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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 34th 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:
The panel discussion on climate change and the rights of the child
Day one round-up - annual day on the rights of the child [6 March 2016]
Day two round-up [7 March 2016]
Day three round-up [8 March 2016]
Day four round-up [9 March 2016]
The Human Rights Council (HRC) concluded its 34th session on 24 March, after adopting 41 resolutions, as well as the outcomes of the Universal Periodic Review of 11 States for which the extracts relevant to children’s rights will be soon available on CRIN’s website.
Following this year’s discussion on “the protection of the rights of the child in the implementation of the 2030 Agenda for Sustainable Development”, the Council adopted a resolution calling on States to promote, protect, respect and fulfil the rights of the child and to mainstream them into all legislation, policies, programmes and budgets aimed at implementing the 2030 Agenda for Sustainable Development. It also encourages States to promote a child rights-based approach in the implementation of the 2030 Agenda, including through funding, the meaningful participation and active consultation of children.
As underlined by Iceland, speaking on behalf of a group of countries, the resolution lists some sobering facts, including that the risk of maternal mortality is highest for teenage girls under 15 years of age and that more than 720 million girls and women who are alive today were married while they were children. “Yet the same resolution was silent on the fundamental importance of sexual and reproductive health and rights as a priority to address these challenges”, stressed Iceland’s representative. The resolution also failed to mention “the necessity to educate and empower children through comprehensive sexuality education that could enable them to make decisions about their sexuality, health and lives”, regretted the same representative, adding in conclusion that “Iceland was committed to finding a long-term solution with all partners to advancing this important issue”.
In a joint submission to the Council, a group of NGOs also regretted that the resolution failed to incorporate the right to be heard, the right to participate, adolescents’ rights to sexual and reproductive health, and the principle of evolving capacities. “Moreover, the resolution neglects the particular needs of children with disabilities and LGBTI children and does not recognise that family environments are often sites of violence, especially for girls”, said the submission.
The resolution includes the decision by the HRC to focus next year’s annual day on the rights of the child on “Protecting the rights of the child in humanitarian situations” and requests the OHCHR to prepare a report on that issue. It also decided to extend the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography for a period of three years, renaming the mandate to ‘Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material”.
The Council adopted a resolution on birth registration and the right of everyone to be recognised everywhere as a person before the law. Expressing deep concern at the fact that, despite ongoing efforts to increase the global rate of birth registration, nearly a quarter of children under 5 have not been registered, the resolution calls on States to establish or strengthen existing institutions at all levels responsible for birth registration and consider the development of comprehensive civil registration systems, and the preservation and security of such records, and to ensure adequate training for registration officers.
In a resolution on human rights and the environment, the Council recognised the impact of climate change on the enjoyment of all human rights, the unsustainable management and use of natural resources, the unsound management of chemicals and waste and the resulting loss of biodiversity. It urged States to adopt and implement strong laws ensuring, among other things, the rights to participation, to access information, to justice, to an effective remedy in the field of the environment, and to facilitate public awareness and participation in environmental decision-making. It especially encouraged States to explore ways to incorporate, in school curricula, information on human rights and the environment, including climate change, biodiversity and ecosystem services.
Addressing the human rights of migrants in the context of large movements during an enhanced interactive dialogue, the HRC heard Peggy Hicks, from the OHCHR, speaking on behalf of the High Commissioner for Human Rights. She stressed that “respecting human rights throughout the migration cycle was not only a legal requirement, but it was also the smart thing to do” as “excluding migrants from health, education and political systems or putting them into arbitrary detention ultimately increased the costs for transit and host countries”. Marta Santos Pais, Special Representative of the Secretary-General on Violence against Children, highlighted in particular that the world had witnessed over the past years growing numbers of displaced children and adolescents – alone or with their families. She stressed the special vulnerability of those children who had experienced horrific scenes, who were forced to take part in criminal activities and often perceived as intruders rather than victims at risk as they crossed borders in the search of a safe destination. She welcomed the set of principles and guidelines on the human rights protection of migrants in vulnerable situations within large and/or mixed movements (Set of principles A/HRC/34/CRP.1 available on OHCHR website). “Such guidelines built upon international good practice to assist States in developing, strengthening, implementing and monitoring measures to protect migrants in vulnerable situations, including children” she said.
This panel discussion was aimed at contributing to the integration of human rights within the follow-up to the United Nations Summit for Refugees and Migrants which took place last September, and to the process of developing a Global Compact on safe, regular and orderly migration.
The HRC also decided to extend the mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression as well as the mandate of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment for a further period of three years. The mandate of the Special Rapporteur on the human rights of migrants will also be extended for a period of three years, effective from the end of the 35th session of the Council.
