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CRINMAIL 1247:
In this issue:
To view this CRINMAIL online, click here.
Sexual exploitation and child-friendly justice:
The OPSC Legal Reform Project
Project Goals
CRIN has undertaken a project examining the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC) in national law around the globe. Looking at how the OPSC has influenced legal reform in individual countries across different regions, we hope to inspire advocates in these and other jurisdictions to promote national legislation and policies that better respect the rights of children under the OPSC. Through this, we also seek to encourage positive legal change in the ways that our justice systems address child victims of exploitation and violence in general.
The OPSC in Brief
The OPSC criminalises actions relating to the sale of children, child prostitution and child pornography. While these actions amount primarily to various forms of sexual exploitation of children, the OPSC does also address the sale of children for other purposes including forced labor and removal of organs. Notably, although many of the offenses described in the OPSC occur in the context of movement across borders, child trafficking and the sale or sexual exploitation of children are not identical and only the latter are directly addressed by the Protocol.
In addition to criminalising offenses related to the sale of children, child prostitution, and child pornography, the OPSC encourages countries to assert broad jurisdiction over these offenses and calls on governments to impose criminal liability on corporations and other business enterprises implicated in exploitative activities. In line with child-friendly justice principles, which demand special care and treatment for children in their interactions with the legal system, the OPSC also sets out the rights of child victims to protection, support, recovery, and compensation.
To date, the OPSC is in force in 151 countries, and there is a campaign for universal ratification under way. For further information:
Country Reports
Our individual country reports review the national laws, policies and programs that have been designed to implement the rights contained in the OPSC. The reports aim to uncover legal reforms undertaken by national governments following their ratification of the OPSC and to assess how and whether these laws have brought that country into compliance with the international obligations under the Protocol. We have also reached out to children's rights NGOs working in the countries selected to gain a better sense of the current legal landscape and ascertain the existences of any relevant contemplated or pending legislation.
The reports themselves contain three columns of information, with subject area descriptions and related OPSC provisions listed along the left-hand side. The first column presents the current state of national law; the second column details any relevant legal reforms that have occurred to bring national legislation in line with the OPSC, and the third column analyses national legal compliance with the OPSC as determined by the Committee on the Rights of the Child and the Special Rapporteur on the sale of children, child prostitution and child pornography.
Read the country reports for:
Progress
We will continue to produce additional individual country reports, and - as the project progresses – will begin to compare and analyse national governments' progress in meeting their obligations under the Optional Protocol. Eventually, we plan to publish an advocacy-focused guide to legal reform with helpful hints and information for those pushing for greater implementation and enforcement of the OPSC on the ground.
NEWS / REPORTS
The Inter-American Commission on Human Rights will hold its 143rd session from 19 October to 4 November 2011 in Washington D.C., USA. Children's rights will feature amongst the hearings, notably the hearing on sexual violence in educational institutions in the Americas taking place on 24 October, and the hearing on Juvenile Justice scheduled to take place on 27 October.
- Find the full schedule of hearings here.
- Follow the webcast of the hearings here.
Another State prohibits all forms of corporal punishment
Togo has now joined the list of States which have enacted legislation prohibiting all corporal punishment of children in all settings, including the home. The 2011 State party reports submitted to the UN Committee on the Rights of the Child and the African Commission on Human and Peoples’ Rights clearly state that the prohibition is comprehensive.
The number of African States fully prohibiting corporal punishment of children now stands at 4, and the total number of States worldwide at 31.
Last week's Special Edition CRINMAIL on Violence Against Children featured the report "Five Years On: a global update on violence against children". The findings of the report revealed that 78 countries still authorise corporal punishment by teachers; in some countries, up to 97 per cent of students have been beaten in school. Read the CRINMAIL here.
New Libya, new start?
The new authorities in Libya must stamp out arbitrary detention and widespread abuse of detainees, Amnesty International said today in a new briefing paper "Detention abuses staining the new Libya". The organisation also found that children have been held together with adults, and women detainees have been supervised by male guards. Read the report.
Palestinian children not a priority
On 11 October 2011, Israel and Hamas announced a deal to release Palestinian prisoners in exchange for the release of Israeli soldier Gilad Shalit. Under the deal, a total of 1,027 Palestinian prisoners are to be released in two stages beginning on 18 October and concluding two months later.
Defence for Children International on Sunday reported that the Israeli authorities published a list of 477 prisoners, including 27 women, to be released in the first phase of the deal. The list did not include any children. DCI-Palestine cannot confirm how many children, if any, will be released in the next phase this December. Read more here.
1 in 5 children caught up in conflict
Nohora Valentina Munoz, a 10-year-old girl, has become a representative of Colombian children caught up in the long-running civil conflict. She was abducted on 29 September when her mother was taking her to school in Fortul, a small town near the Venezuelan border. Two out of ten young people have been affected in some way by the conflict, according to the Ombudsman's Office of Colombia that oversees the protection of human rights. Read more here.
Child farmworkers' exposure to pesticides
A new film highlights the storıes of North Carolina children workıng on farms who have been sprayed with toxic pesticides while in the fields. "Overworked & Under Spray: Young Farm Workers’ Pesticide Stories" features interviews with six high school-age children about their experiences working in eastern North Carolina. Most of the children’s stories involve incidents of pesticide exposure that are illegal according to state law. Read more here.
UN news
The 12th session of the Universal Periodic Review (UPR) ended last week, completıng the UPR's fırst cycle with the examination of the last 17 States to report to the mechanism. During a conference to mark this milestone, both States and NGOs agreed that the success of the UPR depends on the implementation of recommendations on the ground.
The findings of CRIN's comprehensive research into the UPR have revealed that States are avoiding more controversial issues when it comes to children's rights, and are instead focusing on 'safer' issues like education and health. Read a Special Edition CRINMAIL on Children's Rights and the UPR here.
CRC news
The 58th Session of the Committee on the Rights of the Child (CRC) took place from 19 September to 7 October. During the session, the Committee examined State Party reports from Iceland, Italy, Panama, South Korea, Seychelles and Syria.
The Committee also examined Sweden's compliance with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC). Read the Committee's Concluding Observations, Session reports and Alternative reports here.
Employment
War Child International: Manager Operations (D.R. CONGO)
War Child International is accepting applications for the role of Manager Operations (MO) to be based in the D.R. Congo. The successful candidate will be responsible for ensuring that the Operation is set up and running effectively and efficiently to enable programme staff and other stakeholders to carry out the War Child Programme.
Application deadline: 25 October. For more details, click here.
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Franciscans International - Project Manager (Geneva)
Francisans International is accepting applications for the role of Project Manager to be based in Geneva. The successful candidate will be responsible for managing the complete process of all FI advocacy projects, in terms of, submission, development, reporting and the related fund raising cycle. Application deadline: 25 October. For more details, click here.
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Girls Not Brides: The Global Partnership to End Child Marriage - Programmes Officer / Communications Officer (London)
Girls Not Brides is accepting applications for two roles based in London. Firstly, a Communications Officer who will be responsible for raising the profile of the organisation's global drive for a world without child marriage. Secondly, the organisation is seeking a Programmes Officer to boost the impact of its global drive for a world without child marriage. Application deadline for both roles: 7 November. For more details, click here.
{THE LAST WORD}
“The struggle for human rights is one struggle and no human rights defender should be left to do this work alone. Courage is our virtue, and freedom is our goal."
Kasha Jacqueline Nabagesera, a gay rights activist from Uganda, on being awarded the Martin Ennals Award for Human Rights Defenders.
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