CRINMAIL 101:
June at the UN
In this issue:
To read this CRINmail online, click here.
Introduction
Both the Human Rights Council (HRC) and the Committee on the Rights of the Child (CRC) hold June sessions, making it a pretty busy month. Discussions on Syria dominated the HRC’s 23rd session, with a report from the Commission of Inquiry highlighting the scale of children’s rights violations. The CRC published a new General Comment on the best interests of the child, and released Concluding Observations on six States at the close of its 63rd session. Key themes included: juvenile justice, the right to be heard, harmful practices and corporal punishment.
The month also saw Albania and Spain ratify the Optional Protocol to the Convention on the Rights of the Child on a complaints mechanism. Now only four more ratifications are required for it to enter into force!
We hope you enjoy this month’s edition of Children’s Rights at the UN. You can look up previous editions here, as well as sign up to receive other CRINmails. As always, if you’ve got any feedback please email just [email protected].
Issues on the agenda:
1. Round up of the Committee on the Rights of the Child (CRC) 63rd session
News outlets around the world reported on the Committee’s strong criticism of Israel’s reported torture and ill-treatment of Palestinian children. But this wasn’t the only noteworthy outcome of a session in which Armenia, Guinea-Bissau, Rwanda, Slovenia and Uzbekistan also had their children’s rights record examined. Below is a brief snapshot. You can find more, including full text of the CRC’s Concluding Observations and NGO alternative reports, on our website.
Right to be heard and freedom of expression
These rights are so interlinked - how can you be heard if you can’t freely express yourself? So we were pleased to see the Committee pay attention to both. For Guinea-Bissau, Rwanda and Uzbekistan, the Committee expressed concern that traditional attitudes sometimes limit respect for children’s views and their ability to express themselves within the family, schools and other institutions. The Committee further criticised Uzbekistan for a law that explicitly says children’s freedom to have and express opinions may be limited, and for rules from the Ministry of Higher and Special Secondary Education prohibiting students from publishing materials which do not “correspond to national values”.
Linking back to the Human Rights Council’s Annual Day on the Rights of the Child on the right to health in March, the Committee also expressed concern that in Armenia consent to medical intervention for children under 18 is given only by the child’s representative, and not by children themselves.
Harmful practices - male circumcision; ritual murders
It is not often that male circumcision is considered a children’s rights issue. So it’s very interesting that the Committee referred to it in its Concluding Observations on Israel, expressing concern about reported short and long-term implications around some traditional forms of the practice, recommending Israel undertake a study looking into the complications.
The International NGO Council on Violence Against Children includes non-therapeutic male circumcision performed on children within its report on harmful practices based on tradition, culture, religion or superstition. You can download the report which is available in Arabic, English, French, Russian and Spanish.
The Committee also noted with “deep concern” reported ritual murders of children accused of witchcraft in Guinea-Bissau, including albinos, disabled children and twins. Interestingly, for the first time the Human Rights Council (HRC) during its recent 23rd session adopted a resolution urging States to protect people with albinism. The Office of the United Nations High Commission for Human Rights (OHCHR) will submit a report during the HRC’s next session in September, and is calling for contributions from civil society.
Children in conflict with the law
Juvenile justice was a key thread running through the 63rd session, and the Committee was highly critical of most countries examined. Israel was heavily criticised, with the Committee expressing “deep concern” over the arbitrary arrest and detention of Palestinian children as young as 12 for throwing stones - an offence carrying a penalty of 20 years in jail - and other alleged security reasons. The CRC’s Concluding Observations details the torture and degrading treatment - including the use of leg chains and shackles - that some detained Palestinian children endure.
The Committee also criticised Armenia for subjecting children to lengthy pre-trial detention and the inhuman treatment of five to 10 days solitary confinement as punishment. The Committee recommended Slovenia and Uzbekistan promote alternative and non-judicial resolutions for child offenders, ensuring that deprivation of liberty is used only as a last resort. Rwanda was urged to establish independent children’s courts, as the current ‘special chamber’ operates on an ad hoc basis and lacks judges and lawyers specialising in children’s rights and juvenile justice.
Corporal punishment
The CRC was “gravely concerned” that corporal punishment is still considered appropriate and is widespread across all settings in Rwanda. Perhaps most worryingly, the CRC noted that parents have a “right of correction” in Rwanda’s Civil Code, recommending the Government immediately repeal it. The CRC noted that in Guinea-Bissau corporal punishment remains lawful in the home and in alternative care settings, while in Slovenia it is not explicitly prohibited in all alternative care settings. Both States were asked to consider enacting legislation banning it completely.
