Universal Declaration of Human Rights, 1948 say about human beings?

Answer 9

‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of ‘brotherhood’”.

Question 10

what came out of the United Nations Convention on the Rights of the Child?

Answer 10

• defines a child as under 18 years of age
• children’s rights originate from the quest for human dignity and social justice
• a set of minimum standards on children’s rights for which states can be held accountable (not aspirational ideals but achievable)
• adopted by UN General Assembly in 1989 and entered into force in 1990
• ratified by NZ in 1993
• 196 countries have ratified the convention. all eligible state except the USA.
• it is legally binding - states required to report back on how they are meeting their obligations
• tension and confusion between concept of human rights and children’s rights
• tension between international and local: children grow up in contexts that maybe socially, culturally, politically, economically, geographically very different

Question 11

what are the 4 basic principles that the 54 articles of the UN Convention on the Rights of the Child are based around?

Answer 11

1. Non-discrimination and equality
2. the best interests of the child
3. survival and development
4. participation and inclusion

Question 12

what does non-discrimination and equality refer to?

Answer 12

all children entitled to the same rights

Question 13

what does ‘the best interests of the child’ refer to?

Answer 13

actions concerning children should be in their best interests and not overridden by the interests of others

Question 14

what does ‘survival and development’ refer to?

Answer 14

all children are entitled to survival and development to their full potential

Question 15

what does ‘participation and inclusion’ refer to?

Answer 15

all children have a right to express their views in matters which affect them and have their opinions taken into account

Question 16

What are the 3 optional protocols part of the UNCROC?

Answer 16

1) Children in armed conflict
2) sale of children; child prostitution and child pornography
3) communications procedure

NZ has signed the first 2, but not the communications procedure.

Question 17

what are the 3 P’s of the UNCROC?

Answer 17

Protection - from harm, violence etc

Provision - of entitlements, education, health, adequate standard of living etc

Participation - free to identify, express, associate, act in accordance with conscience

Question 18

what does participation mean? What does Article 12 say about it?

Answer 18

• Participation is one of the core principles of the Convention of the Rights of the Child

Article 12:
- States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child

Question 19

what right do children and young people have in terms of their views?

Answer 19

Children and young people have the right to freely express their views. There is an obligation to listen to children’s views and to facilitate their participation in all matters affecting them within their families, schools, local communities, public services, institutions, government policies and judicial procedures.

Question 20

what is the children’s competence and rights in a NZ healthcare setting?

Answer 20

• childrens competence to consent to healthcare remains ambiguous
• children under 16 years may give or withhold consent to healthcare if they are competent to do so (although not explicitly stated in law)

Question 21

what is the judgement made by health professionals based on?

Answer 21

• UNCRoC
• “gillick competence”
• code of health and disability services consumers act 1996
• care of children act 2004
• medical council of NZ

Question 22

what is gillick competence?

Answer 22

idea that children can make a decision about their health care if they are competent to do so

Question 23

what does the code of health and disability services consumers act 2004 entail?

Answer 23

assumes everyone to be competent unless there are grounds to suggest otherwise

Question 24

what does the care of childrens act 2004 entail?

Answer 24

parents responsibility to care for children under 16

Question 25

what does the medical council of NZ do?

Answer 25

competence is understanding nature, purpose, possible consequences of procedure

Question 26

how does age relate to competance?

Answer 26

age is not an inaccurate marker of the level of children’s competence

Question 27

what is competence influenced by?

Answer 27

• experience of illness
• independence
• maturity
• culture
• how information has been shared
• relationships with whanau and health professionals
• media

Question 28

can the same competency rules or age criteria apply to all individuals?

Answer 28

NO
- competence is a dynamic continuum. There is no simple set of rules or age criteria will apply to different individuals

Question 29

what effect can respecting and involving children have on healthcare?

Answer 29

respecting and involving children and young people in health care contributes to the improvement and health status and a positive experience of their healthcare experience

Question 30

what did phD student Fiono Miller find in her thesis in 2019?

Answer 30

found inconsistent practice from doctors around children’s and young people’s consent. recommendation include a ‘toolkit’ for health care providers to assess competence and more health literacy training for parents and children

Question 31

what are the signatory states’ obligations under UNCROC?

