Independent Child Rights Monitoring Mechanism

- how it can make a difference

The Norwegian Ombudsman for Children Nepal 25 June 2015

Elin Saga Kjørholt, lawyerelin@barneombudet.no

Norway

5 million inhabitants

1 120 000 children

The Norwegian Ombudsman for Children

(short movie)

Why a monitoring mechanism for Children’s Rights?

Children have no political power

Forgotten when decisions are made

Bring an explicit children’s focus to the government which often has adult focus – help politicians make good decisions

Division of power

Parliament GovernmentCabinet

Ministries

Directorates

Court

Supreme Court

Courts of Appeal

District Courts

Independent HR institutions

Parliamentary Ombudsman

National Human Rights

Institution

Ombudsman for Children

Ombudsman for Gender and

Equality

The Norwegian system

What is an Independent Human Rights Institution for Children

• Independent institution with

a mandate to monitor,

promote and protect

children’s rights

• A spokesperson for children

- explicit children focus

• In Norway - no power to

make decisions

Since the 1990s Rapid growth in the number of

Ombudspersons for Children and similar institutions

Variety of models

1996 2012

The three main structural

categories of child rights institutions

NORWAY

Paris PrinciplesUN recommendation that all states should have an

Independant National Human Rights Institution

UN CRC Committe General Comment no. 2Recommends all countries to establish an independent

human rights institution for children

UNICEF Global Review

Children’s ombudspersons are critical advocates to champion children’s best interests and make governance fit for children

Bridging two very different worlds: that of policymaking, government and politics, and that of children, who often find themselves marginalized and excluded from society, and their views sidelined.

Legislation should provide for open and transparent processes, including for allocation of resources;

Governments should instruct relevant departments and public bodies at all levels to fully cooperate with the institutions;

Parliaments should closely consult with the institutions;

Civil society should support independent institutions sharing information, supporting children in making complaints, providing research and evidence to strengthen them;

Donors and intergovernmental organizations should provide technical assistance in establishing and strengthening independent institutions and in raising awareness of their role.

Independent institutions for children are the mirror of how a society views childhood. Its form and scope must be a result of national and local political and social processes that confer legitimacy and broad ownership to

them.

How does the Norwegian Ombudsman for Children work?

Activites

Promote children’s interest in legislation, policymaking, implementation and monitoring

Promote understanding and awareness of children’s rights in the society

The ombudsman’

s opinionOur own investigation

UN Commitee on the Rights of

the Child Research

NGOs and the general

public

Media

We gather information from:

Children

Ombudsmen for children

in other countries

The ombudsmans

opinion

Hearings, comment on

proposed new

legislation

Advise to individuals, including children

Letters to the government

Issue statements and reports with

recommendationsLobbying -

Meeting with the government, politicians etc

Media(Radio, TV,

newspaper, etc)

Holding speeches (conferences

etc)

Then we take action

Selected topic

Visit institutions

Talk to children

Look at legal framework, incl.

international standards

Look at research and talk to practicioners

Make our own surveys

Write report with recommendations

Launch the report, eg. at a

seminar

Media attention

Follow up the recommendations

Talk to relevant minister and

Parliamentarians

Change for

children

Child Participation

Ensure that views of children are expressed and heard

Have access to children in care and detention

Advice from children: Be more visible!

School visits around the

country

Children and young people can also contact us anonymously over

internet on

“Ask the Ombudsman”

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