The Committee on the Rights of the Child is holding its 69th session in Geneva from 18 May to 5 June to review States Parties reports under the Convention on the Rights of the Child (CRC) and its optional protocols from Eritrea, Mexico, Ghana, Honduras, Ethiopia, Netherlands, Lao People’s Democratic Republic and Israel.
In considering Eritrea’s fourth periodic report, experts asked about reports of a “shoot to kill’ policy targeting young people who were trying to cross the border, the enforced recruitment of children into the army and the impact on family life of parents undergoing indefinite military service. Early marriage, female genital mutilation and birth registration were also discussed. Discrimination against children from ethnic and religious minorities, such as Jehovah’s Witnesses and lesbian, gay, bisexual and transgender children was also raised.
The Committee considered Mexico’s combined fourth and fifth periodic report under the Convention. Torture was reported to be a systematic practice throughout the country, used by security forces, in some schools and in places of juvenile detention. Experts enquired about measures to prevent high levels of domestic and gender-based violence, including sexual violence, which affects many children and adolescents, and to ensure prosecutions and convictions for perpetrators.
The Committee considered Ghana’s combined third to fifth periodic report under the Convention. The Committee expressed concern over harmful traditional practices including female genital mutilation, the holding of women and children in “witch camps”, and the practice of Trokosi (the giving of young girls to religious shrines for a lifetime of forced ritual servitude), despite the existence of laws prohibiting them. The increase in early and forced child marriage was also discussed. The growth of private schools and unqualified teachers was a pressing issue, said experts, who also asked about the treatment of children with intellectual and other disabilities. Read more on education in Ghana.
The Committee considered Honduras’ combined fourth and fifth periodic report under the Convention and its two initial reports under the Optional Protocols on the sale of children, child prostitution and child pornography (OPSC) and on the involvement of children in armed conflict (OPAC). Experts were very concerned about the high levels of violence in the country, about the worrisome rates of homicide of children and adolescents, and about substance abuse among children. They asked about measures adopted to address the high level of extreme poverty, high rates of malnutrition and prevalence of hazardous child labour among indigenous and Afro-descendant children, and about plans to decriminalise abortion.
Concerning the OPSC, the Committee raised concerns over the very high number of trafficked children in Honduras, noting that up to 500 child victims of trafficking return by land routes from Mexico every week.
With regard to the involvement of children in armed conflict, the Committee expressed concerns over the discrepancy between national legislation and the Optional Protocol with regard to the minimum age of recruitment and the absence of a prohibition on the involvement of children in armed conflict.
The Committee considered the combined fourth and fifth periodic report of Ethiopia on its implementation of the CRC. They expressed concerns about female genital mutilation which, despite prohibition, is still practised, about the very low age of criminal responsibility – only nine years of age, the prosecution of children aged 15 to 18 as adults, and the lack of separation of children from adults in places of detention.
The Committee considered Lao’s initial reports under the OPAC and the OPSC. Concerning the OPSC, the Committee asked about measures taken to protect vulnerable children from sexual exploitation, actions to prevent child pornography, international adoption procedures, extradition and gaps in legislation. Reports of harassment of journalists and human rights defenders reporting on issues such as trafficking and sexual tourism by law enforcement officials were also raised.
Concerning the OPAC, Committee experts asked about children in the armed forces, the presence of military schools and how the age of potential recruits into the armed forces is determined in the absence of official birth certificates. The governance of recruitment by private security companies and training on the Optional Protocol were also discussed.
Still to come: the Netherlands will present its fourth periodic report under the Convention CRC/C/NLD/4 and its initial report under the Optional Protocol on children in armed conflict CRC/C/APAC/NLD/1.
Israel will present its initial report under the Optional Protocol on the sale on children, child prostitution and child pornography CRC/C/OPSC/ISR/1.
In addition to considering these reports, the Committee will:
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hold elections for a new Chairperson;
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discuss the organisation of its future work and methods of work, especially those concerning the optional protocol on a communications procedure;
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continue working on three general comments on: public spending to realise children’s rights, adolescents and children in street situations;
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look at possible themes for the 2016 day of general discussion (in its 62nd session the Committee decided to hold a day of general discussion every two years).
Read the full summary of the concluding observations in next month’s CRINmail.
Download the programme of work.
Visit the Committee’s session page.
Fourteen reports from the UPR's 20th session have been adopted.
San Marino was urged to promulgate laws which expressly prohibit all forms of corporal punishment of children at home as well as in kindergartens, schools and other institutions caring for children, eliminate the legal concept of “children born outside wedlock” and ratify the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
Madagascar was urged to combat trafficking of women and children, adopt the necessary measures to address the issues of sexual exploitation of children and traditional practices of violence against children, and strengthen the legal framework to combat and eradicate the worst forms of child labour.
