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LATEST NEWS AND REPORTS

Juvenile justice

A nine-year-old child is facing trial before a military court in Egypt alongside his father for allegedly attacking security forces and burning electricity transformers in protests following the ousting of president Morsi in 2013. While Egypt has recently taken steps to promote some children’s rights, trials of children before military courts persist, with 43 children believed to have been investigated and tried in the military justice system between 2011 and 2012. A decree passed by Egyptian President Abdel Fattah Al-Sisi in late 2014 expanded the scope of military courts to include civilians charged with attacking “public and vital” property, including electricity facilities. Trials of children in the military courts take place behind closed doors and often without representation by a lawyer.

Palestinian children are also subject to “widespread, systematic and institutionalised" ill-treatment within the Israeli military justice system, according to a new UNICEF publication. Despite recent legal reform, evidence collected since 2013 shows continued and persistent reports of ill-treatment against Palestinian children by Israeli forces. According to the report, children are often vulnerable to multiple rights violations during arrest, transfer, interrogation and detention, including being blindfolded, painfully hand-tied, subjected to physical violence, verbal abuse and intimidation, not being adequately notified of their legal rights and strip-searched. This second update by UNICEF on its engagement with the Israeli authorities regarding children in military detention covers the period from March 2013 to November 2014. Also read a CRIN article on this subject.

In other news, a 15-year-old has been beaten to death in a juvenile detention centre by four other inmates in Rio de Janeiro, Brazil. Just two days before the killing, the World Organization Against Torture and Justiça Global - together with the public defender's office and a member of the UN Subcommittee for the Prevention of Torture (SPT) - raised concerns with the authorities about detention conditions for juveniles in the state and the lack of action to tackle the climate of violence in such centres. Emio Gines, member of the SPT, declared: “This tragic death does not come as a surprise. There have been no improvements after the SPT visit in 2011. On the contrary, the conditions have been aggravated due to the overpopulation and the abuse of detention without adequate guarantees and subsequent judicial control.” The organisations have urged Rio’s state government to “protect the life and physical integrity of all the children under its custody, including through diligent investigations to verify possible action or omission of the state in the present case”.

The law enforcement establishment is also under fire in England and Wales, UK, where more than 400 children had a Taser drawn on them in 2013, according to figures obtained through a freedom of information request. The youngest person to be fired at with a Taser was 14, while the youngest to have a Taser aimed at them was 11, according to Home Office figures released to the BBC. This marks an increase on 313 children in 2012. Tasers are used to incapacitate a suspect by subjecting them to a 50,000-volt shock. They have been linked to a number of deaths in England and Wales in the past decade. Former Labour Home Secretary David Blunkett, who introduced Tasers, has called for a review of their use, saying: “For a youngster, 11 years old, a Taser is not in my view an appropriate way of dealing with a situation which clearly must have been out of hand, but where we need to train people to use much more traditional alternatives.” The Home Office confirmed that current Home Secretary Theresa May has ordered an investigation.

Juvenile justice issues, including protection of children against torture and the death penalty, are also high on the agenda of the UN Human Rights Council this week at its 28th session in Geneva. On Monday, UN Special Rapporteur on torture Juan Mendez said in his annual report that even short periods of incarceration can “jeapordise a child’s cognitive development”. Mr Mendez denounced how some States subject child offenders to the adult justice system and its heavier sentences, calling for an end to this practice, as well as for a global ban on the death penalty and life imprisonment in all its forms.  

Read a special edition of our Children’s Rights at the United Nations CRINmail round-up of day one of the session.

Violence against children

A 12-year-old boy died in Cairo, Egypt, on Sunday after being severely beaten by his teacher. The boy suffered a brain haemorrhage after the attack which was inflicted because he didn't do his homework. The teacher said he had "no intention to kill him but the beating was part of discipline", according to state-run newspaper Al-Ahram Al-Masa'i. The National Council for Childhood and Motherhood reported that attacks on children increased by 55 percent compared with the average over the previous three years, highlighting that 50 percent of cases of violence against children were registered in schools. The education ministry said it has launched an 'urgent inquiry' into the circumstances of the boy's death and the teacher involved has been suspended.

