CRINmail 143
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The 70th UN General Assembly (GA) is underway in New York. Human rights, including children’s rights, are reviewed under the Third Committee. CRIN will be covering the key issues relating to children’s rights in next month’s issue of this CRINmail. In the meantime you can find the agenda for the session here. Read CRIN’s guide to the GA.
The Sustainable Development Summit 2015 was held from 25 to 27 September, at the end of which the GA adopted a final version of the Sustainable Development Goals (SDGs).
The SDGs, like the Millennium Development Goals (MDGs) before them, will play a significant role in the coming years in determining the global approach to international development. CRIN decided to take a deeper look into the possible impact of the SDGs on children’s rights and how they will inevitably impact children’s rights advocacy, as the new sustainable development agenda will determine the areas that will receive international donor money and will heavily influence the choice of issues NGOs focus on. Read CRIN’s full analysis.
The Human Rights Council held its 30th session in Geneva from 14 September to 2 October. A number of thematic panel discussions were organised around issues affecting children’s rights.
"The world needs a safe, inclusive and empowering agenda for children; an agenda that strikes the right balance between supporting children's creativity and sense of innovation and maximizing the potential of new technologies to promote and protect children's rights, and minimizing associated risks and ensuring children's safety and protection; an agenda that keeps children's resourcefulness, resilience and best interests at its heart" said the Special Representative of the Secretary General (SRSG) on Violence against Children, Marta Santos Pais during a side event on the ‘protection of children from online sexual abuse’. The panellists highlighted opportunities for children to use new technologies for learning, creating, playing, but also stressed the associated risks as technologies can be used to commit crimes.
This event was aimed to inform the Council’s 2016 annual day on the Rights of the Child devoted to the question of “Information and communications technology and child sexual exploitation”. OHCHR invites NGOs to provide submissions to feed into its report. Information should be sent by 16 October 2015 to: [email protected] and [email protected]. More information is available here.
The International Commission of Jurists (ICJ) and UNICEF held a side event to present a new guide for States on how to implement the Committee’s General Comment no.16. The guide “Obligations and actions on children’s rights and business” It offers practical examples and best practices on how to protect and ensure the realisation of the rights of the child in the context of business operations.
The Council held an interactive dialogue on arbitrary detention and contemporary forms of slavery. Seong-Phil Hong, Chairperson of the Working Group on Arbitrary Detention underlined the increasing instances of arbitrary detention as a consequence of drug control laws and policies.
Urmila Bhoola, Special Rapporteur on contemporary forms of slavery noted that global businesses with supply chains that involved complicated networks of subsidiaries, franchises, suppliers, contractors and subcontractors were more likely to encounter contemporary forms of slavery, especially beyond the first tier of their supply chains. She stated that global brands operating complex supply chains had increasingly adopted voluntary codes of conduct, which prohibited the use of forced labour, child labour and other slavery-like practices from their operations. She noted, however that “the right to an effective remedy remained elusive, particularly for the most vulnerable workers in supply chains”. Read her report.
Child labour was also addressed during an event on “Ending contemporary forms of slavery in supply chains: challenges, strategies, opportunities and the 2030 Agenda for sustainable development”. Read more here.
In a resolution on human rights in the administration of justice, including juvenile justice, adopted without a vote, the Council called upon States to "ensure that, under their legislation and practice, neither capital punishment nor life imprisonment are imposed for offences committed by persons under 18 years of age" (para. 24) and "not to set the minimum age of criminal responsibility at too low an age, bearing in mind the emotional, mental and intellectual maturity of the child" (para. 23).
Read CRIN's paper on the minimum age of criminal responsibility.
Visit CRIN's campaign page on inhuman sentencing of children.
The Working group on arbitrary detention presented the UN basic principles and guidelines on remedies and procedures on the rights of anyone deprived of his or her liberty to bring proceedings before a court during an interactive dialogue. UNICEF voiced concern over the use of compulsory detention in some countries for children who were victims of sexual exploitation, those who lived on the streets, or those detained for drug use. Defence for Children International (DCI) explained that children continued to be deprived of liberty without having their procedural rights guaranteed. In many cases, deprivation of liberty remained a first option, rather than a last resort. DCI reiterated that the best interests of children should always come as a primary consideration in any decision-making and action taken.
During a side event on violence against children in detention, panelists highlighted the situation of children detained illegally and subjected to violence as a form of punishment in both developed and developing countries. DCI stated that 60 percent of children were held in pre-trial detention. The office of the SRSG on Violence against Children stated that detention (even for their protection) shouldn’t be used as a substitute to childcare because it had a devastating impact on children.
The situation of children detained for drug-related offences was raised during the panel discussion on the impact of the world drug problem on the enjoyment of human rights. The Deputy High Commissioner for Human Rights, stressed that children should not be subject to criminal prosecution; instead, responses should focus on health and education, treatment, including harm reduction measures, and social re-integration.
