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The Third Committee of the General Assembly (GA) concluded its work for the 71st session on 23 November, sending a total of 51 resolutions to the GA for adoption. Read the full list of resolutions and reports relating to the UN General Assembly’s Third Committee, including child specific documents.
The traditional resolution on the rights of the child saw many States express their concern over the critical situation of children in many parts of the world. It called on States to withdraw reservations incompatible with the Convention on the Rights of the Child or its Optional Protocols, and to protect and promote children’s right to express themselves freely. It also urged States that had not yet done so to ratify the ILO Conventions on the Worst Forms of Child Labour (No.182) and Minimum Ages (No. 138). States were also called on to ensure the enjoyment of all human rights for children belonging to minorities and vulnerable groups and those in vulnerable situations, including migrant children and indigenous children, as well as children placed in alternative care within the juvenile justice system and in detention. However, prior to the resolution’s approval, an oral amendment put forward by Sudan sought to replace a reference to the International Criminal Court, stressing that the Court was not the sole instrument to dispense justice at the national, regional, and international levels. This amendment was heavily rejected.
The GA adopted a resolution that strongly encouraged States to integrate democratic and civic education, including human rights education and information on sustainable development into school curricula. The resolution, introduced by Mongolia, reaffirmed the fundamental link between democratic governance, peace and development and the promotion and protection of all human rights. “Education is a main driver of development and is essential for peace, tolerance, human fulfilment and sustainable development,” the resolution's sponsor said, acknowledging the important contributions already made by civil society, academia, the private sector and other stakeholders including the UN. Mongolia’s delegate recalled that the Sustainable Development Goals and targets were integrated and indivisible, and acknowledged the importance of taking measures to ensure inclusive and equitable quality education and promoting lifelong learning opportunities for all.
A resolution on “Human rights in the administration of justice”, introduced by Austria recalled the absolute prohibition of torture in international law and urged States to take all measures to prevent and respond to all forms of violence against children within the justice system. States were reminded to provide tailored and interdisciplinary human rights training, including anti-racist, multicultural, gender-sensitive and child rights training, to all legal professionals, social workers, immigration and police officers and other professionals concerned, including those deployed in international field presences.
A resolution on child, early and forced marriage called on States and relevant stakeholders - including women and girls, parents and family, religious, traditional and community leaders, civil society organisations, men and boys, the media and the private sector - to develop and implement holistic and coordinated responses and strategies to eliminate child, early and forced marriage. The resolution also called for further steps to be taken to support girls and women at risk or subjected to that practice. The Secretary-General was also requested to submit a report on the progress towards ending the practice worldwide. The representatives of Qatar and Guyana – the latter speaking on behalf of the Caribbean Community – expressed concern about the term “early marriage”, pointing out that it must be applied in line with national laws, as there was no international agreement on the issue. However this was challenged in tense discussions where the inclusion of sexual and reproductive rights was argued to be crucial for making progress with such language having been previously agreed upon.
Mexico and Armenia tabled a resolution on protecting children from bullying. The ensuing debate addressed the situation of LGBTI children and how they are at risk of bullying. The resolution calls on States to share national experiences and best practices for preventing and tackling bullying, including cyberbullying. It invites the Secretary-General, within existing resources, to facilitate global efforts to raise awareness of bullying, including through UN agencies, funds and programmes. In his report to the GA on 'Protecting Children from Bullying', the Secretary-General underscored how children are more likely to be bullied both in person and online, as well as stigmatised and excluded because of their sexual orientation or gender identity.
In a wide ranging debate on refugees, the new UN High Commissioner for Refugees, Filippo Grandi, told the Third Committee that refugees were at the centre of political attention for the first time in decades. A key area of the debate focused on discussing the plight of Syrian refugee children and how many are being exploited in various host countries. Despite many States using the debate to explain how they cater for Syrian child refugees, it has become clear that displaced Syrian children are increasingly vulnerable to family separation and forced recruitment. The debate also heard how their various psychological and psychosocial needs related to the trauma of displacement were not being met and how many children were lacking access to basic education.