The Global Initiative to End All Corporal Punishment of Children and Save the Children have published a new briefing to support efforts to place corporal punishment as a key element of eliminating family violence. The briefing sets out why excluding prohibition of corporal punishment from laws on domestic violence fails to address the issue adequately and to fulfil obligations under international human rights law – and why this can only undermine the promotion of violence-free homes. The publication prefigures the 59th session of the Commission on the Status of Women this month which will examine global progress towards addressing violence against women in the 20 years since the adoption of the Beijing Declaration and Platform for Action in 1995.

Statistics on violence against children are in from Turkey, revealing that some 1,539 people, including 112 children, were injured by the country's security forces during the 2014 protests. The Human Rights Association’s report further highlights that some 64 out of the 1,021 people who were subjected to torture or ill treatment while in custody were children. The report, which was prepared by gathering individual complaints to the group’s branches, information from local and national media outlets, reports from other NGOs and state institutions, also details the number of victims of torture outside of custody, ‘honour killings’ and other forms of violence.

Armed conflict

Four years on from the eruption of conflict in Syria, atrocities continue with impunity. In this context, CRIN has published an article looking at what is being done around the world to hold perpetrators responsible for human rights violations committed during the conflict. While in the present circumstances, international justice is a distant prospect, the available mechanisms to hold perpetrators are not extinguished. In certain cases, the national courts of other States have jurisdiction over crimes committed in Syria. It may also be possible to hold non-citizens to account under ‘universal jurisdiction’ which, when part of a national legal practice, allows prosecutors to pursue individuals who have allegedly committed grave international crimes in other countries - even if neither the victim nor accused is a national of the prosecuting State.

Also in Syria, Islamic State has released a video which appears to show a child executing a man accused of joining the group as an informant for the Israeli security services. The video carries a message saying “Our eyes are on Jerusalem, which will not be taken back.” A previous video posted by Islamic State purported to show a child executing a Russian spy. The Independent Commission of Inquiry on Syria says that the litany of rights violations committed by the group include recruitment and use of children as young as 12 to carry out suicide bombings and executions.

Violence and impunity also retain their grip in Nigeria where suspected Boko Haram militants attacked Njaba, a remote village in the north-east of the country last Thursday. An estimated 68 residents, including children, were killed during the raid. Survivors accuse the gunmen of deliberately targeting children. Meanwhile, some 80 children rescued from a Boko Haram camp in Cameroon are said to have spent so long with their captors that they have forgotten their own names, according to a UN official. The children - aged between 5 and 18 - did not speak English, French or any local languages, says Christopher Fomunyoh, a director for the National Democratic Institute (NDI) based in the United States. Nigerian President Jonathan Goodluck has been widely criticised for failing to curb the insurgents’ incursions in a surge that has left thousands dead and 1.5 million displaced. However, since an announcement on 7 February that the presidential election would be delayed until 28 March to give the army time to dampen the insurgency, some 30 villages are reported to have been reclaimed from Boko Haram. Commentators attribute the progress to new tactics and better cooperation between the Nigerian army and troops from neighbouring countries who are blocking off escape routes.

Immigration detention

More than 700 unaccompanied children who sought entry into Europe by crossing the Mediterranean Sea are still living in short-term reception facilities in Italy, awaiting placement in children’s homes. On 28 February, 88 children were transferred to child care centres after having spent almost two weeks in a reception facility on Lampedusa. Just four days later, almost 1,000 migrants including children from Syria were rescued when their boats capsized. The European Union has come under pressure to revamp its immigration policies since a boat sank in waters between Italy and Tunisia last October, leaving 274 people dead. The European Commission is now planning to deal with asylum applications outside of Europe before migrants reach the continent.

Meanwhile, a United States federal court has temporarily halted the detention of mothers and children migrating to the US while their asylum claims are assessed. The lawsuit was taken by the American Civil Liberties Union (ACLU) on behalf of 10 mothers who are in detention with their children. The government’s claim that the detention was necessary to prevent mass immigration as a potential threat to national security was rejected by the judge: “Incantation of the magic word ‘national security’ without further substantiation is simply not enough to justify significant deprivations of liberty.” The ruling further emphasises evidence of the numerous ways detention can harm children. Judy Rabinovitz from ACLU states that the decision “made clear that the government cannot deprive individuals of their liberty merely to send a message to others.” The policy had been introduced as a reaction to last summer’s immigration surge including 57,000 unaccompanied minors arrived at the Mexican border. Most of them were fleeing from situations of violence in their Central American home countries.