“No country has yet achieved equality between men and women” declared Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights in his opening remarks of the Annual discussion on the integration of a gender perspective. He added that gender parity meant visible equality, and this profoundly influenced the unspoken notions that had for centuries underpinned discrimination against women and girls. Joachim Rücker, President of the Council noted that women represented more than 50 per cent of the population, yet in many countries they faced a wide range of constraints to effective and equal participation in political, public and economic life.
During the annual half-day discussion on the rights of Indigenous peoples, the Special Rapporteur, Victoria Tauli Corpuz, drew attention to the situation of indigenous women and girls who experienced complex, multidimensional and mutually reinforcing human rights violations which were alarming on their own, but constituted a form of structural violence.
In his report on Sri Lanka, the High Commissioner for Human Rights noted that gross violations of international human rights law and international humanitarian law had been committed by both the Liberation Tigers of Tamil Eelam and Government security forces during the conflict that ended in 2009, many of which might amount to war crimes, and/or crimes against humanity. The investigation documented extensive recruitment and use of children by armed groups, including the Liberation Tigers of Tamil Eelam. Information gathered also suggests that government security forces may have known that the Karuna Group recruited children in areas under its control.
The High Commissioner recommended the establishment of an ad hoc hybrid special court, integrating international judges, prosecutors, lawyers and investigators, to give victims confidence in the independence and impartiality of this process. The Council adopted a resolution on promoting reconciliation, accountability and human rights.
“Syria has fallen apart before the world’s eyes, the ties that bound a nation together had disintegrated and the shared history of Syria’s diverse communities had been torn asunder by this brutal war”, according to Paulo Pinheiro, Chairperson of Commission of Inquiry on the Syrian Arab Republic.
The Commission’s report highlights that parties to the conflict continue to recruit and use children. Thousands of children have been executed by the so-called Islamic State or killed and injured in the Government’s indiscriminate aerial bombardments.
In a resolution, the Council is demanding that the Syrian authorities cooperate fully with the Human Rights Council and the Commission of Inquiry by granting it immediate, full and unfettered access throughout the country. It also strongly condemns the continued systematic, widespread and gross violations and abuses of human rights and all violations of international humanitarian law by all parties.
In the interactive discussion on Sudan, UNICEF said the country remained one of the most protracted children’s crises in the world today, with 5.4 million people, including 3.2 million children, receiving humanitarian assistance; three million children, predominantly girls, out of school; and over half a million children who were severely acutely malnourished and at risk of death. The human rights situation is deteriorating, and mass human rights violations and violations of international humanitarian law that might amount to war crimes and crimes against humanity were being committed with impunity in Darfur, Blue Nile and South Kordofan.
At the close of the session, a group of NGOs made a joint statement, expressing disappointment at ‘the lack of transparency in negotiations of the resolution on Sudan' and the 'failure to set up the much-needed reporting mechanism on the forgotten conflicts in Southern Kordofan, Blue Nile and Darfur'.
The statement also condemned the 'continued unwillingness of the Council to address widespread human rights violations perpetrated by its member States, and the failure of the same States to fully cooperate with the Council or adhere to basic membership standards'. Membership of the Council includes States such as China, Russia and Saudi Arabia.
Fourteen reports from the Universal Periodic Review (UPR) 22nd session have been adopted, including:
Jamaica was urged to take steps to end prejudice and stigmatisation affecting all Jamaicans, including lesbian, gay, bisexual, transgender and intersex persons, increase access to education in rural areas and end impunity for excessive use of force by police forces.
Libya was urged to investigate and address reports of torture and ill treatment in detention centres, establish policies aimed at increasing women’s participation in decision-making and include human rights education in school curricula.
Andorra was urged to provide health services to migrant women and children and improve detention conditions, including juvenile detention.
Bulgaria was urged to protect children placed in institutions and take effective measures to end discrimination against lesbian, gay, bisexual, transgender and intersex people.
Honduras was urged to strengthen the independence of the judiciary, protect women from violence and ensure the protection of freedom of expression for journalists and human rights defenders.
Mongolia was urged to investigate and punish acts of torture by law enforcement agencies, protect children from violence and child labour and ensure children with disabilities’ right to inclusive education.
Panama was urged to guarantee access to education, repeal legislation that defined homosexuality as a crime and stop harmful mining activities.
Maldives was urged to reinstate the moratorium on the death penalty, adopt a law against discrimination on the basis of sexual orientation and strengthen the independence and impartiality of the judiciary.
Belarus was urged to amend its laws to guarantee freedom of expression and freedom of assembly, abolish the death penalty and end arbitrary detentions, enforced disappearances, abductions and continued harassment of human rights defenders.
