CRINmail 1418
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LATEST NEWS AND REPORTS
Death penalty and juvenile justice
In Pakistan, a man who was sentenced to death at the age of 16 is at risk of being executed in Karachi this week, the organisation Justice Project Pakistan (JJP) has warned. Muhammad Afzal, along with another man, were given the death penalty by an anti-terrorism court in 1999 for allegedly killing a man during a robbery, despite not being terrorists or having any affiliation with a terrorist organisation. A 2014 report by Reprieve and JJP documents the “overuse” of anti-terrorism laws in the country, even for offences that have “no link to anything that could reasonably be defined as terrorism,” partly due to the vague definitions of “terrorism” in the legislation. The execution of Afzal and Muhammad Faisal was set for 5 March, but earlier this week the Sindh High Court stayed their execution, pending review of the constitutionality of their sentences. Nonetheless, the Court has not considered the issue of juvenility in the case.
In India, a parliamentary standing committee has rejected the government's proposal to transfer children in conflict with the law to adult courts. The Juvenile Justice (Care and Protection of Children) Bill 2014, which was introduced into Parliament by the Ministry of Women and Child Development in August last year, sought to allow children aged 16 and over who allegedly commit heinous offences to be tried and sentenced as adults. However, in reviewing the Bill the parliamentary committee concluded that transferring children to the adult judicial system would violate the Convention on the Rights of the Child and the Constitution. It stated that "all children below 18 years should be treated as children", and "the existing juvenile justice system is not only reformative and rehabilitative in nature but also recognises the fact that 16 [to] 18 years is an extremely sensitive and critical age requiring greater protection". The committee has recommended that all clauses of the Bill providing for differential treatment of children aged 16 to 18 be reviewed in light of the Committee's observations. The proposed Bill is the latest in a series of challenges to India's juvenile justice laws in the past two years in an attempt to treat alleged child offenders as adults.
Violence at Turkey’s juvenile detention centres has once again made the news, as prison records reveal that a 15-year-old was beaten to death by inmates at a prison in Istanbul while prison guards allegedly refused to help the victim as he was being beaten. A prosecutor’s report also indicates that prison authorities attempted to cover up the incident, with prison management saying that Onur Önal simply fainted in the worship room of the prison. Records also show that Önal was only taken to the hospital a day after the incident. A report on another juvenile prison shows that violence is rampant among detainees, including torture, rape and other sexual offences. It also claims that prison guards are poorly audited, and often exceed their authority and abuse their position of power. Two national children’s rights commissions are calling for abusive prison staff to be held accountable and for the creation of a behavioural code for staff at juvenile prisons.
Violence against children
France is in violation of European human rights standards on the protection of children from violence for not explicitly banning all corporal punishment of children in all settings, ruled the Council of Europe’s (CoE) European Committee on Social Rights this week. The Committee, which monitors States’ compliance with the European Social Charter, noted that while French law forbids violence against children, it also recognises parents' "right to discipline" children, meaning that the purported ban is “not sufficiently clear, binding and specific”. The decision follows a complaint submitted under the collective complaints procedure by the Association for the Protection of All Children (APPROACH), which claims that France, as well as Belgium, Cyprus, Czech Republic, Slovenia, Italy and Ireland, were not complying with their obligations under the Charter, which requires CoE Member States to protect children and young people from violence. Out of the States being challenged in the collective complaint, Cyprus is so far the only one to have explicitly banned corporal punishment of children since the complaint were declared admissible in July 2013. The Committee is expected to announce its decisions on other countries included in the APPROACH complaint in May.
In Australia, the parliament of the state of Victoria has introduced legislation to lift the time limits for child abuse victims to bring civil claims. Under current laws, civil claims must be brought within six years from the date on which the victim realises she or he has been abused, or 12 years from the date of the alleged abuse, whichever is earlier. But if the alleged abuser is a parent, guardian or close associate of a parent, there is a longer time frame, including up until the victim turns 37 years of age. Under the new laws, child abuse victims will be able to seek civil damages from those responsible, including organisations, regardless of when the abuse occurred. The removal of time limits is one of several recommendations of the state’s inquiry into the handling of child abuse by religious and other organisations, all of which the Victorian Government has decided to implement. Victoria is the first state in Australia to act on this matter, and there are similar plans in New South Wales in response to findings by the royal commission into institutional responses to child sexual abuse.
