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THE CRIN WORLD CUP 2014
The 2014 FIFA World Cup in Brazil, an impressive football fiesta despite the many challenges to human rights in the run-up to the tournament, presented the opportunity for the 32 qualified countries to showcase their talents on the world's greatest football stage. The participating countries arrived in Brazil from all corners of the globe, bringing with them diverse cultures, ideological backgrounds and, of course, human rights records - not to mention high expectations, costumes and face paints. All the usual football giants from South America and Europe were present, but less established footballing nations qualified for the finals too, notably Costa Rica, Nigeria and the United States. But did each nation’s sporting ability on the field reflect their performance off the pitch?
Ahead of the competition, CRIN examined how both Brazil and FIFA, the world football governing body, scored on human and children’s rights. And now with the World Cup done and dusted, CRIN will conduct its very own post-match analysis. Had the tournament been about the competing nations’ children’s rights record, would Germany have triumphed so spectacularly over Brazil in the semi-finals? And would Algeria really have kicked Russia out of the tournament in their last group game? CRIN will replay some of the most exciting matches of the 2014 World Cup, judging the teams not on their ability to score goals and prevail on the pitch, but based on how they uphold - or not - a number of children's rights. Welcome to the 2014 CRIN World Cup!
The rules of the game
As official referees, CRIN will decide which States will be lifting the silverware or heading for an early bath based on a mix of current children’s rights developments and regressions, as well as the following benchmarks:
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ratification of the UN complaints mechanism for children;
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persistent violations of the Convention on the Rights of the Child (CRC);
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performance in CRIN’s global research project on access to justice for children;
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inclusion in the UN Secretary General’s list of shame on children and armed conflict;
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respect for children’s right to access information;
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whether inhuman sentencing of children is outlawed;
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a prohibition on corporal punishment in all settings; and
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States' response to cases of child sexual abuse within religious institutions.
How the countries fared in the 2014 CRIN World Cup
Iran v Nigeria
In a World Cup which many now believe to be one of the most exciting in history, there had to be one game which would remind viewers that expectations of each match should be tempered with reality. This was that game. A goalless, largely forgettable 90 minutes in the group stage, in which Nigeria became another African nation that failed to deliver, whilst Iran seemed happy with its one point.
On the children’s rights field, it appears that Iran is just as happy to continue imposing the death penalty on children, with four juvenile offenders executed in April alone, and one other currently facing imminent execution. The State’s imposition of its discriminatory ideology against women, minorities and non-Muslims in school textbooks also deserves a yellow card. Nigeria, on the other hand, should see red for not allowing the Convention of the Rights of the Child - which is not directly enforceable in national courts - a greater role in the legal system, according to a CRIN report on access to justice for children in the country. Equally disappointing was the Nigerian government’s failure to prevent and respond to the abduction of more than 200 girls by the Islamist group Boko Haram, which is named and shamed in this year’s UN Secretary-General’s annual report on children and armed conflict.
Chile v Spain
The battle of "Las Rojas" (The Red Ones) was the second episode of Spain’s disappointing comeback, which culminated in the premature exit of the 2010 World Cup winners and saw Chile qualify to the second round, where they went on to be bravely ousted in a penalty shootout by the Brazilian hosts.
In the children’s rights arena, Spain might have had a better chance against the Chileans, beating its South American counterpart in ratifying the Optional Protocol establishing the UN complaints mechanism for children in 2013. Chile has signed the Optional Protocol, but has so far failed to ratify it. But the offside flag is up for both countries as far as children’s access to information is concerned, with recorded cases of schoolbook whitewashing regarding Chile’s Pinochet dictatorship and Spain’s teaching of creationism in schools.
Italy v Uruguay
This game was truly one to remember. Not only did Italian midfielder Marchisio see red 59 minutes into the match, but it also dramatically ended Italy’s World Cup aspirations and saw the return of Uruguayan darling Luis Suárez’ tendencies to try and eat his opponents.