New mandate holders have also been appointed, including Saad Alfarargi, from Egypt, as the Special Rapporteur on the right to development (new mandate) and Annalisa Ciampi, from Italy, as the new Special Rapporteur on the rights to freedom of peaceful assembly and of association.
The HRC decided to dispatch urgently an independent international fact-finding mission to establish the facts and circumstances of the alleged recent human rights violations by military and security forces, and abuses, in Myanmar, in particular in Rakhine State.
The Council also extended the mandates of the Special Rapporteurs on the situation of human rights in Iran, Myanmar, the Democratic People’s Republic of Korea and South Sudan for a further period of one year.
The HRC also heard the presentation of the report of the first session of the Forum on Human Rights, Democracy and the Rule of Law which was held in Geneva in November 2016 under the theme “Widening the democratic space: the role of youth in public decision-making”. More than 600 participants attended the Forum, including representatives of Member States, United Nations bodies and specialised agencies, regional and intergovernmental organisations, national human rights institutions and non-governmental organisations, including youth advocates and representatives of youth organisations from all regions. One of the four thematic areas related to youth participation that was addressed during the Forum was about “creating an enabling environment for the effective participation of youth in public decision-making”. During the debate, Ms. Oviedo, member of the Committee on the rights of the child, noted “the generalised lack of political will for the creation of mechanisms for the sustainable, effective and meaningful participation of youth in all decisions in which they had a direct interest”. She also regretted “that existing consultative mechanisms did not ensure that the views of youth were systematically and effectively taken into account in law - and policy - making as well as in accountability processes.
In its submission to the Forum, CRIN highlighted that the fact that children were excluded from political processes, including the vote, was a major reason why their rights continued to be unfulfilled and argued that there was no protective reason for depriving children of the right to vote.
The theme of the second session of the Forum, to be held in 2018, will be “Parliaments as promoters of human rights, democracy and the rule of law.”
New UN Secretary-General António Guterres has outlined the organisation’s latest approach to tackling sexual exploitation and abuse by peacekeepers in his latest annual report on the issue. The new strategy focuses on four areas of action: putting victims first, ending impunity, engaging civil society and external partners, and improving strategic communications for education and transparency. The report calls on the General Assembly to back financial penalties for the failure to investigate allegations, to conclude investigations "in a timely manner", and to put penalty money into the currently underfunded Trust Fund for victims. UN envoys will be appointed to the four peacekeeping operations with the most sexual violence allegations and a human rights expert will be appointed as an Assistant Secretary-General to serve as a UN-wide victim's rights advocate. Unfortunately, the report falls short in a number of other areas, failing to address the need for criminal prosecutions rather than administrative penalties against those found guilty, and relying on voluntary, non-binding recommendations to States.
For more information on the issue, see CRIN’s advocacy guide on sexual violence by peacekeepers.
The General Assembly also adopted a new resolution committing to the UN’s zero-tolerance policy on sexual exploitation and abuse and stressing the importance of States holding perpetrators accountable. The resolution calls on States deploying peacekeepers to take appropriate steps to investigate allegations and urges all forces to take adequate measures to prevent, and combat impunity for, sexual abuse and exploitation by their personnel. Though the resolution was proposed by a number of States who contribute large numbers of troops to peacekeeping missions, other troop-contributing countries highlighted that the resolution could have been far stronger. Brazil believed it should have had a greater focus on prevention, the Philippines wanted more attention on the protection of children, while Ethiopia underlined the need to review and standardise procedures for verifying allegations prior to public reporting. However, the process of achieving consensus on the resolution was also criticised by the EU, Australia, Canada, Switzerland, among others, who questioned the rushed negotiating process and noted that a much stronger, more effective resolution could have been achieved.
EU countries were urged by a group of UN experts to explore alternatives to increased detention and swift returns to uphold the human rights of migrants as the Commission was preparing to adopt a new recommendation on return procedures. “The European Commission’s recommendation provides guidance to Member States on how to step up return rates which waters down safeguards and rights that should be guaranteed to all migrants”, stressed the group of experts which included the Chair of the Committee on the Rights of the Child, Benyam Dawit Mezmur. “The return policy also encourages EU countries to increase the use and length of detention of migrants, including of children” they added. In particular, they highlighted that “placing children in detention on the basis of their or of their parents’ immigration status is never in the best interests of the child and constitutes a violation of the rights of the child.” “Undertaking “swift returns” of children with reduced procedural safeguards will put children’s lives at risk. EU Member States must ensure the best interests of the child as a primary consideration during all stages of the migratory process” the experts warned.
