CRINmail 1442
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LAUNCH OF CASE STUDIES PROJECT:
Telling the stories behind groundbreaking children’s rights cases
Throughout the world advocates are using strategic litigation to change laws and societies for the better. A strategic case is one that seeks a broader impact than simply bringing justice in the case at hand. This is usually done by setting a precedent or forcing change through the government or legal system of the country where it is brought. And as children often face restrictions in challenging violations of their rights, cases brought on their behalf by NGOs, advocates and lawyers can help them get justice, or set a precedent that defends other children’s rights.
Other forms of advocacy have a role to play by creating change through public pressure and influencing decision-makers directly; but strategic court cases can force change from within the system itself. Legal decisions at the highest levels demand attention from governments and the media, highlight cases that are representative of a wider problem, and can have an impact on large groups if they set a precedent, challenge the constitutionality of unjust laws or expose injustice.
CRIN’s collection of case studies illustrates how strategic litigation works in practice by interviewing those involved and looking at the outcomes of their cases and the impact they created. By sharing these stories we want to encourage advocates around the world to use strategic litigation to challenge children's rights abuses. We will highlight both successful cases and less successful ones - which have still had an impact - to allow advocates to learn from previous efforts. So far we have ten case studies, and will be adding new examples each month to document and monitor different approaches to strategic litigation on children’s rights throughout the world.
Case studies
NIGERIA: A child bride, a dead husband and a long battle
At just 13 years of age Maimuna Abdulmumini was sentenced to death by Nigerian court for allegedly murdering her husband of five months. Lawyers from Avocats Sans Frontieres (ASF France) secured a reprieve after a six-year legal battle, but her future remains uncertain.
INDIA: A toddler’s 18-month wait for justice
A three-year-old who was raped by a neighbour in a Delhi slum faced cross-examination by defence lawyers, incompetence from the legal system and extensive medical procedures. Her mother fought for justice for her daughter in a case at the Delhi High Court.
AUSTRALIA: Baby Ferouz and the children kept behind bars
Brisbane-born Baby Ferouz spent his early life in a series of detention centres until a judge ruled that he and his family had no right to stay in Australia. Lawyers for Ferouz and other Australian-born babies of asylum seekers challenged government plans to send the families to a notorious detention centre thousands of miles from the mainland.
LIBERIA: Firing back at Firestone
A Liberian town founded by American tyre manufacturer Firestone, which was notorious for exploitative child labour, saw a case brought by 23 workers against the company. The trial attracted media attention and led to changes at the plantation for thousands of labourers.
SOUTH AFRICA: Teenagers no longer prosecuted for kissing or consensual sex
A law that criminalised sexual activity between consenting adolescents in South Africa - even for kissing and cuddling - and required them to be put on a sex offenders register was struck down as unconstitutional after a challenge from the Centre for Child Law.
UNITED KINGDOM: Changing the way police treat teens in custody
In English law 17-year-olds cannot drink or get married without their parent's consent, but are treated as adults in police custody. This is the story of a London teenager who challenged this legal anomaly in the High Court, and the campaign his case sparked.
GENDER: Baby A and the question mark
A question mark on the medical documents of an intersex baby in Kenya nearly condemned the child to a life without medical care, schooling or a passport. Challenging the inaccurate document, the child’s mother took the case to the Kenyan High Court.
EXPLOITATION: First steps taken to eradicate forced child begging in Quranic schools
An African human rights committee ruled that Senegal must work to stop children in Quranic schools being forced to beg for food and money. A pair of South African students prepared a case on behalf of the children and the committee instructed Senegal on how to improve the situation.
SEXUAL ABUSE: ‘Nothing is going to change the past, but we can protect the children of the future’
This is the battle of Louise O’Keefe from Ireland, who was 8 years old when she was sexually abused by her school principal. It took her 40 years and a lengthy legal battle with the Irish State for her to get justice.
KENYA: Nubian children and the struggle for citizenship
Nubians in Kenya are not considered Kenyan nationals and as such face significant restrictions in accessing basic amenities like healthcare and education. In the case of Nubian Minors v. Kenya, the second-class status of Nubians in Kenyan society was challenged.