On the children’s rights pitch, we would have foreseen a stalemate, rather than the much debated Uruguay win. Neither country has yet ratified the complaints mechanism established under the Third Optional Protocol to the CRC. Also, both have in recent years been criticised by UN treaty bodies over the state of their juvenile justice systems: in 2011 Italy was reminded by Committee on the Rights of the Child to bring its juvenile justice system up to scratch, while the Special Rapporteur on torture highlighted the dire conditions of juvenile detention centres.
Colombia v Japan
Japan’s efforts were outclassed 4-1 by the enchanting Colombian team’s footwork, which carried them all the way to the quarter-finals. A game between the two teams on the child rights pitch, however, might have started slowly, if the speed at which they have both (not) ratified - or even signed! - the CRC complaints mechanism is anything to go by.
Japan should also tighten its shin pads and get rid of its discriminatory policies towards women and girls in the area of marriage and against children of minority groups in education. But not even a golden goal could save Colombia, which continues to struggle with internal conflict, with a rising number of children recruited into armed groups, while local communities suffer abuses from state and non-state actors involved in the decades-long hostilities.
Algeria v Russia
When Algeria and Russia met in their third and final group match, the atmosphere in the stadium was tense, as only one of them would be going through to the knock-out stages. It was Algeria that went on to reach the last 16 of the World Cup for the very first time in its footballing history, after the teams ended up drawing 1-1.
The result might have been similar if based on the countries’ children’s rights record, with both scoring comparably low. Russia’s political players continue to set up a wall around children’s right to access information based on spurious claims of “protection”, as was noted in a recent CRIN policy paper on the issue. Meanwhile Algeria’s goalkeeper would have to perform an impressive aerial dive to save the State from criticism, as the Convention on the Rights of the Child has never made it onto the agenda of the constitutional court even though the CRC has been incorporated into national law and takes precedence over it, as is documented in CRIN’s report on access to justice for children in the country.
Belgium v United States
A thrilling match with neither team wanting to give up on their dream of going through to the next round, it needed extra time to decide Belgium as the winner. The United States’ performance here and overall in this World Cup defied everyone’s expectations, especially with its goalkeeper’s outstanding heroics.
However, in terms of children’s rights, Klinsmann’s team USA should be considered permanently offside, as it is one of only two countries which have yet to ratify the CRC, the other one being conflict-torn Somalia. On the other hand, “Result!” could be called for the considerable amount of convictions of senior members of religious institutions for the sexual abuse of children and large compensation payments made to victims across the United States. Perhaps even off the pitch, Belgium deserved to be the winner here as it has become the 11th (and latest) country to ratify the OP3, whilst only being the fourth State to accept the much-debated inter-state communications procedure. Both States, however, are left just dribbling the ball when it comes to children’s rights in access to information, as noted in CRIN’s recent policy paper.
Netherlands v Costa Rica
The quarter-final game between the Dutch and the “Ticos” was full of brilliant World Cup moments, crammed with excitement until the last second. Costa Rica, one of the great surprises of this tournament, ended up going out of the competition after penalties as the Netherlands’ coach Van Gaal, in a genius-like move, substituted the Dutch goalie who went on to save two of Costa Rica’s penalties.
On the child rights pitch, on the other hand, we might have seen Costa Rica come out just about on top. While both countries have banned corporal punishment in all settings, Costa Rica was hailed in January of this year for being the tenth nation to ratify the CRC’sThird Optional Protocol which paved the way for the UN’s complaints mechanism for children to enter into force. The Netherlands, meanwhile, deserves a booking for being among a group of States limiting children’s access to information for teaching creationism in school textbooks.