Sexuality & rights of adolescents

Draft laws aimed at boosting the population in Iran will undermine women and girls’ access to contraception and send the country back decades, says a new report by Amnesty International. The Bill to Increase Fertility Rates and Prevent Population Decline (Bill 446) outlaws voluntary sterilisation - said to be the second most common method of contraception in the country - and blocks access to information about contraception. The second bill makes it harder for women without babies to get a job. The move puts an end to the country’s effective birth control programme adhered to for two decades which included subsidised vasectomies, free condoms and affordable contraceptives, and education on sexual health and family planning. “The authorities are promoting a dangerous culture in which women are stripped of key rights and viewed as baby-making machines rather than human beings with fundamental rights to make choices about their own bodies and lives,” says Hassiba Hadj Sahraoui, the organisation’s Deputy Director for the Middle East and North Africa. The bill was passed in parliament in August 2014 and is undergoing amendments recommended by the Guardian Council, which needs to approve it before it can become law. Read more on children’s rights in Iran in a joint alternative report to the Committee on the Rights of the Child just published.

This year the International Day against Homophobia, Transphobia and Biphobia ("IDAHO" or "IDAHOT") will focus on LGBTI Youth, recognising that children and young people with different sexualities and gender identities face violence, stigma and discrimination all over the world. IDAHO, which is held annually on 17 May is marked by organisations in over 130 countries and by all major international institutions and global leaders, from Ban Ki-moon to President Obama. There is no specific format for mobilising. Each organisation and network is welcome to join the mobilisation in whichever way is most appropriate for them. Find more information on the day at: www.dayagainsthomophobia.org. To discuss potential ideas for action, and how to join existing initiatives by local LGBTI groups, contact the IDAHO Committee at [email protected].

The UN Committee on the Rights of the Child is calling for written submissions for a General Comment on the rights of adolescents. If you have relevant research, findings from consultations with adolescents, examples of laws, policies, programmes, or evidence of good practice, please submit this information to [email protected]. Deadline for submissions: 1 April 2015. Visit the Committee's webpage for more information.

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ACCESS TO JUSTICE FOR CHILDREN IN LITHUANIA

The Convention on the Rights of the Child has the force of law in Lithuania but has not been incorporated and its provisions do not take precedence over conflicting provisions of national legislation. The Convention can, however, be directly enforced and has been cited by national courts. In general, children under the age of 18 must be represented by a parent and only children aged 14 or above can apply independently to the court for protection of their rights in cases where the child considers that his or her parents have abused his or her rights. Children are eligible for legal aid, but there are no provisions for waiving court costs in relation to children’s rights cases and no legal regulation of pro bono practice.

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

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

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

European conference: Net Children 2020 - rowing up with Media
Organisation: Hans Bredow Institute for Media Research et al. 
Date: 16-17 April 2015
Location: Berlin, Germany

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

Asia-Pacific: Alternatives to detention and restorative justice for children
Organisation: Asia-Pacific Council for Juvenile Justice
Date: 5-8 May 2015
Location: Phuket, Thailand

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: Training programme on applying human rights based approaches to justice sector reform Organisation: International Human Rights Network
Dates: 22-26 June 2015
Location: Maynooth, Ireland

Course: Children's rights and business
Organisation: University of Leiden
Date: 6-9 July 2015
Location: Leiden, The Netherlands

Course: International children's rights - Frontiers of children's rights
Organisation: University of Leiden
Date: 6-11 July 2015
Location: Leiden, The Netherlands

Funding opportunity: Advocacy fund on post-2015 violence against children agenda
Organisation: Elevate Children Funders Group
Application deadline: 31 July 2015
Location: N/A

Course: LL.M. Program in International Children's Rights
University of Leiden
Date: From September 2015
Application deadline: 1 May 2015
Location: Leiden, The Netherlands

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EMPLOYMENT

CRIN: Legal research internship 
Location: London, UK
Deadline: 6 April 2015

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 

Consortium for Street Children: Consultant for drafting the General Comment on children in street situations
Application deadline: 31 March 2015
Location: Various  

LEAK OF THE WEEK

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