In this issue:

June is a busy time for children’s rights at the UN. The Committee on the Rights of the Child is in session until mid June, just when the Human Rights Council commences again. In this edition we preview these sessions, and highlight the outcomes for children’s rights at the UN in May, including the Committee against Torture’s review of the Holy See on child sexual abuse, the UN’s reaction to repressive laws against LGBT groups, and much more.

Preview of the Committee on the Rights of the Child’s 66th session 

The Committee on the Rights of the Child’s 66th session started on 26 May and will run until 13 June. Below are the States under review and some of the children’s rights issues the Committee is expected to probe them on and give recommendations, based on the list of issues published by the Committee ahead of the session:

Convention on the Rights of the Child (CRC):

• India: Child marriage; sexual abuse; discrimination (gender and Dalits (i.e. ‘untouchables’); juvenile justice and violence. 
• Indonesia: National complaints procedure for children’s rights violations, including investigation into child sexual abuse; discrimination (provincial service delivery, girls, and parent’s marital status); violence; birth registration; refugee and asylum seeking children; access to sexual and reproductive services; drug use among children; harmful practices (child marriage, female genital mutilation (FGM) and polygamy).
• Jordan: ‘Honour’ crimes (mitigating circumstances for perpetrators when it comes to sentencing, and putting girls in ‘protective custody’ - against their will - to prevent these crimes); the impact of criminalising sex outside of marriage for children; child sexual abuse and a law that exempts perpetrators from punishment if they marry their child victims; juvenile justice; violence (including statistics on corporal punishment).
• Kyrgyzstan: Discrimination against LGBT children; access to justice (children can only appeal to authorities in the country through their parents, who are at times the individuals violating their rights); access to information on sexual and reproductive health.
• Saint Lucia: Corporal punishment; juvenile justice; child sexual abuse (the defence of marrying the victim); sexual and reproductive health (contraception); children using drugs including alcohol. 

Optional protocol on the sale of children, child prostitution and child pornography (OPSC):

• India: Data collection on child trafficking, organ theft, prostitution (including to religious leaders); the rights of boys and intersex children under the treaty.
• Jordan: Child prostitution (particularly instances where people prostituting girls face no punishment because the girl is deemed to be of ‘ill repute’, and whether prostituting a boy is a crime).
• United Kingdom: Preventing vulnerable children (including those connected to gangs or living in institutions) becoming victims crimes under the treaty; forced marriages.

Optional protocol on the involvement of children in armed conflict (OPAC):

• India: Voluntary recruitment of children into the State’s armed forces; the potential for the application of military justice to these children; criminal laws against the recruitment of children by non-state actors; export of arms to places with ongoing conflicts that are either known to involve child recruits or could do.
• Jordan: Definition of the child; recruitment of children; export of arms to conflicts either known or likely to involve children.

You can find all alternative reports on our website (which we post in collaboration with Child Rights Connect) and other official documents can be found on the Committee’s session page. 

Child sexual abuse: Committee against Torture criticises Holy See 

The Holy See’s failure to prevent torture or the ill-treatment of children for sexual abuse suffered at the hands of Catholic clergy has been condemned by the Committee against Torture (UNCAT). The Committee’s concluding observations, published on 23 May, make it clear that the Convention against Torture extends to Holy See officials worldwide “wherever they exercise effective control over persons or territory”, despite the Holy See’s attempts to claim that it is not responsible for child sexual abuse committed outside the Vatican City State.

A similar argument was put forward by the Holy See during its review by the Committee on the Rights of the Child in January, which resulted in the Committee strongly rebuking the Holy See for its role in the sexual abuse of children by Catholic clergy around the world.

The Holy See revealed, during the dialogue with the Committee against Torture on 5 and 6 May, that 848 priests had been defrocked and 2,572 disciplined between 2004 and 2013. Even still, the Committee highlighted the Holy See’s resistance to reporting abuse to civil authorities, noting that it has regularly declined to provide information to such authorities.

In a long list of recommendations, the Committee has called on the Holy See to ensure access to justice and redress for victims “including a fair, adequate and enforceable right to compensation and as full rehabilitation as possible.”