United States was urged to abolish the death penalty, ratify all human rights instruments and withdraw reservations.
Malawi was urged to review provisions related to medical abortions in cases of sexual assault, ensure gender equality and repeal provisions in the Penal Code criminalising consensual same-sex sexual activities.
The Committee on the Rights of the Child held its 70th session in Geneva from 14 September to 2 October 2015 to review State Parties reports under the Convention on the Rights of the Child (CRC) and its optional protocols from Bangladesh, Brazil, Chile, Kazakhstan, Poland, Timor-Leste, United Arab Emirates, Cuba and Madagascar. While we wait for the concluding observations to be formally issued, CRIN takes a look at the discussions with State parties.
The Committee considered Timor-Leste’s combined second and third periodic reports on the implementation of the provisions of the CRC. Violence against children was reported to be present and commonly accepted throughout the country including corporal punishment both at home and at school. Experts highlighted the need to take measures with regard to family planning to tackle teenage pregnancies and HIV and AIDS among adolescents. Finally the experts recommended the delegation to ratify the third Optional Protocol of the CRC.
While reviewing Chile’s combined fourth and fifth periodic reports, experts raised concerns over the increasing number of cases involving child labour, violence and abuse. Experts enquired about measures to prevent this type of violence and to ensure convictions for perpetrators. The Committee also raised discrimination faced by lesbian, gay, bisexual, transsexual and intersex children, including bullying at school.
The Committee considered Brazil’s combined second to fourth periodic reports. The use of violence against children was discussed, especially the use of force by State agents over children and adolescents. The Committee also raised issues relating to children living in institutions due to poverty and discrimination against children on the basis of sexual orientation.
While reviewing Poland’s combined third and fourth periodic reports, experts raised concerns about the existing gender stereotypes, including the role of men and women, as well as issues around early marriage, discrimination against lesbian, gay, bisexual and transgender children and ethnic discrimination. The situation of children of migrants and children of stateless persons in the country were discussed. Committee members raised issues relating to access to education and other services for Roma children, child abuse by priests, domestic violence and the inclusion of children with disabilities in mainstream education.
The Committee considered Kazakhstan’s fourth periodic report. Experts pointed out the disparities between cities, where children are subjected to various forms of violence, and the countryside, where children are exposed to trafficking and sexual exploitation. Experts also inquired about suicidal behaviour, alcohol and drug use, child prostitution and discrimination against children with disabilities and refugee children. Early marriage and juvenile justice were also discussed.
While considering Bangladesh’s fifth periodic report, experts noted that poverty and natural disasters impeded the implementation of the rights of the child. Low levels of birth registration and the right of education, including gender parity in education, were discussed. Experts raised concerns over the lack of legislative or administrative provisions for refugees and discrimination against indigenous groups. Issues relating to corporal punishment, child marriage and violence against children were also raised.
The Committee considered United Arab Emirates’ second periodic report. Experts expressed concerns over economic exploitation of children and the fact that access to free education was only guaranteed to Emirati children.
While reviewing Cuba’s initial reports on the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography, experts raised concerns over the lack of definition of the terms “sale of children”, “prostitution” and “child pornography” in the legislation, leaving gaps in the implementation of mechanisms to punish pornography and prostitution.
On the Optional Protocol on the involvement of children in armed conflict, experts raised concerns over the lack of clear national legislation preventing children under the age of 18 from participating in hostilities. This also raised the issue of the minimum age to attend military schools, for military service and voluntary recruitment.
The Committee on the Elimination of All Forms of Racial Discrimination (CERD) reviewed eight States’ compliance with the Convention on the Elimination of All Forms of Racial Discrimination during its 87th session:
Norway was urged to address the issue of detention of children in immigration centres, their access to education, interpretation facilities and reports of disappearances of unaccompanied minors, who may become victims of human trafficking.
Macedonia was urged to address discrimination against Roma children living in poverty and facing social exclusion, including segregation in education. The Committee was also concerned that Roma children make up the vast majority of the State’s street children, and that authorities have taken little action to protect and prevent children in the Roma and Albanian communities from the prevalence of early marriage.
Suriname was urged to address reports that child refugees have no birth certificates and to take effective measures to ensure that children of indigenous and tribal peoples have access to an education which takes into account the need to preserve their languages and cultures.
Czech Republic was urged to address discrimination faced by Roma children, including segregation in schools, over-representation in institutional care settings and lack of access for women and girls to free and full sexual and reproductive health services. The State party was also urged to avoid detention of asylum-seekers under 18 years of age.
Netherlands was urged to address the increase in hostility towards refugees and asylum-seekers among its population. The Committee is concerned about the disappearance of a relatively high number of unaccompanied children from the large scale reception facilities, who might have become victims of human trafficking.
