13 March 2008 - Child Rights at the Human Rights Council 40
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**Interview: Yakin Ertürk, Special Rapporteur on Violence Against Women**
**Coming up**
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Children Have Rights Too!
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UN expert on child exploitation – role up for review [briefing]
[13 March 2008] - A draft mandate (what is this?) of the Special Rapporteur on the sale of children, child prostitution and child pornography, compiled by GRULAG (Group of Latin American and Caribbean Countries) was discussed during a briefing, ahead of a debate at the Human Rights Council.
The mandate is up for review during the current Council session (debate scheduled for Friday 14 March). A clutch of other side-events and briefings related to the review of the mandate have taken place in parallel to the Council's plenary (main) meetings this week.
Many NGOs and States hope that the position, currently the only 'Special Procedure' with a specific focus on children, will be retained and improved.
Speaking at the briefing, Juan Miguel Petit, who has held the post for the last six years and will step down over the coming weeks, said: “I think that this mandate should continue. It is a good time after six years to review. It is very important not to lose these instruments.”
He said the uniqueness of the mandate, in being specific to children, was crucial.
Focus on child rights
“We need to continue working in developing instruments specific for the protection of children,” he said.
He also reiterated that he did not believe the mandate overlaps with the new role of Special Representative to the Secretary-General on Violence Against Children.
“There are many-different forms of violence, and ways in which children's rights are infringed. But trafficking, prostitution and child pornography are specific and need a specific mandate. We are still discovering why these crimes occur, and we don't know how to stop them, to rehabilitated the victims, and the criminals.
“There are still lots of question marks over these issues. This mandate is a way to put together everything that happens all over the world – programmes, problems, legislation and best practice.”
He said the review of the mandate should not be viewed as a problem, but as a way of developing and improving its impact.
A representative from Greece agreed that the mandate was crucial. He also asked what advice Mr Petit would have for any new appointee, and how they might coordinate with other mandate holders.
Not magicians
Mr Petit replied: “It's worth recognising that the results from our work are very modest. We are not magicians, but we can make suggestions on policies and tried to promote change.
“In terms of coordination, it is of course not good if two mandates are doing the same, but it is not a bad thing if two mandates overlap a little, because social problems also overlap. This mandate is of course related to other mandates, but it has some very specific points which are not related.”
He reiterated, as he has recommended in previous meetings during the session, that there needs to be more dissemination of information. He said a better joint web site, or some sort of annual prize, or Special Procedures day, may add value to the system.
A Russian delegate asked about the response to the 'Zoe's Ark' scandal.
Mr Petit replied that his office had followed up on the report. He said: “We were very clear that the activities of this organisation looked very bad. Of course, it opened up questions about transparency and the need for NGOs to watch out for this kind of thing.”
The delegate from Canada asked Mr Petit how he thought the mandate could be improved, and what advice he would give to the new mandate-holder.
Not a threat
Mr Petit said the appointee would ideally visit every region of the world, and reflect different cultures and practices. He said: “States should see the visits as positive and not as threatening. In some countries, it is difficult to know how to offer children attractive education programmes to compete with what the gangs offer them. “
He continued: “A sad reality we face is that many boys and girls that are involved, they are many times kidnapped and put in bad situations but they reach hat situation after many years of being abandoned or abused, lacking friendship, love or care. Often the criminal gangs offer them a more attractive place.”
Further information
For more information, contact:
Child Rights Information Network
1 St John's Lane, London EC1M 4AR
Tel: + 44 20 7012 6866 or 67; Fax: + 44 020 7012 6899
Email: [email protected]
Website: www.crin.org
Visit: http://www.crin.org/resources/infoDetail.asp?ID=16659
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NGO statement: Review of the Special Rapporteurship on the Sale of Children, Child Prostitution and Child Pornography
Joint NGO Oral Statement by Defence for Chidlren International, ECPAT International, International Alliance of Women, International Catholic Child Bureau, International Federation of Social Workers, International Save the Children Alliance, Myochikai - Arigatou Foundation, Plan International, SOS-Kinderdorf International, Terre des Hommes International Federation, Women’s World Summit Foundation, World Alliance of YMCAs, World Movement of Mothers, World Organisation Against Torture (OMCT), World Vision International, in consultative status with ECOSOC
Thank you Mr President.
This statement is delivered on behalf of 15 of child focused NGOs.
