Appendix 3 | Applying the CRIA tool to COVID-19 pandemic policy and legislation relating to the closure of schools and early childhood education and care in Australia Question 2: Using the checklist below, identify whether children’s rights are likely to be advanced or restricted by the policy/legislation. All the rights included in the Convention on the Rights of the Child (CRC) are necessary to the basic development of a child. No one right is given more importance than any other. They function as integrated components. While individual rights are identified in this section, collectively they can influence all aspects of a child’s or family’s life. A direct impact on children’s rights refers to policy/legislation that explicitly impacts on a child’s life. For example: • If the policy/legislation changes how children and families access school and early childhood education (i.e. COVID-19 school closures), the right to education is impacted. • If the policy/legislation results in the redevelopment of community and recreational spaces (i.e. replacing parks with commercial office spaces), the right to rest and leisure is impacted. • If the policy/legislation results in the collection of personal information that relates to children, the right to privacy is likely to be engaged. An indirect impact on children’s rights occurs where policy/legislation predominantly impacts on those other than children, but children are impacted as a consequence. For example: • If the policy/legislation impacts the ability of a parent to care for their child (i.e. mandatory sentencing), the best interests of that child must be considered as their wellbeing will be impacted as a result. • If the policy/legislation impacts on parental access to social or economic benefits, a number of children’s rights may be impacted as a consequence of their parent being unable to afford basic necessities. Refer to the CRC or Appendix 4 to add more rights, if impacted. Safeguarding Children: Using a child rights impact assessment to improve our laws and policies | 63

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