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Preliminary Check

The purpose of the preliminary check is to determine whether the proposal you’re working on could affect children’s development or well-being, and by extension, their rights. To do so, you will need to answer the following two questions:

  1. What is the aim of this proposal?
  2. Could the proposal you’re working on have an impact on children’s development or well-being, and therefore on their rights?

The UN Committee on the Rights of the Child has identified seven specific elements⁴ to consider when assessing a proposal’s impact on children’s development and well-being. The Committee notes that this list of elements is not exhaustive and that additional elements should be added where appropriate. The seven elements should be considered a minimum requirement.

The elements are explained in greater detail in General Comment 14. You should consult this document during the Preliminary Check and later in Step 1.

These elements provide a framework for understanding how to put children’s rights into practice. These elements are not abstract concepts, but tools that teach us how to put children’s rights into practice. They are essential to ensuring a bright future for all children.

During the Preliminary Check, the seven elements will help you determine whether your proposal could affect children’s development or well-being. You will revisit them again in Step 1 of the CRIA.

It is important to consider each of the seven elements carefully, since the potential impact of your proposal on children’s interests (both positive and negative) may not be obvious at first. Check each of the elements in turn before moving on.

Please note: This should be interpreted as broadly as possible. For example, your proposal may affect children indirectly or only in the long term. Children’s rights must be at the forefront of policymaking, so it’s better to err on the side of caution. When in doubt, proceed with the CRIA.

Results of the Preliminary Check
If your proposal will not affect the interests of children in the short term or the long term, either directly or indirectly, the assessment ends here. However, if your proposal does have the potential to affect children, you must proceed with the four-step process for conducting a full CRIA.

When answering the above questions, be sure to address at least the following seven elements.

The child’s identity

This refers to distinguishing characteristics such as gender, sexual orientation, ethnicity, nationality, culture, religion, health status, age and residency status.

Preservation of the family environment and maintaining relations

This refers to the child’s social network, such as the composition of their household, as well as other important contacts like extended family, peers, friends, neighbours and teachers.

Care, protection and safety of the child

This refers to whether children are protected from physical and/or mental violence, as well as whether they grow up in a stable environment.

The child’s right to health

This refers to children’s mental and physical health and access to necessary healthcare.

The child’s right to education

This refers to whether children have had uninterrupted opportunities for cognitive and socio-emotional development.

The child’s right to express their views

This refers to children’s right to express their opinions in a meaningful way on decisions that affect them.

Situations of vulnerability

This refers to vulnerability due to physical or mental disabilities or circumstances such as trauma, violence, placement in foster care or being a refugee.
Back to the CRIA

De Kinderombudsman

Postbus 93122
2509 AC Den Haag
0800-876 5432
kinderombudsman.nl

De Kinderrechtentoets is een tool van de Kinderombudsman
10 december 2024

Rapportnummer KOM008/2024