CRINmail 1414

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LATEST NEWS AND REPORTS

Top court rules no minimum age to know parents

The German Supreme Court has ruled that children of all ages have the right to know both of their parents - including if their biological father was an anonymous sperm donor. Until now German law stated that the child or children of a donor could not request the identity of their biological father until they reached 16 years of age. But the Supreme Court held that "a minimum age is not necessary" for disclosing a sperm donor's identity to a child, and that sperm donors’ right to remain anonymous will generally be trumped by the right of the child to know both of his or her parents. The decision was handed down in the case of two sisters, aged 12 and 17, who had appealed to the Supreme Court after a reproductive clinic refused to provide the biological father’s identity, as the girls’ legal parents had initially waived the sisters’ right to know.

Article 7 of the Convention on the Rights of the Child affirms children’s right to know their parents, as far as possible, without any distinction based on age, and States should not set arbitrary age limits to this right. Most other countries which have banned donor anonymity, however, give children the right to access such information once they reach the age of 16, as is the case in the Netherlands. In the United Kingdom non-identifying information about the donor can be obtained at 16, and identifying information at 18. Exceptionally, the age limit in Austria is set much lower at 14 years of age. In Sweden, legislation provides for the right of children who are deemed “sufficiently mature” to receive the information, and formal guidance from the National Board of Health and Welfare indicates that children in the upper teens should be considered so.

Deprivation of liberty

The Australian high court has ruled with four votes to three that the detention of 157 Tamil asylum seekers, including 50 children, at sea for a month was lawful at all times. Having fled Sri Lanka out of fear of persecution, the migrants were intercepted at sea and held on an Australian customs vessel in windowless rooms for 22 hours a day with no access to translators and only limited access to legal representation. The Human Rights Law Centre, which was part of the legal team representing the plaintiff in court, said: “Incommunicado detention on the high seas is a clear breach of Australia’s international human rights obligations. Unfortunately, today’s decision confirms that [Australia’s] domestic law allows the government to breach those obligations.”

Children in closed institutions in Bulgaria are often unlawfully or arbitrarily deprived of liberty for long periods of time, according to a report by the Bulgarian Helsinki Committee (BHC). The report presents an overview of the human rights situation in closed institutions where children are deprived of liberty, with Krassimir Kanev, chairman of BHC saying: "The main conclusion of the study is that children are often unlawfully or arbitrarily deprived of liberty, without the principles of proportionality and necessity of the deprivation of liberty being applied.” The report also found that children from vulnerable groups are overrepresented in closed institutions, especially those from ethnic minorities, poor backgrounds, or with special needs; victims of sexual abuse are not provided with specialised care; some institutions have no access to lighting, ventilation, heating and hot water or sanitary facilities; and children have limited access to education and contact with their families. 

In Georgia, a new draft law on juvenile justice prohibits life imprisonment of children and requires that children in conflict with the law only be detained as a last resort. The bill, which has been developed with the support of UNICEF and the European Union, establishes a separate juvenile justice system with specially trained justice professionals. It also requires a wide range of diversion measures be used to ensure detention is used only as a measure of last resort. Read why life imprisonment of children is a form of inhuman sentencing. 

Egypt ‘covering up’ protester deaths

Authorities in Egypt are covering up the death of at least 27 people, including a 10-year-old boy, after they were killed in demonstrations marking the Egyptian Revolution of 2011 that ousted former President Hosni Mubarak, says Amnesty International. The organisation says police repeatedly fired tear gas, shotguns and other firearms into crowds of peaceful protesters. Some security forces also waited several hours before intervening in violent clashes between protesters and others, with this delay in response leading to several deaths. Official investigations into the deaths are allegedly whitewashing evidence, according to Amnesty International, as it says witnesses have been intimidated, at least two journalists detained and 500 protesters, including nine children, are held in clandestine detention centres. Egyptian Interior Minister Mohamed Ibrahim has accused those detained of supporting the Muslim Brotherhood.