Gambia was urged to ban harmful traditional practices such as FGM and early and forced marriage and enforce laws relating to child labour.
El Salvador was urged to improve the detention conditions of child offenders, establish an effective policy to guarantee the implementation of non-discriminatory sex education throughout the education system and further strengthen efforts to eliminate the worst forms of child labour.
Fiji was urged to take effective measures to prevent violence against women and children, adopt specific measures to combat discrimination against children with disabilities in accessing an inclusive education and prohibit all corporal punishment of children, including in the home.
Bolivia was urged to promote human rights through education and training, eliminate violence against women and sexual abuse of children and strengthen measures to protect children from all forms of violence.
Slovenia was urged to combat discrimination against children belonging to national minorities, particularly Roma, prohibit all corporal punishment of children, including in the home and take appropriate measures to prevent the forced labour of children.
The Committee on the Elimination of All Forms of Racial Discrimination (CERD) reviewed six States’ compliance with the Convention on the Elimination of All Forms of Racial Discrimination during its 86th session, including:
Bosnia and Herzegovina was urged to improve the situation of Roma children in schools by facilitating their access to mainstream education and take all necessary measures to end ethnic segregation within the educational system.
Denmark was urged to guarantee to asylum seeking children equal opportunities to access quality education and address discrimination against Roma children in the field of education.
Germany was urged to address the underperformance of children from ethnic minorities and take measures to increase the level of educational attainment of children from ethnic minorities.
Speaking ahead of the International Day against Homophobia, Biphobia and Transphobia, a group of UN and international human rights experts, including the Committee on the Rights of the Child, called for an end to discrimination and violence against lesbian, gay, bisexual, transgender and intersex young people and children.
Violence and discrimination against LGBT and intersex children and young persons take place at home, in schools and in institutions, they said. LGBT young people too often face rejection by their families and communities who disapprove of their sexual orientation or gender identity.
The stigma and discrimination LGBT children and young adults face have a detrimental impact on their self-esteem, and are associated with higher rates of depression and suicide than their peers. Discriminatory attitudes by health professionals and restrictions on access to information also create barriers for LGBT and intersex children and young people to access appropriate and safe health services.
Laws that directly or indirectly criminalise people on the basis of their sexual orientation or gender identity further exacerbate violence and discrimination. This includes ‘anti gay propaganda’ laws that arbitrarily restrict rights to freedom of expression and assembly and threaten the work of LGBT organisations and human rights defenders. Although it is claimed that these laws protect children, the result is, typically, the exact opposite: they result in violence against children and young activists who speak up against abuses. These and other discriminatory laws go against international human rights standards and should be repealed.
Read the full statement here.
Visit CRIN’s campaign page “Protect children, end censorship”.
A guide to the role of the human rights treaty bodies in protecting human rights has been produced by the UN Human Rights Office in the UN’s six official languages (Arabic, Chinese, English, French, Russian and Spanish).
The guide explains what the independent expert Committees are, how States Parties’ compliance with treaties is monitored by the treaty bodies and what role governments and others, such as civil society, play in the process.
Following a visit to Armenia, the Special Rapporteur on the sale of children, child prostitution and child pornography, Maud de Boer-Buquicchio, urged the government to devote more attention to the issue of violence against children as well as irregularities in adoption processes, which can amount to the sale of children.
She also urged authorities to prioritise the adoption laws against domestic violence as an important tool to prevent and combat abuse and violence against children, as well as gender inequality. Among her recommendations, Ms. de Boer-Buquicchio encouraged the government to shift its focus from institutionalisation of children in vulnerable situations and children with disabilities, towards care in family environment and community based services.
Following a visit to Sudan, the Special Rapporteur on violence against women, Rashida Manjoo, called for more open and constructive dialogues among all parties to address the causes and consequences of violence against women.
Ms. Manjoo stressed that “the silence and the denials, whether by State authorities or many civil society participants, regarding the subject of violence as experienced by women, is a source of concern”. The Special Rapporteur noted that open and constructive dialogues must address challenges such as social stigma and silences surrounding certain manifestations of violence; an unresponsive and sometimes hostile environment, in the face of violence against women; as well as the lack of or the underreporting of cases and the limited existence of disaggregated data. She also pointed out traditional, cultural and social norms that prevent disclosure and assistance from persons outside of the family unit; and the focus on reconciliation, at the expense of accountability, for crimes against women and girls.
The Special Rapporteur urged the Government of Sudan “to set up a Commission of Inquiry, consisting of both national and international persons, to look into the reports of allegations of mass rapes in different regions, including recent allegations regarding the village of Thabit.”
