Article 39

(1) THE RELIEF OF NEED, AND PROMOTION OF THE PROTECTION, OF CHILDREN LIVING IN INSTITUTIONAL SETTINGS IN ENGLAND THROUGH IN PARTICULAR BUT NOT EXCLUSIVELY:(A) THE PROVISION OF INFORMATION TO CHILDREN LIVING IN INSTITUTIONAL SETTINGS ABOUT LAW, POLICY AND PROFESSIONAL STANDARDS IN RESPECT OF THEIR CARE AND TREATMENT, AND THE WAYS IN WHICH THEY CAN RAISE CONCERNS AND CHALLENGE MISTREATMENT;(B) UNDERTAKING AND DISSEMINATING RESEARCH ON SAFEGUARDING AND CHILD PROTECTION MATTERS IN INSTITUTIONAL SETTINGS;(C) MONITORING CHILD PROTECTION CONCERNS AND PRACTICES IN CHILDREN’S INSTITUTIONAL SETTINGS;(D) PROVIDING TECHNICAL ADVICE TO GOVERNMENT AND OTHERS ON MATTERS RELATED TO THE SAFETY AND WELL-BEING OF CHILDREN LIVING IN INSTITUTIONAL SETTINGS;(E) COMMENTING ON PROPOSED LEGISLATION CONCERNED WITH THE NEEDS OF CHILDREN LIVING IN INSTITUTIONAL SETTINGS. (2) THE ADVANCEMENT OF THE HUMAN RIGHTS OF CHILDREN LIVING IN INSTITUTIONAL SETTINGS IN ENGLAND BY ALL OR ANY OF THE FOLLOWING MEANS:(A) RAISING AWARENESS OF THE MEANS BY WHICH CHILDREN MAY SEEK REDRESS FOR HUMAN RIGHTS ABUSES;(B) MONITORING HUMAN RIGHTS ABUSES IN CHILDREN’S INSTITUTIONAL SETTINGS;(C) UNDERTAKING AND DISSEMINATING RESEARCH INTO HUMAN RIGHTS IN CHILDREN’S INSTITUTIONAL SETTINGS;(D) PROVIDING TECHNICAL ADVICE TO GOVERNMENT AND OTHERS ON THE HUMAN RIGHTS OF CHILDREN LIVING IN INSTITUTIONAL SETTINGS;(E) COMMENTING ON PROPOSED LEGISLATION CONCERNED WITH THE HUMAN RIGHTS OF CHILDREN LIVING IN INSTITUTIONAL SETTINGS;(F) OBTAINING REDRESS FOR THE VICTIMS OF HUMAN RIGHTS ABUSES IN CHILDREN’S INSTITUTIONAL SETTINGS;(G) RAISING AWARENESS OF HUMAN RIGHTS ISSUES;(H) PROMOTING PUBLIC SUPPORT FOR HUMAN RIGHTS;(I) PROMOTING RESPECT FOR HUMAN RIGHTS AMONG INDIVIDUALS AND CORPORATIONS. (3) WHERE ANY HUMAN RIGHT IS TO BE ADVANCED BY MEANS OF LITIGATION, THIS WILL BE LIMITED TO ESTABLISHING THE PRIMACY OF RELEVANT LAWS WHICH EITHER FORM PART OF THE DOMESTIC LAW OF THE STATE CONCERNED (INCLUDING FOR THE AVOIDANCE OF DOUBT LEGAL PROCEEDINGS BEFORE ANY CONSTITUTIONAL COURT) OR ARE BINDING ON THAT LAW AND WHERE THE STATE CONCERNED HAS IMPLEMENTED THE RELEVANT TREATY OBLIGATIONS SO AS TO PROVIDE A COMPETENT DOMESTIC CONSTITUTIONAL COURT EMPOWERED TO DETERMINE THIS OR WHERE THERE IS AN INTERNATIONAL TRIBUNAL, THE LEGITIMACY OF WHICH HAS BEEN RECOGNISED BY THE STATE CONCERNED AND WHOSE DECISIONS AS A MATTER OF DOMESTIC LAW BIND THE DOMESTIC LAW OF THE STATE CONCERNED.(4) IN FURTHERANCE OF THESE OBJECTS BUT NOT OTHERWISE, THE TRUSTEES SHALL HAVE POWER TO ENGAGE IN POLITICAL ACTIVITY PROVIDED THAT THE TRUSTEES ARE SATISFIED THAT THE PROPOSED ACTIVITIES WILL FURTHER THE PURPOSES OF THE CHARITY TO AN EXTENT JUSTIFIED BY THE RESOURCES COMMITTED AND THE ACTIVITY IS NOT THE DOMINANT MEANS BY WHICH THE CHARITY CARRIED OUT ITS OBJECTS.(5) FOR THE PURPOSE OF THIS CLAUSE:“CHILDREN” MEANS ANY HUMAN BEING FROM BIRTH TO 18 YEARS.“INSTITUTIONAL SETTING” MEANS AN ESTABLISHMENT THAT IS NOT A FAMILY HOME AND IN WHICH A CHILD HAS BEEN PLACED, OR IS BEING HELD, BY THEIR PARENTS OR THE AUTHORITIES FOR THE PURPOSES OF CARE, PROTECTION, EDUCATION, MEDICAL TREATMENT, TRAINING, DETENTION OR PUNISHMENT. THIS DOES NOT INCLUDE KINSHIP CARE, FOSTERING, ADOPTION OR ANY ARRANGEMENT IN WHICH A CHILD IS LIVING WITH A FAMILY MEMBER. “HUMAN RIGHTS” MEANS THE UNITED NATIONS (UN) UNIVERSAL DECLARATION OF HUMAN RIGHTS, THE UN CONVENTION ON THE RIGHTS OF THE CHILD AND OTHER RELEVANT UN CONVENTIONS AND DECLARATIONS, AND OTHER RELEVANT INTERNATIONAL AND REGIONAL HUMAN RIGHTS INSTRUMENTS AND DOMESTIC LEGISLATION.