«The right of the child should always take precedence»
Mrs Inderbitzin, can you give us examples of a child's rights?
Key elements of children's rights include the right to parental care and the right to protection from violence. The UN Convention also includes the right to education, health, play and leisure. As is often the case in the legal world, different legal interests can also collide in everyday family life. For example, the child's right to privacy and parental care when parents locate their child via a tracking service: The child is entitled to the protection of their data and personal rights, while the parents want to protect them from danger. When it comes to circumcision, the right to religion can collide with the right to integrity.
What does the Office of the Children's Advocate do when a child's right is violated?
We have estimated that around 100,000 children in Switzerland come into contact with the legal system every year. This may be due to parental separation, exclusion from school or, in the worst cases, violence or sexual exploitation. Ideally, the state intervenes when the parents, as the primary legal representatives, can no longer guarantee the child's welfare. The child then receives counselling or there are support measures for the family. It is important that the child has the right to participate, that they are listened to, informed and counselled in an age-appropriate manner and, if they are placed with another person, that they have their own legal representation. The Children's Advocacy Centre advises children and young people by telephone. We work in a resilience-orientated way, i.e. we want to encourage children to take legal action. For example, we advise a child to write down everything they have told us on the phone, send it to the judge as a letter and ask for a personal meeting.
What do you wish for the future of children's rights?
I would like all professionals in the legal system to know and apply the rights of children, then there would be no need for us. However, this is not as easy as it sounds, which is why it is imperative to create a neutral ombudsman's office. This low-threshold and anonymous legal advice and mediation service should ensure that children's rights and procedural rights are guaranteed and that legal decisions are made in the best interests of the child and that children's rights always take precedence in legal matters.
www.kinderanwaltschaft.ch
www.kinderombudsstelle.ch
Update: The planned creation of an ombudsman's office has taken an important intermediate step. The Science, Culture and Education Committee of the Council of States (WBK-S) has examined the motion and recommends that the Council of States adopt it (as of 31 January 2020). The motion instructs the Federal Council to submit the legal basis for an ombudsman's office for children's rights to Parliament. We will keep you up to date on how the creation of an anonymous legal advice and mediation service is progressing.
30 years of children's rights
On 20 November 1989, the Convention on the Rights of the Child was unanimously adopted by the UN General Assembly. It is the most successful convention to date, as it has been ratified by all member states - with the exception of the USA. The convention comprises 54 articles. It recognises a child as an independent being with a will of its own and demands that the best interests of a child be given priority in all decisions.
Various events will take place on Children's Rights Day. On the Bundesplatz in Bern, there will be a run of posts for school classes, and in the afternoon the public is invited to a colourful programme. From 20 November until spring 2020, an exhibition will be on display in the Wandelhalle of the Federal Palace highlighting gaps in the implementation of the Convention on the Rights of the Child.
Further information: www.pestalozzi.ch
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