Brazil v Germany
Brazil’s 7-1 hammering by the Germans on their own turf in the semi-finals broke many Brazilian hearts - from players, to fans, and even to politicians. Hope for the early favourites to win had begun to decline after Brazil’s star striker wunderkind Neymar was stretchered off in a previous match after Colombia’s Juan Zuniga’s knee confused his back for the ball. And when it was Germany's turn, the team showed no mercy with its intelligent and ruthless use of footballing tactics. But would the result have been the same off the pitch?
Losing to Germany left many in Brazil in a state of denial, much like the country’s politicians when faced with criticism over the continuing abuses in juvenile detention - everyday news in the country. Brazil’s fair play displayed in its recent banning of corporal punishment - a goal also scored by Germany - was not present when informative material to combat homophobia in schools got sacked. Overall, Germany’s ratification of the third Optional Protocol of the CRC and strong institutional structures providing access to justice for children provide an elastic result - although probably not quite as bad as the “Seleção” meltdown.
The best of the rest
With 64 matches being played, it is not possible to cover each one in detail in this special edition CRINmail. However, nearly every competing team will be remembered at the tournament in some way, whether positively or not. We have therefore decided to make notable mentions of the remaining countries and their developments at the World Cup as well as in children’s rights.
Although small teams such as Croatia and Honduras may not have progressed past the group stage, they leave other States eating their dust thanks to their ban of corporal punishment in all settings. Portugal has also banned the practice, and although it was also another big-name casualty at the group stage of the World Cup, it can claim another prize which other competitors cannot: having ratified the Optional Protocol on a complaints mechanism for children. The Ivory Coast disappointed both football fans at the group stage and advocates on the children’s rights stage, as the country is still failing to offer full protection to children in armed conflict as noted in UN Secretary-General’s annual report on the issue.
Meanwhile, England’s exit at the first hurdle has meant more soul-searching for its players. But rather than wallow, perhaps the State should instead stop imprisoning children “during Her Majesty’s pleasure”, which allows for a person to be detained for the rest of his or her natural life, as covered in a CRIN report on life imprisonment of children in the European Union.
A wonder goal from Australia’s Tim Cahill couldn’t save the Aussie team from its early World Cup exit; and with draconian policies in place against migrant children arriving in the country, it seems that the authorities are not interested in respecting children’s rights either. On the plus side, formal investigations are under way into large-scale sexual abuse of children by Catholic clerics.
Ecuador may not have progressed to the next stage either, but it is only one of a handful of countries to have ratified the Domestic Workers Convention, which aims to ultimately end the use of children as domestic workers. Two of Africa’s representatives at this World Cup, Ghana and Cameroon, disappointed on the pitch with poor play and off the pitch with controversies of match-fixing and fraud. This disappointment extends to children’s rights, as neither nation has ratified the OP2 on the sale of children, child prostitution and child pornography. And even though Ghana may be remembered for their dancing goal celebrations, they should perhaps also focus on ratifying the OP1 to protect children in armed conflict.
The participation of the Republic of Korea was somewhat forgettable, while Bosnia scored its first-ever goal in a World Cup in this year’s tournament. But that is unfortunately where its celebrations ended. Both countries have come in for concerns in terms of children’s right to access information in schools, although the UN has noted that Bosnia has made some efforts to remove offensive and discriminatory material from school textbooks.
Switzerland and Mexico, against most people’s expectations, came agonisingly close to reaching the quarter-finals and thrilled their own fans and neutrals alike with their exciting brand of football. In one of the matches, Mexican goalkeeper Ochoa seemed to become a “brick wall” when making a save. However, the brick-like veil covering up cases of child sexual abuse by Catholic clergymen in Mexico appears to be lifting after the country’s church filed its first criminal complaint against a priest accused of abuse. Switzerland, on the other hand, can be yellow carded for not giving children full access to information after conservative groups forced a referendum on whether children under nine should receive compulsory sex education.
