In 2022, the National Children’s Commissioner, in
collaboration with UNICEF Australia, commenced
a project to develop a Child Rights Impact
Assessment (CRIA) tool for policy-makers and
legislators to use when assessing the potential
impacts of policies and legislation on the rights
and wellbeing of children.
Applying the tool to assess policy decisions that
had already taken place provided an opportunity
to explore how children’s rights and wellbeing
can be considered in a systematic way, and what
type of information might be available to policymakers in Australia to do so. The intent was not
to evaluate the decisions that were made by
various jurisdictions to close early childhood and
care (ECEC) and schools.
In addition to providing a systematic process for
considering children’s rights, CRIAs highlight the
need for children’s views and experiences to be
incorporated into decision-making in policy and
legislation. Under the UN Convention on the Rights
of the Child (CRC), children have a right to express
their views and have these views considered in all
decisions that concern them, including in policy
and law. The CRC defines children as any persons
under the age of 18 years.
Bringing children into decision-making processes
challenges historical attitudes to children and
their capabilities—including their capacity
to express their views about the things that
affect them and the assumption that adult
decision-makers will inherently act in the best
interests of children.2 However, despite some
welcome developments, the views and needs
of children and young people are rarely sought,
nor considered in any systematic way in the
development of policy and legislation.3 This is
despite children being both directly and indirectly
impacted by these policies and laws.4
This report outlines the reasons for using CRIAs
in policy and legislative development, the process
undertaken to develop the CRIA, including
applying the tool to the issue of ECEC and school
closures during the COVID-19 pandemic. It also
describes how to use the tool. The CRIA tool
template is included in Appendix 1.
The report concludes with some observations
about the value of the tool and its application
across policy and legislation in Australia.
The inclusion of the voices of children and young
people in the development of policy is gaining
some traction in Australia. For example, Principle
3 in Safe and Supported: The National Framework
for Protecting Australia’s Children 2021-2031 (the
National Framework) states that the work of
the framework will be guided by ‘listening and
responding to the voices and views of children
and young people, and the voices and views of
those who care for them’.1
Safeguarding Children: Using a child rights impact assessment to improve our laws and policies | 9