The Special Rapporteur on freedom of opinion and expression, David Kaye, called on the Government of Nauru to withdraw recent amendments to the Criminal Code which unduly restrict freedom of expression. As adopted by the Parliament, the Criminal Code amendment is ambiguous and imposes harsh penalties, including up to seven year prison sentences, for a wide range of legitimate expression. “Any legislation aiming at regulating the freedom of expression must be strictly necessary to achieve a legitimate objective, and should be worded precisely and with care,” he added.
Mr. Kaye also urged the authorities to revoke other measures that restrain access to internet and social media and curtail the freedom of the press.
“These new laws could be used to muzzle dissenting opinions and deter human rights defenders, academics, journalists, students, politicians and civil society members”, the expert warned.
Following a visit to Syria, the Special Rapporteur on the human rights of internally displaced persons, Chaloka Beyani, said that many displaced women and children remain vulnerable to violence and abuse, including sexual violence.
Mr. Beyani warned that “the situation in Syria has turned into the world’s largest displacement crisis with some 7.6 million people currently internally displaced and the prospects of new displacement high given the instability in many parts of the country.”
The expert highlighted that “three or four years after their displacement, many are living in cramped and extremely basic shelters, with several family members sharing a single room. Many are reliant on humanitarian assistance, lack employment and have little prospect of return to their homes or improvement to their living conditions. Some face suspicion of support for armed groups.”
The Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai reiterated his call to the Government of Cambodia to ensure that civil society can meaningfully contribute to the elaboration of the draft Law on Associations and Non-Governmental Organizations (LANGO), which is expected to be adopted by parliament this month.
“It is ironic that the drafting of a law regulating civil society in Cambodia excludes civil society from the process,” he said, stating that he has “serious concerns about a process that would result in the adoption of the LANGO without meaningful public participation.”
Mr. Kiai noted that the development of legislation to regulate civil society associations in the country, which dates back to 2008, has been reportedly shrouded in secrecy.
UN consultations on civil society space
The exercise of public freedoms (expression, association, peaceful assembly) and the right to participate in public life are at the heart of civic activity. The UN High Commissioner for Human Rights is putting together a report with practical recommendations on how to create and maintain the space for civil society to work freely and independently.
NGOs are invited to share examples and illustrations of ways to maintain a free space to work, ways of carrying out activities under restrictions to civil society space and useful links, tools, resources and guides.
The deadline for submissions is 30 June. Send your input by email to: [email protected].
More information on the consultation.
Health systems and violence against children
The World Health Organisation (WHO) is seeking input for a draft global plan of action to strengthen the role of the health system within a national multisectoral response to address interpersonal violence, in particular against women and children.
The deadline for submissions is 4 June 2015.
Read more about the global plan of action, including the first discussion paper.
Treaty body sessions - Deadlines for submissions
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Committee on the Rights of the Child: 1 July for the review of Antigua and Barbuda, Barbados, Bulgaria, Pakistan, Saint Vincent and the Grenadines, Samoa, Slovakia, Suriname, United Kingdom of Great Britain and Northern Ireland
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Human Rights Committee: 5 June 2015 for the review of Canada, France, Spain, the former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, United Kingdom of Great Britain and Northern Ireland (Crown Dependencies), United Kingdom of Great Britain and Northern Ireland (Overseas Territory), Uzbekistan, Venezuela.
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Committee on Economic, Social and Cultural Rights: 11 May 2015 for the review of Chile, Ireland, Kyrgyzstan, Mongolia, Thailand, Uganda and the Bolivarian Republic of Venezuela.
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Committee Against Racial Discrimination: 13 July for the review of Colombia, Costa Rica, Czech Republic, Netherlands, Niger, Norway, Suriname and The former Yugoslav Republic of Macedonia.
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Committee on the Elimination of Discrimination against Women: 22 June for the review of Bolivia, Croatia, Gambia, Namibia, Saint Vincent and the Grenadines, Senegal, Spain and Viet Nam.
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Committee on Enforced Disappearances: 14 August for the review of Iraq and Montenegro.
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Committee on Migrant Workers: 10 August for the review of Cape Verde, Guinea, Seychelles, Timor-Leste
Special procedure visits
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Working Group on the issue of discrimination against women in law and in practice: Hungary from 1 to 11 September.
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Working Group on Enforced or Involuntary Disappearances: Peru from 1 to 10 June and Sri Lanka from 3 to 12 August and Turkey from 16 to 20 November.
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Independent Expert on the effects of foreign debt: China from 29 June to 6 July.
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Special Rapporteur on the rights to freedom of peaceful assembly and of association: Chile from 21 to 30 September.
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Special Rapporteur on the human rights of migrants: Australia from 16 to 20 November.
Read the latest report of cases of human rights violations taken up by Special Procedures.