Sexual abuse in religious institutions

Members of Australia's Orthodox Jewish community who assist police investigations on alleged child sexual abuse have been pressured to stay silent, secret tape recordings and emails have revealed. In a series of emails, three influential members of St Kilda's Yeshivah community say an abuse victim had “crossed red lines”, warning that if the victim continued "to stick his nose where it doesn't belong", a new article about the victim would be posted on an "anonymous blog". In a 2011 legally recorded telephone call, the lawyer of St Kilda Yeshivah centre sex offender David Cyprys told the same abuse victim of his disappointment over a Jew informing secular authorities on another Jew, "no matter whatever he is accused of [...] Because there is a tradition, if not a religious requirement that you do not assist against Abraham.”

In related news, Australia’s Royal Commission into Institutional Responses to Child Sexual Abuse has proposed a $4.38bn national scheme be set up for giving redress to victims of abuse by government and non-government institutions, which abuse survivors have welcomed.

Meanwhile in Spain, a judge has charged ten Catholic priests and two lay workers over the alleged sexual abuse of altar boys or being complicit in such acts, in what is the biggest case of clergy abuse so far uncovered in the country.

Read more about the campaign to end sexual violence in religious institutions.

Eggs, abortion & non-consenting drug tests

Schoolgirls in China are among those paid to donate eggs to infertile couples on the black market, according to a media report. Health experts have called for government regulation of the practice, as the agencies acting on behalf of infertile couples are misleading egg donors about the risks involved. While agencies are telling donors that retrieving the eggs only requires drug therapy and minimally invasive surgery, doctors say the dose of injections can cause different levels of damage to the ovaries, including bleeding, necrosis, and infertility if administered in large doses. The industry is also a profitable one, with some agencies in Guangzhou charging infertile couples up to 1.2 million yuan (US$190,000) for a boy. The package covers the cost of the eggs, surrogacy services and abortions if the foetus is a girl.

In Chile, a draft law seeks to ease the country’s complete ban on abortion. The bill, which will be discussed by Congress in March, would allow abortion when a pregnancy poses a risk to a mother’s life, a foetus will not survive the pregnancy, or in cases of rape. If approved, girls aged 14 to 18 will be able to seek abortion providing they have told their parents, while under-14s need parental consent. Other Latin American countries which currently have an absolute ban on abortion are El Salvador, the Dominican Republic, Nicaragua, Honduras, Haiti and Suriname. Chile’s prohibition was passed under dictator General Augusto Pinochet in 1989. Before that, abortions were permitted in special circumstances, including when there were serious health risks linked to a pregnancy. President Michelle Bachelet has championed reforms of Pinochet-era rules.

In Russia, a new draft law seeks to allow teachers and police to order drug tests on children without consent. According to the bill, children aged over 15 can be made to undergo medical tests if they find his or her behaviour strange and suspect the use of illegal drugs. Parents would only be notified of the testing once it is complete. Tests on younger children, however, would need parental consent. The main sponsor of the proposal, MP Irina Chirkova of the Lower House Committee for Women, Family and Children, claims it would increase the effectiveness of the government campaign against drug addiction. The proposals follow the introduction in January 2014 of voluntary testing of schoolchildren and university students for illegal drugs. 

Transparency issues

The UN Secretary-General plays a crucial role in tackling global challenges and improving the lives of seven billion people. But the process for selecting the best person for the job is opaque and outdated. Essentially, it places the appointment in the hands of the five permanent members of the UN Security Council. While States have the power to improve the appointment process and have even agreed on concrete proposals for change, it remains stuck in a time warp. 1 for 7 Billion is a global campaign supported by organisations and individuals around the world committed to securing a more open and inclusive selection process, with genuine involvement by all UN Member States. Such a process would increase support for the UN’s mandate, enhance its effectiveness and credibility, and reaffirm its global authority. Endorse the campaign here: http://www.1for7billion.org/

International Service for Human Rights has called on the Australian Government to “immediately cease efforts to discredit and undermine the Australian Human Rights Commission and defend the independence and integrity of its President in the face of unprecedented personal attacks”. The statement comes amid attempts to undermine the Commission's office in the run-up to the release of its report on a national inquiry into the impact of mandatory, indefinite immigration detention on children. Over the last year, the government has used drastic budget cuts and personal attacks on the Commission’s president’s judgement among its armoury against the Commission and therefore against human rights. National human rights institutions (NHRIs) should be completely independent from the government: they should stand above party politics, be totally impartial and fair and be able to criticise and make recommendations - the fulfilment of children's rights - and human rights in general - depends on it. Read more about NHRIs and CRIN’s transparency campaign. 

