The use of CRIAs began in Europe in the late
1980s and 1990s. In 2003, they were endorsed
by the United Nations Committee on the
Rights of the Child (the CRC Committee) in
General Comment 5 on general measures of
implementation of the CRC.5
General Comment 5 calls for CRIA processes
to be built into government decision-making
at all levels and as early as possible. The CRC
Committee also advocates for the use of Child
Rights Impact Evaluations (CRIE) to guarantee
that the provisions of the CRC are respected in
the implementation of policy and legislation.
CRIEs can play an important role in evaluating
the effectiveness of a policy or law in promoting
children’s rights and wellbeing, and can be used
to remove or amend actions, or inform the
development of another similar law or policy.
Australia ratified the CRC on 17 December 1990.
However, in 2023, Australia is yet to commit to
the use of CRIAs and CRIEs across all jurisdictions
and does not have a national tool whereby policy
and legislation are systematically assessed for
their impacts on children.
There are some existing mechanisms for the
consideration of children’s rights in law and
policy-making in Australia. Three Australian
jurisdictions have Human Rights Acts—the
Australian Capital Territory (ACT), Victoria,
and Queensland.6 This legislation requires the
respective governments to produce statements
of compatibility with human rights on proposed
legislation introduced into Parliament.
At the Commonwealth level, while there is no
Human Rights Act, all government and nongovernment bills or legislative instruments must
be accompanied by a statement of compatibility
with human rights that includes human rights as
set out in the CRC.
However, these mechanisms are not sufficiently
comprehensive of children’s rights and focus
on legislation only. In the ACT, Queensland,
and Western Australia (WA), Children’s
Commissioners have developed CRIAs.7 These
tools have been useful in assessing impacts of
certain policies and projects but are not widely
used in government decision-making.8
Different forms of CRIAs have been developed
and applied overseas, influenced by local
priorities.9 For example, the Welsh Government
used a CRIA in the context of a proposed
legislative amendment (the Children (Abolition
of Defence of Reasonable Punishment) (Wales)
Act 2020), to remove a defence of ‘reasonable
punishment’ in relation to corporal punishment
of a child in Wales. New Zealand also piloted the
use of local CRIAs in Auckland City and Manukau
City Council areas to improve council processes
of working with children. Although the councils
did not fully complete the assessment, the
individuals who took part in local consultation
processes to inform the CRIA reported that it
changed how they thought about and worked
with children. They also reported identifying
fresh ideas and providing useful input for
councils to better consider children’s issues and
respond effectively.10
Other countries such as Finland, Sweden,
Canada, Ireland and Scotland have used or
implemented national CRIA tools that allow them
to better consider the impacts of policies on
children.11
The aim of a CRIA is to embed child rights and
interests in decision-making.12 A CRIA is used
to systematically assess the impact on children
of laws, policies, budgetary allocations, or
administrative decisions as measured against the
CRC and domestic human rights/child wellbeing
frameworks.
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