New CRC General Comment - best interests of the child
The CRC published its General Comment No.14 late last month on the right of the child to have his or her best interests paramount when adults make decisions concerning them. The General Comment was adopted during the Committee's 62nd session earlier in the year. It provides a literal analysis of Article 3 of the Convention on the Rights of the Child and aims to “promote a real change in attitudes leading to the full respect of children as rights holders.”
CRIN recently published a report that draws out trends in the way the Convention has been used by judicial decision-makers and to paint a clearer picture of how claims involving the CRC have fared in the courtroom. The aim is to highlight important decisions from across the globe that cite, quote and discuss the Convention. Unsurprisingly, we found that the best interests of the child (article 3) in particular was by far the most cited of the Convention rights. Read our analysis, or search the CRC in Court database here.
Complaints mechanism update
Albania and Spain have become the fifth and sixth states to ratify the third Optional Protocol to the Convention on the Rights of the Child (OP3), which establishes an international complaints mechanism for the Committee on the Rights of the Child. They now join the ranks of Thailand, Gabon, Bolivia and Germany. Currently the CRC is the only UN human rights treaty without an active mechanism for seeking justice and remedies for rights violations. Thirty-four more States have signed OP3, but we are still four ratifications away from the mechanism’s entry into force. Slovakia and Montenegro have both committed to ratifying in 2013. Visit the website of the International Coalition for the ratification of the complaints mechanism.
2. Syria - “New levels of brutality”
The Human Rights Council (HRC) held an urgent debate on the “colossal failure” to protect civilians and human rights in Syria during its 23rd session (27 May - 14 June). During the debate, which took place on 29 May, Navi Pillay, UN High Commission for Human Rights, said: “Day after day, children, women and men suffer the brutality of unbridled violence and gross human rights violations by all parties. This Council should send a clear message to all parties to the conflict: the conflict must cease with an immediate cease-fire.”
A new report from the Independent Commission on Syria, also presented during the latest HRC session, found that children continue to suffer gross violations of their human rights because of the conflict - including death and injury. Read CRIN’s news story in English and Arabic. You can also read coverage of the presentation by the Chair of the Commission, Paulo Pinheiro.
Nine more perpetrators have been added to the Security Council’s “list of shame” of the worst violators of children’s rights in armed conflict, including the Free Syrian Army and M23 groups in the Democratic Republic of Congo. See our latest Children in Armed Conflict CRINmail for more.
3. Mixed news for human rights defenders
A strong social pressure to succeed has allowed for strict school rules in South Korea, including corporal punishment. The Independent Expert on human rights defenders, Margaret Sekaggya, revealed her concern over student human rights defenders in South Korea in a statement following her June visit to the country. She said: “Those young activists who dare to publicly denounce such practices face challenges, including disciplinary actions, fines, discrimination, verbal abuse and ostracism.” Ms Sekaggya will present her report to the Human Rights Council (HRC) in March 2014.
In more positive news, the International Service for Human Rights (ISHR) welcomed a record number of resolutions from the latest HRC session which include the protection of rights defenders. Resolutions on discrimination against women, violence against women, migrant rights, the independence of the judiciary, and several country resolutions all included human rights defenders. This progress builds on the landmark resolution adopted by the HRC in March. The ISHR, with the Human Rights Law Centre, has also produced a Guide for Human Rights Defenders on Domestic Implementation of UN Human Rights Recommendations.
We were also pleased to see that for the first time ever LGBTI rights NGOs have gained ECOSOC status, which gives them access to the UN, including the ability to make statements and submit reports. The organisations are the Austrian based Homosexuelle Initiative Wien (HOSI-Wien) and the Australian Lesbian Medical Association (ALMA). Recognition of LGBTI rights still have a long way to go, but it is terrific to see positive moves from the UN.
4. Treaty body reform - at a critical juncture!
After a long drawn-out period beginning in 2009, the intergovernmental process on treaty body strengthening in the General Assembly appears to be reaching a critical juncture. A draft resolution tabled by the co-facilitators (Iceland and Indonesia) is currently being negotiated through a series of informal meetings.