The debate on Israel’s practices in the Occupied Palestinian Territories, which took place before the Fourth Committee of the GA, heard how young Palestinian refugees continue to face unquantifiable challenges, including the risk of radicalisation due to mounting insecurity and the frustration of unmet humanitarian needs resulting from the lack of sustained and predictable funding. “When I look at the region, I sense the risks of radicalisation of desperate young people,” said the Commissioner-Generalof the UN Relief and Works Agency for Palestine Refugees in the Near East. While few young Palestinians had responded to the calls of terrorist groups like Da’esh to date, global efforts were the key to reducing their sense of insecurity and meeting their humanitarian needs. More than a quarter of Palestinian households lived in poverty and half a million school children were in need of quality education, it was noted.
On the occasion of the 27th Anniversary of the Convention on the Rights of the Child, children’s rights experts stressed that despite significant progress in the protection of children’s rights, important challenges still compromise their universal realisation. In their statement, the Chairperson of the Committee on the Rights of the child, together with Special Representatives of the Secretary-General on Violence against Children, on Children and Armed Conflict and the Special Rapporteur on the sale of children, child prostitution and child pornography said that it was “high time to move from universal ratification to universal implementation” while giving priority to children who have been left behind. The experts stressed in particular how the Convention can help shape an action-oriented policy agenda, ignite policy commitments, and support tangible implementation and monitoring efforts, while also mobilising global advocacy and support to prevent and address serious violations of children’s rights. They also welcomed the coming in-depth global study on children deprived of liberty, to be led by Manfred Nowak and called on States and all stakeholders to support this crucial process.
The Forum on Human Rights, Democracy and the Rule of Law was convened for the first time by the Human Rights Council in November. The Forum was dedicated to the question of widening the democratic space by engaging young people in public decision-making. There were intensive discussions on the trends related to youth participation in democracies, and how to make democracy more accessible, appealing and relatable to young people. The discussions also encompassed the role of youth in the realisation of the 2030 Agenda as well as the engagement of youth in peacebuilding and conflict resolution, referring to the Security Council Resolution 2250 on Youth, Peace and Security.
During the panel on “Creating an enabling environment for the effective participation of youth in public decision-making”, the issue of political consultation with young people, as well as the voting age were raised. Ms. Oviedo, member of the Committee on the rights of the child (CRC), highlighted in particular that lowering the voting age to 16 was one possibility that was already in place in several countries, including in Ecuador. She also recalled that the CRC was in the process of drafting a General comment on the rights of adolescents, stressing that it will be the first international document which recognises that adolescent exist in the world. She suggested that other treaty bodies could do the same.
See CRIN submission to the Forum here.
So many people fleeing conflict are now being caught up in trafficking that a new approach by governments is needed, the Special Rapporteur (SR) on trafficking in persons has warned. Ms. Giammarinaro expressed particular concern about children caught up in conflict, who face a high risk of trafficking and other forms of exploitation, whether fleeing alone or with their families. “Children working in the informal economy become the only source of income, and often end up in heavy exploitation,” she said. “Children travelling alone, hoping to reunite the whole family in a safe country, are exposed to a range of exploitation to reach their destination.” The UN expert highlighted UNICEF figures suggesting that 300,000 children were involved in more than 30 armed conflicts worldwide, with boys facing the highest risk of being recruited as combatants, and many girls suffering abduction, rape and sexual slavery. Ms. Giammarinaro also urged States to ensure that children were never detained. “The best interests of the child must be the primary concern” she said. “As a consequence, the detention of children must be banned at all times, as it is never in the best interests of the child.”
