Part of the debate – in the Senedd at 5:45 pm on 7 December 2021.
Dirprwy Lywydd, in modern western society, there is a general consensus that there is a clear distinction between children and adults, which stems from children being defined as less physically and mentally mature. However, this has not always been the case, as, throughout different periods in history, in different countries and cultures, views on what children should do at certain ages, such as how they are taught and socialised, as well as what age they become a legal adult, have changed and differed. For example, in the UK, recognition of childhood as a state different from adulthood didn't even begin to emerge until the sixteenth and seventeenth centuries, when society began to relate to the child not as a miniature adult, but as a person of a lower level of maturity in need of adult love and nurture. This continued into the eighteenth century and led to the Prevention of Cruelty to, and Protection of, Children Act 1889, the children's charter, and that today we have the 1989 child protection Act, which places responsibility for protecting and nurturing children with the parents, but upheld that, if they failed in this responsibility, the state would take over this function.
I say all of this to make the point that childhood is a social construct, created by adults, predominantly determined by adults and influenced by what adult communities believe is best for the child in relation to what they perceive their own responsibilities and rights to be. So, not only does this paradigm tend to reinforce the authority that adults could have over children, but it also means that children's rights are often denied when they conflict with human right norms, and that is why I'm a big fan of the United Nations Convention on the Rights of the Child, as it maintains that children should be treated as human beings in their own right, with particular emphasis on always consulting with them about decisions that affect their lives. I am pleased and proud that the children's rights scheme is a requirement the Welsh Government has placed on itself to ensure that this is happening in Wales. There is no greater example of this in practice than the children (Wales) Bill, which will help protect children's rights by prohibiting the physical punishment of children. I was not a Member of the Senedd when this legislation was passed, but I am so proud that it was, because where children's rights conflicted with adult rights, our Welsh Government and Members of the Senedd put them on an equal footing, and we can never underestimate how significant, exceptional and vital that this was, and it was a clear demonstration of the Welsh Government's commitment to the UNCRC.
I believe we also see this in our Welsh Youth Parliament, who represent young people in the communities and lift up their voices, ensuring that policies and progress are not done to them but very much with them. Our very own Ewan Bodilly, who is a member of the Bridgend Youth Council, will be representing Bridgend constituency, and I look forward to working with him on his key issues, which include youth mental health care, the climate emergency and university tuition fees.
So, there is a lot of good being done in Wales, in line with the UNCRC. However, when it comes to children's digital rights, a passion of mine, as with many other countries, we should be doing more. I cannot summarise this any better than Harvard professor Shoshana Zuboff, who says:
'Each day we send our children into this cowardly new world of surveillance economics, like innocent canaries into Big Tech’s coal mines. Citizens and lawmakers have stood silent, as hidden systems of tracking, monitoring, and manipulation ravage the private lives of unsuspecting kids and their families, challenging vital democratic principles for the sake of profits and power. This is not the promising digital century that we signed up for.'
This is very much the case here in Wales at times too. How many of us are aware that biometric data is being collected from children in schools with their fingerprints being gained in exchange for free school meals, or the classroom apps that collect not only academic data, but also behavioural data on our children? And there is much talk in the tech world now about the pros and cons of microchipping our children.
But there is some positive news, and that is that, on 2 March, the United Nations Committee on the Rights of the Child adopted general comment No. 25 on the children's rights in relation to the digital environment. Its adoption makes explicit for the first time that children's rights apply in the digital world. Seven hundred and nine children and young people aged between nine and 22 years old were consulted in 26 countries on six continents. They want a more private, protective and transparent digital world, one that is age-appropriate and enabling of their interests, relationships and opportunities. And although general comments are non-binding and are not part of the UNCRC itself, I would ask that Welsh Government does all it can to incorporate children's digital rights into the children's rights scheme 2021.
And also I would like to say as well—I would like to express my support for recommendation 15 in the 'Children's rights in Wales' report by the Children, Young People and Education Committee of the fifth Senedd, chaired by Lynne Neagle, which recommended that local authorities also have to do the children's risk assessments, especially when cuts are being made to services like free school bus travel.
And finally, may I ask that the Welsh Government explores asking young people, possibly our Welsh Youth Parliament Members, for their views on digital rights and advancing data literacy, because what is consent if our children don't understand what they're signing up to, and if we as adults and politicians don't understand either? Children want and need to be online, but they need to be able to do so safely. All concerned must redouble their commitment to ensure their rights, including their rights to safety and privacy, are being upheld.