Children's Rights at the United Nations 152

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05 April 2016 subscribe | subscribe | submit information
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    March is a busy time at the United Nations. The Human Rights Council held its annual day on the rights of the child during its 31st session, and other experts reported on their work - several focusing on children's rights. This edition provides an update on some of the key outcomes from the Council’s session for children’s rights and other happenings at the UN.

    CRIN was reporting live from the session; read the daily updates:

    Day one round-up - annual day on the rights of the child [8 March 2016]

    Day two round-up [9 March 2016]

    Day three round-up [10 March 2016]


    Human Rights Council: session 31

    Annual day on the rights of the child

    Following this year's discussion on "information and communications technology (ICTs) and child sexual exploitation", the Council adopted aresolution. This urges States “ to ensure the legal protection of childrenfrom sexual abuse and exploitation online”, “to develop a comprehensive, safe, inclusive and empowering approach to children’s online protection that is in line with the Convention on the Rights of the Child” and “to provide for effective remedies, recovery and reintegration…”. However much of the language remains vague raising concerns about implications for  certain rights such as the right to privacy and protection from “arbitrary or unlawful” interference.

    The resolution also includes the decision by the HRC to focus next year’s annual day on the rights of the child on “Protection of the rights of the child in the implementation of the 2030 Agenda for Sustainable Development” and requests the OHCHR to prepare a report on that issue.

    Read our special CRINmail on this year’s annual day.

    Read CRIN’s submission to OHCHR’s report on ICTs and child sexual exploitation.
     

    Protection of the family

    The High Commissioner for Human Rights presented his report on the protection of the family, recalling the lack of “definition of the family under international human rights law”. The report highlights that “Children should be recognized as rights holders”, adding that the prohibition of violence against children “encompasses the corporal punishment of children, as well as any other cruel or degrading forms of punishment within the family.”Go here for a more detailed look at the report.
     

    Protection of human rights defenders

    The Council adopted a landmark resolution on the protection of humanrights defenders working to promote economic, social and cultural rights. The resolution affirms the legitimate and essential role of human rightsdefenders in promoting, protecting and contributing to the realisation of economic, social and cultural rights - including indigenous rights and theright to development - and condemns restrictions and attacks against them by both States and business enterprises. Prior to the resolution’s adoption, more than 150 NGOs from across the world, including CRIN, united to call on Member States of the Council to support the move and reject a series of 30 hostile amendments proposed by Russia, China, Egypt, Cuba and Pakistan, designed to undermine the protection of defenders and to deny their legitimacy and very existence.
     

    Human rights and the environment

    In a resolution on human rights and the environment, the Council called upon States to provide effective remedies for human rights violations, including those related to the enjoyment of a safe, clean, healthy and sustainable environment; and to take into account human rights obligations and commitments relating to this right in the implementation of the Sustainable Development Goals.
     

    Torture during police custody and pre-trial detention

    In a resolution on torture and other cruel, inhuman or degrading treatment or punishment focusing on safeguards to prevent torture during police custody and pre-trial detention, the Council recalled that “accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication”. The resolution also urges States to adopt, implement and fully comply with legal and procedural safeguards against torture and other cruel, inhuman or degrading treatment or punishment.
     

    Right to work

    The Council reaffirmed the right to work in a resolution urging States to take steps to achieve the full realisation of that right. While the resolution makes no specific mentions of children’s right to work and the special labour guarantees needed to protect children’s rights, it “underscores the responsibility of the State to protect children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development”.
     

    CRC elections

    On 28 June, in New York, the Economic and Social Council will elect nine members of the Committee on the Rights of the Child (CRC) to replace those whose terms are due to expire on 28 February 2017:

    1. Amal Aldoseri, Bahrain / Asia (Vice-Chairperson) – on the Committee since 2012

    2. Peter Guran, Slovakia / Europe – on the Committee since 2008

    3. Olga Khazova, Russia / Europe – on the Committee since 2012

    4. Benyam Dawit Mezmur, Ethiopia / Africa (Chairperson) – on the Committee since 2012

    5. Yasmeen Shariff, Malaysia / Asia (Vice-Chairperson) – on the Committee since 2012

    6. Wanderlino Nogueira Neto, Brazil / Americas – on the Committee since 2012

    7. Sara Oviedo Ferro, Ecuador / Americas (Vice-Chairperson) – on the Committee since 2012

    8. Maria Rita Parsi, Italy / Europe – on the Committee since 2012

    9. Renate Winter, Austria / Europe (Vice-Chairperson) – on the Committee since 2012

    All 9 candidates whose term expires can be nominated again. So far, States have nominated:

    Ms. Amal Salman ALDOSERI from Bahrain;

    Mr. Cephas LUMINA from Zambia; and

    Ms. Velina TODOROVA from Bulgaria.

    Read a fact sheet on how you can influence the nomination and election processes, as well as more detail about how these processes work.

    We will issue more information soon on more specific ways to influence the elections.
     

    UNGASS

    The UN General Assembly will hold a special session on the world drug problem from 19 to 21 April 2016 at UN Headquarters in New York. A coalition of child rights organisations has released a joint statementoutlining concerns around the upcoming session including the failure of the current draft outcome document to address children’s rights issues. The statement explains why and how the outcome document should be amended to include an explicit commitment of Member States not to criminalise children for drug use and to respect and implement access to justice standards.

    To sign on, email anna.tomasi@defenceforchildren.org.
     

    Special Procedures

    Regularly updated calendar about Special Procedure visits.

     

    Treaty bodies

    CESCR

    The Committee on Economic, Social and Cultural Rights held its 57th session from 22 February to 18 March. It reviewed three States’ compliance with the International Covenant on Economic, Social and Cultural Rights.