Mr. President,
We are very pleased to participate in the Review, Rationalisation and Improvement of the mandate of the Special Rapporteur on the Sale of Children. We have strongly appreciated the work of the Special Rapporteur, its quality and comprehensiveness. We have also enjoyed and benefited from the ease of access to and close working relationship with the mandate holder. We are committed to keeping that relationship alive so that children benefit from our combined efforts.
Members of the Council,
The Special Rapporteur on the Sale of Children, with its specific focus on children, has been key in keeping child rights on the agenda of the Council during its fist year of work. We expect that this focus will be kept and further strengthened in the future.
Millions of children, of all ages, from around the world are victims of sexual exploitation, very often by those that have the primary responsibility to protect them. We therefore strongly believe that the mandate, which demonstrates a commitment to the elimination of these abuses, must be renewed and the scope of it maintained if all children are to be protected from sexual exploitation in all its many and different manifestations. The Council should be entrusted with promoting urgent and systematic action to prevent and eliminate all forms of Sexual Exploitation of Children and to ensure effective implementation of treaties/legislation/mechanisms established to prosecute and punish offenders.
The mandate has demonstrated that the linkages between the different forms of sexual exploitation of children – the sale of children, child prostitution and child pornography - are becoming more complicated in their manifestations and scope. It is essential that the sexual exploitation of children be addressed from:
a) a child-rights perspective recognizing the particular dependency and vulnerability of children, as well as their evolving capacity and resilience
b) a gender perspective – how sexual exploitation impacts differently on boys and girls and the different measures needed to prevent, protect from and prosecute those violations.
c) the obligation of all States to realise their accountability to the relevant international legal instruments and their responsibility to provide comprehensive prevention, protection and recovery services for children who have been sexually exploited.
The Special Rapporteur should collaborate will all other existing mandates, especially with the SRSG on Violence against Children once appointed, to ensure constant attention is given to the link between sexual exploitation and other forms of violence and effective action taken.
Mr President,
We not only hope to see the mandate renewed but further strengthened in its capacity to promote and protect the right of children to be free from all forms of sexual exploitation. We look forward to welcoming the new Special Rapporteur and would like to assure the new mandate holder of our fullest support.
Thank you for your attention.
For more information, contact:
Subgroup for the Human Rights Council
Cecile Trochu, co-Convenor
OMCT
Email: [email protected]
Visit: http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR.asp
or Jennifer Grant, co-Convenor
Save the Children UK
Email: [email protected]
Website: http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR.asp
Visit: http://www.crin.org/resources/infoDetail.asp?ID=16646
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Special Procedures: Facts and Figures 2007 [UN publication]
This document contains detailed statistics about communications sent by Special Procedures mandate holders in 2007, as well as information about country visits undertaken, reports submitted and press releases issued. In addition, the document includes some "Human Rights Stories" which demonstrate positive action taken by States and other actors after engagement with a special procedures mandate holder on a particular issue.
Further information
For more information, contact:
Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
Visit: http://www.crin.org/resources/infoDetail.asp?ID=16649
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Resolution of the Rights of the Child: update [news]
GRULAG (Group of Latin American and Caribbean Countries) and the EU are co-sponsoring an omnibus resolution on the rights of the child, to be adopted by the Human Rights Council every four years. In addition to the omnibus resolution, which means that it will encompass all rights of the child, there will be a thematic focus in intervening years.
It appears that the first thematic focus may be on the subject of the children of prisoners, although this remains a suggestion at this stage. It is expected that the resolution will contain a section on mainstreaming the rights of the child within the UN Human Rights System. Open consultations on the text are due to take place in the coming days - watch out for news on CRIN.
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News from the plenary
Interactive dialogues followed the presentation of reports from the Special Rapporteurs on housing and minority issues. There followed the presentation of reports by the country-specific Rapporteurs on Myanmar and the Democratic People's Republic of Korea, followed by a further interactive dialogue.
The International Service for Human Rights produce comprehensive daily updates from the plenary throughout the session: http://www.ishr.ch/hrm/council/dailyupdates/index.html
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**Interview: Yakin Ertürk **
Professor Yakin Ertürk has one year remaining in her post as the UN's Special Rapporteur on Violence Against Women. She is a professor of sociology at the Department of Sociology and the head of the Gender and Women’s Studies Programme at the Middle East Technical University (METU), Ankara, Turkey. She has worked for various national and international agencies on rural development and women in development projects in a number of developing countries. Prof. Ertürk's mandate (what is this?) is up for renewal during the current session of the Human Rights Council.
