Children's Rights at the United Nations 156

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05 August 2016 subscribe | subscribe | submit information
  • CRINmail 156:

    In this issue:

     

    Election of the next UN Secretary-General

    Candidates seeking to be the next UN Secretary-General took part in live televised debates for the first time ever this month. The candidates took questions from the audience on subjects including leadership style, climate change, the International Criminal Court, the civil war in Syria and the recent fighting in South Sudan, where UN peacekeepers are struggling to protect civilians. A question asked by CRIN about how the candidates would ensure all appointment processes for high-level UN positions are open and transparent was answered by Christiana Figueres during one of the informal debates. In response, she stated that the UN now has better processes to ensure transparency, though it must be more effective at appointing individuals and speed up the recruitment process.

    The Security Council also held its first “straw poll” of the candidates in mid-July. In a closed session, members of the Council indicated whether they “encourage,” “discourage,” or have “no opinion” about each of the candidates. In a major blow to transparency, the Council chose not to share the results of the poll. However, a leak  suggests that António Guterres (Portugal) is the most popular candidate, followed by Danilo Türk (Slovenia), Irina Bokova (Bulgaria) and Vuk Jeremić (Serbia). The Council is expected to hold several rounds of polls in the coming weeks.  
     

    Climate change and children rights

    The Human Rights Council adopted a resolution during its 32nd session onhuman rights and climate change with a focus on children's rights. It recognises that children are among the most vulnerable to climate change, and that this may have a serious impact on their enjoyment of the highest attainable standard of physical and mental health, access to education, adequate food, adequate housing, safe drinking water and sanitation. According to the text, the HRC will hold a panel discussion at its 34th session and the Office of the High Commissioner for Human Rights will conduct a “detailed analytical study on the relationship between climate change and the full and effective enjoyment of the rights of the child”. The resolution also refers to the day of general discussion of the Committee on the Rights of the Child on children’s rights and the environment to be held on 23 September  2016.
     

    Violence against children

    INSPIRE is a new tool providing a framework for ending violence againstchildren, launched by the World Health Organisation (WHO) with UNICEF and a number of civil society organisations. It aims to build political will, promote solutions, accelerate action and strengthen collaboration among governments, UN agencies, civil society, the private sector, researchers, and academics. The framework, which contributes to the Global Partnership to End Violence Against Children, is based on seven strategies: implementation and enforcement of laws; norms and values; safe environments; parent and caregiver support; income and economic strengthening; response and support services; and education and life skills.
     

    Special Rapporteurs

    Right to education

    In a report on digital technology to the Human Rights Council, the Special Rapporteur (SR) on the right to education urged governments to ensure that the use of digital technologies in education promotes access, quality and equity, and does not undermine them. The report asserts that public policies have not kept pace with the rapid developments in digital technologies and reminds governments to ensure that their legislation and policies are updated to protect the right to education. The SR also reminded governments that the right to education in the digital age should not be violated by private providers, urging the intellectual community and civil society to initiate public debates to ensure education remains a public good and not for private profit.
     

    HIV and AIDS

    In a statement delivered ahead of the High-Level Meeting on Ending AIDS by 2030, a group of independent experts warned that the AIDS epidemic is still driven by human rights violations around the world, including discrimination, violence, punitive laws, policies and practices. “Globally, women and girls are still the most affected by the AIDS epidemic and women living with HIV report higher levels of stigma, discrimination and violence than men living with HIV,” the human rights experts underlined. “The ability of women and girls to protect themselves from HIV continues to be compromised by gender inequalities,” they said, drawing attention to unequal legal, economic and social status; insufficient access to education, health care and services; and the inability to exercise sexual and reproductive rights; as well as all forms of discrimination and sexual violence and exploitation in the public and private spheres.
     

    Albinism

    The Independent Expert on albinism hosted the first ever regional forum for Action on Albinism in Africa in Dar es Salaam, Tanzania in June. Participants developed specific measures to tackle the attacks and discrimination faced by persons with albinism in several countries in the region. Persons with albinism in Sub-Saharan Africa face some of the most extreme forms of human rights violations, with the majority of victims being women and children. They face physical attacks fuelled by erroneous beliefs that their body parts can be used in potions and in other witchcraft practices. “Albinism has often been subjected to mystification, triggering erroneous beliefs and myths,” the Secretary-General explained on International Albinism Awareness Day. “The completely mistaken belief that potions or amulets made from the body parts of people with albinism have magical powers has given rise in some countries to a demand for such human remains. This has led to attacks, abductions and killings of people with albinism, and even to the theft of their bodies from graveyards.”
     