Each month we feature a new case study in our Children in Court CRINmail. September’s edition will focus on corporal punishment of children and will include a case study on one NGO which issued complaints against seven countries simultaneously, prompting several governments to enact or consider law reform on the issue. Sign up to the CRINmail here.
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NEWS IN BRIEF
Adoption
Climate change
Violence and accountability
Citizenship and housing
Access to information
Business and children’s rights
Street children
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ACCESS TO JUSTICE FOR CHILDREN IN INDONESIA
Although Indonesia has ratified the Convention on the Rights of the Child (CRC), the Convention has not been fully incorporated into national law and it cannot be directly enforced in Indonesian courts. Children may only bring cases in domestic courts with the assistance of a representative, and children under 15 are restricted in their ability to give evidence and be heard in civil and criminal proceedings. Positive access to justice measures include the availability of class actions, and the ability of NGOs to file or intervene in cases. Moreover, a 2011 law established a state-funded legal aid scheme, though pending the passage of implementing regulations, it remains to be seen whether this new law will be effective.
Read the full report on access to justice for children in Indonesia.
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
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
Call for papers: Sixth Int'l Human Rights Education Conference - 'Translating Roosevelt’s Four Freedoms to Today’s World'
Organisations: HREA and University College Roosevelt
Submission deadline: 6 September 2015
Dates: 17-19 December 2015
Location: Middelburg, Netherlands
Juvenile justice: Online training course on ‘Alternatives to Detention for Young Offenders’
Organisation: International School for Juvenile Justice
Course dates: 1 October 2015 (lasts three months)
Location: Online
Africa: Global Child Forum on Southern Africa
Organisation: Global Child Forum et al
Date: 8 September 2015
Location: Pretoria, South Africa
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
Monitoring: Training workshop on monitoring children’s rights
Organisation: Human Rights Education Associates
Dates: 15-17 October 2015
Location: Brussels, Belgium
Health: Conference on child rights and sight
Organisation: Distressed Children & Infants International
Dates: 24 October 2015
Location: New Haven, United States
Asia Pacific: 10th Asian Pacific Regional Conference on Child Abuse and Neglect
Organisation: International Society for the Prevention of Child Abuse and Neglect
Dates: 25-28 October 2015
Location: Kuala Lumpur, Malaysia
Sports: 'Global sport - Reform or revolution?'
Organisation: Play the Game
Dates: 25-29 October 2015
Location: Aarhus, Denmark
Participation: E-course on child participation
Organisation: Human Rights Education Associates
Dates: 28 October - 8 December 2015
Location: Online
Violence: 19 days of activism prevention abuse & violence against children
Organisation: Women's World Summit Foundation
Dates: 1-19 November 2015
Location: Global
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EMPLOYMENT
CRIN: Legal Translation Intern
Application deadline: Rolling deadline
Location: Flexible, home-based
CRIN: Legal research internships (Arabic-speaking)
Application deadline: Rolling deadline
Location: London, United Kingdom
CRIN: Communications Intern (French-speaking)
Application deadline: Rolling deadline
Location: Flexible, home-based
Consortium for Street Children: Advocacy & Research Intern
Application deadline: 21 August 2015
Location: London, United Kingdom
ECPAT UK: Training Coordinator
Application deadline: 21 August 2015
Location: London, United Kingdom
European Network on Statelessness: Communications Manager
Application deadline: 7 September 2015
Location: London, United Kingdom
European Network on Statelessness: Operations Manager
Application deadline: 7 September 2015
Location: London, United Kingdom
THE LAST WORD
"The case was taken so that some other child will not be abused. The fact that other children are safe going to school." -- strategic litigation case study from Ireland.
"I started preparing it in the year 2009 but I kept it quiet because the mood wasn’t right - the Constitution wasn’t right. In 2010 we got the new Constitution so I got out my folder and I started to polish it." -- case study from Kenya.
"[I]f you’re looking at people from a poorer background like this child’s mother, why should they go on with the matter? Why should they proceed with the case?" -- case study from India.
"Sometimes you have a problem, but you don’t want to see it until the international community brings it to your attention." -- case study from Senegal.
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