Earlier in the month, the UN refugee agency (UNHCR) also voiced deep concerns at a new Hungarian law that could lead to mandatory detention of all asylum-seekers, including many children, for the entire length of the asylum procedure. The excessive use of detention was also denounced by the UN Subcommittee on the Prevention of Torture (SPT) after its visit to the country. Recommendations to the government will be included in its confidential report.
Two different UN reports also highlighted how the increased border restrictions and lack of accessible legal ways to reach Europe made the journeys of children and their families very dangerous. In the first report, “Diversified and Dangerous Journeys”, from UNHCR, the agency stressed that children making this journey were especially vulnerable, and that the number of unaccompanied and separated children arriving was increasing. The second, “A Deadly Journey for Children: The Central Mediterranean Migrant Route”, from UNICEF, warned the international community that migrant children and women were suffering sexual violence, exploitation, abuse and detention along their route from North Africa to Europe.
Read more here.
A new report of the UN Secretary General documents the grave violations that children are subjected to in Sudan’s conflict. The report, presented by Leila Zerrougui, Special Representative of the Secretary-General for children and armed conflict, reveals that, despite the decrease in recruitment and use of children, children are still victims of killing and maiming, sexual violence and attacks on schools and hospitals. According to the report, between March 2011 and December 2016, nearly 1,300 children were either killed or maimed in conflict as a result of hostilities between the government and the armed groups, with the majority of the casualties taking place in Darfur. Rape and sexual violence were also a major concern in Darfur, where the UN confirmed there were at least 372 child victims.
On the occasion of the World Water day, on 22 March, UNICEF launched a new report “Thirsting for a Future: Water and children in a changing climate”, in which the organisation explores the threats to children's lives and wellbeing caused by depleted sources of safe water and the ways climate change will intensify these risks in the coming years.
Earlier in the month, the World Health Organisation (WHO) highlighted in two new reports the impact of environmental pollution on children health. The first report “Inheriting a Sustainable World: Atlas on Children’s Health and the Environment” revealed that each year, 1.7 million deaths of children under five are linked to the environment. "A polluted environment is a deadly one – particularly for young children," said Dr Margaret Chan, WHO Director-General presenting the report. "Their developing organs and immune systems, and smaller bodies and airways, make them especially vulnerable to dirty air and water." However, the report emphasised that a large portion of the most common causes of death – diarrhoea, malaria and pneumonia – are preventable by interventions known to reduce environmental risks, such as access to safe water and clean cooking fuels. In the second report “Don’t pollute my future! The impact of the environment on children’s health”, WHO recommended, among other actions, to reduce air pollution, to improve safe water and sanitation, and to protect pregnant women and build safer environments.
The first country visit of the Independent Expert (IE) on protection against violence and discrimination based on sexual orientation and gender identity (SOGI) took place in Argentina earlier this month. The IE, Vitit Muntarbhorn highlighted a number of progressive laws and policies which help to protect people from violence and discrimination based on SOGI. However, despite positive federal legislation, the IE noted that the implementation, enforcement, and violence and discrimination remain major concerns in a variety of regions in Argentina. Killings, assaults, harassment and other transgressions continue to take a major toll among transgender women, in particular. In his recommendations, the IE recommended broadening the understanding of sexual and gender diversity by implementing more systematically the “Comprehensive Sexual Education Law”, and improving training and teaching for teachers and students. He also recommended that a study be undertaken looking into how children are impacted by violence and discrimination based on SOGI at the federal-provincial level. This should include LGBTI children, children of LGBTI parents, adopted children, and children related to assisted reproduction and other services based on SOGI.
At a high-level side event at the Commission on the Status of Women, the Special Rapporteur (SR) on trafficking in persons, especially women and children, Maria Grazia Giammarinaro made a strong statement on the steps needed to better protect children in transit and destination countries. She noted the urgent need to improve the identification of victims of trafficking especially child victims in hotspots and reception centres. Secondly, she stated that children’s administrative detention – which continues to be commonly used - should be banned at all times, as it is never in the best interest of the child, explaining that it is a source of severe re-traumatisation and secondary victimisation. She also noted that child victims of trafficking must not be prosecuted or detained for illicit activities they have been involved in as a direct consequence of their situation as trafficked persons. The SR also highlighted that particular attention should be paid to girls and their empowerment, as girls are disproportionately victimised in forced sexual exploitation, domestic servitude, bearing in a systematic way sexual violence and abuse in addition to labour exploitation.