Greece’s penalty-takers in their second round match against Costa Rica were seen as brave. But a free kick should be given against the State for teaching creationism in schools at the expense of more balanced teaching, as noted in CRIN’s research on access to information. France may have lost to the eventual World Cup winners Germany in their quarter-final match, and likewise it continues to sit on the substitutes bench when it comes to children’s rights for failing to remove life imprisonment of children from its statute book. Lastly, Argentina as finalists may not have eventually lifted the trophy - or at least the desired trophy - but the nation emerges victorious with respect to protecting working children as the Domestic Workers Convention which comes into force in the country next year.
Conclusion
With the final whistle blown, this memorable World Cup placed international football at the forefront again. The American sides shone as they had never done before. Most of the African nations, bar Algeria, somewhat disappointed, and Germany did the unthinkable by becoming the first European team to win on Latin American soil. In some ways, this tournament will be remembered for the goalkeepers, with their great saves and excellent defending. CRIN hopes that when the next World Cup rolls around in four years’ time, children’s rights will have been just as robustly defended. As the general monitoring of children’s rights has shown, the CRC, seen as the goal-line technology of the human rights arena, needs to be better enforced.
The CRIN World Cup will make its next appearance in 2018. We will check back then to see whether the host nation, Russia, has not only prepared for the tournament, but also improved its own children’s rights record.
Further information:
NEWS IN BRIEF
Inhuman sentencing
Armed conflict & justice
Violence against children
Juvenile justice
Access to information & education
Freedom of expression
Migration
Health
Child labour
Calls for submissions
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ACCESS TO JUSTICE IN GUYANA
In this week’s instalment of our access to justice report series, we look at children’s access to justice in Guyana.
The Convention on the Rights of the Child (CRC) has been directly incorporated into the law of Guyana via the Constitution, but the state may divest itself of certain rights in the CRC by a two-thirds vote of the elected members of the elected assembly. Children may challenge violations of their rights in a number of ways, from making a complaint to the Rights of the Child Commission, to applying directly to the High Court for redress. A child can initiate court proceedings through his/her next friend, and may receive free legal assistance from the Children's Legal Aid Project to do so. However, backlogs and delays in Guyana's justice system, including delay in the opening of the Family Court, continues to hamper children's access to justice."
Read the full report on access to justice for children in Guyana.
This report is part of CRIN's access to justice for children project, looking at the status of the CRC in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
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UPCOMING EVENTS
Gender discrimination: 58th Session of CEDAW
Organisation: UN Committee on the Elimination of Discrimination against Women
Date: 30 June - 18 July 2014
Location: Geneva, Switzerland
Children’s rights: Online courses on children’s rights
Organisation: HREA - Human Rights Education Associates
Date: Multiple dates
Location: Online
Sociology: MA Sociology of Childhood and Children’s Rights
Organisation: Institute of Education, University of London
Date: 2014/15 academic year
Location: London, United Kingdom
Psychology: Children's Rights and Needs - Challenges to School, Family and Society
Organisation: International School Psychology Association (ISPA)
Event date: 15-18 July 2014
Location: Kaunas, Lithuania
Europe: Better public spending for better outcomes for children & families
Organisation: Eurochild
Call for papers deadline: 21 July 2014
Date: 26-28 November 2014
Location: Bucharest, Hungary
LGBT: Webinar on perspectives on LGBT suicide prevention
Organisation: The Williams Institute, UCLA
Application deadline: 24 July 2014
Location: Online
Course: MA Social Work in Child Rights
Organisation: Tata Institute of Social Sciences
Application deadline: 25 July 2014
Location: Mumbai, India
Bodily integrity: Whole bodies, whole selves - Activating social change
Organisation: Genital Autonomy et al.
Event date: 24-27 July 2014
Location: Colorado, United States
Participation: Children as Actors for Transforming Society - Young Advocates for Change
Organisation: Initiatives of Change et al.
