14 March 2008 - Child Rights at the Human Rights Council 41
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Draft resolution on the rights of the child [news]
[14 March 2008] - A meeting on a proposed resolution on the rights of the child at the Human Rights Council took place, with Uruguayan convenor Pauline Davies calling for it to be made a “priority issue.”
She said: “This was an initiative for more than ten years at the Commission, and the last resolution was in 2005, so we hope this will be a good opportunity for us to promote the issue at the Council.”
The suggestion is for the adoption of an omnibus resolution on the rights of the child at the Council every four years, with a special (or thematic) focus every year in between. “In this way, we can benefit from the complementarity of both,” said Ms Davies.
Some delegates at the meeting questioned, however, whether there was a need for another omnibus resolution, since the General Assembly already adopts an annual resolution on the rights of the child.
A delegate from Switzerland said: “We don't believe restating the same thing year after year will be beneficial. We would have preferred to have been thematic, and clarify the difference between the General Assembly and the Human Rights Council.” A delegate from Canada agreed, noting that there had been extensive discussion on the issue already. However she said her Government would still be supportive of the text.
A Spanish delegate disagreed, arguing: “We believe that if the Human Rights Council needs a new approach, this new bilateral approach is perhaps a good way to address the issue.”
Ms Davies then ran through the draft resolution, which will be further debated in the coming days.
She noted the importance of a mainstreaming paragraph, which among other things aims to incorporate an annual meeting on the rights of the child into its programme of work. It also advocates taking into account the rights of the child in the Universal Periodic Review mechanism.
Another notable paragraph emphasises the need to appoint a Special Representative on Violence Against Children as soon as possible.
Cecile Trochu, of OMCT said she was disappointed that a clause on corporal punishment only made reference to schools, and not a ban in all settings, as advocated in the UN Study on violence against children and by Committee on the Rights of the Child.
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Interview: Paulo Pinheiro
Paulo Sérgio Pinheiro is currently Special Rapporteur on the Human Rights situation in Myanmar, although his mandate is coming to an end over the coming weeks. Among several other UN posts, in 2003 Prof. Pinheiro was also appointed Independent Expert to UN Secretary General to prepare a worldwide report on violence against children. He was born in Rio de Janeiro in 1944 and he lives between São Paulo, Paris and Geneva ,with his wife Ana Luiza. He has three children Daniela, André, Marina and three grand children Thomas, Sofia and Mateus.
Your time as a UN Special Rapporteur at the UN is coming to an end. Has it been a good experience?
I have learned a lot and enjoyed the experience but it has been too long. After this much time, we need renewal so we can have fresh ideas and perspectives.
I'm happy I will no longer have any mandate. I have had it for 13 years, and it is very important that there is change to reflect different expertise and nationalities.
Were you pleased about the resolution on the appointment of a Special Representative to the Secretary-General on Violence Against Children?
I am not party to the discussions on the appointment but I am pleased of course. I am glad that the resolution received plenty of support.
What hopes do you have for the post?
I hope that the Special Representative will be able to act with independence and will be able to follow up on the report's recommendations. The report was something we arrived at after much debate. I hope they will do their best to follow-up.
How's the Human Rights Council going?
It is very early to evaluate. I have got a lot of hope for the Universal Periodic Review. I am glad that NGOs are having broader participation than in the Commission. I think the chair from Romania is chairing in a very fair and democratic way.
Is there any particular issue or experience you were especially affected by during your time as Independent Expert?
I am always affected by the absence of follow-up to the recommendations. The crucial test of the Council is whether there is effective follow-up to their recommendations. Otherwise it is a useless exercise.
Has the Convention on the Rights of the Child made a difference?
It would be much worse without the Convention. The violence study showed that countries are very prepared to help combat violations of children's rights. Three weeks ago I was in Jamaica, and the Minister of Education there was very enthusiastic about banning corporal punishment in schools.
In all regions we see support for the implementation of recommendations. All countries are prepared to do something about violence against children, even though we often concentrate on what states are not doing. It is a legitimised issue.
What have been the best and worst things about your UN experience?
The best feeling was the decision to organise regional consultations, which worked really well. I can't think of any bad experiences.
Violence merits more actions – particularly in the home. And that includes not just physical violence, but psychological too.
What are you plans after leaving the UN?
To stop travelling. I travelled to more than 44 countries for the study, and in the last seven years I have visited about 60. It's too much! I will probably return to Brazil, although I don't know where for sure.
Is there any organisation's or advocate's work that you particularly admire?
I admired the work of those NGOs that supported the study, such as Save the Children, Plan, World Vision and CRIN.
If you weren't here, where would you most like to be?
If I wasn't here, I would most like to be at home reading.
More interviews with Special Procedures:
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**Coming up**
The Council will this afternoon review the mandate of the UN Special Rapporteur on the sale of children child prostitution and child pornography, Juan Miguel Petit. Details of the discussion will be available on the ISHR website.
Further information
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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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