CRINMAIL 1334
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Technology and freedom of expression - an opportunity for whom?
Last week a high school student in Bahrain was sentenced to one year in prison for a tweet that allegedly insulted the king. Ali Al Shofa was arrested in a dawn raid at his home in March this year, and was detained for two months while the authorities investigated his ‘crime’.
Huge advances in communication technology have allowed people to express their opinions and share ideas like never before. But Ali Al Shofa’s story is just one in a dangerous trend of States suppressing their citizens and criminalising the exercise of fundamental rights and freedoms. The fact that Ali Al Shofa is a child makes this all the more chilling.
Freedom of expression is a fundamental human right that underlies democratic and open societies. Communities evolve through the exchange of ideas and shared knowledge, allowing each individual to express how they feel, and indeed be who they are, without unjust restrictions. Freedom of expression is closely intertwined with other human rights, including the right to be heard, privacy, access to information and freedoms of association and assembly. Articles 12 to 17 of the Convention on the Rights of the Child outline these children’s participation rights. Without these, societies would become stagnant with only the views of the most powerful on display.
The Internet has changed the way we communicate forever. No longer do we have to rely on the mainstream media, or the slower methods of keeping in touch that we used in the past. Now we simply write what we want to say and click ‘post’, ‘send’ or ‘tweet’.
Ali Al Shofa is part of the first-generation to have grown up with the Internet, social media and the constant access to information this offers. Unless a school assignment called for it or a journalist asked them what they thought for a ‘cute’ media interview, previously children had very limited ways of expressing themselves. Now children don’t have to rely on the traditional media to get their voices heard. They are taking communication into their own hands.
Children’s voices are expressing frustration. From Cairo to Istanbul to Sao Paulo, young people around the globe are discontented with how governments and societies are treating them - and are shouting about it. Pictures from theses protests, organised via social media, show largely young faces, united and defiant in their struggle against repression and inequality. Despite the different languages, the message is clear – children and young people are calling for their rights and demanding to be treated with respect, equality and dignity.
But while people enjoy these new avenues of expression, they also allow States to crack down on ‘subversives’ (Ali Al Shofa being a prime example), invade our privacy and intrude into our lives like never before. Edward Snowdon’s story is current case in point as he alleges mass surveillance through communications technology in both the US and Europe by the US Government.
The UN Special Rapporteur for freedom of expression, Frank La Rue, released a report in April this year on communications technology and the increased capacity it has given States to spy on individuals. The report comes down strongly against mass surveillance and the chilling effect this erosion of privacy is having on freedom of expression and human rights activism. In his report, Mr La Rue said:
“Modern surveillance technologies and arrangements that enable States to intrude into an individual’s private life threaten to blur the divide between the private and the public spheres. They facilitate invasive and arbitrary monitoring of individuals, who may not be able to even know they have been subjected to such surveillance, let alone challenge it.”
‘National security’ is the nebulous excuse often used by governments prying into people’s private lives. But it goes further than that. Although Mr La Rue’s report does not specifically go into children’s rights, there have been startling examples of technology used to impinge on children’s privacy. For instance, a high school in the US used spyware software installed in school laptops to spy on children in their homes. Authorities in Brazil have installed microchips in the school uniforms of children up until the age of 14 in what they claim is move to reduce truancy . Dubbed “intelligent uniforms”, they will allow for a text message to be sent to parents telling them if their child arrived to class on time or if they were late, and then again if they have not turned up for 20 minutes.
Until human rights law (both international and national) reflects reality, communications technology will be a double edged sword for human rights activists. For many around the world, the Internet offers a fantastic platform for human rights advocacy. Children are usually ousted from traditional avenues for debate, so the ability it gives them to exercise their freedom of expression and begin to formulate their own views is of particular importance. So it is ironic that the very thing that enables us to say what we want, when we want, also allows those who do not like what we say to come after us. For Ali Al Shofa, a year in prison is a long time for 140 characters.
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LATEST NEWS AND REPORT
Children’s consent in health matters
Any mention of children’s rights when it comes to health-related matters generally applies to children’s right to access medical care. Less readily thought of, yet equally important, are children’s right to autonomy and their right to participate in decision-making in such matters. Belgium's Federal Parliament, for instance, is currently debating whether to extend the right to die to children who are terminally ill on the basis that children should also be afforded the conditions to die in dignity, and that “age should not be regarded as a decisive criteria in the event of a request for euthanasia." Adding to the research in this emerging issue is a new paper by the University of Leeds that looks at the legal ambiguity surrounding child consent in health-related matters in the United Kingdom.
