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Nearly 30 countries worldwide have a children's commissioner or ombudsman, including Wales, Scotland and Northern Ireland. Yet England's 11.3 million children still have no independent watchdog to champion their human rights. This is despite the United Nations Committee on the Rights of the Child urging all governments that have ratified the organisation's convention to establish independent human rights bodies to monitor, protect and promote children's rights.

Word from the government is that an English commissioner is finally on the cards, to the approval of the Children's Rights Alliance for England. It runs the national coalition of children's organisations that has been campaigning for one. National co-ordinator Carolyne Willow says: "Having a children's rights commissioner in England should help transform adult attitudes. The Icelandic ombudsman for children ran an advert for parents on buses urging them to give children 'consideration, respect and guidance'. It would be great to see something like that in our major cities."

A commissioner must also be able to challenge legal and governmental decisions, she adds, and should be willing to risk the displeasure of government and other institutions in their pursuit of improvements for children. Willow says: "It would be a wasted opportunity after all this time to establish a commissioner that lacks any real teeth. We need to draw on what works across the world, then set about building a model that can most protect the rights of children in our country."

Commissioners elsewhere have achieved significant improvements. The French ombudsman lobbied for a legal amendment to increase protection of children placed in psychiatric institutions; the Polish ombudsman lobbied parliament to introduce tax reduction schemes for voluntary organisations that give grants to poor families; and the voting age has been reduced to 16 in two small Austrian federal states.


NORWAY
The ombudsman for children (Barneombudet)

Name: Trond Waage.

How long do you hold the post of ombudsman for? Norway was the first country to establish a commissioner, or ombudsman, with statutory measures to protect children and their rights in 1981. The ombudsman is appointed for four years. I am Norway's third ombudsman. I have served since 1996 and am on my second period of office. The ombudsman can hold office for two terms.

Annual budget: The 2001 budget was 6.9m Norwegian kroner (£594,000). The total income is from government grants.

How independent are you? The ombudsman is independent, non-partisan and politically neutral. Although the ombudsman is under the jurisdiction of the Ministry for Children and Family Affairs, neither the national assembly nor the government has the power to instruct the ombudsman.

What is your remit and what are your powers? My duties are to promote children's interests to public and private authorities. The ombudsman has the power to investigate, criticise and publicise matters seen as important in improving the welfare of children and young people. The ombudsman has access to all public and private institutions for children. They take up cases on their own initiative or at the request of others. Anyone can apply to the ombudsman. However, they do not take up cases concerning specific, individual conflicts between a child and its guardians or between the guardians themselves.

What significant achievements have you had? Pioneering new ways of staying in contact with young people through an internet parliament, with student representatives from 25 democratically elected school councils. The aim is to let young people have their say through mini-referendums on issues that concern them. A children's power-line was set up in 1989. It gathers information about the lives of children and provides swift replies and information to callers. 

- Further information from www.barneombudet.no


ICELAND
The ombudsman for children (Umbodsmadur barna)

Name: Thorhildur Lindal.

How long do you hold the post of ombudsman for? The ombudsman is appointed by the prime minister for five years. I was the first ombudsman, appointed in January 1995 and was reappointed to serve another five years in January 2000.

Annual budget: For 2003, the budget is 24.6m Icelandic krona (£197,000). The budget is funded entirely by the government.

How independent are you? I am totally independent and not subject to instructions from the government or anyone else.

What is your remit and what are your powers? I seek to ensure that central and local public authorities, individuals, organisations and legal representatives give full consideration to the interests, needs and rights of children. The ombudsman does not deal with disputes between individuals or take up cases of individual children if their case should legally be resolved by the public authorities, parliament or the courts. Where cases are taken up, it is free. I can demand all the information needed from the authorities, individuals and others - for example, reports and records, where I think that they have infringed the rights, needs and interests of children in society. I can also summon the parties concerned or go to see them. I have free access to all institutions that house children or deal with children in one way or another, whether publicly run or by individuals or other organisations. My conclusions are not legally binding, but those concerned are expected to heed my observations, recommendations and proposals.

