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LATEST NEWS AND REPORTS

Minimum ages and consent

Nigerian lawmakers have approved an anti-rape bill that appears to lower the age of sexual consent from 18 to 11, activists have warned. On 4 June, the upper house of the National Assembly hurriedly passed the Sexual Offences Bill (2015) - which prescribes prison terms for rapists and those who have sex with children under the age of 11 - alongside an unprecedented 45 other draft laws, all in the space of 10 minutes. A previous version of the Bill criminalised the defilement of children under 18; but it is claimed this was changed while the draft text was referred to the Senate Committee on Judiciary and Legal Matters for further legislative work. The Bill will become law if it is signed by the President. 

Courts ruling on cases of alleged child sexual abuse in Zimbabwe are increasingly treating 12 as the age of sexual consent, activists say. It follows a number of rulings in which defendants had their sentences lowered after arguing that the child in question consented to sex. "If a man has intercourse with a child who is under 12, they have no defence. They cannot say that the child consented," said legal expert Alex Magaisa. But he added that while the criminal code appears to set the age of consent at 16, the law only provides "absolute protection" to a child who is under 12. Earlier this month, two men were acquitted of the alleged rape of a 15-year-old girl because she “did not scream” and “knew what she wanted”. Activists say there should be no extenuating circumstances to statutory rape.

In the Philippines, the Department of Health (DOH) says it supports a proposal to allow some children to get tested for HIV and AIDS without parental consent. The author of the bill says it responds to the rise in the number of young people who test positive for HIV. Currently, children must obtain parental consent before they can be tested for HIV. But this requirement is not necessary under the new bill for those aged 15 to 17 years - the age group most at risk of infection, according to the DOH, which says almost 30 percent of new HIV and AIDS cases involve 15- to 24-year-olds. Jose Gerard Belimac, programme manager of the DOH Philippine National AIDS Council, said “We support any measure that will address removing barriers to access to health services.” On the other hand, the bill cites several conditions for testing, including that the child be living independently, pregnant, already a parent, have no contact with parents or guardians or a clinical condition that suggests infection with HIV. 

Historical abuse of children’s cultural rights

Canada’s former policy of removing aboriginal children from their families and placing them in residential schools run largely by churches was “cultural genocide”, concluded the country’s Truth and Reconciliation Commission after six years of research. Indian, Inuit and other indigenous children were forced to attend the government-financed schools, which were in operation from 1883 until the last one closed in 1998, and where widespread physical, cultural and sexual abuse was documented. At least 3,201 students also died while attending the schools, many because of mistreatment or neglect. “The Canadian government pursued this policy of cultural genocide...to divest itself of its legal and financial obligations to aboriginal people and gain control over their lands and resources,” the report said. “If every aboriginal person had been ‘absorbed into the body politic,’ there would be no reserves, no treaties and no aboriginal rights.” The Canadian government apologised to former students in a 2008 court settlement and established the Commission. But the report said: “A just reconciliation requires more than simply talking about the need to heal the deep wounds of history. Words of apology alone are insufficient; concrete actions on both symbolic and material fronts are required.”

The Danish government is being urged to apologise for having taken a group of Inuit children from their families in Greenland in the 1950s to be 're-educated' in Denmark as part of a social experiment. In a bid to modernise the island, Danish authorities sent out telegrams to priests and headteachers based in Greenland asking them to identify bright children who would be sent to stay with foster families in Denmark, and then returned to help teach Danish to other inhabitants. The plan was formed with the help of Save the Children Denmark, which also arranged for six of the children to be adopted by their foster families. When the remaining 16 were returned to Greenland, they were placed in a children’s home built by the Danish Red Cross, where they were discouraged from speaking the Inuit language. Both organisations have since apologised for their role in the experiment, which critics say left the children rootless and marginalised, with some later suffering breakdowns, becoming homeless, dying young or returning to Denmark. In 2010, the authorities in Greenland called for an apology from Denmark, but the Danish government has remained silent on the issue.

