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.
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