    Canada: The Committee expressed concern over the persistence of violence against women and girls; the higher likelihood that indigenouschildren are placed in child care institutions; and the continuous low educational and academic attainment by indigenous and African-Canadianchildren.

    Kenya: The Committee expressed concern over the fact that the newly adopted Protection against Domestic Violence Act is not effectively enforced and that domestic violence is still pervasive, particularly against women, children and persons with disabilities and that the majority of cases of domestic violence go unreported. The Committee also expressed concern over the prevalence of chronic malnutrition and the high level of stunting; and the fact that inadequacies in the public schooling system have led to the proliferation of so-called “low-cost private schools” which in turn result in segregation or discriminatory access to education.

    Namibia: The Committee expressed concern over the significant prevalence of alcohol consumption and drug use among school-agedchildren. The Committee was also concerned that, as customary law governs 80 percent of marriages, children are vulnerable to early marriage; and that Namibia has not yet investigated any reports of harmful practices, such as sexual initiation, performed in certain regions of the country.

    During the session the Committee also adopted two General Comments:

    Read a blog post by the Global Initiative on Economic, Social and CulturalRights on the new General Comment 23.
     

    CEDAW

    The Committee on the Elimination of Discrimination against Women held its 63rd session from 15 February to 4 March. It reviewed eight States’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women.

    Czech Republic: The Committee expressed concern over the low number of prosecutions and convictions of perpetrators of trafficking in women and girls; the deprivation of liberty of asylum-seeking, refugee or irregular migrant mothers with children; and the fact that women and girls continue to be underrepresented in technical schools and scientific research work, as well as in academia, particularly at the senior level.

    Haiti: The Committee expressed concern over the fact that despite the alarmingly high number of women victims of trafficking in Haiti, specific legislation criminalising trafficking is still in draft form and has not yet been submitted to Parliament. The Committee was also seriously concerned at the practice of incest or rape by fathers, uncles or other close adult male relatives of young girls on the pretext of warding off “other males the family does not know”.

    Iceland: The Committee expressed concern over the continued prevalence of stereotypical educational choices by women and girls as well as by men and boys, resulting in underrepresentation of women and girls in fields of study that are traditionally dominated by men; and the lack of guaranteed childcare for children aged nine months to two years.

    Japan: The Committee expressed concern over the fact that stereotypes continue to be the root cause of sexual violence against women and that pornography, video games and animation such as manga promote sexual violence against women and girls; and the high rate of abortion and suicide among teenage girls and women.

    Mongolia: The Committee expressed concern over the fact that women and girls with disabilities do not have access to shelters for victims of violence; the persistence of violence in schools and school dormitories, in particular sexual violence and abuse, which results in a high number teenage pregnancies and a lack of comprehensive education on sexual and reproductive health and rights, including on responsible sexual behaviour; and of family planning services and the high level of unmet contraception needs among women and girls.

    Sweden: The Committee expressed concern over the recent reversal of the asylum policy and policies restricting the granting of residence permits and family reunification, which may have particularly negative consequences for women and children asylum-seekers. The Committee was also concerned that a high number of girls suffer from discrimination and sexual harassment in schools; and, despite progress achieved, migrant girls, girls belonging to minorities, in particular Roma, and Sami girls continue to face difficulties in accessing education.

    Tanzania: The Committee expressed concern over the high prevalence of harmful practices, including child and/or forced marriage, female genital mutilation (FGM) in certain regions, ceremonies for girls which lead to abuse, the practice of prescribing sex with girls or women with albinism as a cure for HIV, ritual killings and attacks on persons with albinism, including women and girls, the use of their body parts for the purpose of witchcraft, and the stigma and social exclusion suffered by mothers of children with albinism. The Committee also expressed concern over the impunity for perpetrators of sexual violence and the reluctance of girl victims of sexual violence to report cases of abuse to the police because of the stigma surrounding sexual violence.

    Vanuatu: The Committee was concerned over the lack of procedural accommodation of the justice system for women and girls with disabilities, such as accessible information, provision of sign language interpreters and alternative forms of communication. The Committee also expressed concern over the absence of a law to prevent, suppress and punish trafficking in persons, in particular women and girls.

    The Committee also held a half-day general discussion on gender-related dimensions of disaster risk reduction and climate change.


    Deadlines for submissions

    Committee on the Rights of the Child: 1 July for the review of Bhutan, Cameroon, Lebanon, Mongolia, Romania under the Convention on theRights of the Child; Bhutan, Russian Federation, United States of America under the Optional Protocol on the sale of children, child prostitution and child pornography; and Bhutan, United States of America under the Optional Protocol on the involvement of children in armed conflict.

    Human Rights Committee: 27 May for the review of Argentina, Burkina Faso, Denmark, Ecuador, Ghana, Kazakhstan, and Kuwait and; 8 April for the list of issues for Thailand, Turkmenistan, Italy and Serbia or list of issues prior to reporting for Belgium, Norway and Lithuania.

    Committee against Torture: 4 July for the review of Burundi, Cape Verde, Honduras, Kuwait and Mongolia; and 17 October for the review of Armenia, Ecuador, Finland, Monaco, Namibia, Sri Lanka and Turkmenistan and the list of issues prior to reporting for Australia, Côte d'Ivoire, Croatia, Montenegro, Sweden, Ukraine and United States of America.

     

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    Closing

    Hazardous substances and wastes

    The Special Rapporteur on Hazardous Substances and Wastes is calling on civil society organisations to fill out a questionnaire that will inform his thematic report on the extent that children's rightsinform government policies related to hazardous substances and wastes.
    Send your responses preferably via email to:[email protected], copying [email protected] by 15 April 2016.

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