Drafting legislation - Childrens Rights Reform

Drafting legislation

  • Depending on the chosen method (Method 1: Constitutional incorporation; Method 2: Comprehensive Children’s Code (Single-law approach); or Method 3: Multiple law or sectoral approach) proposed legislation must be drafted.
  • Drafting legislation on children's rights typically begins with government legal drafting offices, which are responsible for initiating the process in many jurisdictions. These offices, often comprising legal experts and policymakers, play a central role in formulating legislative proposals in line with established principles of good regulation.
  • In some countries, legislation on children's rights may also be initiated by civil society actors, who draft proposals and present them to members of parliament or other relevant legislative bodies. Additionally, parliamentary committees or individual members of parliament may call for public inputs and consultations to inform the drafting process, ensuring that diverse perspectives and stakeholder interests are considered in the formulation of children's rights legislation.
  • Drafting children's rights legislation necessitates adherence to key principles for good regulation, underpinned by democracy, the rule of law, and the protection of human rights.

E.g.: Australia Human Rights (Parliamentary Scrutiny) Act, requires compatibility assessments with the CRC for all new bills.

Part 3Statements of compatibility

8 Statements of compatibility in relation to Bills

(1) A member of Parliament who proposes to introduce a Bill for an Act into a House of the Parliament must cause a statement of compatibility to be prepared in respect of that Bill.

(2) A member of Parliament who introduces a Bill for an Act into a House of the Parliament, or another member acting on his or her behalf, must cause the statement of compatibility prepared under subsection (1) to be presented to the House.

(3) A statement of compatibility must include an assessment of whether the Bill is compatible with human rights.

3 Definitions

(1) In this Act:

human rights means the rights and freedoms recognised or declared by the following international instruments:

(a) the International Convention on the Elimination of all Forms of Racial Discrimination done at New York on 21 December 1965 ([1975] ATS 40);

(b) the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966 ([1976] ATS 5);

(c) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23);

(d) the Convention on the Elimination of All Forms of Discrimination Against Women done at New York on 18 December 1979 ([1983] ATS 9);

(e) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 ([1989] ATS 21);

(f) the Convention on the Rights of the Child done at New York on 20 November 1989 ([1991] ATS 4);

(g) the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006 ([2008] ATS 12).