CRINMAIL 1256:
In this issue:
To view this CRINMAIL online, click here.
UN General Assembly adopts complaints mechanism!
The UN General Assembly adopted on Monday 19th December the new Optional Protocol to the UN Convention on the Rights of the Child (CRC) establishing a complaints mechanism for children. This concludes an almost five-year campaign to create such a mechanism, also known as a communications procedure, in which over 80 NGOs formed an international coalition coordinated by the NGO Group for the CRC. CRIN was one of the first organisations to join, later hosting the campaign and petition on its website, which was signed by almost 700 organisations from around the world.
A complaints mechanism allows individuals, groups or their representatives, who claim that their rights have been violated by a State that is a party to a Convention, to bring a complaint before the relevant UN committee, provided that the State has recognised the competence of the committee to receive such complaints, and that all domestic remedies have been exhausted.
Until now, the CRC was the only international human rights treaty with a mandatory reporting procedure to not have, in addition, an existing or draft complaints mechanism. “The international community has effectively put children’s rights on an equal footing with other human rights and recognised that children too have the right to appeal to an international mechanism, just like adults,” said the NGO coalition in a joint public statement.
On a similar note, UN High Commissioner for Human Rights Navi Pillay said “[c]hildren will now be able to join the ranks of other rights-holders”; while Peter Newell, coordinator of the Global Initiative to End All Corporal Punishment of Children, summed up that “children’s rights are no longer ‘mini rights’.”
The Special Representative of the UN Secretary-General on Violence against Children, Marta Santos Pais, also welcomed the adoption of the protocol, saying it “consolidates the international system of accountability for human rights,” adding that “its provisions will help bring to an end the invisibility and conspiracy of silence surrounding incidents of violence against children.”
Prior to its adoption, critics argued that the CRC did not need its own complaints mechanism because those that already exist under other treaties are also available to children. However, as these instruments do not cover, separately or together, the full range and detail of rights in the CRC, they have barely been used by children or their representatives. The new mechanism under the CRC, on the other hand, is uniquely adapted to children. Among others features, it specifies that:
- In reviewing communications, the Committee on the Rights of the Child must follow the principle of the best interests of the child and have regard to the rights and views of the child;
- The Rules of Procedure for using the complaints mechanism are to be child-sensitive;
- Safeguards must be introduced to prevent the potential manipulation of children, and the Committee can decline to consider communications found not to be in a child's best interests;
- The identity of any individuals involved in submitting a complaint, including child victims, cannot be revealed publicly without their express consent; and
- Communications must be submitted with the child victim's consent, unless the person submitting the complaint can justify acting on the child's behalf without that consent.
The NGO coalition now calls on all States to “initiate national discussions and processes in view of ratification of the new Optional Protocol as soon as possible, and urges them to sign the new Optional Protocol at the official signing ceremony to be held in 2012 to demonstrate their commitment to the protection of child rights.” It will enter into force upon ratification by 10 UN Member States.
For more details on the campaign for a complaints mechanism, click here.
Also download CRIN’s Advocacy Toolkit on the complaints mechanism here.
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CRIN Users Survey: the findings
The findings of CRIN's 2011 Users Survey are now available!
The purpose of the survey was to ascertain our users' views on our services and to receive input on areas in need of attention. CRIN has undergone significant change since our last survey in 2007, as we take on more of an advocacy role, and this year's survey provided an opportunity for us to assess the extent to which we are meeting the needs of the child rights community. A total of 242 organisations completed the 2011 survey, ranging from State Ministries, Ombudspersons, NGOs and academic / educational institutions.
In comparison to the 2007 survey, where requests for information sharing and networking activities featured prominently, along with information on thematic issues such as children and the business sector, this year's survey revealed an appetite for more information on good and bad practice, more in depth analysis on child rights, and more information on access to justice, legislation, and guidance on how to approach the advocacy process: all areas CRIN is currently prioritising.
CRIN has produced a brief summary of the responses received, together with an overview of existing areas of work and future plans in relation to requests regularly mentioned in the surveys.
A big thank you once again to those who completed the survey.
-- The CRIN Team
To download the 2011 survey findings, click here.
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LATEST NEWS AND REPORTS
Big shoes to fill
The Council of Europe Committee of Ministers has submitted to the Organisation’s Parliamentary Assembly the shortlist of three candidates for the post of Council of Europe Human Rights Commissioner. The appointed candidate will take over from the present Commissioner, Thomas Hammarberg, at the end of March 2012. The candidates are Pierre-Yves Monette (Belgium), Nils Muiznieks (Latvia) and Frans Timmermans (Netherlands). More here.
CRIN has been following the work of Thomas Hammarberg since he took office in 2006. Hammarberg has championed children's rights throughout his work and has spoken out on issues such as the treatment of migrant children, Roma children, the spread of homophobic bullying in schools, corporal punishment and much more.
As part of CRIN's Transparency Campaign, we will be following the appointment process closely in the new year and will assess who we think might be best suited to follow in Mr Hammarberg's foosteps.
