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The complaints mechanism should be [among other things] open to all forms of complaints
from all children and their families; children, staff, parents and all members of children’s
families should have the right to file complaints—no matter how big or how small; all its
procedures should be made clearly known to all concerned; and should include provisions
to protect the child from being adversely affected as a result of the complaint (Article 35
(a));
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The institution should have an anti bullying policy and it should be made known to both
children and staff (Article 39(a));
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The effectiveness of the policy should be regularly assessed in consultation with staff and
children alike (Article 39 (c)).
These provisions, as mentioned at the outset, make the Minimum Standards the most progressive of
all existing legislative instruments related to children in terms of the opportunities that it provides
for their participation. However, many of its provisions are yet to be put into practice—mostly due
to lack of financial resources and manpower but also due to lack of political will and a prevailing
culture that does not accord sufficient importance to children’s participation.
The gaps that exist between the regulations and its application become evident later in the report
both in the outcomes of meetings with stakeholders and also from discussions with children in
alternative care.
Children’s participation and the media
Article 17 of the UNCRC makes it incumbent that:
States Parties recognise the important function performed by the mass media and shall
ensure that the child has access to information and material from a diversity of national
and international sources, especially those aimed at the promotion of his or her social,
spiritual and moral well-being and physical and mental health.
To this end, States Parties shall:
a. Encourage the mass media to disseminate information and material of social
and cultural benefit to the child and in accordance with the spirit of Article
29;
b. Encourage international co-operation in the production, exchange and
dissemination of such information and material from a diversity of cultural,
national and international sources;
c. Encourage the production and dissemination of children’s books;
d. Encourage the mass media to have particular regard to the linguistic needs of
the child who belongs to a minority group or who is indigenous;
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