Breastfeeding is a human rights issue for babies and mothers and should be protected and promoted for the benefit of both, a group of UN experts has stated. The SR on the right to health and food, the Working Group on discrimination against women, and the Committee on the Rights of the Child said States should take urgent action to stop the “misleading, aggressive and inappropriate” marketing of breastmilk substitutes. “These marketing practices often negatively affect the choices women make on how to feed their infants in the best way possible, and can impede both babies and mothers from enjoying the many health benefits of breastfeeding,” the experts said. The numbers of mothers breastfeeding remains stagnant, with only one in three of the world’s babies under six months old being exclusively breast-fed. The World Health Organisation estimates that the lives of more 820,000 children could be saved every year if all mothers followed its advice to start breastfeeding within an hour of birth, give only breast milk for the first six months, and continue breastfeeding until their children reach the age of two alongside appropriate complementary foods.
Having received numerous reports of the alarmingly high rate of teenage pregnancies during her visit to Argentina, the UN Special Rapporteur on violence against women encouraged the government to increase the budget for a national, comprehensive sex education programme. She recommended that sexual and reproductive rights education be included in the curricula of all schools throughout the country and that efforts to disseminate free of charge contraceptives be intensified. She expressed concerns about the fact that under the federal Criminal Procedure Code, no action to prosecute and punish rape, even in a case of a child victim, can be taken without private instance action by the victim. “This type of regulation sends the wrong message that rape and sexual violence are a private matter and not a public concern that requires ex officio prosecution”, she added. The SR also endorsed the recommendations of the Committee on the Elimination of All Forms of Discrimination against Women, calling for women to have access to safe legal abortion and post-abortion services and urging the government to define and apply strict justification requirements to prevent the blanket use of conscientious objection by doctors refusing to perform abortions, considering in particular the situation of early pregnancies as a result of rape and incest that may amount to torture.
SR on the human rights of migrants, François Crépeau, warned that Australia’s human rights record has been tarnished by migration policies which have eroded the rights of migrants, including children, often held in offshore detention centres in contravention of its international human rights and humanitarian obligations. The SR hailed several migration policies adopted by the authorities, such as the resettlement program granting humanitarian protection to a high number of refugees and assisting them in their integration process, as well as the welcoming of 12,000 refugees from Syria. However, he cautioned that several other migration policies and laws “are regressive and fall way behind international standards.” He added: “While Australia has the power to admit, deny entry or return migrants, it equally has an obligation to respect the human rights of all migrants in the process,” he said. “Australia must respect certain limitations, such as the principles of non-refoulement, of non-discrimination and of the best interest of the child,” he noted.
The SR on the right to food, Hilal Elver, warned that 10 percent of Paraguay’s seven million people face hunger and malnutrition despite a decade of impressive economic growth and its extensive food production. “Paraguay has struggled to address inequality… and important segments of society are still excluded from the country’s economic development and suffer from food insecurity.” According to the Food Security Index, around 10 percent of children under five currently suffer from stunting and 41.7 percent of indigenous children suffer from chronic malnutrition. Pregnant women are also particularly vulnerable to malnutrition, with nearly 27 percent of pregnant women being underweight, while 30 percent are overweight. The poor nutrition of mothers, in particular during pregnancy, has a direct impact on child development and survival. The SR also highlighted how pesticide exposure in Paraguay has a very dangerous impact on human health, with children and pregnant women being particularly vulnerable to their effects.
Fourteen reports from the Universal Periodic Review’s 25th session were adopted during the Human Rights Council’s 33nd session. CRIN is uploading children’s rights extracts of the reports.
Antigua and Barbuda was urged to prohibit corporal punishment of children in all settings; raise the age of criminal responsibility and build enough housing facilities so offenders under the age of 18 are housed separately from the general prison population.
Greece was urged to finalise the elaboration of the National Action Plan on the Rights of the Child and address, as a matter of priority, the issue of unaccompanied children; and to continue to reform its domestic child protection system in order to end institutional residential care and move towards a community based model.
Hungary was urged to take effective steps to end discrimination against the Roma population in education, health, employment, housing and access to services with a special focus on ending continued segregation of Roma children in schools; and to abandon the practice of corporal punishment of children and encourage non-violent forms of discipline.
Ireland was urged to establish a system providing children and their parents the real opportunity to choose from among religious, multi-denominational or non-denominational schooling and curricula; to adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum.
