Step 1

Children’s interests

In this step, you will identify any children’s interests that are at stake. This step consists of two parts. In the first part (1A), you will analyse the potential impact of your bill or policy proposal on children’s rights. This requires you to identify groups of children who could be affected by the proposal, particularly any children in vulnerable situations or who might be affected differently or more severely. Make sure to consider both the short-term and long-term effects. To do so, you will need to identify which elements and children’s rights are relevant to your proposal. Build on your findings from the Preliminary Check.

In the next part (1B), you will use your results from 1A to talk with children (either individually or in groups) about your proposed law or policy. Together, Steps 1A and 1B will provide a clear picture of how your proposal can protect and promote children’s rights as effectively as possible.

Step 1A

Identify children’s interests

If the Preliminary Check indicated that your proposal could have an impact on children, a more in-depth analysis is required. Start by answering the following questions:

How will this proposal affect children’s well-being and development, either directly or indirectly?
How can we safeguard children’s interests as effectively as possible in this proposal?

Useful resources

The following resources will help you answer these questions more effectively and get the most out of your analysis:

The articles of the United Nations Convention on the Rights of the Child (UNCRC), along with the corresponding protocols and the General Comments issued by the UN Committee on the Rights of the Child
Other legislation concerning children’s rights at the local, national and/or international level
Civil society organisations, such as those that advocate for children’s rights
Relevant government agencies
Academic expertise

Further exploring the seven elements and the UNCRC rights

In this step, you will consider both the seven elements from General Comment 14 and the children’s rights set out in the UNCRC. The seven elements are listed in the Impact Matrix. Examples of corresponding rights are given for each of the seven elements. However, the examples in the matrix are not exhaustive. Make sure to consider all UNCRC rights, including those not listed in the matrix.

The Impact Matrix can help you see the potential impact of your proposal more clearly. Feel free to add additional elements or children’s rights to the matrix that don’t quite fit into the other elements but are relevant to your proposal, such as ‘housing’ or ‘climate’.

You may find that certain elements and/or children’s rights clash with one another. For example, the need to keep families together can conflict with the need to protect children from violence or abuse from their parents. In these situations, you will need to weigh the elements and/or rights carefully to find a solution that is in the best interests of the child.

Key considerations

Consider the impact on different groups of children
When assessing the impact of your proposal on children, you may find that it affects all children in the European and/or Caribbean Netherlands, or it might only affect a specific group of children. For example, if you are working on a bill about youth care, it makes sense to focus mainly on the bill’s impact on children in youth care. But if your proposal concerns a broader topic like ‘housing’, it could have implications for all children in the European and/or Caribbean Netherlands. Some topics, such as legislation on government benefits, can have an indirect impact on children because they affect the child’s household as a whole.

Please note: when it comes to topics like ‘migration’, the children who are affected may not reside in the European or Caribbean Netherlands and/or may not have Dutch citizenship.

To assess whether proposed laws, regulations and policies affect all children equally, it’s important to identify any children within the larger group who are particularly vulnerable or who may be disproportionately affected by your proposal. The element ‘Situations of vulnerability’ can provide insight in this regard. The sub-group of vulnerable children may include children who are more susceptible to discrimination or those with disabilities or impairments. You must also check whether your proposal could put children who are not currently at risk into vulnerable situations or positions.

Use the list of vulnerable groups to identify specific groups of children who may be at risk. This list is not exhaustive; you may be able to identify other groups of vulnerable children. For each of these groups, consider the specific ways in which they could be affected by your proposal.

Clearly describe any differences in outcomes between the larger group of affected children and those in vulnerable situations.

Short-term and long-term impact
Identify both the short-term and the long-term effects of your proposal. It’s important to evaluate the proposal not just in terms of its immediate impact, but also in terms of its implications for the future. A proposal could have a negative impact in the short term (such as uncertainty or unrest among the target group due to policy changes) but lead to more positive outcomes in the long run.

Your findings from the Preliminary Check and Step 1A will provide input for the next step, in which you invite children to participate.

Step 1B

Talk to children

Why involve children?
The aim of talking with children, either individually or in groups, is to hear their thoughts on the proposal and its potential impact on their lives, development and rights. How do they expect the proposal to affect their own lives and those of other children? Make every effort to get the clearest possible picture of what children think about the proposal.

These conversations can provide valuable insights into different aspects of your bill or policy proposal, giving you a more comprehensive understanding of children’s interests. The following aspects are particularly important:

Children’s opinions on the proposal and on the topic as a whole
Threats to children’s rights/interests that were not yet identified (blind spots)
Children’s own solutions to any issues identified in Step 1A

Guidelines for child participation: How to talk with children

Participation must always be voluntary
The following are key requirements for safe, effective child participation:

Communicate information in a child-friendly way.
Remain transparent throughout the entire process (expectation management). It’s important for children to know in advance what you’ll be talking about, what is expected of them during the interview, and what will be done with the information you’ve gathered.
Provide a safe, welcoming setting. Ask children what they need to feel at ease during the interview. Invite them to bring someone along if they wish. Tailor the conversation to the child’s developmental level as much as possible.
Be inclusive: ensure that all children can participate.
Ensure that a professional with the authority to influence the proposal is present. This will help guarantee that children’s input is actually incorporated into the proposal.
Give children the time and the space to talk about things they find relevant and important.
Treat one another with respect.
Let the children know how you plan to incorporate their input (see Step 4).

In General Comment 12, the UN Committee on the Rights of the Child offers guidance on how to make sure children’s voices are heard. The Committee emphasises that there is no age limit on the right of children to express their views.

Additional points to consider when talking with children
Think carefully about who you want to talk to and the best way to handle the conversation. Child participation can take many different forms: one-on-one conversations, group discussions, children’s councils or parliaments, child-led organisations, children’s unions or other representative bodies, discussions at school, social networking websites, etc. You may wish to enlist the help of organisations specialised in facilitating child/youth participation.

Discussions should be held with children who will actually be affected by the proposal, including those in vulnerable circumstances and those who may be disproportionately affected (if applicable). It’s also important to ensure that a wide range of voices are heard from the various groups of children who could be affected by the proposal.

If you plan to hold group discussions, be mindful of group dynamics. Children in vulnerable situations may find it difficult to share their feelings in a group setting, particularly with other children who do not share their circumstances. For this reason, you may wish to speak to groups of vulnerable children separately from the larger group. It’s a good idea to ask the children how they themselves feel about this. We also recommend involving a professional experienced in holding these types of conversations with children.

When preparing for or conducting talks with children, you may find it helpful to use questions from the checklist The Best Decision for You: A Quick Check! This will give you a better understanding of the children’s identities, their priorities, important figures in their lives, what they need to feel safe, etc.

Before talking to children, consider whether you need express permission from their parents, as well as how to inform parents of their child’s participation. You should also consider whether to compensate the children for their time.

Conclusions from Step 1
Once you have completed your own analysis and talked with children, determine what is needed to ensure children’s rights are prioritised in your proposal. In other words, what form would the proposal take if children’s rights were truly given precedence? You will take these conclusions into consideration in Step 3.