Clamping down on discrimination

A court in Italy has ruled that state-sanctioned “nomadic camps” are a form of segregation and discrimination based on ethnic grounds, marking the first time in Europe that a national court has reached this decision. The ruling came in response to a 2012 complaint by a group of organisations against the City of Rome for its construction of a Roma-only “village”. At the end of May, the Civil Court of Rome ruled: "It must indeed be considered as discriminatory any large scale housing solution directed only at persons belonging to the same ethnic group….in order to hinder cohabitation with the majority population, and in terms of equal access, to fair conditions, to education and social health services located in an area where there is a serious risk to the health of persons residing there". The organisations behind the complaint argue that placing Roma people in Roma-only camps, shelters or any other mono-ethnic housing solution contributes to social exclusion and inequality in access to housing. With regard to children, those living in formal camps find it difficult to access education as a result of inadequate housing conditions, low security of tenure, and fear of forced evictions. 

Transgender children should not have to obtain a court order to go on hormone therapy, the Australian Human Rights Commission has said in a new report on discrimination against gay, transgender and intersex people. Currently, children and their families need permission from the Family Court to get medication for male and female hormones, which transgender support groups say creates unnecessary stress and puts financial strain on families. This is even required if a child has already been using medication to stunt the onset of puberty. But getting court approval can “include very long delays and very costly delays which harm the development of a child,” said Tim Wilson, Human Rights Commissioner. “All that we are recommending,” explained Wilson, “is we change legal safeguards for medical safeguards so decisions are made on what's in the best interests and welfare of the child.” Last year, the Chief Justice of the Family Court, Diana Bryant, said a court order was often unnecessary for transgender children who already have support from doctors and parents. 

Ontario has become the first province in Canada to ban the use of so-called “conversion therapy” on lesbian, gay, bisexual and transgender (LGBT) children. The ban also creates a financial barrier for practitioners, as previously they could bill their activities to the province’s public health insurance programme. Now, public money can no longer be used to fund the purported treatment for adults. Meanwhile in the United States, where an increasing number of states are considering banning the practice for children, a religious group that claimed to be able to ‘cure’ homosexuality is being sued in New Jersey under consumer protection laws for making a number of false and discredited claims that may amount to fraud. 

Evading accountability in armed conflict

The Israeli military has cleared itself of culpability in an incident that killed four children and injured a number of others on a beach during last summer's Gaza war. The four children were killed after being hit by missile fire while playing hide-and-seek on the beach. Israel claimed that the attack targeted a Hamas compound and that the deaths were a “tragic accident”. A number of journalists who were present in the immediate aftermath of the shelling claimed that there was no Hamas compound and that they only saw a small fisherman’s hut at the site of the attack. Israel’s conduct in last summer’s war received renewed criticism last month with the publication of the testimonies of dozens of Israeli soldiers who served during the Gaza war, which included allegations that the military did not meet its obligations to protect civilians in wartime. Both Israel and Hamas are currently under preliminary investigation by the International Criminal Court to see whether they committed war crimes during the conflict, which left more than 1,462 Palestinian civilians dead, including 495 children. 

Sudan's president Omar al-Bashir has fled South Africa, pre-empting a court ruling over an international warrant for his arrest. After travelling to an African Union summit in Johannesburg, South Africa's High Court barred al-Bashir from leaving the country due to a warrant from the International Criminal Court (ICC) relating to alleged genocide and war crimes in the ongoing Darfur conflict, which has left more than 400,000 dead. Ignoring the request of the High Court, al-Bashir left South Africa on a private plane with the apparent blessing of South Africa’s government and African Union Member States, who are critical of the ICC, which they say only targets African leaders and fails to bring to justice those responsible for war crimes in the Middle East and elsewhere. It appears that allowing al-Bashir to leave South Africa will have serious repercussions for the State, with its membership of the ICC now being questioned and the likelihood that it will now receive little support in its quest to gain a permanent spot on the UN Security Council.

Reprisals against rights defenders

Pakistan has reversed a decision made last week to close the national branch of Save the Children. No justification was given for the order or its reversal. However, officials had previously accused the charity of involvement in "anti-State activities", linking it to a fake vaccination programme used by the CIA to detect the whereabouts of Osama Bin Laden - accusations which the charity denies. No foreign staff have worked for Save the Children in Pakistan for the past 18 months as a result. Civil society space is increasingly under pressure in the country: a draft bill called the Foreign Contributions Regulation Act (2015) would make it easier to prevent groups that receive foreign funds from operating in Pakistan. And CIVICUS, a global alliance of civil organisations, says 3,000 local NGOs were deregistered in the country in December 2014. 

