Charter of Rights for Children in Care, and Kids’ Privacy in the Cases of Verizon and Princess Caroline

by Mary W Maxwell, LLB

In March 2018, when we did the Fringe play “My Best False Memories,” we had yet to learn about the sad dealings at the Family Court.  The play was about MK-Ultra and I had in mind children in Australia like Fiona Barnett (years ago) who might not know that a good life was available.

Someone gave me the Charter of Rights for Children in Care, so we printed it as part of the Fringe program. I just came across it again and read it with new eyes (ahem, ahem).

The South Australia Guardianship Office says:

“The Charter is used by children and young people to negotiate changes when their rights are not being met. [My goodness!] It is used by adults to discuss rights with young people and to advocate with them and for them.”

“Endorsing” the Charter

Needless to say, since Oz does not have a Bill of Rights, this charter has no teeth. It survives by endorsement. The website gcyp.sa.gov.au says:

“The Charter has been endorsed by most agencies providing services for children and young people in care in South Australia. By doing so they have agreed to support the rights outlined in the Charter and to distribute and display Charter information.  Agencies that endorse the Charter agree to appoint a Charter Champion at each of the sites that engage with children and young people in care. Champions liaise with the Guardian’s Office, ensuring that materials are distributed to children and young people and displayed prominently.

“If you have any more questions about the Charter you can contact the Guardian’s Office on 8226 8570 or email malcolm.downes@gcyp.sa.gov.au.”

Here is the Item:

CHARTER OF RIGHTS FOR CHILDREN AND YOUNG PEOPLE IN CARE (slightly abridged)

 You have the right to feel good about yourself by:

• Being treated like other children and young people who do not live in care
• Knowing who you are and your history
• Knowing that people care about you
• Understanding where your family is
• Knowing about your culture
• If you are Aboriginal or Torres Strait Islander, knowing about your cultural and spiritual identity and your community
• Having all of your personal things kept safe – like photographs, school reports and special belongings
• Developing your talents and interests, like sport or art
• Keeping in contact with the people who help you feel good about yourself.  

You have the right to live in a place where you are safe and cared for. This means a place where:

• People understand and respect your culture
• You are not hurt or made to feel bad
• You have someone to talk to
• You get treated with respect
• Things are fair
• Your thoughts and opinions are asked for and considered
• You get nutritious food
• You get decent clothes
• You have your own bed
• You have your own ‘space’ or a place where you can have some time on your own if you want it
• You don’t have to move too much.

You have the right to get the help you want or need. This means:

• Regular support and contact from your worker
• A plan which shows how and where you will be cared for
• A special plan for when you are leaving care
• A good education
• Extra support if you have special education needs
• Extra support if you have a disability
• Medical, dental and other care when you need it
• Preparation for employment and to live independently
• Support and a place to live when you leave care.

You have the right to understand and have a say in the decisions that affect you. This means:

• Understand why you are in care
• Add information to your personal file
• Express your opinion about things that affect you
• Be involved in what is decided about your life and your care
• Know and be confident that personal information about you will not be shared without good reason.

The Charter ends with the hope-giving words: “You can make a complaint. If urgent, phone Crisis Response 13 16 11.”

Paging Ellen

In regard to Darlene’s daughter Ellen (a coded case here at Gumshoe), my fave items from the charter are:

• Keeping in contact with the people who help you feel good about yourself  
• You are not hurt or made to feel bad
• Express your opinion about things that affect you
• Be involved in what is decided about your life and your care.

Plus, I am very curious to know if the Charter does indeed appear on a wall or in a handout to kids under guardianship.

A Five Million Dollar Payout by Verizon

Now for a related matter. The huge telecommunications firm Verizon had agreed to a settlement regarding its subsidiary OATH, which came about when AOL merged with Yahoo. The New York Attorney General seems to have brought about a prosecution, an thus the $5 million payout is more like a fine than an award of damages to the children involved.

According to an article by gizmodo.com, it was an enforcement action of COPPA – Children’s Online Privacy Protection Act.

“According to the New York attorney general’s office, AOL used its ad exchange program to place targeted ads on hundreds of sites directed at users under the age of 13. It reportedly did so using visitors’ personal data, including geolocation and cookies. This would be a violation of COPPA, which requires companies to receive explicit permission from parents before collecting online information from children under 13 or ad-targeting children based on their online activity.”

Princess Caroline of Monaco Won a Privacy Ruling

One of my law teachers at University of Mannheim made me aware of a case that is little known outside Europe.  You may think a public person is not entitled to any privacy – if the paparazzi can catch you in an awkward pose, that picture may appear in a tabloid the next day.

Princess Caroline, daughter of the late Prince Rainier and the late Grace Kelly, objected to a German magazine showing her going about non-official activities as simple as shopping or eating in a restaurant.  She complained to the Federal Constitutional Court in Germany.

The Court said she was not entitled to privacy but that her kids were entitled.  Some of the pix were family scenes at a beach.  That was not good enough for Caroline.  She took her case to the European Court of Human Rights at Strasbourg. She won.

I mention that to say there was apparently precedent for placing the privacy rights of a child above that of adults. If a German court, the precedent does not strictly carry over to Australia but it can be cited.

Wonder if anyone thought of applying it to kiddy porn.  Wonder if there are any lawsuits on that.

Please comment below if you know of any.

— Mary W Maxwell, LLB, is participating with GumshoeNews editor Dee McLachlan in some investigations that began in mid-2018 when we met the amazing Rachel Vaughan