Saint Vincent and the Grenadines was urged to establish a Juvenile Rehabilitation Centre to ensure detention separate from adults and the safety of juvenile offenders while in detention and to equip them to be productive citizens on release into society; to strengthen health education and family life programmes, such as education on appropriate sexual and reproductive health for every age, and access to sexual and reproductive health, including contraceptive methods; and to increase the minimum age of marriage to 18.
Samoa was urged to take active steps to further promote children’s rights by spreading awareness about domestic violence and child labour; to strengthen measures to combat child abuse; and to step up efforts to promote sexual education, particularly oriented towards adolescents, paying special attention to the prevention of early pregnancy and to the control of sexually transmitted diseases and HIV/AIDS.
Sudan was urged to adopt a legislation that prohibits child, early and forced marriage as well as to ensure the eradication of harmful traditional practices such as female genital mutilation; take concrete and prompt measures to implement the Action Plan for the protection of children in armed conflict and to end and prevent the recruitment of children into the armed forces.
Suriname was urged to strengthen early detection and counsel for victims of child sexual abuse; adopt legal reforms and policy measures to guarantee the prohibition of all forms of violence against children, including corporal punishment both in the private and the public sphere; and adopt a new national action plan for the eradication of child labour and ensure its effective implementation.
Swaziland was urged to adopt measures to prevent and eliminate all abuses of sexual violence against girls and women and ensure that perpetrators are adequately punished; to ensure the functioning juvenile justice system throughout the country and raise the age of criminal responsibility that comply with the acceptable international standards.
Trinidad and Tobago was urged to strengthen efforts to prevent and eradicate forced marriage of children and adolescents; strengthen and expand policies, protections and programmes addressing gender-based violence and sexual exploitation of children; and ensure proper investigation of child abuse.
Papua New Guinea was urged to create social programmes to assist children engaged in the worst forms of child labour, particularly in commercial sexual exploitation; to repeal remaining laws and regulations that discriminate against women and girls or amend them in line with international human rights standards.
Tajikistan was urged to take definitive measures to end child marriages; to combat and eliminate the worst forms of child labour, raise the minimum age for hazardous work to 18; and to enforce the prohibition of all corporal punishment of children in all settings, including in the domestic sphere and in care settings.
Thailand was urged to adopt concrete measures to eradicate child labour, abuse and sexual exploitation of children, including its involvement in sexual tourism; to explicitly prohibit in law any form of corporal punishment or other cruel or degrading punishment of children in all settings.
The report of Tanzania will also be soon available on CRIN website.
The Human Rights Committee (CCPR) held its 118th session from 17 October to 4 November. It reviewed seven States’ compliance with the International Covenant on Civil and Political Rights.
Azerbaijan: The Committee expressed concern about reports of involuntary confinement in psychiatric institutions of adults and children with intellectual and/or psychosocial disabilities and of the forced institutionalisation of persons with a variety of disabilities, including children, without clear procedures for challenging such confinement and institutionalisation and without proper judicial review. The Committee was also concerned about the severe restrictions imposed on women and girls with a view to preserving the so-called “family honour”; cases of early marriage, especially in rural and mountainous regions, unregistered religious marriage (kabin) and temporary marriage (sighe) despite the legal prohibition of such practices.
Jamaica: The Committee expressed concern about the lack of access by girls below the age of 16 years to sexual and reproductive health information and services without parental consent, especially in the light of the high incidence of adolescent pregnancy and incest in the State party. The Committee was also concerned that the Sexual Offences Act (2009) reflects a narrow understanding of rape and only protects against marital rape in certain circumstances.
Poland: The Committee expressed concern about the high number of asylum seekers and migrants, including children, detained in centres that are guarded. The Committee stressed that the State party should ensure that children are not deprived of liberty except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests.
Republic of Moldova: The Committee was concerned that women and children continue to be trafficked for purposes of sexual exploitation and forced labour. It also recommended that the State party intensify its efforts to develop a comprehensive and effective juvenile justice system that takes into account the age, specific needs and vulnerability of children who come into conflict with the law and ensure that detention and incarceration is used only as a last resort and for the shortest period of time.