Child rights rapporteurship
A new study has been released on the Rapporteurship on the Rights of the Child of the Inter-American Commission on Human Rights, which seeks to identify and assess the strengths and limitations facing the Rapporteurship and makes recommendations to enable it to more effectively fulfil its mandate of promoting and protecting the rights of the children in the Americas. Download the report.
Child coffins run out in flood city
In the Philippines, an estimated 338,000 people have been affected by massive floods caused by the recent tropical storm. Authorities say the death toll is over 1,000. And according to the Philippine National Red Cross, more than 800 people are missing. Around 50,000 children have been caught up in the flooding, according to Save the Children. Mortuaries in the southern city of Cagayan de Oro say they have run out of child coffins. Read more here.
Women protest against police violence
Egypt’s military is coming under mounting criticism over the excessive use of force by soldiers against unarmed protesters, including women. Up to 10,000 women took to the streets on Monday in protest, many carrying shocking images of those who have been dragged by the hair, kicked and stripped – including the “girl in the blue bra” who was repeatedly kicked and beaten with metal bars. Since last Friday, 14 protesters have been killed by troops, including two boys, one 11 years old, after he was shot dead with live bullets after troops attempted to break up protests.
In response, the military council expressed “deep regret” and reaffirmed its “respect [for women’s] rights to protest, effectively and positively participate in the political life on the road to the democratic transition”. A retired army general, however, told a newspaper that protesters should be thrown into “Hitler's ovens” - a reference to the gas chambers used by Nazi Germany during the Holocaust. Full story.
Children demand evacuation
In Japan, children at risk from exposure to radiation in the Fukushima prefecture have filed a lawsuit demanding that the government transfer them to a safer location. A ruling is expected later this month. Full story.
A few weeks back we also reported that Japanese authorities have allegedly been downplaying and withholding data on children’s exposure to nuclear radiation in Fukushima. Full story.
Xenophobia fuelled through misinformation
International Migrants Day 2011 was observed on 18 December, the day on which in 1990 the General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Governments and civil society are asked to observe this day by disseminating information on the human rights and fundamental freedoms of migrants.
In Italy, an entire Roma settlement near the northern city of Turin was burnt down by an angry mob reacting to what was later revealed to be a false rape claim against two Romani men. The day before the protest, leaflets were circulated in the suburb of Vallette inciting residents to “clean up” the area, home to 46 Romani individuals. Amnesty International condemns that authorities have been fuelling a climate of intolerance towards Romani people for years through unsubstantiated statements linking these communities to rising crime and insecurity. Full story.
The International Organization for Migration has released its 2011 World Migration Report, whose theme this year is on communicating effectively about migration to prevent misperceptions of migrants from fuelling xenophobia and tensions in migrant-receiving countries, such as blaming migrants for crime and unemployment. Download the report here.
Further Information:
“Protecting” children through vague language
In Russia, a law "on the protection of children from information harmful to their health and development" will come into force on 1 September 2012. It requires that the content of all audiovisual information, including websites, be labelled according to and restricted to suitable age groups. Yet of concern to activists is the law’s vague language, which includes references to “places accessible to children” and “information encouraging children to commit antisocial acts”, as these could potentially pose an obstacle to children's right to access information. More here (in Russian).
Also in Russia, a bill that seeks to “protect” minors from LGBT “propaganda” in St Petersburg has been postponed for the second time since being approved by the city’s legislative assembly. Activists fear that until the proposed bill is revoked, it could always come back on the table. Full story.
Meanwhile in neighbouring Kazakhstan, authorities scheduled a New Year’s party for children on the site of ongoing demonstrations by oil workers in the western town of Zhanaozen as an apparent ploy to clear out protesters. The practice of organising events for children, like fairs or circuses, in politically important public spaces “has become a common tactic by authoritarian governments in the former Soviet Union to discourage protests”, the New York Times reports. Full story.
Psychiatric torture in hospitals
The Falun Gong Human Rights Working Group has released a report exposing how over 150 hospitals in China are known to systematically use psychiatric torture against mentally and physically healthy Falun Gong practitioners in a State-sponsored effort to break their will. According to the report, victims are often left with irreparable health problems not present prior to their torture, which includes the forced ingestion or injection with psychiatric drugs or toxic substances, excessive electroshock procedures, or the use of electric needles at the temples to shock the brain and produce seizures. Download the report.
Discrimination leads to police apathy
In the United States, the Supreme Court has agreed to decide if Arizona’s controversial immigration law, which would allow local police to apprehend and help deport illegal immigrants, should be enforced. The law has received strong objections from the Obama administration and immigration rights groups, with the issue of possible racial profiling a concern. Additionally, the US Justice Department found evidence of widespread discrimination in the Maricopa County Sheriff’s office in Arizona, with Latinos routinely arrested illegally and abused in prisons over the past three years. Notably, authorities also failed to properly investigate 432 cases of sexual assault and child molestation, apparently because the victims were Hispanic.