In the Philippines, children’s rights advocates are among a group that has filed complaints before the Commission on Human Rights over the alleged harassment and surveillance they experienced from suspected members of the military and the police. In May, the two children’s rights activists, who document cases and provide services to child victims of human rights violations and who are registered as social workers, were followed from their office by suspected members of the military. They say the incident was a “clear act of harassment and reprisal on our active opposition to government policies and programmes that are not beneficial for Filipino children and their families.” Another of the complainants said the harassment indicates the “worsening trends of political repression against union organisers and political activists, and attempts to disrupt the organisations’ activities and terrorise people involved in development and human rights work.”

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ACCESS TO JUSTICE FOR CHILDREN IN MICRONESIA

The Federated States of Micronesia (FSM) has ratified the Convention on the Rights of the Child (CRC), and its provisions can be directly enforced in courts. Children through their representatives may bring civil action or judicial review proceedings in domestic courts to challenge violations of their rights, but only with the assistance of a representative. Class actions are also permitted. However, children face several obstacles to accessing justice in the country. FSM does not have a formal legal aid system, there are no juvenile courts or special provisions for children giving evidence in legal proceedings, and there are reports of lengthy delays in the judicial system. There are potential conflicts between FSM’s customary law and statutory and international law. FSM also does not have a national human rights institution to which children can make complaints about violations of their rights. 

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

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

Call for papers: Young people affected by sexual violence as change-makers in prevention efforts
Organisation: Cumberland Lodge
Submission deadline: 19 June 2015
Event date: 28 September 2015
Location: Windsor, 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

Child rights: Young children's rights in Wales and England: What Next After the Election?
Organisation: UCL Institute of Education & Cardiff Metropolitan University
Date: 24 June 2015
Location: London, United Kingdom

FGM: Female genital mutilation as a child safeguarding issue
Organisation: Africans Unite Against Child Abuse (AFRUCA)
Date: 26 June 2015
Location: London, United Kingdom

Missing children: Second int'l academic conference on missing children & adults
Organisation: Various
Date: 8-10 July 2015
Location: Brussels, Belgium

Equality: Consultation on the future Welsh Government funding framework for equality and inclusion
Organisation: Welsh Government
Deadline: 10 July 2015
Location: N/A

Participation: Children as actors for transforming society
Organisation: Child to Child et al.
Dates: 27 July - 2 August 2015
Location: Caux, Switzerland

Child labour: The Nairobi Global Conference on Child Labour
Organisation: African Network for the Prevention and Protection against Child Abuse and Neglect
Date: 23-25 August 2015
Location: Nairobi, Kenya

Child indicators: ‘From Welfare to Well-being - Child indicators in research, policy & practice’
Organisation: International Society for Child Indicators
Date: 2-4 September 2015
Location: Cape Town, South Africa

Education: E-course on on the right to education
Organisations: HREA and the Right to Education Project
Dates: 2 September-13 October 2015
Location: Online

Child abuse: European Regional Conference on Child Abuse and Neglect
Organisation: International Society for the Prevention of Child Abuse and Neglect
Dates: 27-30 September 2015
Location: Bucharest, Romania

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EMPLOYMENT

CRIN: Legal research internships (Arabic-speaking)
Application deadline: Rolling deadline
Location: London, United Kingdom

CRIN: Communications Intern (French-speaking)
Application deadline: Rolling deadline
Location: London, United Kingdom

ECPAT International: Head of Programme - Child and Youth Participation and Protection
Application deadline: 24 June 2015
Location: Bangkok, Thailand

European Roma Rights Centre: Financial Officer
Application deadline: 19 June 2015
Location: Budapest, Hungary 

Keeping Children Safe: Global Consultancy Service Coordinator
Application deadline: 21 June 2015
Location:  London, United Kingdom / Flexible

THE LAST WORD

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