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Discussion points Vasudeva Sharma CRT-Child Rights Trust, Bangalore Slide 2: Respond in one line Food Child labour Bribe Property Traffic rules Alcoholism Sex Honesty First Stage : Record your feelings. Second Stage : Identify some body known to you in the group and record your perception about what he/she thinks about the situations given. Third Stage : While keeping the response you gave in the first stage and the statement you made for the other person, write another statement which would be acceptable to both of you. If you want, you can share with the other person. Later share your joint response with the group. What is your response? : What is your response? A master who took a very expensive Gurudakshina! A trusted escort who used children for his pleasure. Volunteers of an organisation working on health issues being anemic. I don't want that residential school. If you force, give some poisn too... 10 year old girl selling bananas at the Police Training College. 42 boys lodged escaped from the Bangalore Observation home. The process of identifying policy issues. : The process of identifying policy issues. What is the issue? Who says it is an issue? Why has it become an issue? How does your personal / professional/ orgranisational background (your gender /experiences/ values/ beliefs/ assumptions/ circumstances) affect your understanding of the issues? What are the root causes? How are the root causes perpetuated? What factors are influencing this cause? Does this issue require policy analysis / development? The context – for CR based policy Analysis : The context – for CR based policy Analysis Local, state, national and global situation of children Children are recipients of services Children as rights holders Children as consumers Children as a growing labour force Children as stake holders Children in need of protection, etc. What is policy and its nature? : What is policy and its nature? Is a response from an authority to a situation (organisational policy / individual policy / group policy / policy of the Government) A list of do’s and don’ts, A list of musts in a certain situation (if you violate you may be punished/ you may be denied certain privileges /services/ etc.) An intelligently crafted code to protect the interests of certain groups A policy is dynamic (can change progressively to safe guard the affected)?! Policy may swing – powerful can blow it out (rich or poor can become powerful with numbers, situation or gender involved). What is the urgency to examine Policies with respect child rights? : What is the urgency to examine Policies with respect child rights? Abuse and violation on children is no more an issue concerning to individual homes/ micro set ups that are not connected to the larger society. Every child, wherever they are and who ever is connected in the remotest form need to uphold the principle of best interest of the child. Benefit of analysis of all policies from various dimensions - 1 : Benefit of analysis of all policies from various dimensions - 1 Ensuring that the existing policies are not neglected, Others who are either connected directly or indirectly get the message to take children seriously, An environment created for more groups and people to focus on children’s issues, Linking local and micro situations to larger and global developments, Benefit of analysis of all policies from various dimensions - 2 : Benefit of analysis of all policies from various dimensions - 2 Show concern to the needs and aspirations of the children and children in difficult and poor situations. Shows ways and means for groups, organisations, institutions, political groups, corporate houses, government departments, etc., areas for interventions and planning for protecting the rights of the children. Places emphasis for cross-sectoral linkages and mutual dependency for protecting the interests of the children. Demand for best practices to be in place. What is the use of CR based policy analysis? : What is the use of CR based policy analysis? Analysis of policies from children’s point of view/CR base might show the need and areas for exploring or intervening Areas within the existing policies, programmers, allocations; Plans for the future programmes, budgets, plans, Improve the processes of making any policy Bring necessary changes in the system that is implementing programmes or policies within the organisation, system, government, etc. Highlight the areas for improvement and plugs the loopholes Improves the quality of intervention and the quality of output. Kindly respond (in groups) : Kindly respond (in groups) Is there a child in every policy? Or are we putting special and extra effort to identify child in every policy? Is it a need? Is policy always related governance – some thing that the Government / law and order/ regulations / programmes should be bothered about? Do you think that policies formed around children and issues related to children are easy to single out and analyse? Child - policy : Child - policy Policies with respect to children can be made more realistically if children and the close associates of children are given opportunity to articulate their concerns in an informed situation. When the affected are aware of the fact that the end result of the processes is going to benefit all children, generally individual concerns disappear and the community concern takes a prominent place (but don't forget individual cases too). Policy Analysis...? : Policy Analysis...? Documents, statements on the