The paper highlights that current UK law allows people aged 16 and over, who are deemed to be mature enough, to make decisions consenting to or refusing medical treatment. Conversely, however, UK common law also allows parents to override competent decisions made by their children to refuse treatment if aged under 18, giving rise to the question of whether this is compatible with the Human Rights Act 1998. The paper looks at this issue and others in light of children’s best interests, as well as the limitation of parental powers in the face of children’s autonomy rights and their participatory rights. Download the report.
CRIN also reflected on the issue of consent in health matters, noting that in cases where children are capable of making decisions about their own health care, the Committee on the Rights of the Child recognises their right to do so without the interference or consent of anyone else. Read more here.
Sex education for younger children urged
In light of a recent string of child sex abuse cases in China, advocates and researchers are emphasising the need for younger children to receive basic sex education. Many parents and schools in China “give sex education only to older teenaged children without knowing that early childhood sexuality education can help equip their child with awareness of what is appropriate or not when it comes to physical touch,” says Yang Xiong, director of the Teenagers Research Institute of the Shanghai Academy of Social Sciences. Full story.
One notable campaign working to combat child sex abuse is the Council of Europe's One in Five campaign. At the heart of its objective is a simple rule: the Underwear Rule, whose purpose is to help parents and teachers explain to children where others should not try to touch them, their right to set limits, and the need to express their feelings and speak up against abuse. The Underwear Rule is explained in a TV spot suitable for all ages, a children’s book, a website and other support materials featuring a character called Kiko.
Even though the One in Five campaign has been designed by a regional European mechanism, the Council of Europe welcomes non-member States to make full use of the campaign materials. For details on how non-member States can collaborate in the campaign or start up a national or regional one, contact: [email protected] A list of Council of Europe contacts is also available here.
School textbooks contain religious discrimination
Twenty-two textbooks used in schools in Pakistan contain chapters featuring discriminatory material towards religious minorities, including offensive remarks and distorted historical facts, a study by the National Commission for Justice and Peace (NCJP) has found. The organisation has recorded an increase in instances of discrimination found in textbooks, with 122 found in 2013, compared to 45 in 2009. In addition to religious biases in school textbooks, the study also identified discrimination against the country’s religious minorities in the education policy itself, highlighting that religious education in schools only caters to Muslim schoolchildren, with non-Muslim students having to study ethics as an alternative. Full story.
Pakistan is not the only case where religious and cultural bias has been found in school textbooks. Those used in Israeli schools, for instance, were found to contain anti-Palestinian ideology by depicting Palestinians as terrorists, refugees and primitive farmers, said Nurit Peled-Elhanan, professor of language and education at the Hebrew University of Jerusalem. Commenting on its effects, Prof Peled-Elhanan says that this bias conditions Israelis to hold prejudices against Palestinians from a young age.
Further information:
Restaurant curfew for children
Ukraine’s President Viktor Yanukovych has signed a law banning the presence of children under the age of 16 in catering and entertainment establishments past ten o'clock in the evening. Their presence is permitted only if they are accompanied by at least one parent or other legal representative. The law also requires restaurant and club owners to demand proof of age from customers if suspected of being younger than 16. Full story (in Russian).
Curfew laws are a common form of status offences, which disproportionately affect children. Status offences are acts that would not be criminal if they were committed by adults. This means that a status offender’s conduct is considered unacceptable not because it is harmful, but solely on the basis of age. Status offences take many different forms, with other examples including running away, begging, bad or anti-social behaviour, gang association, participating in protests, and even simple disobedience. CRIN has produced a report on status offences, which provides an overview of such cases with examples from around the world. It also contains a section on how to challenge curfew laws as a first step towards seeking the abolition of all status offence laws affecting children. The report is available to download in English and Spanish.
Juvenile justice gaps in Europe and Asia
Juvenile justice in Central and Eastern Europe and Central Asia has improved in recent years, but huge barriers remain, according to a new European Union-UNICEF report launched last week at a conference in Brussels which brought together around 120 justice ministers, ombudspersons and participants from civil society, international organisations and the European Commission. While the report notes that fewer children are being put into prison across the region, the use of ill-treatment, sometimes amounting to torture, still occurs in all surveyed countries, with solitary confinement still allowed in nearly all of them. Proposed reforms on the provision of justice services also extend beyond children in conflict with the law to also include children who are victims or witnesses to crimes. Full story.