Loopholes to get to children
Junk food companies are using loopholes in advertising legislation to promote unhealthy food to children, charities have warned. Television adverts promoting foods that are high in fat, salt and sugar, cannot be advertised during children’s programmes, yet such rules do not apply online. A study finds that food companies such as Kellogg's, Rowntree and Cadbury have set up websites with games, cartoon characters and videos to entice children and “swamp” them with commercial messages, with adverts also appearing on social networking sites such as Twitter and Facebook. Full story.
Related stories:
UN News
The Kenya Stakeholders Coalition for the UPR (KSC-UPR) recently submitted a report assessing the Government of Kenya's progress in implementing UPR recommendations. With States and NGOs in agreement that the success of the UPR depends on implementation, NGOs have an important role to play in monitoring progress. Find out how to engage with the UPR and read about NGO experiences here.
The 59th session of the Committee on the Rights of the Child will be taking place in Geneva from 16 January to 3 February 2012. To find out which States are due to be examined and to view the list of alternative reports, click here.
And the draft programme for the 19th session of the Human Rights Council, due to take to take place from 27 February to 23 March 2012, has been released. For more details on key discussions concerning children’s rights, click here.
Finally, in early January CRIN will be releasing a Special Edition "Child Rights at the Human Rights Council" CRINMAIL, looking back at news and events from the Council in 2011, as well as looking ahead to what lies in store for 2012. To subscribe to this or other CRINMAILs, click here.
In other news
Human Rights Watch has recently released three reports covering the harmful consequences of child marriage in Yemen; violence and discrimination against black lesbians and transgender men in South Africa, including the issue of “corrective rape”; and child labour in the artisanal gold mining industry in Mali.
The International Juvenile Justice Observatory has launched its new website: www.oijj.org, with new features including “European Policies on Juvenile Justice” which includes information and news on favourable justice for children promoted by European institutions and principal organisations that specialise in research, and/or representatives of civil society specialising in this area.
Childwatch International and the UNICEF Innocenti Research Centre are developing an International Child Research Ethics Project, which aims to improve understandings and practice in relation to ethical research involving children and young people. Among other things, the project will culminate in an International Ethics Charter and a web portal to provide a repository of information, publications and resources relevant to child and youth research. Consultants working on this project would welcome submissions of any recent initiatives related to: child/youth research ethics, relevant resources or activities; and training programmes and modules informing and/or supporting either new or more experienced researchers. Further details.
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UPCOMING EVENTS
Exploitation: 12th Annual ISPCAN Global Institute – 'Preventing Child Exploitation and Abuse – Working with children and families affected and displaced by disasters'
Organiser: International Society for Prevention of Child Abuse and Neglect
Event date: 22 January 2012
Location: San Diego, California, United States
More details here.
Violence: 26th Annual San Diego International Conference on Child and Family Maltreatment
Organiser: Chadwick Center for Children and Families
Event date: 23 – 26 January 2012
Location: San Diego, California, United States
More details here.
Call for papers: ‘Children, Young People and Adults: Extending the Conversation’
Organiser: International Childhood & Youth Research Network et al.
Event date: 5 – 7 September 2012
Location: Preston, United Kingdom
Submission deadline: 31 March 2012
More details here.
Africa: 'Exploring Childhood Studies in the Global South – Africa in Focus'
Organiser: Centre for the Study of Childhood and Youth, University of Sheffield
Event date: 16 May 2012
Location: Sheffield, United Kingdom
More details here.
Africa: The 2nd International Conference in Africa on Child Sexual Abuse
Organiser: African Network for the Prevention & Protection against
Child Abuse and Neglect – Ghana Chapter
Event date: 12 – 14 March 2012
Location: Accra, Ghana
More details here.
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EMPLOYMENT
Plan International: Child Rights Advocacy & Communications Officer
Plan International is inviting applications for the role of Child Rights Advocacy & Communications Officer to be based in Geneva, Switzerland. Responsibilities will include advocacy work at the UN, campaign work, development of a communications strategy, and internship support. Application deadline: 16 January 2011. More details here.
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Plan Sweden and Plan International: Consultancy
Plan Sweden is together with Plan International's headquarters and our liaison office in Geneva looking for a consultant to analyse how stake holders involved in the CRC monitoring and implementation process has approached the issues of Disaster Risk Management and Climate Change in CRC monitoring such as the Committee's concluding observations and recommendations, state reports, alternative reports. More details here.
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UNICEF: Associate Director (Strategic Research)
UNICEF is accepting applications for the role of Associate Director (Strategic Research) in its Research Office in Florence, Italy. Among other things, the successful candidate will conceptualise innovate, plan and execute ideas in the research and policy studies. Application deadline: 13 January 2012. More details here.
Jargon of the Week
Promoting the use of clear language among child rights advocates
Have you ever come across the word “harmonise” in NGO reports and wondered what singing has to do with children’s rights?
Have you ever felt confused about why farming terms, like “cross-fertilisation”, sprout up in NGO papers?
Or after coming across terms like “scaffolding” or “heavy-lifting” in a report on children’s education, did you ever double-check to make sure you were not reading a construction manual?
These are just some examples of NGO-speak that CRIN has looked at over the past year as part of our Jargon of the Week feature. View all these and more in our A to Z of Child Rights Jargon.
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