Health and autonomy
In West Africa, authorities tackling Ebola must take special measures to combat the high death rate among young children, says a February report by the World Health Organization (WHO). The report notes that the death rate among children infected with Ebola is as high as 95 percent for those under the age of one, and 80 percent for under five years old. The report says the high death rate is linked to the effects of being separated from a parent and placed in isolation in order to prevent the spread of the disease. This, the report informs, denies young children the round-the-clock attention and regular nutrition they require. The report also notes the psychological impact of isolation on children.
In Chile, a debate on assisted suicide has been triggered after a 14-year-old girl suffering from cystic fibrosis posted a Youtube video of herself expressing her wish to allow doctors to end her life. In the video the girl says she is tired of the lack of options for treatment and her low quality of life. Cystic fibrosis attacks the lungs and vital organs, making it difficult to breathe and causing recurrent infections. The girl’s father said it is hard to hear his daughter's wish to die, but “I have to respect my daughter's decision. She wants to be at rest." The government subsequently denied her request.
In Germany, the debate on assisted suicide and euthanasia shows an increased recognition that blanket laws on the right to life are a breach of human dignity when they cause suffering by forcing a person to continue living despite untreatable pain and an express wish to die. Meanwhile in Canada, the Supreme Court struck down a ban on assisted suicide as a violation of the right to life, arguing that such bans can drive people with degenerative or untreatable illnesses to kill themselves prematurely out of fear that they would be incapable of ending their life when they reached the point where suffering was intolerable.
Access to information
Kazakhstan's Senate has passed amendments to a number of laws to protect children from information "harmful to their health and development". The new regulations include a ban on promoting non-traditional sexual orientation, and requires the registration of all websites. Gulnara Zhuaspaeva, a member of the East Kazakhstan Regional Bar Association, said "There is no need to create a special body for the purpose of censoring and sorting data. In general, users receive information according to their needs, education and background. And banning information only enhances interest in it."
Still in Central Asia, the mayor of Tashkent, Uzbekistan, has issued a decree requiring internet cafes and computer clubs to close by 9pm to protect children from the spread of "violent and immoral" content. Online content has been blamed for contributing to the "growing prevalence of violent crimes committed by juveniles." The decree bans children from internet cafes during school hours and requires them to be accompanied by a parent or guardian at "late hours". These restrictions are a common form of status offences, which disproportionately affect children. Status offences encompass acts that would not be considered a crime if committed by an adult. Read CRIN’s report on status offences.
In further news on children’s access to information, parents in Ontario, Canada, have been told they can opt their child out of elements of the new health curriculum relating to sex education. The curriculum begins with discussions about healthy relationships and anatomy in Grade 1, and leads to discussions of anal sex and contraception by Grade 7. According to Education Minister Liz Sandals, material about sex constitutes just 10 percent of the document, with other aspects including nutrition and the importance of physical activity. Ms Sandals clarified that the Education Act allows parents to withdraw their child from content they don't want them to receive. In practice, this includes anything from evolution to Harry Potter books (because they glorify witchcraft). Michael Barrett, president of the Ontario Public School Boards Association, insisted however that "the human rights pieces of curriculum, you're not going to be able to exempt your child from those."
Meanwhile in Kansas, United States, a senator is seeking to criminalise the distribution of 'harmful materials' to children in schools. The bill proposed by Senator Mary Pilcher-Cook would criminalise “any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance [sic].” The bill looks set to pass the state Senate this week, and carries a penalty of up to six months in jail. The American Civil Liberties Union of Kansas, together with teachers, has criticised the bill for its overly broad language, warning that teachers could be targeted for presenting appropriate material including books with sexual or controversial themes, such as those contained in the novel Huckleberry Finn, as well as anatomy lessons, or art history classes. Communications director at the Kansas National Education Association, Marcus Baltzell, noted that "one person's objection about something is now putting a blanket of silence, a blanket of censorship over an entire state. Is that what we want?"
See CRIN’s campaign: Protect children, end censorship.
Discrimination and homeschooling
The United States Supreme Court appears to be in support of a discrimination claim by a 17-year-old Muslim girl against the clothing retailer Abercrombie & Fitch after it allegedly refused to give her a job because she wears a headscarf. US legislation states that employers must “reasonably accommodate” religious beliefs of their employees so long as it does not cause any undue hardship to the business. Abercrombie & Fitch argues that the plaintiff should have asked for a religious exemption at her job interview. A decision on the case, that is brought to court by the Equal Employment Opportunity Commission and supported by various religious groups, as well as gay and lesbian rights organisations, is expected inMay.