What significant achievements have you had? A long-term project to stop bullying in school. Fifteen- to 18-year-olds are no longer placed in conventional prisons since a report from this office. Instead, the prison and probation administration has made an agreement with the government agency for child protection that these children will be placed in rehabilitation centres. Provisions in several laws have been been amended as a result of interventions by the ombudsman, including the act on torts. It now says that in determining indemnity for victims of child sexual abuse the following should be studied: the nature of the act, how long the abuse lasted and whether it violated a family or confidential relationship. Another achievement is the implementation of the UN Convention on the Rights of the Child.


Why do you think it is important for a country to have a children's commissioner? Because of their role as a spokesperson for children. My role is also to further the well-being of children and to look after their interests, rights and needs vis-…-vis public as well as private parties in all walks of life. The ombudsman is a protector of all young people up to 18.

- Further information from www.barn.is  


LITHUANIA
The controller for the protection of the rights of the child (Lietuvos respublikos voiko teisiu apsaugos kontrolieriaus istaiga)

Name: Grazina Imbrasiene

How long do you hold the post of ombudsman for? My post is appointed by parliament (the Seimas) based on the chairperson of the Seimas's recommendation. The post lasts four years and an ombudsman cannot serve more than two consecutive terms. The office was set up in September 2000 and has eight staff.

Annual budget: For 2003, the budget is 540,000 litas (£110,000). The budget is funded entirely by the government and covers all salaries, taxes, business trips, conferences, equipment, office equipment, office means, fuel expenses and so on.

How independent are you? I am independent of the state, municipal institutions, non-governmental organisations and citizens.

What is your remit and what are your powers? I can submit proposals to change legislation, demand information and documents in relation to the rights and legal interests of children and investigate complaints about the treatment of children. I can also freely enter state and municipal institutions to examine their activities and to participate in government meetings when children's issues are discussed.

What significant achievements have you had? The establishment of the ombudsman has strengthened protection for children's rights and has meant children and adults in Lithuania are better acquainted with their duties and their rights. They also know there is an institution to which they can apply for help. As a result, the ombudsman's office has received 489 written and oral complaints and has started 23 investigations into the violations of children's rights and interests.

Why do you think it is important for a country to have a children's commissioner? It is important to have one who is independent and can oversee the work of parliament. Because we are responsible for dealing with all the questions, issues and challenges that arise around children's rights protection, the children's ombudsman has a lot of authority, and is trusted.

- Further information from: www.lrs.lt


ENGLAND
Wish-list for the children's rights commissioner

Postholder: A strong figurehead, somebody that children and young people can recognise and relate to in the public domain, who they see working for them in a high-profile position.

Annual budget: Using the annual costs of running the Welsh commissioner's office as a guide, a similarly resourced body for England's 11.3 million children could cost up to £15m a year. This compares with the Commission for Racial Equality's £19m in 2001-2 and the Disability Rights Commission receiving more than £12m in the same year.

Relationship with government: Independent of government and able to review and report freely and publicly on any matter related to children and their rights and interests.

Remit and powers: The commissioner's work should be guided by the UN Convention on the Rights of the Child. They should have investigatory powers to carry out inquiries, a statutory power in exceptional circumstances to deal with individual complaints and an independent role in monitoring the implementation of the UN convention. They should also have the power to require government ministers to carry out child impact reviews on any decision or proposal and be able to offer financial or other support to any organisation that directly supports children in understanding and claiming their human rights.

Targets and achievements: Remove children from the prison system, increasing the age of criminal responsibility to reflect policy in many other EU countries and changing the treatment of young asylum seekers and refugees to become fully compliant with human rights legislation. In addition, it is important that the commissioner is viewed positively not just by children but by parents and professionals too.

Why do we need one? An independent children's rights commissioner could provide an authoritative and constant voice in a range of forums, including parliament and the media. They could hold government and other agencies to account and galvanise political, public and professional support for the rights of children. 

- From The Case for a Children's Rights Commissioner for England, Children Rights Alliance for England, January 2003. For further information tel 020 7278 8222. E-mail: info@crights.org.uk or go to www.crights.org.uk