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CHILDREN'S RIGHTS WIKI: Spotlight on Japan
In this week's Children's Rights Wiki, we look at the persistent violations of children's rights in Japan: http://wiki.crin.org/mediawiki/index.php?title=Japan
- Discriminatory legal provisions in the Civil Code with respect to the minimum age for marriage (18 for boys, 16 for girls);
- Discrimination against children born out of wedlock;
- Discrimination against children from minority groups in education, particularly against Korean, Burakumin and Ainu children;
- Corporal punishment;
- Trafficking in women and children;
- Sexual violence against women and girls.
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UPCOMING EVENTS
Domestic violence: 6th Annual Domestic Violence Symposium - safeguarding victims, rebuilding lives
Organisation: Public Policy Exchange
Date: 17 July 2013
Location: London, United Kingdom
More details here.
Harmful practices: Powerful persuasion - Combatting traditional practices that violate human rights
Organisation: New Tactics in Human Rights
Date: 19-23 August 2013
Location: Online
More details here.
Business: 2013 Regional Forum on Business & Human Rights for Latin American and the Caribbean
Organisation: UN Working Group on Business & Human Rights et al.
Date: 28-30 August 2013
Location: Medellín, Colombia
More details here.
Abuse & neglect: 13th ISPCAN conference on child abuse & neglect
Organisation: International Society for Prevention of Child Abuse and Neglect
Date: 15-19 September 2013
Location: Dublin, Ireland
More details here.
Mental health: Implementing the suicide prevention strategy
Organisation: Public Policy Exchange
Date: 17 September 2013
Location: London, United Kingdom
More details here.
Exploitation: Child & Adolescent health & well-being - safeguarding children from sexual exploitation
Organisation: Public Policy Exchange
Date: 19 September 2013
Location: London, United Kingdom
More details here.
Sexual violence: Evidence into action
Organisation: Sexual Violence Research Initiative
Date: 14-17 October 2013
Location: Bangkok, Thailand
More details here.
Genital autonomy: Whole bodies, whole selves - Activating social change
Organisation: Genital Autonomy et al.
Abstract submission deadline: 15 December 2013
Event date: 24-27 July 2014
Location: Colorado, United States
More details here.
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EMPLOYMENT
CRIN: Legal researcher
Location: London, United Kingdom (Home-based possible)
Application deadline: 25 July 2013
More details here.
Child Rights Connect: Child Rights Officer
Location: Geneva, Switzerland
Application deadline: 15 July 2013
More details here.
UNESCO Office in Myanmar: Consultancy on 'Comprehensive Education Sector Review'
Location: Myanmar
Application deadline: 10 July 2013
More details here.
ECPAT-USA: Director of Development and Communications
Location: New York City, United States
Application deadline: 15 July 2013
More details here.
Bangladesh Legal Aid and Services Trust: Internships
Location: Dhaka, Bangladesh
Application deadline: 10 August 2013
More details here.
Raising Voices: Programme Manager (Violence Against Children Prevention)
Location: Kampala, Uganda
Application deadline: Until filled
More details here.
In the spotlight: Egypt
Egypt's political crisis has reached what one journalist has described as the "most critical point" since former President Hosni Mubarak was ousted in 2011.
As discontent civilians continue to demand in their tens of thousands that President Mohamed Morsi step down, the Armed Forces have said they will intervene if civilian demands are not responded to.
Troops and tanks have been deployed on strategic bridges and near protest sites by Morsi supporters. And travel bans have allegedly been imposed on Mr Morsi and other officials. A spokesman for the Muslim Brotherhood, to which Mr Morsi belongs, described the situation as a "full military coup".
President Morsi has proposed a consensus government and speeding through parliamentary elections as a possible way out of the current crisis. But the army has leaked details of its intention to overthrow Mr Morsi, scrap the constitution, disband parliament, and form a new government of independents headed by an army general.
A Muslim Brotherhood spokesperson said the army has no right to offer such a plan, adding that it has to be through "representatives of the people". "If the protests on the street prove anything [it is that] the people of Egypt are ready to have their say. They can sweep the parliamentary election, impeach the president, change the constitution and set the roadmap that they want, but it has to be the right of the people."
News providers are giving live coverage of the Egyptian situation, including Al Jazeera and the BBC.
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