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THE YEAR IN CHILDREN'S RIGHTS:
CRIN annual report 2013-14
CRIN's 2013-14 annual report wraps up our work in the past year and the events that shaped it. The report gives a round-up of new or persisting children’s rights issues with case studies from around the world. It also explains some of the philosophies that guide our work and the strategies we are developing to carve out steady, indelible reform, specifically: how we’re promoting free and accessible information for all, using the law and seeking out partners in all regions of the world.
Download the report.
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LATEST NEWS AND REPORTS
Argentina bans corporal punishment of children
Argentina has banned all forms of corporal punishment of children, including in the home. Article 647 of the recently enacted Civil and Commercial Code explicitly prohibits all corporal punishment of children: “All forms of corporal punishment, ill-treatment and any act that physically or mentally injures or impairs children and adolescents are prohibited….” With the new law, the State has become the 41st State worldwide, and the seventh in Latin America, to fully protect children from all forms of corporal punishment by law.
Further information:
Doctors say mandatory detention is ‘abusive’
More than 80 percent of Australian paediatricians believe that mandatory detention of migrant children constitutes child abuse, according to a study that looks at paediatricians’ attitudes towards the treatment of migrants. Professor David Isaacs, a Sydney paediatrician and co-author of the study, says the refugee children he has treated often suffer from post-traumatic stress disorder, night terrors and bed-wetting. “They’re fleeing horrible situations, often where their parents have been harmed and shot at, and so these children are really traumatised and then we compound it by putting them in prison,” he said.
This is not the first time the medical community has criticised the treatment of migrant children in offshore detention centres. In August, the former chief psychiatrist responsible for the care of asylum seekers in detention, Dr Peter Young, said the migrant detention system is “inherently toxic” and deliberately harsh and harmful to people’s health. He said that it compromises the ethics of doctors, and that the process which asylum seekers endure is akin to torture. To add to these concerns, Australia recently signed an agreement with Cambodia, one of the poorest nations in Southeast Asia, to resettle refugees there - a move criticised by a coalition of leading human rights and welfare agencies which say “It is inappropriate because Cambodia has no capacity within its social sector to take an influx of refugees. Immoral because these vulnerable people are Australia’s responsibility [and] it appears illegal in contravening Australia’s humanitarian and refugee obligations to vulnerable children and families. ”
Meanwhile in Israel, the High Court has overturned a provision allowing refugees to be jailed without trial for up to a year. In its reasoning, the court said: “A democratic society cannot deprive people of freedom for such a length of time when they don’t pose any danger and aren’t serving a sentence for a crime they committed, even if this deprivation of freedom has benefits.”
Gender bias and torture fears in juvenile system
The juvenile justice system practices gender bias in the state of Vermont in the United States, according to a new report by the Vermont Center for Justice Research. Marcia Bellas, a researcher who performed the study, which also looks at possible race bias in the system, found that juvenile females in court are seen as acting outside their gender stereotype and are therefore treated more punitively.
In Turkey, a 15-year-old boy held in juvenile detention was raped on two occasions, despite requests to be moved to safer accommodation following previous incidents of violence towards him by guards and inmates. This is not an isolated case, with critics saying that juvenile detention centres in the country have become “venues for torture”.
Complaints over school dress codes
In Kenya, a mother has taken a school to court for refusing to enrol her son because he wears dreadlocks. Only girls at the Rusinga School in Nairobi are allowed to have dreadlocks, according to the headmaster. But the boy’s mother argues that the school’s dress code does not ban dreadlocks, claiming that the school’s decision not to enrol her son is discriminatory on the basis of his gender.
In Bulgaria, a girl who was expelled from school in 2010 for refusing to remove her headscarf will appeal a court decision, which ruled that the expulsion was not religious discrimination. The Sofia Administrative Court said the school, which is secular, acted in accordance with its internal rules and procedures, which do not make allowances on religious grounds. But the girl and her parents, who are Muslim, say that any prohibition on wearing a headscarf, which they see as a religious duty, is religious discrimination. Meanwhile in Turkey, the government has lifted a ban on wearing headscarves in schools, which it says should be considered as a move to strengthen freedoms and democracy.
Student protests and school walkouts over “sexist” dress codes are gaining momentum in the United States, with female students arguing they are “humiliated” for not covering up. In what has been coined as “slut shaming”, many schools say that girls who reveal skin or wear figure-hugging clothing such as leggings or yoga pants could “distract” other pupils, with some even sending students home for making them wear oversized “shame suits”, which one parent said amounts to humiliation. According to the ThinkProgress journalist, Tara Culp-Ressler, the language used in the dress codes reinforces the idea that women’s bodies are inherently tempting to men and it is their responsibility to cover themselves up. She says: “if students are taught that girls need to dress a certain way so they don’t ‘distract’ boys, that ultimately furthers the idea that boys can’t control themselves — and that unwanted sexual attention is sometimes justified because girls are ‘asking for it’ with their short skirts and low-cut tops.” In an expression of protest, students across the country have adopted the hashtag #iammorethanadistraction. And in one school in New York, an anonymous leaflet was handed out among staff, which read: “It’s hot outside. Instead of shaming girls for their bodies, teach boys that girls are not sexual objects.”
UN news
Last week was a busy week at the UN, with the Committee on the Rights of the Child holding its 67th Session and the Human Rights Council its 27th Session.