situation that lead to forming a policy (white papers, status report, in-depth analysis, reports, crisis leading to public uproar) Internal and external forces A demand to review the old or existing or a ill conceived idea, Practices without a spelT out policy and effects of such practices (good or bad) (consider the practices and its significance ) The intent or statements made by the significant persons, groups, parties, departments on the issue Discussions, notes, research material that support the decisions Measures taken for the implementation of a decision (in accordance with the existing policy or a practice) that include laws, regulations, programmes, projects, Policy Analysis...? : Policy Analysis...? Are policies a kind of ‘ready mix/instant food’ like? Take it and adopt it? Are there any evolving principle in policy? Are policies made to make my / your life difficult? : Are policies made to make my / your life difficult? Situation ( economic, political, environmental, religious, cultural factors) Response to situation (a statement/ analysis on the situation / white paper, etc.,) An indication or demand made for improving /changing/ bring changes the situation within a prescribed time frame or apply/ implement always Draft ideas / suggestions leading to discussions/ debates Policy Measures to implement the policy (law, regulations, programmes, etc) Measures (supervision, reporting,taking action if not followed or erred) to ensure that the policy is practiced. Judicial activism and CR policy formation : Judicial activism and CR policy formation Gender policy discussions in the country after the Supreme Court Guidelines on Sexual Harassment (Aug. 1997). Right to education amendment to the Constitution brought in as a result of Supreme Court judgment 1993. Child labour rehabilitation guidelines by SC. NCLP, Rs.20,000/- (fine to the employers) + Rs.5,000/- (optional in case the Government is not providing job to the family of the child labourer), judgment on the PIL. Slide 17: Come on! I have seen enough policies! They are just paper tigers. They are their, just to scare you or harass you! Who is bothered about this? Who monitors ? All useless exercises... Slide 18: Should we wait for a crisis to happen... then respond by making a policy to suit that particular situation... wait for another disaster to happen and another policy to evolve... Slide 19: Attempts on CR Based policy analysis need to be broad based (not just laws and programmes and situation related directly to children) CR based policy analysis and the outcome have to be dynamic. We encounter children in every sphere of our life. This demands - CR policy analysis should consider the extent to which the process ofmaking policy and the policy supports the principle of best interest of the child. Examine in a real time situation whether this is going to worsen or improve the vulnerability of the children we encounter? Some questions while taking steps towards CR based policy analysis : : Some questions while taking steps towards CR based policy analysis : Are we facing situations wherein we need to discuss about a policy on CR and protection of children in our chosen field of work? If so, what kind ? (Repetition...!) Some questions while taking steps towards CR based policy analysis : : Some questions while taking steps towards CR based policy analysis : Which children we are addressing? Where are these children? What is their condition? What are their requirements and priorities? What practices are directly going impact on these children? Who is responsible for such impact on the children? Are there social/organisational/political intend to protect children and their concern? Has such intends got transformed into practices/conditions/policies in the best interest of children? Some questions while taking steps towards CR based policy analysis : : Some questions while taking steps towards CR based policy analysis : What is the linkage among several other practices and policies of the organisation/government towards the child concerned/centered policy? Is there any legal or social measures to be taken in case of erring/violating a policy with respect to children? If so, are there any documented evidences to show the implementation of such measures? Is there a relationship or contradiction between the child centered policy and the local community/culture and practices? To what extent children have influenced in forming / creating the policy? What are the space provided for children to look and comment / suggest changes / amend the existing policy? Methods for policy analysis : Methods for policy analysis Primary documents and data analysis Interviewing the key stake holders Review of the vision, mission, objective documents Focusedgroup discussions among the stake holders Visits to work areas at various locations Discussions among significant public to the organisation / network members Drawing time lines Listing of unwritten policies / practices and their application and recording the after effects. Recording institutional memory Ranking of authority and line of communication Institutional capacity for problem resolution individually and collectively. Review mechanism and disciplinary actions taken Do we have to have a Child Rights Protection policy ? : Do we have to have a Child Rights Protection policy ? Yes! If the answer is yes, why should we have it and what are the areas which we have to address? What is the time frame for the same? Who will hold the responsibility? 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