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Our first edition of 2017 brings you the latest news on children's rights at the UN, including details of Human Rights Council elections, the publication of the Committee on the Rights of the Child's latest General Comment on adolescence as well as the establishment of an international mechanism to investigate war crimes and crimes against humanity in Syria. Also included are updates on upcoming UN events and treaty body sessions as well as news on the launch of the third cycle of the Universal Periodic Review.
The Human Rights Council (HRC) elected its new bureau for 2017, appointing Ambassador Joaquín Alexander Maza Martelli, Permanent Representative of El Salvador to the UN, to serve as its President for a term beginning on 1 January 2017. Together with his newly appointed vice-presidents, he will serve during the Council’s eleventh cycle from 1 January to 31 December.
With its 14 newly elected members serving for a period of three years starting on the January 1, the UN body for the promotion and the protection of all human rights around the globe, is now composed as follows:
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Group of African States: Botswana, Burundi, Congo, Côte d’Ivoire, Ethiopia, Ghana, Kenya, Nigeria, Rwanda, South Africa, Tunisia, Egypt and Togo
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Group of Asia-Pacific States: China, India, Indonesia, Iraq, Japan, Kyrgyzstan, Mongolia, Philippines, Qatar, Republic of Korea, Saudi Arabia, United Arab Emirates
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Group of Eastern European States: Albania, Croatia, Georgia, Hungary, Latvia, Slovenia
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Group of Latin American and Caribbean States: Bolivia, Brazil, Cuba, Ecuador, El Salvador, Panama, Paraguay, Venezuela
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Group of Western European and other States: Belgium, Germany, Netherlands, Portugal, Switzerland, United Kingdom of Great Britain and Northern Ireland, United States of America
In December the Committee on the Rights of the Child published a new General Comment (GC) on the rights of the child during adolescence. It analyses the implementation of the rights of the child during adolescence, highlighting that “the implementation of rights must take account of children’s development and their evolving capacities”. It notes that “generic policies designed for children or young people often fail to address adolescents in all their diversity and are inadequate to guarantee the realisation of their rights”. In particular, it urges States to introduce measures to guarantee adolescents the right to express views on all matters of concern to them, in accordance with their age and maturity, and ensure they are given due weight, for example, in decisions relating to education, health, sexuality, family life and judicial and administrative proceedings. In particular, the Committee considers in its new GC that “the voluntary and informed consent of the adolescent should be obtained whether or not the consent of a parent or guardian is required for any medical treatment or procedure”. It also emphasises that all adolescents, “irrespective of age”, have the right to have access to confidential medical counselling and advice without the consent of a parent or guardian.
It adds, however, that the right to exercise increasing levels of responsibility does not remove States’ obligations to guarantee protection, recalling that persons up to the age of 18 years are entitled to continuing protection from all forms of exploitation and abuse. In particular, the Committee “reaffirms that the minimum age limit should be 18 years for marriage, recruitment into the armed forces, involvement in hazardous or exploitative work and the purchase and consumption of alcohol and tobacco, in view of the degree of the associated risk and harm.”
“Children on the move” was the theme of the ninth annual UN Refugee Agency Dialogue on Protection Challenges, which took place in December 2016. Opening the event, UN High Commissioner for Refugees, Filippo Grandi, highlighted that children, who represent 51 percent of the total 21.3 million refugees around the world, are being exposed to criminal smugglers and traffickers. Particularly vulnerable to sexual and gender-based violence, they also miss out on years of education as a result of displacement and many of them end up in detention facilities, with a serious impact on their physical and mental health as well as their lifelong development, he explained. Grandi further called on States to put an end to the detention of children while their asylum request was being processed and called on all States to document all childbirths in their territory to prevent and reduce the risk of statelessness.