Slovakia: The Committee was concerned that Roma children continue to suffer from de facto segregation in the State party’s school system, being taught in Roma-only classes or attending classes in separate school pavilions, and often being provided with inferior education. It also expressed concern about reports of unaccompanied minors who have gone missing from foster homes and the inefficiency in locating them.
The Concluding Observations to Colombia and Morocco are not yet available in English.
The Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) held its 65th session from 24 October to 18 November. It reviewed eleven States’ compliance with the Convention on the Elimination of All Forms of Discrimination against Women:
Argentina: The Committee noted with concern the many girls in prostitution as well as the lack of effective prevention policies and measures to investigate, prosecute and convict all perpetrators involved in prostitution of girls. It also had concerns over the high number of girls dropping out from school due to early pregnancy and the limited implementation of the Sex Education Programme by the provinces.
Armenia: The Committee recommended that the State party ensure that the practice of sex-selective abortion is immediately halted through measures such as broader gender equitable policies and support for families with girls; it also expressed concern over the discrimination faced by women and girls with disabilities in the access to education, employment and health care, about their exclusion from public and social life, and from decision-making processes.
Bangladesh: The Committee was concerned about a new proposed amendment to the law on child marriages which includes a clause that allows the marriage of girls at the age of 16 with the consent of the parents or the court, thus legalising child marriage; it also noted with concern that marital rape is not criminalized in the State party unless the victim is a child bride below the age of 13 years.
Belarus: The Committee was concerned about the prevalence of discriminatory stereotypes and patriarchal attitudes regarding the roles and responsibilities of women and men in society and in the family; it recommended that the State party ensure, as a matter of priority, that school textbooks, curricula and teacher training materials are reviewed and revised to eliminate all discriminatory gender stereotypes.
Bhutan: The Committee was concerned that the State party remains a source and destination country of trafficking in persons, in particular women and girls, mainly for purposes of forced labour and sexual exploitation and at the lack of adequate shelters for women and girls who are victims of trafficking; it noted that girls, mostly from rural areas, are frequently subjected to exploitative domestic work.
Burundi: The Committee was particularly concerned over the increased violence and high levels of insecurity in the State party (...) which had contributed to an increase in serious acts of sexual and gender based violence committed against women and girls by the police, military and the ruling party’s youth league, Imbonerakure. It also expressed concern over the lack of a coordinated and effective response by the State party to the increasing number of women and girls being trafficked out of the country for purposes of domestic servitude and sexual slavery.
Canada: The Committee commended the State party’s decision in 2015 to establish a National Inquiry into Missing and Murdered Indigenous Women and Girls. However, it expressed concern over the insufficient measures taken to ensure that all cases of missing and murdered indigenous women are duly investigated and prosecuted.
Estonia: The Committee noted with concern that the State party continues to be a source, transit, and destination country for trafficking in women and girls for purposes of sexual exploitation and forced labour.
Honduras: The Committee was concerned that women have limited access to sexual and reproductive health in the State party and about the criminalisation of abortion without exceptions resulting in a high number of women and girls seeking unsafe abortion and increasing maternal mortality. It also expressed concern over provisions in the Family Code which continue to allow for child marriage of girls below the age of 16 years, and noted that such marriages have serious consequences for girls, including as regards their health and education.
Netherlands: The Committee was concerned that medically irreversible sex-assignment surgery and other treatments are performed on intersex children. It recommended that the State party develop and implement a rights-based health-care protocol for intersex children which ensures that children and their parents are properly informed of all options and that children are, to the greatest extent possible, involved in decision-making about medical interventions and that their choices are fully respected.
Switzerland: The Committee expressed concern over the insufficient support for intersex persons, who have undergone involuntary and medically unnecessary disfiguring surgical procedures when they were babies and children; it noted with concern that the pressure placed on parents of intersex children by medical professionals, the media and society at large, often forces them to give their consent for so called “medical procedures” justified by psychosocial indications; it added that intersex children and adults are often unaware of the procedures they have been subjected to while access to legal remedies for intersex persons affected by unnecessary medical procedures is extremely limited with the statute of limitations often expiring by the time intersex children reach adulthood.
