9 International and National Influences and Advocacy
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Ursula Kilkelly
Abstract
It has been observed that despite some weaknesses, international children’s rights standards on youth justice are ‘an effective benchmark against which law, policy and practice can be measured’ (Kilkelly, 2008a, p 191). Of course, in the absence of effective enforcement mechanisms, implementation of standards depends on the advocacy, support and scrutiny of national and international bodies. Ireland has an active human rights community and children’s sector with organizations that have actively influenced the reform of child detention in Ireland. As a state party to multiple United Nations and Council of Europe human rights treaties, Ireland is subject to the monitoring and scrutiny of these bodies, which have played a similarly important role in advocating reform. Given legitimate public concern, child detention has also been the subject of parliamentary scrutiny and media interest in Ireland, as elsewhere. All of this combined, in recent years, to place the reform of child detention under intense and regular scrutiny.
The aim of this chapter is to explore how these external influences helped to bring about the implementation of children’s rights standards in Oberstown Children Detention Campus. It begins with an analysis of the monitoring of child detention by the Committee on the Rights of the Child (the CRC Committee), the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the European Commissioner for Human Rights and the impact that their recommendations had on reforms. The chapter then moves to the national level where the impact of bodies such as the Children’s Rights Alliance, the Irish Penal Reform Trust and statutory human rights bodies is outlined.
Abstract
It has been observed that despite some weaknesses, international children’s rights standards on youth justice are ‘an effective benchmark against which law, policy and practice can be measured’ (Kilkelly, 2008a, p 191). Of course, in the absence of effective enforcement mechanisms, implementation of standards depends on the advocacy, support and scrutiny of national and international bodies. Ireland has an active human rights community and children’s sector with organizations that have actively influenced the reform of child detention in Ireland. As a state party to multiple United Nations and Council of Europe human rights treaties, Ireland is subject to the monitoring and scrutiny of these bodies, which have played a similarly important role in advocating reform. Given legitimate public concern, child detention has also been the subject of parliamentary scrutiny and media interest in Ireland, as elsewhere. All of this combined, in recent years, to place the reform of child detention under intense and regular scrutiny.
The aim of this chapter is to explore how these external influences helped to bring about the implementation of children’s rights standards in Oberstown Children Detention Campus. It begins with an analysis of the monitoring of child detention by the Committee on the Rights of the Child (the CRC Committee), the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the European Commissioner for Human Rights and the impact that their recommendations had on reforms. The chapter then moves to the national level where the impact of bodies such as the Children’s Rights Alliance, the Irish Penal Reform Trust and statutory human rights bodies is outlined.
Chapters in this book
- Front Matter i
- Contents iii
- List of Cases and Instruments iv
- List of Figures vi
- About the Authors vii
- Acknowledgements viii
- Foreword ix
- Introduction 1
- Children’s Rights in Detention 5
- An International Perspective 20
- Irish Youth Justice Law and Policy 35
- Introducing Child Detention in Ireland 50
- Oberstown and the Process of Change 68
- Implementing Children’s Rights in Detention 87
- Children’s Rights to Protection from Harm 105
- Staff Wellbeing and Communication 122
- International and National Influences and Advocacy 139
- Reflections: Enablers and Barriers to Reform 155
- Afterword 177
- References 180
- Index 203
Chapters in this book
- Front Matter i
- Contents iii
- List of Cases and Instruments iv
- List of Figures vi
- About the Authors vii
- Acknowledgements viii
- Foreword ix
- Introduction 1
- Children’s Rights in Detention 5
- An International Perspective 20
- Irish Youth Justice Law and Policy 35
- Introducing Child Detention in Ireland 50
- Oberstown and the Process of Change 68
- Implementing Children’s Rights in Detention 87
- Children’s Rights to Protection from Harm 105
- Staff Wellbeing and Communication 122
- International and National Influences and Advocacy 139
- Reflections: Enablers and Barriers to Reform 155
- Afterword 177
- References 180
- Index 203