In a call to mark International Migrants Day on 18 December, a group of UN Human rights experts also said that governments should stop placing children and families in immigration detention. They recalled that “immigration detention is a clear child rights violation” and urged States to “prohibit it by law and cease the practice quickly and completely”. In particular, the Committee on the Rights of the Child held that under the Convention on the Rights of the Child, which has been ratified by 196 States, “States cannot justify detaining migrant children because they are unaccompanied or separated from their families”. It added that States cannot “justify detaining children on the basis that their parents need to be detained and that it is the only way to keep the family together”. The experts recalled that “immigration detention is never in the best interests of the child”, noting that “even short periods of detention have an adverse and long-lasting effect on a child’s development, on their physical and mental well-being, and might aggravate previous trauma experienced in the countries of origin or transit”.
The United Nations General Assembly (GA) has voted to establish an international panel to assist in the investigation and prosecution of those responsible for war crimes or crimes against humanity in the Syrian Arab Republic since March 2011. The “international, impartial and independent mechanism”, whose terms of references have yet to be prepared by the UN Secretary-General, will collect, consolidate, preserve and analyse evidence pertaining to violations and abuses of human rights and humanitarian law, in close collaboration with the Independent International Commission of Inquiry on Syria.
At the end of her visit to the US, Maria Grazia Giammarinaro, UN Special Rapporteur in Trafficking in Persons, especially Women and Children, noted that while the US had made efforts in combating trafficking among persons who are forced into sexual slavery, mechanisms were lacking among those who are trafficked for labour exploitation and domestic servitude. She stressed that women and girls, migrant workers and unaccompanied children, runaway youth, Native Americans, LGBTI individuals, and domestic workers were especially at risk. She urged the government to stop the practice of arresting persons – especially women, girls and LGBTI individuals– engaging in prostitution. “The fear of prosecution, detention, and expulsion is a major obstacle for trafficked persons who want to report their traffickers and exploiters,” she warned. She further highlighted that exemption from criminal liability was imperative for children and called for each state in the country to pass safe harbour laws to protect children who are sexually exploited from prosecution and detention. She also expressed deep concerns over the persisting practice of detaining children on immigration violations grounds. She underscored that the detention of child victims can never be in the “best interest of the child” and urged relevant authorities to take appropriate measures to ensure adequate protection of minors, including by banning administrative detention of children, in particular for violations of immigration laws and regulations.
On a visit to Croatia, the Special Rapporteur on the right to health, Dainius Pūras, expressed concern over measures preventing access to safe abortion and contraceptives, hindering age-appropriate comprehensive sexuality education, and subordinating women’s and children’s rights to the primacy of the family unit. “Sexual and reproductive health rights are human rights and retrogressive measures preventing their realisation may constitute violations under international human rights law,” Pūras said. During his country visit, the Special Rapporteur also assessed the realisation of the right to health of groups in situations of vulnerability, including people on the move, national minorities, children and older persons. “Urgent efforts are needed to vaccinate all children, to provide all pregnant women with regular medical care, irrespective of nationality or legal status, and to conduct initial medical check-ups upon arrival”, the expert said, noting the amendments to the Law on Asylum which has restricted health care of asylum seekers to emergency care.
The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mutuma Ruteere, has called on all Australians to strengthen efforts to end racism and xenophobia, expressing particular concern about the high rate of incarceration of juveniles from the indigenous communities and their treatment by the criminal justice system. She welcomed the establishment of a Royal Commission of inquiry into incarceration and detention of indigenous youths and look forward to its findings.
The Committee on the Elimination of all forms of Racial Discrimination (CERD) held its 91st session from 21 November to 9 December. It reviewed six States’ compliance with the Convention on the Elimination of All Forms of Racial Discrimination:
Italy: The Committee was particularly concerned about the continued practice of forced evictions of Roma, Sinti and Camminanti communities which had a particularly negative impact on children remaining in schools. It also expressed concern that people of African descent, including children in schools, continue to face discrimination in many forms, such as violence, hate speech, harassment and stigmatisation.