The Committee on the Rights of Persons with Disabilities (CRPD) held its 16th session from 15 August to 2 September. It reviewed seven States’ compliance with the International Convention on the Rights of Persons with Disabilities:
Colombia: The Committee expressed concern that the sterilisation of persons with disabilities without their consent, and with the authorisation of a judge, was a legal practice, including for children with cognitive and psychosocial disabilities. The Committee was also concerned about the limited information available on the situation of children with disabilities, mainly those who have been institutionalised or who are living in poverty or in rural or remote areas.
Ethiopia: The Committee was concerned about the lack of specific legislation to address and ensure the protection of the rights of children with disabilities against abandonment, neglect, mistreatment and corporal punishment in all aspects of life. It also expressed deep concerns over the use of coercive measures, including physical restraint and seclusion, of adults and children with psychosocial and/or intellectual disabilities, and that corporal punishment is lawful at home.
Guatemala: The Committee was deeply concerned by the fact that persons with disabilities, especially women, children and indigenous peoples, are victims of customs, superstitions and practices that seriously violate their dignity, safety and other fundamental rights. The Committee also expressed concern over the high rate of maltreatment, abuse, corporal punishment, abandonment and institutionalisation of children with disabilities; at the prevalence of the welfare and charity-based approach to their care; and at the limited scope of specific measures taken on their behalf in rural areas and indigenous communities.
Italy: The Committee expressed concern over children being subjected to irreversible surgery for intersex variation and other medical treatments without their free and informed consent. The Committee was also concerned about the absence of data and indicators to monitor the quality of education and inclusion of students with disabilities in mainstream schools and classes; the quality of teachers’ education, including pre-service and in-service training on inclusive education; and the lack of implementation of laws, decrees and regulations on inclusive education.
United Arab Emirates: The Committee expressed concern over the fact that corporal punishment remains lawful in alternative care settings, at home, in day care establishments and as a sentence for committing a crime and that it is not explicitly prohibited in private schools; and the fact that parents have the right to “chastise” their children, including children with disabilities. The Committee was also concerned about the multiple forms of discrimination that women and girls with disabilities experience in the State party, including in relation to the loss of personal status and rights within the family as set out in the law on personal status and the Penal Code, and the lack of measures taken to address the issue.
The Committee’s concluding observations for Bolivia and Uruguay are not yet available in English.
Call for Inputs for the report of the UN High Commissioner for Human Rights on "Addressing the impact of multiple and intersecting forms of discrimination and violence in the context of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of all rights by women and girls": Deadline 12 December 2016
Human rights Committee: 6 February 2017 for the review of Bangladesh, Bosnia and Herzegovina, Italy, Thailand, Turkmenistan, and Serbia.
Committee for the Protection of all Persons from Enforced disappearance: 13 February for the review of Cuba, Ecuador and Senegal.
Call for Inputs for the report of the UN High Commissioner for Human Rights on the issue of civil society space: Deadline 1 May 2017.
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Closing
Mandate on sexual orientation challenged
The authority of the Human Rights Council was challenged this month during the UN General Assembly (GA), where a group of African States, led by Botswana, presented a hostile resolution to block the mandate of the newly established Independent Experton violence and discrimination based on sexual orientation and gender identity (SOGI). In response, nearly 800 organisations signed an open letter urging Member States not to vote in favour of such a resolution. The Third Committee of the GA rejected this attempt achieving an important victory for lesbian, gay, bisexual, transgender and intersex (LGBTI) rights. But this decision also encompasses the recognition of the Human Rights Council’s independence and prerogatives. Indeed, a vote in favour of the African group’s resolution would have had a detrimental impact on the wider work of the Human Rights Council and would have weakened the human rights system as a whole, as a Committee of UN human rights specialists stated before the General Assembly’s decision.
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