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The Special Rapporteur on adequate housing will visit Chile from 20 to 28 April
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The Special Rapporteur on the human right to safe drinking water and sanitation will visit Mexico from 2 to 11 May
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The Special Rapporteur on human rights and toxics will visit Peru from 2 to 16 May
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Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material will visit Dominican Republic from 8 to 15 May
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The Working group on arbitrary detention will visit Argentina from 8 to 18 May
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The Committee on the elimination of discrimination against women (CEDAW) held its 66th session during February and March reviewing the reports of eight countries on their compliance with the Convention on the elimination of all forms of discrimination against women:
El Salvador: the committee was alarmed at reports of sexual exploitation of young women and girls by criminal gangs under threats of homicide against them and their families and remained concerned at the absence of a strategy for protecting women and girls from trafficking and sexual exploitation and to reintegrate victims. The Committee also expressed concerns at reports of gangs using schools as place of forcible recruitment and of parents preventing girls from attending school in order to protect them from such violence.
Germany: The Committee was concerned at the lack of clear legislative provisions prohibiting unnecessary medical procedures to be performed on infants and children with indeterminate sex until they reach an age when they are able to provide their free, prior and informed consent. The Committee also expressed concerns over the low rates of prosecution and conviction in cases of trafficking in women and girls and recommended that the State develop awareness raising programmes for the police and social workers (...) and investigate, prosecute and adequately punish all cases of trafficking in persons, especially women and girls.
Ireland: the Committee was concerned that medically irreversible and unnecessary sex-assignment surgery and other treatments were reportedly performed on intersex children and recommended that the State party ensure 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.
Jordan: Noting the information concerning the ongoing legal reform carried out in the State party, the Committee remained concerned about the continued existence of articles 97 to 99, 308 and 340 of the Penal Code, which exempt rapists from criminal liability if they marry the victim for at least five years, and provide for reduced sentences in certain circumstances for perpetrators of crimes committed in the name of so-called “honour”. It also expressed concerns about the harsh conditions and high risk of physical and sexual abuse faced by many girls engaged as domestic workers.
Micronesia: The Committee expressed concerns over the high number of teenage pregnancies in the State party resulting in school dropout and expulsion of pregnant girls from private schools. It was also concerned about the absence of information on age-appropriate sexual and reproductive health education in school curricula at all levels and recommended that the State party ensure women’s and girls’ access to accurate information relating to sexual and reproductive health and rights, including responsible sexual behaviour, prevention of teenage pregnancies and sexually transmitted diseases and access to affordable modern contraceptives.
Rwanda: The Committee was concerned about insufficient prevention efforts, as demonstrated by the reported increase of trafficking in adolescent girls for purposes of sexual slavery under the pretext of offering them opportunities for studying or working abroad. Welcoming the measures taken to reduce child labour, including domestic work, the Committee remained concerned that many girls in poverty continue to be exploited as domestic workers, where they are frequently subjected to precarious conditions, labour exploitation, sexual abuse, violence and harassment.
Sri Lanka: The Committee was concerned about persisting barriers to women’s access to justice, including social and cultural stigma, which deter women and girl victims from reporting sexual and gender-based violence, as well as fear of reprisal. The Committee also expressed its concerns that [the law] does not specify a minimum age of marriage, that girls under 12 years of age are permitted to marry; and that the law on statutory rape is not applicable to girls under 16 years of age who are legally married under Islamic law.
Ukraine: Concerning conflict-related sexual violence, the Committee urged the State party to ensure women’s and girls’ access to justice and adopt gender-sensitive procedures to investigate sexual violence. It also expressed concerns at the persistence of negative and patriarchal stereotypes of women and girls in the school system, curricula and textbooks; and at the high dropout rates among girls belonging to the Roma community.
Call for inputs for the report of the Special Rapporteur on human rights to water and sanitation: Deadline 7 April 2017
Call for inputs for the Secretary-General's Report on the "Role of national human rights institutions in the promotion and protection of human rights": Deadline 24 April 2017
Call for inputs for the Report of High Commissioner on "Civil society space in multilateral institutions": Deadline 1 May 2017
Call for inputs for the Report on access to justice in the context of article 13 of the Convention on the rights of persons with disabilities: Deadline 1 May 2017
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Closing
No more US fundings for the UN on family planning, maternal and child health
The United States state department has said it is ending US funding for the UN population fund (UNFPA), the UN agency focused on family planning, maternal and child health in more than 150 countries. In a statement on its website, UNFPA said it regretted the US decision to end funding, which it said was based on an “erroneous claim” that it supports coercive abortion or involuntary sterilisation in China. UNFPA said its mission was “to ensure that every pregnancy is wanted, every childbirth is safe and every young person’s potential is fulfilled”. The US was the fourth-largest voluntary donor to UNFPA in 2015, giving $75m in core budget and earmarked contributions.
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