One voice
After the United Nations Convention on the Rights of the Child was applied to Hong Kong in 1994, the government's responsibility has been to implement the myriad rights to which children are now entitled. Article 3, crucially, requires that in all actions concerning children, 'the best interests of the child shall be a primary consideration'. Although real progress has been made by various bodies to advance child welfare, greater focus is vital and much remains to be done for this highly vulnerable group.
The UN Committee on the Rights of the Child considers that an independent mechanism is necessary to promote the interests of the child. This important message has struck home, and dedicated bodies were created around the world to cater for their specific needs. Since Norway became the first country to establish a commissioner (or ombudsman) for children in 1981, a global trend has developed. Child commissions have now established sound credentials for themselves in many places, including those in Australia, Canada, New Zealand and Britain. The message has also been heeded in Hong Kong, although not by everyone.
On June 8, 2007, the Legislative Council voted unanimously in favour of Dr Fernando Cheung Chiu-hung's motion, which urged the government to set up a commission on children to fulfil the obligations under the UN convention, safeguard the well-being of children and ensure that children's perspectives are fully taken into account in the process of formulating government policies. This call, though unequivocal, has yet to be acted upon. Although the government responded by creating the Family Council, this has not satisfied the Alliance for a Children's Commission, which represents 23 agencies, for good reason.
A dedicated child commission is required which is independent of government, with real authority to monitor policy, assess the effects of legislation and champion the cause of the child. This notion is by no means novel, and the Commission on Youth (1990), the Equal Opportunities Commission (1996), the Elderly Commission (1997) and the Women's Commission (2001) have all done useful work for various groups in society. A fractured approach is recognised as being less than salutary for advancing the interests of such people, and children are no exception. They require their own commission, which must have real powers and be fully resourced and independent.
The child commission would be busy from day one. Quite apart from monitoring the implementation of the Convention on the Rights of the Child, it would research and analyse data; advise government and policymakers; ensure child impact studies are conducted on proposals for legislative change; encourage effective co-ordination between the bureaus and non-governmental organisations responsible for children; promote public campaigns to heighten awareness of particular areas of concern; and examine breaches of children's rights from a policy perspective and suggest improvements.
Since Article 12 of the convention requires that the views of the child be given 'due weight in accordance with the age and maturity of the child', the commission would also need to consult with children where appropriate and to speak on their behalf.
Numerous bodies currently undertake a host of worthy tasks in various areas of child welfare, both within government and outside, but there is an element of 'too many cooks'. They include the Family Council, the Commission on Youth, the Children's Rights Forum, the Children's Rights Unit and the Children's Rights Education Funding Scheme, to name but a few.
All of this activity needs to be properly co-ordinated, supervised and managed, and then developed to best advantage. It is high time for a child commission to take the wheel and provide a holistic approach to child welfare.
England's former child commissioner Sir Albert Aynsley-Green has called for children to be seen 'as individuals in their own right, and not just as chattels of families'. A child commission would do much to ensure that children are fully valued by adult society, and that they freely enjoy their rights under the UN convention. It would also challenge all of those who deal with children to raise their game and do better. The children of Hong Kong deserve no less.
Grenville Cross SC, a former director of public prosecutions, chaired the committee on the evidence of children in criminal cases, and campaigns for children's rights. This is an abridged version of his keynote address to the Against Child Abuse forum on stopping sex trafficking in children, to be held today