The Committee on the Rights of Persons with Disabilities (CRPD) reviewed seven States’ compliance with the Convention on the Rights of Persons with Disabilities during its 14th session, including:
Brazil was urged to explicitly and unconditionally prohibit the sterilisation of adults and children with disabilities in the absence of their individual prior, fully informed and free consent and to implement a mechanism to prohibit, monitor and sanction disability-based discrimination in the public and private education systems.
Gabon was urged to adopt measures to ensure that women and girls with disabilities have equal access to the highest attainable standard of health, and are able to exercise their right to free and informed consent regarding health interventions.
Mauritius was urged to take measures to prevent violence against girls and boys with disabilities, to protect those who are subjected to violence, prohibit forced sterilisation of women and girls with disabilities, and to ensure that perpetrators are brought to justice.
Kenya was urged to promptly investigate all cases of violence against persons with albinism in particular girls, repeal legislation and practices that allow for deprivation of legal capacity to disabled persons and children on the basis of impairment, and adopt measures to prohibit deprivation of legal capacity on customary basis.
Qatar was urged to adopt the necessary legal and other measures to ensure the right of all children with disabilities to compulsory and free primary quality inclusive education and stop segregated education in favor of inclusive, accommodating and accessible educational environment for all students with disabilities in mainstream schools.
Ukraine was urged to strengthen its efforts to stem widespread institutionalisation of children with disabilities throughout the country and take prompt measures to investigate the reports of sexual abuse, exploitation and trafficking of disabled boys and girls in these institutions; and prosecute and punish perpetrators.
Committee on the Elimination of Discrimination against Women (CEDAW) reviewed eight States’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women in its 61st session, including:
Croatia was urged to ensure that perpetrators of human trafficking are not, as commonly practiced, charged with the lesser crime of pimping; and their child and adult victims are referred to adequate support measures rather than being prosecuted by default.
Bolivia was urged to address the exploitation of female domestic workers who can be employed from the age of 10, raise the minimum age of work to 15 years for girls and boys and ensure that all female domestic workers have access to effective remedies to file complaints about abusive conduct and exploitation by their employers.
Gambia was urged to expedite the adoption of legislation criminalising female genital mutilation, compensate victims, implement and raise awareness of health and psychological counselling support services available; and ensure the prosecution and adequate punishment of those responsible.
Namibia was urged to address the high prevalence of violence against women and girls such as rape and murder, the low rate of prosecution of perpetrators, and frequent withdrawal of cases by victims of violence.
Saint Vincent and the Grenadines was urged to find a means of reducing unwanted teenage pregnancies, and strengthen measures to prevent and effectively respond to incidents of transnational and internal trafficking for sexual abuse and exploitation, especially of girls under 18, including through awareness-raising initiatives, and the prosecution and punishment of offenders.
Senegal was urged to repeal without delay all discriminatory provisions in the Family Code, including those relating to the different minimum age of marriage for girls and boys and combat trafficking in women and girls for purposes of domestic work, internet marriages, forced labour, sexual exploitation and forced begging.
Spain was urged to put in place comprehensive measures to prevent and address violence against women and girls, and ensure that women and girls who are victims of violence have access to immediate means of redress and protection, and that perpetrators are prosecuted and adequately punished. The State party was also urged to ensure that all gender stereotypes are eliminated from school textbooks; that school curricula, academic programmes and professional training for teachers cover women’s rights and promote gender equality.
Viet Nam was urged to take measures to prevent and eliminate child prostitution, ensure that perpetrators of child prostitution are prosecuted and adequately punished, that girls in prostitution are not treated as offenders but as victims and develop effective referral mechanisms.
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Committee on the Rights of the Child: 1 November for the review of Central African Republic, Estonia, New Zealand, Qatar, Saudi Arabia, Sierra Leone and South Africa under the CRC, Gabon and Luxembourg under OPSC and Nepal under OPAC.
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Committee on Enforced Disappearances: 1 December 2015 for the adoption of lists of issues prior to the review of Bosnia and Herzegovina, Colombia. 12 February for the review of Burkina Faso, Kazakhstan, and Tunisia.
Find out about Special Procedures upcoming country visits here.
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Closing
“When I was born, they couldn’t tell if I was a boy or a girl. They castrated me at two months and mutilated my genitals at seven,” said Truffer, an intersex activist at the international NGO Zwischengeschlecht.org during a meeting organised by the UN Human Rights Office aimed to specifically address the human rights situation of intersex persons. The two-day conference was the first of its kind for the United Nations and brought together experts from UN and regional human rights mechanisms, intersex civil society organisations and experts to reflect on recent developments in the protection of the rights of intersex people at the UN, regional and national level and to identify the current challenges and gaps in addressing human rights violations faced by intersex people. Read more here.
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