    NGO transparency

    A group of special rapporteurs urged Israeli lawmakers not to approve the so-called 'NGO transparency bill' that would target NGOs critical of government policy. The experts expressed grave concern that the legislation would subject NGOs to harsh penalties for challenging rights violations and de-legitimise them publicly. The proposed legislation would lead to some NGOs being perceived as agents of foreign entities, regardless of how autonomously they operate. The Special Rapporteur on the promotion of human rights defenders, Michel Forst, said, “The discriminatory impact of new requirements on NGOs would result in public shaming of certain organisations, eroding the democratic character of Israeli civil society”.
     

    Trafficking in persons

    Speaking ahead of World Day Against Trafficking in Persons, the Special Rapporteur on trafficking in persons urged all States to protect people, particularly women and children, from related violations. She made a particular appeal to those countries hosting victims and potential victims of trafficking among persons fleeing conflict around the world, outlining the threat posed by walls, fences and laws to women and children in particular, forcing them into the hands of smugglers. States should establish or adapt existing procedures and services aimed at providing assistance and protection, including gender- and child-sensitive measures, to victims of trafficking, and consider extending some assistance measures - especially help for job opportunities - to people at risk of trafficking and exploitation.
     

    Sexual and reproductive health in Dominican Republic

    A group of UN experts urged the President of the Dominican Republic to protect women's and girls’ rights to sexual and reproductive health in the country. They urged Dominican authorities to repeal all restrictive legal provisions regarding abortion, especially in cases of risk to the health, including mental health, of the woman or girl, of rape and incest and of fatal impairment of the foetus. In December 2014 President Danilo Medina signed an amended Penal Code that would allow women access to safe abortion services in some circumstances. However, following appeals by conservative groups and a declaration by the Supreme Court that the amendment is unconstitutional a year after the law passed, the Dominican Senate is now debating a new penal code that is far more restrictive. The draft penal code only permits abortion where pregnancy is life-threatening and established harsh prison sentences for women and health care providers.
     

    UPR

    Fourteen reports from the Universal Periodic Review’s 24th session were adopted during the Human Rights Council’s 32nd session. CRIN is uploading children’s rights extracts of the reports.

    Paraguay was urged to prohibit all forms of corporal punishment; strengthen its legislation to prevent and punish all violence against women and girls, particularly sexual abuse and domestic violence; promote alternative measures to deprivation of liberty for children; and strengthen access to the national education system for all children and adolescents with disabilities, ensuring an inclusive education.

    Palau was urged to strengthen its efforts to prevent and combat trafficking in human beings for sexual purposes, with particular attention to children; prohibit and eliminate all forms of corporal punishment; and adopt specific measures to promote the development of inclusive education for persons with disabilities.

    Somalia was urged to step up its efforts to strengthen the mechanisms to demobilise child soldiers and ensure their social reintegration, notably through family reunification and vocational training; develop measures to promote education for all, particularly for vulnerable groups, including women, children and persons with disabilities; and adopt and enact legislation banning female genital mutilation.

    Solomon Islands was urged to raise the minimum age of criminal responsibility to internationally accepted standards and ensure that juvenile justice protection is accorded to all children up to the age of 18 years; take measures to combat violence against women and children and to ensure effective complaint mechanisms for victims; and end all forms of corporal punishment of children in all settings.

    Sierra Leone was urged to take steps to prohibit child labour; ensure the rights of all girls to education by inter alia reversing a decision to ban pregnant girls from attending classes and exams; and prohibit corporal punishment of children.

    Singapore was urged to continue and strengthen efforts to integratechildren with disabilities into mainstream education; continue efforts to combat human trafficking and to protect victims of such crimes, especially women and children; and adopt further measures to ensure the full enjoyment of rights of persons with disabilities, particularly in education and access to services.
     

    Treaty bodies

    CCPR

    The Human Rights Committee held its 117th session from 20 June to 15 July. It reviewed seven States’ compliance with the International Covenant on Civil and Political Rights.

    Denmark: The Committee expressed concern at the possible placement of remand detainees in solitary confinement for up to four weeks for minors. The Committee recommended Denmark bring its legislation and practice on solitary confinement in line with international standards as reflected in the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), by abolishing solitary confinement of minors.

    Ghana: The Committee expressed concern over the widespread practice of corporal punishment; and the persistence of certain harmful practices, notwithstanding their prohibition by law, such as female genital mutilation and forced early marriage. The Committee recommended Ghana combat stigmatisation of women and girls who seek abortion, and ensure access to contraception and adequate and affordable reproductive health services for all women and adolescents.