How do you feel about the renewal of your mandate?
I don't know what the process will bring, although my general impression is that there is support for the mandate. During my five years as Special Rapporteur I understand I have had a good relationship with governments and NGOs. I don't anticipate any difficulties, but you never know – this is the Human Rights Council after all.
How do you see your role in the context of child rights?
My mandate includes express consideration of the girl child, but not so much boys. But in the context of my work it is not possible to separate them. I also address the issues of children as a general category.
Do you see a close association between the rights of women and those of children?
Yes, but there is also an important difference that authorities often fail to acknowledge. Women are not dependent, while children are. Children require care and protection, but women's dependency is often created as a result of patriarchy. The very nature of the human child means that discussions of rights take very different dimensions.
You have spoken during this Human Rights Council session about the 'empowerment' or women rather than their 'powerlessness'. Could there be lessons there for children?
Absolutely. A lot can be learned regarding the empowerment of children. We talk about protection and care of children, and them being dependent on parents, but thinking in terms of empowerment of even young children can be very important.
Children may need protection, but this does not mean authoritarianism. We think that children are our property. They come from us, but they do not belong to us. They are in our trust temporarily.
We can learn so much from children. I consider my daughter to be my main educator. If we really attend to what our children are saying, the relationship can be so productive from both sides.
Has there been an issue or visit that you have been especially affected by?
It is hard to think of specific circumstances as there has been so much. Conflict always brings out the worst – and children and girls suffer most. It was very hard in the DRC seeing girls whose hands had been chopped off, and had been sexually abused even with objects. Things like that are very disturbing.
During displacement and occupation also, the mechanisms to protect are usually very weak or non-existent. But the dangers within the home are also striking. It is very alarming to hear of even babies being sexually exploited.
How do you think your role relates to the new post of Special Representative to the Secretary-General on Violence Against Children?
The protection of children from violence has always been an area we have identified as a gap, so I am very pleased about the new role. The Special Procedure mandates have a great deal of flexibility which the UN system on its own does not always have.
I am sure there will be many areas for collaboration.
Is there one piece of advice you would give to child rights advocates?
I don't like to hand out too much advice, but I would say again to remember that children are not our property, even though they come from us. We all have responsibility for every child.
What have been the best and the worst things about your job?
The best is that the mandate is a very empowering one, so I have had a great opportunity to raise problems and put them on the agenda. And there have been some great outcomes.
The worst is that follow-up is limited, and we can't always see what happens after we raise the issue, or if it makes any difference. It is also difficult that, in the final analysis, the fulfilment of rights rests on political will and we may have limited control in this. It can be very frustrating.
All I would do is to appeal to all governments to fulfil their human rights obligations.
How would you sum up child rights?
Well, I would say that children's rights are non-existent. Some children are lucky and live in enabling environments, but most grow up having to work or assume responsibilities and do not experience childhood before the transition to adulthood.
If you weren't a Rapporteur, what would you be doing?
I am an academic. In my career I have dealt with child labour and women's rights and I would continue in the field of human rights.
Working in human rights has been very fulfilling because, unlike academia, you have more opportunity to touch people's lives. I am very privileged really.
Read an interview with Juan Migeul Petit, Special Rapporteur on the sale of children, child prostitution and child pornography
CRIN is running a series of interviews with leading global child rights activists in fortnightly editions of our Tuesday CRINMAIL. See interviews with:
For more information, contact:
Child Rights Information Network
1 St John's Lane, London EC1M 4AR
Tel: + 44 20 7012 6866 or 67; Fax: + 44 020 7012 6899
Email: [email protected]
Website: www.crin.org
Visit: http://www.crin.org/resources/infoDetail.asp?ID=16653
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**Coming up**
Friday 14 March 2008
Plenary: Review of the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography.
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This update has been produced by CRIN, in collaboration with the NGO Group Subgroup for the Human Rights Council. To subscribe, unsubscribe or view archives, visit http://www.crin.org/email.
Further information about child rights at the Human Rights Council is available on the CRIN website at: www.crin.org/hrc. To submit information, contact us on [email protected]. CRIN, c/o Save the Children, 1, St John's Lane, London EC1M 4AR, UK.
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