CRINMAIL 102:
July at the UN
In this issue:
To view this CRINmail online, click here.
Introduction
As we pass the halfway point of 2013, we thought we would use this CRINmail to highlight some important future discussions and significant opportunities for children’s rights advocates. These include important discussions where you can get involved, and also opportunities to influence upcoming elections for key positions within the UN system.
September is a busy time at the UN, with both the Committee on the Rights of the Child and Human Rights Council sessions taking place in Geneva. Here we preview the agenda and how you can get involved.
But, as always, we draw attention to how the UN is - or is not - addressing children’s rights issues. This edition sees the Human Rights Committee criticised for its treatment of children in terms of juvenile justice.
Upcoming discussions / appointments - what you can do!
1) Access to justice
We are really pleased that the 2014 Human Rights Council’s (HRC) Annual Day on the Rights of the Child will be on access to justice for children. Children’s rights violations are rife all over the world, and it is so important that children can effectively access remedies (including compensation) for any abuse of their rights and that perpetrators are brought to justice. Children will soon have an international complaints mechanism whereby violations of their rights can be brought to the Committee on the Rights of the Child. But the fact that the Convention on the Rights of the Child is the last international human rights treaty to have such a mechanism illustrates that children’s right to access to justice is not taken as seriously as adults.
How you can participate
The Office of the High Commissioner for Human Rights (OHCHR) is putting together a report ahead of the day, and is asking civil society for contributions by the 10th of September. You can find more information here about how to submit information, including the topics the OHCHR is particularly looking for information on, which range from the existence of child-friendly justice procedures, barriers children face in accessing justice and effective remedies for children.
Why is it important?
It’s very important that NGOs with knowledge and expertise in access to justice for children contribute information. The report will be discussed during the HRC's 25th session in March 2014, and the more progressive the discussions are, the better the HRC resolution will be for children’s rights.
Keep updated
CRIN will be posting all news ahead of the discussion on our 25th session page, and will be reporting live from Geneva on the day itself. You can read about the 2013 Annual Day on the Rights of the Child, which focused on the right to health, here.
Further information
CRIN has a dedicated legal research programme where we look at access to justice for children, including a project looking at the legal status of the child and the Convention on the Rights of the Child (CRC) in every country in the world and a comprehensive and searchable database of court cases about children’s rights.
Indigenous children the focus of new UN study
A new study by the Expert Mechanism on the Rights of Indigenous Peoples, focusing on access to justice, highlights an over representation of indigenous children and youth in criminal justice systems. It also points to discrimination both in the rates of detention of indigenous children and their treatment within the system. In addressing remedies, the report reiterates the Committee on the Rights of the Child’s call on States to develop juvenile justice systems in consultation with indigenous people and the need for access to culturally appropriate services in juvenile justice. More here.
2) UN to press Holy See about child sexual abuse
The UN is finally set to investigate the Vatican for child sexual abuse allegedly committed by members of the Catholic Church around the world. This could be a powerful moment for children's rights and a unique opportunity to shed light on an organisation shrouded in a lack of transparency and accountability.
The Holy See is up for review during the Committee on the Rights of the Child's 65th session in January 2014. During its pre-session stage this month, the Committee asked the State to supply all the information it has on child sexual abuse committed by members of the clergy, monks and nuns that has been brought to the attention of the Vatican. The request for information includes details of any investigations the Vatican authorities carried out, what preventative measures it implemented, and how it assisted and compensated victims.
How you can get involved
This presents a unique opportunity for victims of child sexual abuse, not only from the Catholic Church, but in religious and closed institutions across the world. CRIN wants to know just how widespread this human rights violation is. We are looking to conduct some initial research into the scale and prevalence of child sexual abuse by members of the Catholic Church to help put pressure on the Committee on the Rights of the Child and other Member States to sufficiently press the Holy See to disclose information. We are on the lookout for possible partners, including victim support groups and other children's rights NGOs, to help us. If you are interested please email [email protected].
3) New Special Procedure appointments
In 2014, 23 special procedure mandates will be up for grabs, presenting the children’s rights community with an opportunity to nominate - and lobby their governments to vote for - candidates with a background and interest in children’s rights.
Children are human beings too, which means that they have the same human rights as adults. But so often UN human rights discussions (apart from those specifically dedicated to children, like the Committee on the Rights of the Child or the HRC’s annual day) ignore children’s rights issues or merely pay them lip service. So it is really important that the people in the top jobs in human rights, including those holding UN special procedure mandates, understand and care about children’s rights. As part of our efforts to position children’s rights on the broader human rights agenda, CRIN monitors the appointment processes (the election of treaty body Committee members and Special Procedure mandate-holders being two good examples). For instance, you can see how we monitored the candidates for the Working Group on business and human rights, here. Below are some of the key vacancies concerning children’s rights coming up in 2014:
- Special Rapporteur on the sale of children, child prostitution and child pornography
- Special Rapporteur on trafficking in persons, especially women and children
- Special Rapporteur on the situation on human rights defenders
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- View the full list
What you can do!
Anyone can nominate candidates to fill the vacant posts. Further information concerning the deadline and the application process is set to be announced by OHCHR in September, and we will include details in our UN CRINmail that month.
In the meantime, to find out more about how the appointment process works, visit OHCHR’s website. You can also contact us at [email protected].
More news on Special Procedures
Experts must put more pressure on States
At the annual meeting of Special Procedures, NGOs made a joint submission calling on experts to be more forceful in holding States to account. With a number of States still refusing to allow mandate-holders to conduct country visits, NGOs encouraged the experts to do more to encourage cooperation by States. More here.