Date: 26 July - 2 August 2014
Location: Caux, Switzerland
Crime prevention: ‘Police role with victims, youth, ethnic minorities & other partners’
Organisation: Bulgaria Ministry of Interior & the National Police
Date: 27-31 July 2014
Location: Sofia, Bulgaria
Europe: Ensuring the Rights of the Child, and Family-based Services
Organisation: International Foster Care Organisation
Date: 26-29 August 2014
Location: Waterford, Ireland
Africa: Keeping Children Safe in Africa - Identifying and addressing the challenges
Organisation: Keeping Children Safe et al.
Date: 3-5 September 2014
Location: Cape Town, South Africa
Mental health: Third European Conference on mental health
Organisation: Various
Date: 10-12 September 2014
Location: Tallinn, Estonia
Early intervention: Policy and practice
Organisation: Children and Young People Now
Application deadline: 12 September 2014
Location: London, United Kingdom
Justice: Access to justice for children - Legal clinics & other instruments for the promotion of children's rights
Organisation: Save the Children - Italy
Date: 11-13 September 2014
Location: Pisa, Italy
Juvenile justice: ‘Making deprivation of children’s liberty a last resort - Towards evidence-based policies & alternatives’
Organisation: International Juvenile Justice Observatory
Call for papers deadline: 15 September 2014
Event date: 3-4 December 2014
Location: Brussels, Belgium
Statelessness: Global Forum on Statelessness
Organisation: Tilburg University
Date: 15-17 September 2014
Location: The Hague, Netherlands
International mechanisms: Training programme on International Human Rights Protection Mechanisms
Organisation: Robert F. Kennedy Center for Justice & Human Rights
Application deadline: 29 September - 3 October 2014
Location: Florence, Italy
Course: Master of Advanced Studies in Children's Rights
Organisation: University of Fribourg and the Institut Universitaire Kurt Bösch
Application deadline: 30 September 2014
Location: Sion and Fribourg, Switzerland
Best interests: Developing Child-Centred Practice in Law, Social Work and Policy for Cross-Border Families
Organisation: International Social Service – USA Branch
Date: 2 October 2014
Location: Baltimore, United States
Violence: 7th African Conference on Child Abuse and Neglect
Organisation: African Network for the Prevention and Protection against Child Abuse and Neglect
Date: 13-15 October 2014
Location: Nairobi, Kenya
Digital media: Institutionalisation of child rights in the digital future
Organisation: UNICEF Turkey et al.
Date: 16-17 October 2014
Location: Istanbul, Turkey
Social protection: Sixth International Policy Conference on the African Child
Organisation: African Child Policy Forum
Date: 27-28 October 2014
Location: Addis Ababa, Ethiopia
Child protection: The role of child helplines in protecting children and young people online
Organisation: Child Helpline International
Date: 30-31 October 2014
Location: London, United Kingdom
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EMPLOYMENT
CRIN: Journalism Internship
Application deadline: 10 August
Location: London, United Kingdom
Watchlist on Children and Armed Conflict: Consultant to analyse the impact of the UN’s children and armed conflict agenda
Location: N/A
Application deadline: 21 July 2014
Institute for Cultural Diplomacy: Internships
Location: Berlin, Germany
Application deadline: N/A
European Roma Rights Centre: Gender Equality Research Fellows
Application deadline: 24 July 2014
Location: Budapest, Hungary
Save the Children Sweden: Humanitarian Officer
Application deadline: 27 July 2014
Location: London, United Kingdom
Plan International: Administrative & Finance Assistant
Application deadline: 29 July
Location: Panama City, Panama
Reprieve: Operations Officer
Application deadline: 30 July 2014
Location: London, United Kingdom
Save the Children Sweden: Child Protection Advisor
Application deadline: 10 August 2014
Location: London, United Kingdom
The Last Work
"[T]he World Cup is not there to solve problems or create problems. A World Cup is a World Cup."
-- Jérôme Valcke, FIFA’s second highest ranking figure, in relation to the human rights concerns arising as a result of the organisation of major sporting events, and whether sports associations should assume a role of greater social responsibility.
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