The Council held a session on "accelerating global efforts to end violence against children" - a panel discussion focused on the recommendations of the 2006 UN Study on Violence against Children, which reaffirmed the role of the Human Rights Council in tackling the issue.
Worryingly, a group of NGOs under the name of the UN Family Rights Caucus organised three side events where they challenged key children's rights as defined under the Convention on the Rights of the Child (CRC), the authority of the CRC and its interpretation by the Committee. The group advocated for the recognition of parents' rights over children's rights and the inclusion of the protection of the family as a Sustainable Development Goal in the post 2015 agenda.
Read more news on children’s rights at the UN during September.
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ACCESS TO JUSTICE FOR CHILDREN IN MONGOLIA
In this week’s instalment of our access to justice report series, we look at children’s access to justice in Mongolia.
The CRC has been ratified and is considered to form part of the national legal system in Mongolia, however, it only takes precedence over just half of the country’s laws. The Convention is not applied by the Courts. Children aged 14 to 18 can defend their rights in court, but the judge may decide to involve their parent or legal guardian. Children under 14 years old must be represented by a parent or guardian in all cases. In addition to the court system, there is a national human rights institution which receives complaints, however, it has limited powers to address violations.
Read the full report on access to justice for children in Mongolia.
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
Monitoring: Workshop on 'Monitoring Children’s Rights'
Organisation: Human Rights Education Associates
Date: 13-15 October 2014
Location: Brussels, Belgium
Detention: Special panel discussion on children deprived of liberty
Organisation: Global Study on Children Deprived of Liberty
Date: 14 October 2014
Location: New York, United States
Digital media: Institutionalisation of child rights in the digital future
Organisation: UNICEF Turkey et al.
Date: 16-17 October 2014
Location: Istanbul, Turkey
LGBT: Rights on the move - Rainbow families in Europe
Organisation: University of Trento et al.
Date: 16-17 October 2014
Location: Trento, Italy
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 labour: Course on eliminating harmful practices in agriculture
Organisation: International Labour Organization
Date: 27-31 October 2014
Location: Turin, Italy
Europe: 'Senior Citizens and Young Children Building Age-Friendly Communities in Europe'
Organisation: TOY - Together Old & Young
Date: 28 October 2014
Location: Leiden, Netherlands
Poverty: Understanding child and youth poverty - Beyond ‘business as usual’
Organisation: Development Studies Association
Date: 1 November 2014
Location: London, United Kingdom
Child labour: Course on ‘Laws, policies and reporting tools - supporting the fight against child labour’
Organisation: International Labour Organization
Dates: 3-7 November 2014
Location: Turin, Italy
Street children: 'Do I count if you count me? A critical look at counting street-connected children'
Organisation: Consortium for Street Children
Date: 4 November 2014
Location: London, United Kingdom
Pro bono work: 2014 European Pro Bono Forum
Organisation: PILnet - Global Network for Public Interest Law
Date: 5-7 November 2014
Location: London, United Kingdom
Gender: 2nd MenEngage Global Symposium 2014
Organisation: MenEngage
Date: 10-13 November 2014
Location: New Delhi, India
Childhood: 6th World congress on childhood and adolescence
Organisation: Various
Date: 12-14 November 2014
Location: La Puebla, Mexico
Children's rights: International conference - 25 Years CRC
Organisation: Leiden University et al.
Date: 17-19 November 2014
Location: Leiden, Netherlands
Courts: Children’s rights moot court competition
Organisation: Leiden University
Date: 18-20 November 2014
Location: Leiden, Netherlands
Palliative care: 2nd Congress on Paediatric Palliative Care
Organisation: Maruzza Foundation
Date: 19-21 November 2014
Location: Rome, Italy
Migrant detention: ‘End Immigration Detention of Children in Asia’ - Call for Film Submissions
Organisation: Asia Pacific Refugee Rights Network
Date: 20 November 2014
Location: Bangkok, Thailand
Public spending: 'Children First: Better Public Spending for Better Outcomes for Children & Families'
Organisation: Eurochild
Date: 26-28 November 2014
Location: Bucharest, Romania
Juvenile justice: ‘Making deprivation of children’s liberty a last resort - Towards evidence-based policies & alternatives’
Organisation: International Juvenile Justice Observatory
Event date: 3-4 December 2014
Location: Brussels, Belgium
Discrimination: ‘Children’s right to non-discrimination’
Organisation: CREAN - Children’s Rights Erasmus Academic Network
Date: 4-5 December 2014
Location: Vilnius, Lithuania
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EMPLOYMENT
Consortium for Street Children: Communications Manager
Location: London, United Kingdom
Application deadline: 13 October 2014
Children's Rights Alliance for England: Director (maternity cover)
Location: London, United Kingdom
Application deadline: 27 October 2014
LEAK OF THE WEEK
A family judge in Argentina, well aware that parents behaving badly during divorce proceedings can negatively affect their children, ordered two such parents to sit down together with their two children to read them the Convention on the Rights of the Child.
The relationship between the parents wasn’t amicable, with one refusing to talk to the other. According to the judge, this situation affected the children’s relationship, given that one child lives with his mother, while the other lives with his father. The judge ruled that the reading sessions, which will take place once a week in the courthouse in the presence of a social worker, are intended to help the parents to “fully understand and recognise that their children are people”.
Also included in the reading list are Ethics for Amador, which narrates a father’s discourse to his son on life and values, as well as the family favourite The Little Prince.
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