Answer 31

• signatory states are required to report to the ‘Committee on the Rights of the Child” on how they are meeting their obligations under UNCROC
• 2 years after ratification and every 5 years after that
• stating how the articles and standards of the convention are being implemented and the status of children’s rights in the state
• part of this process is ensuring that the Committees recommendations are made public
• NZ last reported in 2015 and was reviewed by the commitee in september 2016

Question 32

who is the Childrens Convention Monitoring Group?

Answer 32

• it is convened by the Office of the Children’s commissioner
• and includes members from the Human Rights Commission, UNICEF NZ, Action for Children and Youth Aotearoa and Save the Children New Zealand

Question 33

how are doing in NZ in regards to meeting our responsibilites?

Answer 33

• the committee welcomes the progress achieved by the State party in various areas:
• the ratification of the Optional Protocol on the sale of children, child prostiturion and child pornography in 2011
• the adoption of the Vulnerable Childrens Act in 2014
• the establishment of Oranga Tamariki, the Ministry for Vulnerable Children, abd the reforms focussed on family violence
• the significant progress in reducing child mortality

Question 34

what are the main areas of concern the UN committee found?

Answer 34

The committee came back with 105 recommendations to improve the rights of children in New Zealand

highlighted as requiring urgent attention:

• unacceptably high rates of violence, abuse and neglect of children, particularly for those in state care and in secure detention
• the lack of a strategy to address increasing rates of child poverty and inadequate housing and social protection measures
• persistently disproportionate negative outcomes for Maori children, Pasifika children and children with disabilities

Question 35

what are some health concerns the UN committee had?

Answer 35

• adopt all measures to protect children from non-accidental injuries
• prevent, identify and address the root causes of youth suicide, with special attention to Maori children
• “strengthen its efforts to combat the marginalisation and discrimination of children with disabilities in their access to health, education, care and protection services, with particular attention to Maori children with disabilities, children with disabilities living in poverty and children with multiple disabilities
• take immediate action to reduce the prevalence of preventable and infectious diseases, including by improving housing conditions, especially for Maori, Pasifika and children living in poverty

Question 36

what has been done to progress the child and youth well-being progress?

Answer 36

the child wellbeing and poverty reduction group!

which is part of the department of the prime minister and cabinet

• child poverty unit (the child poverty reduction act)
• child wellbeing unit
• chief science advisor - child poverty reduction
• child and youth wellbeing strategy

Question 37

how many children were living in bad conditions in 2020/21 (til june 2021)?

Answer 37

• 322,900 children (28.1%) were living in after-housing-costs income poverty, on the 60% of equivalised household median, moving-line measure
• 236,900 children (20.6%) were living in income poverty, on the related 50% measure
• 150,400 children (20.6%) were living in income poverty, on the related 50% measure

Question 38

what is the government doing to the office of the childrens commission?

Answer 38

govt attempt to push through legislation to reduce impact of the Office of the Children’s commission

Question 39

what are the 3 key asks of the save the children petition?

Answer 39

1. That the named role of a Children’s Commissioner with a designated term of office is guaranteed in the oversight of Oranga Tamariki System and Children and Young People’s commission bill
2. That the authority of the childrens commissioner is retained in the Bill where the Children’s Commisioner can report directly to the Prime Minister with or without invitation
3. That the bill does not progress any further until the government undertakes a thorough consultation with children to enable them to share their voice on the development of the new childrens and young people’s commission

Question 40

what does this show?

Answer 40

new zealand is not ranking very well in terms of mental well-being, physical health and skills

• could be due to high suicide rates, low literacy and numeracy skills

Question 41

what is important to children and young people?

Answer 41

• parents and caregivers have enough money for basic stuff like food, clothes and a good house to live in
• children and young people have good relationships with family and friends
• children and young people are kept safe from bullying, violence or accidents
• children and young people are valued and respected for who they are

Question 42

how can we respond and “build back better” by listening to children and considering their rights and well-being?

Answer 42

new and adapted policies must be regenerative, equitable, rights-based and built on Treaty based strategic thinking, offering a future-proof framework for inclusion and diversity that is sustainable