Further information:

• UNCAT’s concluding observations on the Holy See.
• Unofficial minutes of UNCAT’s review of the Holy See.
• Press release in response to the concluding observations by the World Organization Against Torture (OMCT) and CRIN. 
• Alternative report submitted by OMCT and CRIN to UNCAT for the Holy See’s review.
• CRIN’s report mapping the global scale of child sexual abuse in the Catholic Church: “Child sexual abuse and the Holy See: the need for justice, accountability and reform”.
• CRIN’s campaign: End sexual violence in religious institutions.
• #VaticanAccountability on Twitter. 

Other UNCAT news 

The Holy See’s review by UNCAT was part of the Committee’s 52nd session, in which the below States were also reviewed by the Committee for their adherence to the Convention against Torture. Children’s rights highlights are below, and hyperlinks go to extracts from the concluding observations on our website.

• Cyprus: The Committee is worried about the detention and denial of legal aid to many unaccompanied minors seeking asylum, and recommends the State party amends its laws to guarantee access to legal aid for such children and to ensure that children are only detained as a measure of last resort. 
• Guinea: UNCAT is concerned about reports that 90 per cent of women and girls in the country are victims of gender-based violence. Very high rates of female genital mutilation (FGM), detention of children and human trafficking are other issues of concern.
• Lithuania: The Committee is concerned about the rise in human trafficking cases in the country, and recommends the country vigorously enforce the law; continue specialised training for police, legal professionals and migration officers; investigate, prosecute and punish trafficking; and provide redress to victims. Corporal punishment against children is also noted, and the Committee suggests the State prohibit and criminalise all forms of corporal punishment against children.
• Montenegro: Corporal punishment was also on the agenda for Montenegro, where the Committee notes it is still widely practiced. The Committee recommends the State take steps to put an end to the violence, including through legislative measures and public information and awareness raising campaigns.
• Sierra Leone: Numerous children’s rights issues in the country are of concern to the Committee, including very low penalties for torture against children (e.g. a fine or prison term not exceeding two years), the rape of girls by close relatives and teachers, high rates of harmful traditional practices including FGM and child marriage, the criminalisation of abortion in all circumstances, the number of children in detention, and the lack of prohibition against corporal punishment.
• Thailand: The Committee is concerned about the high levels of sexual and domestic violence in Thailand, and recommends the State revise legislation, ensure all complaints are investigated and discipline any police officer who does not register a complaint.
• Uruguay: The Committee is concerned about a call for referendum to lower the minimum age of criminal responsible from 18 to 16 years. It is also seriously concerned about allegations of abuse of children in detention, and urges Uruguay to ensure children are detained only as a last resort and that any allegations of abuse are thoroughly investigated and redress given to victims. 

UN and regional experts “categorically reject” repressive LGBT laws 

A group of UN and regional human rights experts have come out and condemned acts of retaliation, intimidation and harassment based on a person’s sexuality or gender identity and expressions of such. The statement marked the International Day Against Homophobia and Transphobia (IDAHO-T) on 15 May.

Several countries have enacted or propose laws on the spurious grounds of ‘protecting children from information deemed harmful to their health and development’. In particular, a pattern of laws is emerging which criminalise the ‘promotion of homosexuality to children’. On this issue, the group of experts says: “We categorically reject arguments that such restrictions to rights of LBGTI people are necessary to protect public morals, or the health or well-being of vulnerable people. Rather, these laws encourage stigmatisation, abuse and violence against LGBTI people.”

CRIN monitors developments in this area as these laws are a clear violation of children’s right to access to information, preventing them from having everything they need to make decisions about sex and sexuality safely themselves. See our website for more, and please contact us by emailing [email protected] if you have any further information about these or similar laws.   

UN appoints 19 new human rights experts 

An unprecedented number of special procedure mandate holders were appointed by the Human Rights Council during the 19th session of the Universal Periodic Review (UPR). Maud de Boer-Buquicchio is the new Special Rapporteur on the sale of children, child prostitution and child pornography. Ms Boer-Buquicchio was instrumental in the campaign for the Lanzarote Convention (Europe’s landmark treaty to protect children from violence), and in the UN Study on Violence against Children. Read her interview with CRIN, where she talks about some of the problems in children’s rights and her plans for the role.