Meanwhile, an increasing number of African American parents in the US are homeschooling their children to protect them from institutional racism and stereotyping which they say they encounter in state schools. Currently, around 220,000 African American children are taught at home with numbers rising. Studies show that the parents are unhappy with the way their children - especially boys - are treated in schools, citing the culture of low expectations for African Americans. This phenomenon has been coined "racial protectionism" by Ama Mazama of the African American Studies department at Temple University. It stands in stark contrast to the reasons given by white homeschool families, which are usually based on religious or moral disagreements with the state school curriculum.
UN news
The 28th session of the Human Rights Council (HRC) is under way in Geneva. Out of the Council’s three annual sessions, the March session is the most relevant for children’s rights because this is when the Council’s annual day on the rights of the child takes place. This year’s theme will be on “better investment in the rights of the child”, and will take place on Thursday 12 March. CRIN will be reporting live from Geneva next week, producing daily editions of our UN CRINmail, covering discussions and developments that unfold.
Further information:
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ACCESS TO JUSTICE FOR CHILDREN IN BELIZE
Belize has ratified the Convention on the Rights of the Child and, although the Convention was not directly incorporated through legislation, the Supreme Court of Belize has ruled that the CRC is applicable “with appropriate modifications to suit the circumstances in Belize”. Children are unable to bring cases by themselves, except suits for recovery of wages owed to them. In all other cases, the assistance of a “next friend” is generally needed but the courts have a discretionary power to make an order permitting the minor to conduct proceedings without a next friend. Legal aid structures are weak and pro bono practice is not well established. In addition to the judicial system, complaints of violations of children’s rights by actions of administrative authorities may be submitted to the Ombudsman.
Read the full report on access to justice for children in Belize.
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
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: 154th session of the IACHR
Organisation: Inter-American Commission on Human Rights
Date: 17-20 March 2015
Location: Washington DC, United States
Health & well-being: Eradicating child poverty in the UK
Organisation: Public Policy Exchange
Date: 18 March 2015
Location: London, United Kingdom
Sexual exploitation: ‘Multi-Agency Child-Centred Practice’
Organisation: Children & Young People Now
Date: 25 March 2015
Location: Birmingham, 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
Statelessness: International Conference - 'None of Europe's Children Should be Stateless'
Organisation: European Network on Statelessness
Dates: 2-3 June 2015
Location: Budapest, Hungary
Child rights: 9th European Forum on the Rights of the Child
Organisation: European Commission
Date: 3-4 June 2015
Location: Brussels, Belgium
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
Justice sector reform reform: Training programme on applying human rights based approaches to justice sector reform
Organisation: International Human Rights Network
Event dates: 22-26 June 2015
Location: Maynooth, Ireland
Funding opportunity: Advocacy fund on post-2015 violence against children agenda
Organisation: Elevate Children Funders Group
Application deadline: 31 July 2015
Location: N/A
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EMPLOYMENT
CRIN: Legal research volunteer/ Pro bono lawyer (Hebrew-speaking)
Location: Flexible
Application deadline: 8 April 2015
IBFAN-GIFA: Programme Officer
Location: Geneva, Switzerland
Application Deadline: 8 March 2015
Inter-American Commission on Human Rights: Internships
Location: Washington DC, United States
Application deadline: 8 March 2015
Caucus for Children’s Rights: Community Manager
Location: Arusha, Tanzania
Application Deadline: 12 March 2015
Oak Foundation: Call for organisation to lead project on understanding resilience in children exposed to abuse and exploitation
Location: N/A
Application deadline: 3 April 2015
THE LAST WORD
“The fact that the Government of Sindh has scheduled the execution of yet another child after the near execution of 14-year-old Shafqat Hussain is appalling. [...] How many Shafqat Hussain’s and Muhammad Afzal’s will it take before the State acts responsibly and fixes the flaws in our criminal justice system that is killing our innocent children?”
-- Maryam Haq, Legal Director of Justice Project Pakistan, responding to news of the imminent execution of the alleged juvenile offender Muhammad Afzal in Pakistan, less than two months after another juvenile’s death sentence was halted.
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