Correction

In our latest edition of the CRINmail on Children’s Rights at the United Nations we said that Jamaica had banned corporal punishment of children in the home. This is in fact not the case. The country’s Child Care and Protection Act (2004) only prohibits corporal punishment of children in alternative care. Its use is also prohibited in penal institutions. According to the Global Initiative to End All Corporal Punishment of Children, prohibition is still to be achieved in the home, daycare and schools in Jamaica. 

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ACCESS TO JUSTICE FOR CHILDREN IN VIETNAM

As a ratified international treaty, the Convention on the Rights of the Child has the force of law in Vietnam and its provisions take precedence over conflicting provisions of national law. Nevertheless, it is unclear whether the Convention is being directly enforced in the national courts. Children aged between six and 18 must authorise their legal representative to bring cases in court on their behalf, however, in labour and property law related disputes, children aged between 16 and 18 may act on their own behalf. Children aged under six years old, however, cannot authorise a representative to bring a case on their behalf. There are serious obstacles to access to justice because, although the courts have jurisdiction to hear cases alleging a violation of any constitutional or other legal right, the judiciary is not independent and administrative court decisions are subject to nullification by the government.

Read the full report on access to justice for children in Vietnam. 

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

Statelessness: International Conference - “None of Europe's Children Should be Stateless”
Organisation: European Network on Statelessness
Submission deadline: 15 February 2015
Dates: 2-3 June 2015
Location: Budapest, Hungary

Human rights: International Film Festival and Forum on Human Rights
Dates: 27 February - 8 March 2015
Location: Geneva, Switzerland

Justice Sector Reform: Training programme on applying human rights based approaches to justice sector reform
Organisation: International Human Rights Network
Application deadline: 28 February 2014
Event dates: 22-26 June 2015
Location: Maynooth, Ireland

Emergencies: E-online course on education in emergencies
Organisation: Human Rights Education Associates
Dates: 4 March-14 April 2015
Location: Online

Online safety: Protecting children on the internet
Organisation: Policy Knowledge
Date: 4 March 2014
Location: London, United Kingdom

Transnational child protection: Expert meeting on children on the move - children’s participation and discussion of the way forward
Organisation: Council of Baltic Sea States et al.
Date: 10-11 March 2015
Location: Stockholm, Sweden

Americas: Request for hearings for the 154th IACHR session
Organisation: Inter-American Commission on Human Rights
Event dates: 13-27 March 2014
Location: Washington DC, United States

Child labour: Course on ‘Skills & livelihood for older out-of-school children in child labour or children at risk of child labour
Organisation: ILO International Training Centre
Dates: 16-20 March 2014
Location: Turin, Italy

Health & well-being: Eradicating child poverty in the UK
Organisation: Public Policy Exchange
Date: 18 March 2015
Location: London, United Kingdom

Child abuse: 9th Latin American Regional Conference on Child Abuse and Neglect
Organisation: International Society for the Prevention of Child Abuse and Neglect
Dates: 26-29 April 2015
Location: Toluca, Mexico

Bodily integrity: 2015 Genital Autonomy conference
Organisation: Genital Autonomy
Dates: 8-9 May 2015
Location: Frankfurt, Germany

Justice systems: International Congress “Children and the Law”
Organisation: Fernando Pessoa University
Dates: 11-13 June 2015
Location: Porto, Portugal

Street children: International Conference on the Legal Needs of Street Youth
Organisation: American Bar Association et al.
Date: 16-17 June 2015
Location: London, United Kingdom

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EMPLOYMENT

CRIN: Russian-speaking Communications & Research Intern
Location: London, Unted Kingdom
Application deadline: 18 February 2015

Inter-American Commission on Human Rights: Internships
Location: Washington DC, United States
Application deadline: 8 March 2015

International Rescue Committee: Reading Advisor
Location: Islamabad, Pakistan
Application Deadline: N/A

LOVE146: Residential deputy manager
Location: Hampshire, United Kingdom
Application Deadline: Until filled

LOVE146: Safe accommodation live-in worker
Location: Hampshire, United Kingdom
Application Deadline: Until filled

JARGON OF THE WEEK: NGO acronyms

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