Portugal: The Committee was concerned that school textbooks may still portray discriminatory and stereotyped images of the Roma community and Africans/people of African descent; it requested the State party to adequately reflect in school curricula and textbooks its colonial past and the cultural heritage and history of groups protected under the Convention living in the State party and their contribution to the Portuguese society and culture.
Turkmenistan: The Committee expressed concerns at reports that education was provided primarily in Turkmen, especially in institutions of higher education, and that student and government employees must wear the Turkmen national dress regardless of their ethnicity. It welcomed the National Action Plan for Human Rights, which aims to create favourable conditions for children of ethnic minorities to learn their mother tongue, and recommended the State party to take the necessary measures to implement this plan, including through the establishment of schools and provision of textbooks in minority languages.
The Committee’s concluding observations for Argentina, Togo and Uruguay are not yet available in English.
The Committee against Torture (CAT) held its 59th session from 7 November to 7 December. It reviewed eight States’ compliance with the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment:
Armenia: The Committee reiterated its concern over the absence of a comprehensive juvenile justice system. It was further concerned about the limited educational rehabilitation programs, shortage of qualified officers specially trained to work with juveniles and about the continued use of solitary confinement as a disciplinary sanction for up to 10 days. The Committee was also concerned about reports of violence and ill-treatment of children in special schools and closed or partially closed institutions; it urged the State party to investigate such allegations and bring perpetrators to justice and to ensure access for specialised NGOs to these institutions to monitor conditions.
Cape Verde: In the absence of a report from the State party, the Committee expressed concern over allegations of police brutality against juveniles as a form of extra-judicial punishment. It was also concerned at the prevalence of violence against women and children, particularly in the domestic sphere in urban areas and in the poorest neighborhoods; and at the large number of children exploited in prostitution, engaged in begging, drug dealing or street vending, which make them vulnerable to human trafficking.
Finland: While taking note that the small number of juveniles in detention makes it difficult to build separate detention facilities for that purpose, the Committee was concerned that minors were held with adult prisoners in places of detention. The Committee also recommended that the State party ensure that all allegations of domestic violence, including sexual violence and violence against children, are registered by the police and are promptly, impartially and effectively investigated and the perpetrators prosecuted and punished.
Namibia: The Committee expressed concern over the high rate of child victims of sexual violence, including rape. It was concerned at the low rate of prosecutions, the lack of a mechanism for imposing immediate protection orders, and at information that cases of rape were being decided by customary courts that did not impose criminal liability and may not provide full compensation to victims. The Committee also remained concerned over the prevalence of harmful traditional practices against women and girls and the lack of investigations, prosecutions and criminal sanctions of perpetrators.
Sri Lanka: Recalling its previous recommendation with regard to the alleged sexual exploitation and abuse of minors by military members of the Sri Lankan contingents deployed in the UN Stabilization Mission in Haiti (MINUSTAH), the Committee remained concerned that only 23 out of more than 100 members accused were convicted. It urged the State party to ensure that those responsible for such acts are criminally punished in accordance with the seriousness of their acts and that victims receive redress, including just and adequate compensation, and as complete a rehabilitation as is possible.
The Committee’s concluding observations for Ecuador and Monaco are not yet available in English. The Committee did not mention violations of children’s rights during the review of Turkmenistan.
The Committee on Enforced Disappearances (CED) held its 11th session from 3 October to 14 October and reviewed two States’ compliance with the International Convention for the Protection of All Persons from Enforced Disappearance:
Bosnia and Herzegovina: The Committee was concerned about the lack of provisions that specifically penalise the actions relating to the wrongful removal of children referred to in article 25, paragraph 1, of the Convention [children subjected to enforced disappearance]. The Committee also noted with concern that the fate and whereabouts of 94 child victims of enforced disappearance in 1995 in Srebrenica had still to be ascertained.
The Committee’s Concluding observations for Colombia are not yet available in English.
The first Conference of the States parties to the International Convention for the Protection of All Persons from Enforced Disappearance took place in December 2016. On this occasion, the States parties decided to extend the mandate of the Committee.