More special procedure appointments 

The 26th session of the Human Rights Council is set to see more special procedure appointments made, including the Special Rapporteur for trafficking in persons, especially women and children, and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The list of eligible applicants has been published online.

Preview of the Human Rights Council’s 26th session 

The March session of the Human Rights Council (HRC) is usually where children’s rights receive the most prominence because this is when the annual day on the rights of child takes place (read our coverage of this year’s session). But since children are human beings with human rights, every HRC session should include children’s rights on its agenda - which it is this time, with two children’s rights specific panel discussions scheduled, and a number of other dialogues set to include children’s rights.

The HRC’s 26th session will be held between 10 and 27 June. Below are just some of the discussions, presentations of reports and dialogues due to take place. A programme can be found on the OHCHR’s website. 

• 10 June: The Special Rapporteur (SR) on right to freedom of expression and the SR on peaceful assembly and association.
• 11 June: The Working Group (WG) on human rights and business.
• 12 June: SR on trafficking, especially in women and children.
• 16 June: High-level panel on the identification of good practices in combating female genital mutilation (FGM).
• 23 June: Panel on preventing and eliminating child, early and forced marriage.

A number of reports, including those of special procedures, have been published ahead of the discussions at the HRC. Not all reports listed have been published on the UN’s website yet, but they will be posted before the session starts so keep an eye out. Below are some highlights from the ones already published:

• Report of the Office of the United Nations High Commissioner for Human Rights on preventing and eliminating child, early and forced marriage: This report provides the basis for the panel event scheduled for 23 June. It pulls together ideas from UN experts that child marriage, which is legal in 147 countries, involves the sale and exploitation of children and amounts to cruel, inhuman or degrading treatment. It also discusses ways to prevent this rights violation, which around 41 per cent of women aged 20 to 49 have suffered, including education and legal tools including clear prohibitions and court orders to prevent a marriage.

Read a report on harmful practices based on tradition, culture, religion or superstition, including child marriage.

• Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association: Children are one of the marginalised groups mentioned by the Special Rapporteur, Maina Kiai, who often have their right to peaceful assembly and of association thwarted, so special attention of their needs is required. In his report, Mr Kiai cautions against age restrictions placed on the enjoyment of this right, particularly laws prohibiting children from protesting, joining and forming groups and accessing information online. He also criticises laws banning “homosexual propaganda” for violating the rights of the LGBTI community, including children, and notes the serious problems associated with denying civil and political rights to already disenfranchised groups such as children.
   
• Report of the Special Rapporteur on trafficking in persons, especially women and children: This report provides an overview and analysis of the first decade of this mandate. It also mentions a call to drop the words “women and children” from this mandate to allow the special rapporteur to cover trafficking in men and boys. Men are often the victims of trafficking into forced labour, so we welcome any move to include men, but hope that the mandate continues to focus on children as they are so often the victims of trafficking (organs, sex trade, child labour, orphanages and more).
   
• Summary report of the Office of the United Nations High Commissioner for Human Rights on the consultations on the draft basic principles on the right to effective remedy for trafficked persons:  This report details discussions around the draft principles (which have been annexed to the report), including the need for increased access to remedies, ensuring the guidelines apply to both nations and non-nationals and include the unique needs of child victims, and tackling stereotypes of sex workers.

CENTRAL AFRICAN REPUBLIC: UN agencies’ plea for the “forgotten crisis” 

Children in Central African Republic (CAR) are on a journey to “starvation and death” and are witnessing “terrible violence”, according to two UN agencies. UNICEF and the refugee agency, UNHCR, are urging the international community to help stop the crisis.