Call for contributions
The recently established Commission of Inquiry on North Korea has issued a call for information on the situation in the country. The submissions - which anyone can make - will inform the Commission’s report, due to be presented at the Council’s 25th session in March. Deadline: 3rd November. More here.
Past and upcoming visits
For full details of recent visits, including the Working Group on business and human rights’ trip to Ghana, visit our main Special Procedures page. You can also view all scheduled country visits for 2013, here.
Coming up in 2013:
- Human Rights Council Session 24
The final regular session of the Council is scheduled to take place from 9 - 27 September in Geneva. To familiarise yourself with the outcomes from the previous two sessions, read our summary CRINmails for March (session 22) and June (session 23). You can also view the full list of resolutions tabled in 2013, here. Children’s rights are set to feature in a number of discussions and resulting resolutions, notably on children and armed conflict, the death penalty (horrifically, six States still allow for the death penalty as a criminal sentence for children), and on traditional values. The latter is interestingly tabled by the Russian Federation. This is likely to cause a very feisty debate, given recent developments around the criminalisation of “gay propaganda” (in the name of protecting children from harmful information) and the arrest and detention of both Russian and foreign nationals for the ‘crime’.
Deadlines and further information:
- Submission of NGO written statements: Thursday, 22 August
- Requests for NGO parallel-event rooms: Friday, 9 August
- Committee on the Rights of the Child Session 64
Nine States are under review during September’s session which runs from 16 September to 4 October. Eleven NGOs have submitted alternative reports on China, raising issues such as corporal punishment, human rights defenders, HIV and AIDS, and children with disabilities. Four NGOs have made submissions on Kuwait, with the issue of stateless (Bedoon) children high on the agenda.
To find out which UN treaty bodies are currently in session, and others coming up in the next couple of months, view our advocacy calendar.
Previous session - summary reports available
Further to the recent 63rd session - which we rounded up in last month’s UN bulletin - Child Rights Connect have released their summaries of each State review. Of particular interest is the discussion around Israel's review. The Committee raised more than 30 children's rights issues, and accused the State of violating the four principles of the Convention on the Rights of the Child (non-discrimination; the best interests of the child; the right to life, survival and development; and respect for the views of the child). You can find these reports alongside the Concluding Observations, here.
Our updated CRC pages
We have recently updated two sections of our website concerning the work of the Committee:
1. Days of General Discussion
The aim of these biennial discussions - which are separate to the Human Rights Council’s Annual Day - is to foster a deeper understanding of the contents and implications of the Convention on the Rights of the Child (CRC) as they relate to specific articles or topics.
On our updated page you will find details of all past thematic discussions, including CRIN’s report (where applicable), NGO submissions and the Committee’s final recommendations; you can also find out what is scheduled for the coming years and how to participate in the discussions.
2. General Comments
The Committee publishes General Comments to provide interpretation and analysis of specific articles of the CRC or deal with thematic issues related to the rights of the child. General Comments constitute an authoritative interpretation as to what is expected of State parties as they implement the obligations contained in the CRC.
On our updated page you will find details of all of the Committee’s General Comments, together with submissions made by NGOs (where available).
Beyond the CRC
As part of our efforts to encourage advocates to use other mechanisms to advance children’s rights, we monitor Days of General Discussion and General Comments of other treaty bodies, highlighting in advance where opportunities may exist to make a submission. All updates available on our CRC news page.
- Universal Periodic Review Session 17
Last month, the Council’s President announced that Israel’s review has been rescheduled for Tuesday 29 October, during the UPR’s 17th session. Back in January, Israel became the first State to boycott its review, setting a dangerous precedent for the mechanism. Read our children's rights extracts from Israel’s initial review, here.
Ahead of the 17th session, CRIN has submitted reports on Saudi Arabia, Nigeria and Malaysia as part of our inhuman sentencing campaign. Among the other States set for review at the session - which runs from 21 October to 1 November - are China and Jordan. Visit our session page.
See which coalitions exist in your country
In next month’s CRINmail, we will be publishing our updated database of all children’s rights NGOs and coalitions who are reporting to the UPR. For the full list of NGOs who reported during the first cycle, click here.
Juvenile justice - disappointment at the Human Rights Committee
The current Draft General Comment on Article 9 - Liberty and security of the person by the Human Rights Committee (the body responsible for monitoring the implementation of the International Covenant on Civil and Political Rights) contains a worrying reference to the “detention of children for educational purposes”.
We understand that this section of the Draft General Comment is about the importance of the right of appeal against a variety of forms of detention. But we are concerned it could be read as implicit approval of the detention of children in order to educate them. We would like to remind the Committee that Article 37 of Convention of the Rights of the Child says that children should only be detained as a measure of last resort and for the shortest time possible. We hope that this is reflected in the final version. No child should ever be detained to receive an education.
Useful Contacts and Resources
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].
{THE LAST WORD}
A 15 year old boy was charged with attempting to steal an ice cream. Instead of choosing to make the offence the subject of diversion or a referral to a juvenile justice team, the boy was arrested, refused bail, remanded in custody by a court, and then transported to a youth detention centre in the regional capital. He spent ten days in custody before the matter was dealt with before the Children’s Court. The charge was dismissed on the basis that the boy had already been punished because of the time spent in pre-sentence detention.
Australia’s National Aboriginal and Torres Strait Islander Legal Service cites this case in its submission to a major new study on access to justice for indigenous peoples.
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