The Committee on the Rights of the Child (CRC) will open its 74th session on January 16 to review the reports of nine countries on their compliance with the Convention on the Rights of the Child: Antigua and Barbuda, Barbados, Central African Republic, Democratic Republic of the Congo, Estonia, Georgia, Malawi, Saint Vincent and the Grenadines and Serbia.
During this session, the Committee will also review the implementation of the two Optional Protocols to the Convention, on the sale of children, child prostitution and child pornography (Democratic Republic of the Congo and Malawi) and on the involvement of children in armed conflict (Estonia and Malawi).
On the 1 March, nine new Committee members will take office, as the result of the election process that took place in June 2016.
The CRC will also continue its work in 2017 on a new General Comment on “children in street situations”. It is also developing a joint General Comment, together with the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, on “the human rights of children in the context of international migration”.
The third cycle of the Universal Periodic Review (UPR) will begin in 2017. The first session of this cycle (27th session) will be held from 1 to 12 May and will review the human rights records of 14 countries: Bahrain, Ecuador, Tunisia, Morocco, Indonesia, Finland, UK, India, Brazil, Philippines, Algeria, Poland, Netherlands and South Africa.
The theme of this year’s Human Rights Council’s annual day on the rights of the child in March will be: “Protection of the rights of the child in the implementation of the 2030 Agenda for Sustainable Development”. CRIN will report live from the event as usual and make sure all rights receive adequate attention.
The global study on children deprived of liberty, lead by Manfred Nowak as an independent expert, will pick up pace during 2017. The global study has been under discussion since the adoption of the UN General Assembly’s Child Rights resolution which explicitly requested its commission in December 2014 (A/RES/69/157 para.51.d). The Study will carry out research into the situation of children who have been deprived of liberty in all settings, whether as part of the criminal justice system, on national security grounds, because of drug use, their physical or mental health needs or their immigration status. The study will also make recommendations on how States can realise the rights of children who are deprived of their liberty.
The Office of the High Commissioner for Human Rights (OHCHR) will submit to the Human Rights Council’s 35th session (June 2017) a detailed analytical study on the relationship between climate change and the full and effective enjoyment of the rights of the child, as requested by the Council Resolution 32/33. See CRIN’s submission to the OHCHR.
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The Special Rapporteur on the situation of human rights defenders will visit Mexico from 16 to 24 January
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The Special Rapporteur on human rights and toxics will visit the UK from 16 to 27 January
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The Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights will visit Tunisia from 20 February to 1 March
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The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will visit Argentina from 1 to 10 March
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The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health will visit Indonesia from 22 March to 3 April
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The Special Rapporteur on the sale of children, child prostitution and child pornography will visit Bulgaria from 3 to 10 April
Committee on the Elimination of Discrimination against Women: 23 January for the review of El Salvador, Germany, Ireland, Jordan, Micronesia (Federated States of), Rwanda, Sri Lanka and Ukraine.
Committee on migrant workers: 13 March for the review of Bangladesh, Jamaica and Nigeria.
28th session of UPR: 30 March for the review of Czech Republic, Argentina, Gabon, Ghana, Peru, Guatemala, Benin, Republic of Korea, Switzerland, Pakistan, Zambia, Japan, Ukraine and Sri Lanka.
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Closing
Peace and gender parity
On his first day in office, the new UN Secretary general, António Guterres, has appealed to everyone to work towards peace, saying: “Peace must be our goal and our guide. All that we strive for as a human family – dignity and hope, progress and prosperity – depends on peace.”
The new UN Chief also appointed his core team members, naming 3 women at the top UN posts: Amina J. Mohammed of Nigeria as the UN deputy chief, Maria Luiza Ribeiro Viotti of Brazil as his Chef de Cabinet, and Ms. Kyung-wha Kang of the Republic of Korea to the freshly created role of Special Advisor on Policy.
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