Since December 2013, 194 children have been maimed and killed, according to UNICEF, including through gruesome beheadings, and the number of children being treated for severe acute malnutrition in the capital, Bangui, have tripled. According to UNHCR nearly 30 children died in the past month fleeing violence, mostly at feeding centres which they reached gravely ill. Since early December, refugees from CAR have been arriving in Cameroon, many of them after having walked for weeks. At present there are at least 85,000 refugees in around 300 villages, living in extremely difficult conditions that are likely to deteriorate with the start of the rainy season.

OPT: UN wants proper investigation into killing of two Palestinian children 

Israeli security forces allegedly shot and killed two Palestinian children in the occupied West Bank on 15 May. Cécile Pouilly, spokesperson for the Office of the High Commissioner for Human Rights (OHCHR), says that “the killings may amount to extrajudicial executions under human rights law as well as wilful killings under international humanitarian law”. The UN welcomes reports that an investigation has been opened while calling for it to be “prompt, thorough, effective, independent, impartial and transparent” and the findings made public.

The initial findings of a UN team in the West Bank indicate that the 16-year old and 17-year olds presented no direct threat at the time that they were killed.

Universal Periodic Review outcomes 

The Universal Periodic Review’s (UPR) 19th session was held between 28 April and 9 May. We are uploading children’s rights extracts of the reports, but recommendations have not yet come out. In the meantime below are some of the children’s rights issues raised:

• Norway: Detention of children in police custody.
• Democratic Republic of Congo (DRC): Children in armed conflict; sexual violence.
• Portugal: Education of children from marginalised groups (Roma and Ciganos communities).
• Dominica: Inhuman sentencing of children (corporal punishment and life imprisonment); right to education (disabled children and migrant children); child labour.
• Brunei Darussalam: Minimum age of criminal responsibility; inhuman sentencing of children (life imprisonment); corporal punishment.
• Albania: Education (Roma children); human trafficking (assistance to victims and laws to combat trafficking); children involved in ‘blood feuds’ (lengthy family conflicts often resulting in killings and children in hiding).
• Côte d’Ivoire: Sexual violence; education (free primary education for all and education for disabled people); child labour.
• Bhutan: Domestic violence; child labour.
• Democratic People’s Republic of Korea (DPRK): Treaty ratification (three optional protocols to the Convention on the Rights of the Child); gender-based violence; forced abortions.
• Costa Rica: Human trafficking (particularly sex trafficking of women and children); child sexual abuse; child labour.
• Ethiopia: Female genital mutilation (FGM); child marriage; human trafficking; corporal punishment.
• Qatar: Human trafficking.
• Equatorial Guinea: Treaty ratification (optional protocol on children and armed conflict); discrimination against women and girls.
• Nicaragua: Treaty ratification (Hague Convention on the Protection of Children and Inter-country Adoption).

Economic, social and cultural rights 

The Committee on Economic, Social and Cultural Rights held its 52nd session from 28 April to 23 May. The following States were reviewed: Armenia, China, China (Hong Kong), China (Macau), Czech Republic, El Salvador, Indonesia, Lithuania, Monaco, Serbia, Ukraine and Uzbekistan. The concluding observations have just been published, and we are going through them to extract children’s rights mentions, which will be up on our website shortly. In the meantime, you can find all documents on the UN’s website. 

Upcoming 

Committee on the Elimination of Discrimination Against Women (CEDAW)

CEDAW’s 58th session will run from 30 June to 18 July. The women’s rights records of Central African Republic, Georgia, India, Lithuania, Mauritania, Peru, Swaziland and the Syrian Arab Republic will all be reviewed. See CEDAW’s session page for more.  

Advocacy opportunity: right to education 

A half-day discussion on the right of women and girls to education will be held on 7 July as part of CEDAW’s upcoming session. The aim of the discussion, organised by OHCHR and UNICEF, is to provide guidance to States on how to comply with the right of women and girls to an education (article 10 of the Convention).

NGOs can submit written contributions or make oral interventions (the deadline is 20 June for both). For more information, including how to attend the discussions, see the OHCHR website. 

Special procedure visits

• The Special Rapporteur on the right to education is currently in Bhutan (26 May to 4 June).
• The Working Group on people of African descent will visit the Netherlands from 30 June to 4 July.

Closing

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