Institutional capacity-building and reform - Childrens Rights Reform

Institutional capacity-building and reform

Capacity-building and training

According to the CRC Committee, implementation of legislative reform requires training and capacity-building for all those involved in the reform and implementation process – government officials, parliamentarians and members of the judiciary – and for all others involved (see: WHO).

Training needs to be systematic and ongoing, including both initial training and periodic re-training.

The purpose of training is to emphasise the status of the child as a holder of human rights, to increase knowledge and understanding of the CRC and to encourage active respect for all its provisions, as well as the provisions of domestic legislation incorporating children’s rights (CRC GC 5, para. 53). It equips legislators, policymakers and practitioners with the knowledge and skills to support legislative reform and the implementation of the CRC. Training on the significance of the revised legislation should also be undertaken.

There should be a periodic evaluation of the effectiveness of the training, reviewing not only knowledge of the legislation and its provisions but also the extent to which it has contributed to the development of attitudes and practices which actively promote the enjoyment by children of their rights (CRC GC 5, para. 55)

Institutional reform

Need for institutional reform in legislative processes

Institutional reform is imperative in parallel with legislative reform processes aimed at enhancing children's rights.

  • While legislative changes provide a framework for protecting and promoting children's rights, effective implementation hinges on robust institutional structures. This is why there is a need for concurrent institutional reform to ensure the practical realisation of legislative mandates.

Strengthening legislative and implementation capacities

For children’s rights legislative reform to be effective the strengthening of institutional capacities is key.

  • However, merely enacting legislation concerning children's rights is insufficient without the requisite institutional machinery to execute and enforce these rights effectively.
  • Institutional reform involves bolstering implementation capacities across various sectors, including the judiciary, law enforcement, social welfare, education and health care.
  • This entails allocating adequate resources, enhancing human capital, and establishing specialised units or agencies dedicated to children's rights.

Coordinated governance framework

Legislative reforms often span multiple sectors and agencies, necessitating a coordinated governance framework to harmonise efforts and avoid fragmentation.

  • Institutional reform aims to streamline coordination mechanisms, facilitating seamless collaboration among governmental bodies, civil society organisations and other stakeholders.
  • Establishing centralised institutions or coordinating bodies can enhance coherence and efficiency in implementing children's rights legislation.

Enhancing accountability and transparency

Institutional reform plays a pivotal role in fostering accountability and transparency within the legislative process.

  • By establishing mechanisms for monitoring, evaluation and reporting, institutions can ensure adherence to legal mandates and track progress in achieving children's rights objectives. This may involve setting up oversight bodies, instituting reporting requirements, and promoting access to information to hold relevant actors accountable for their actions.
  • This can refer to non‐legal mechanisms (for example: which include governmental and non-governmental stakeholders as well as important executive, judicial and religious authorities. It can also refer to semi-legal models (i.e. Ombudspersons, ICRI, NHRI, Child Protection Authorities, Municipal Boards for Child Protection, etc.).

Addressing institutional gaps and weaknesses

Legislative reform often uncover institutional gaps or weaknesses that impede effective implementation.

  • Institutional reform tries to address these deficiencies by restructuring or realigning existing institutions, filling capacity gaps, and fortifying mechanisms for addressing emerging challenges. This may entail revising mandates, enhancing coordination mechanisms, or investing in infrastructure and technological capabilities to overcome barriers to implementation.

Upholding children’s rights

At the core of institutional reform within the legislative process is the imperative to uphold children's rights, interests and well-being.

  • Institutions play a pivotal role in translating legal provisions into tangible benefits for children, ensuring their rights are upheld and protected.
  • By fostering a culture of child-centred governance and accountability, institutional reform reinforces the commitment to prioritise children's rights in policymaking and implementation processes.