However, several obstacles stand in the way. Most notably, the majority of States are in opposition to the High Commissioner for Human Rights’ 'master calendar' proposal for five year cycles. In her 2012 report, she proposed a series of measures to establish a more efficient framework:
- A significant increase in resources (the treaty body system has doubled in size since 2000)
- Harmonising reporting to all treaty bodies around a single five year cycle - currently treaty bodies vary in their reporting schedules - with no State submitting more than two reports each year
- Strict scheduling of State reviews will prevent delay or deferral through failure to submit reports.
In response, the co-facilitators proposed a modified version of the High Commissioner's framework, though States have yet to publicly respond.
In light of this, and with summer approaching, it remains to be seen if any outcomes will be achieved or whether the process will be extended yet again. Read the International Service for Human Rights’ (ISHR) update for more.
5. Controversy at the Universal Periodic Review (UPR)
After Israel boycotted its UPR back in January, the mechanism took a further blow when Russia tried to remove two recommendations from Georgia by adding them as footnotes in the report rather than as official recommendations. In response, UPR Info delivered a statement, signed by 77 NGOs including CRIN, calling on the Human Rights Council to take action to prevent such moves.
Human Rights Council 23rd session - UPR reports adopted
Fourteen states had their reports adopted. As soon as the reports are published, we will be adding all the accepted and rejected children’s rights recommendations to our extract reports. In the meantime, click on the links below to read our children’s rights extracts of the pre-review reports.
In the debate on the UPR in the Council, there was consensus among participants that parliaments can make vital contributions to the mechanism. A number of speakers highlighted the way parliaments shape and approve legislation, allocate budgetary resources and supervise implementation as key vehicles for the UPR’s success. CRIN’s “Guide to using the UPR” includes advice for civil society on how to engage with governments in the UPR.
Upcoming events and advocacy opportunities
Universal Periodic Review
The 17th session will take place from 21 October - 1 November 2013, with fourteen States - including China, Saudi Arabia and Senegal - set for review.
Your chance to participate!
Although the deadline for submitting reports has now passed, between 2 and 4 September UPR Info is organising pre-session meetings between civil society and Permanent Missions to discuss the human rights situation of countries to be reviewed at the session. Find out how you can participate here.
Monitoring implementation
States’ UPR mid-term progress reports are proving to be an important way for NGOs to monitor the implementation of recommendations. Over 30 governments have now voluntarily published reports outlining the steps they are taking to implement accepted recommendations. Below is an example from the Netherlands:
Brazil’s recommendation to the Netherlands: “Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment".
Response to recommendation by the Netherlands: “Documents concerning the approval of the Optional Protocol to the CAT were presented to the parliaments of the three countries of the Kingdom on 23 February 2009. After the Dutch House of Representatives approved the protocol, it was sent to the Senate this month.”
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Find out which States have submitted a mid-term report here.
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Eighty-nine States have committed to producing a report. More here.
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Find out which NGOs have submitted a report here.
CRIN compiles children’s rights extract reports from States mid-term reports. To view these, as well as all the upcoming deadlines for the UPR and further information, visit our main UPR page.
Special Procedures
- Selected upcoming visits
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Brazil - Special Rapporteur (SR) on water and sanitation (10 - 18 July 2013)
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Madagascar - SR on sale of children (15 - 26 July 2013)
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Panama - SR on indigenous people (22 - 29 July 2013)
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View the full list of 2013 visits
- Working Group (WG) on Business and Human Rights
Following visits to the United States and Mongolia, the WG is scheduled to visit Ghana from 19 - 27 July, and later in the year, Russia. To find out how you can contact the group, or make a submission to one of their general sessions, visit their webpage.
The Committee on the Rights of the Child is preparing for the first of a series of conferences on follow-up measures to implement its General Comment on Children and Business. Details of the conference in Peru, scheduled for August, will be available on the Committee’s webpage soon.
Resources:
Treaty bodies
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Turkey and the Philippines are among the States set to be examined during the 108th session of the Human Rights Committee (8 - 26 July, Geneva). Visit our session page here.
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The United Kingdom and Afghanistan will be among the States set to be reviewed during the 55th session of the Committee on the Elimination of Discrimination Against Women (8 - 26 July, Geneva) Visit our session page here.
Useful resources and contacts
Useful Resources
Contacts and Organisations
As always, you can keep up to date with all our coverage of children’s rights at the UN by clicking on the following links:
If you have any feedback on our new CRINMAIL, please write to us at [email protected].
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