    Kazakhstan: The Committee expressed concern over the problem of childlabour on cotton plantations; the lack of services for victims of forced labour and the lack of explicit criminalisation of slavery and slavery-like practices.

    Kuwait: The Committee expressed concern over the discrimination faced by the “Bidoon” community and urged the country to speed up the process of granting Kuwaiti citizenship to “Bidoon” and guarantee the right of everychild to acquire a nationality. The Committee was also concerned by the lack of progress in repealing discriminatory provisions against women and recommended Kuwait adopt measures to prevent early and forced marriages.

    The Concluding Observations to Argentina, Burkina Faso and Ecuador are not yet available in English.
     

    CESCR

    The Committee on Economic, Social and Cultural Rights held its 58th session from 6 to 24 June. It reviewed seven States’ compliance with the International Covenant on Economic, Social and Cultural Rights.

    Angola: The Committee expressed concern over the low enrolment rates at all school levels; the fact that teenage pregnancy remains prevalent, especially in rural areas, among other reasons due to limited access to sexual and reproductive health services and information; and the limited access to justice by female victims of discrimination, especially in rural areas.

    Sweden: The Committee expressed concern over the fact that incidents of violence against women and children remain widespread and that despite many measures taken to address this problem, reporting and prosecution rates remain low; the increased number of children living in poverty; and the limited educational opportunities provided to indigenous children andchildren belonging to minorities aimed at achieving proficiency in their mother tongue.

    Macedonia: The Committee expressed concern over the high malnutrition rates among Roma children and children living in rural areas; and limited access to modern contraception, particularly among women and girls. The Committee was also concerned over the situation of refugees, many of whom are women and children, who were still stranded at the temporary transit centres in Vinojug and Tabanovce, living in precarious conditions with limited access to healthcare services, education and other basic services.

    United Kingdom: The Committee expressed concern over the adverse impact of the budget cuts on the enjoyment of the rights to social security and to an adequate standard of living by disadvantaged and marginalised individuals and groups, including women, children, persons with disabilities, low-income families and families with two or more children; and the persistence of significant inequalities in educational attainment, especially for children belonging to ethnic, religious or other minorities andchildren from low-income families.

    The Concluding Observations to Burkina Faso, France and Honduras are not yet available in English.
     

    CERD

    The Committee on the Elimination of Racial Discrimination held its 89th session from 25 April to 13 May. It reviewed six States’ compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.

    Azerbaijan: The Committee expressed concern over legal provisions which permit the expulsion of migrant workers, along with their families, includingchildren enrolled in school.

    Georgia: The Committee expressed concern over the limited educational and employment opportunities for youth, including girls, in remote areas; and the fact that enrolment of Roma children in school remains low, particularly beyond the primary school level.

    Namibia: The Committee expressed concern over the high prevalence of violence against women and girls including rape and murder committed by intimate partners; the fact that Namibia remains a source and destination country of trafficking in human beings, in particular women and girls, mainly for purposes of forced labour and sexual exploitation; and the high rates of pregnancy resulting in dropout of girls from school.

    Oman: The Committee expressed concern over the fact that the new nationality law only allows Omani women married to non-Omani men to transmit their nationality to their children under strict conditions.

    Rwanda: The Committee expressed concern over the weak impact of the measures taken by Rwanda to help the Batwa, who continue to suffer from poverty and discrimination in obtaining access to education - their educational level remains the lowest and their dropout rate the highest as compared with the rest of the population.

    The Concluding Observations to Spain are not yet available in English.
     

    Deadlines for submissions

    Committee on Economic, Social and Cultural Rights: 29 August for the review of Costa Rica, Cyprus, Dominican Republic, Lebanon, Philippines, Poland and Tunisia.

    Committee on the Elimination of Racial Discrimination: 31 October for the review of Argentina, Italy, Portugal, Togo, Turkmenistan and Uruguay.

    Committee on Migrant Workers: 5 August for the review of Honduras, Nicaragua, Niger and Sri Lanka.

    Committee on Enforced Disappearances: 2 September for the review of Gabon and Lithuania.

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    Closing

    In response to the human rights crisis in Burundi, the UN Committee Against Torture (CAT) held a special session last week to review allegations of torture and other abuses in the country. But Burundi’s government shockingly failed to turn up for the review’s second day - apparently the first country ever to do so. Committee members raised serious concerns, including torture, extrajudicial executions, disappearances, rape, and crackdowns on human rights defenders and opposition party members, and asked numerous, precise questions about the government’s actions. CAT members spoke scathingly about the justice system’s lack of independence and the authorities’ failure to end impunity.

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