CRINmail 1446

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CHILDREN'S RIGHTS AND THE REFUGEE CRISIS

The horrific images of people scrambling for refuge from violence in the Middle East and elsewhere in recent months have turned the world’s attention to the largest refugee movement for over half a century. But the way politicians of destination countries, the media and even NGOs have responded to the events has laid bare how society relates to people in desperate circumstances when they are from a country that is not their own.  

In response to the policies, news coverage and aid responses which are so often made on the back of sensationalist stories, CRIN is launching a campaign to change the narrative around this crisis and bring it back to rights, not charity.

People seeking refuge are first and foremost people. They are not a label and should not be used by others, including politicians, NGOs and the media to manipulate for public relations opportunities, to cash in on or to promote their own ideological agenda.  

International humanitarian and human rights law exists to provide a structure for governments and international organisations to respond to such crises based on long-term solutions focused on human respect and dignity. Let’s get them back on track.

To this end, our campaign pages seek to:

• Stop aid porn: Shocking the world into action with the image of a drowned refugee child may provoke an emotional response, but does not promote a deeper understanding of the complex social, economic and political factors that cause people to leave their country. Here we explain why we need to challenge this portrayal of children as victims, rather than rights holders.
• Change the narrative: Language can crudely affect a reader’s view of a person. Accurate language is about factual reporting which respects people who, on the whole, are in desperate circumstances. Here we explain why fair, nuanced and precise language is vital in reporting on refugee crises.
• Defend rights, not charity: All rights contained in the Convention on the Rights of the Child apply to all children, including those who are refugees, internally displaced, migrants, seeking asylum or stateless. This page list spells out the ways in which the rights of children in these situations are breached.

Send us your questions

As part of the campaign we want to get other people talking about the refugee crisis too, as we believe it is through debate and scrutiny of the current narrative that things will change. To do this we will be starting Twitter discussions on some of the focus areas of the campaign, as well as responding to your questions. For instance, can we expect to engage people in the issue without guilt-tripping them? And does pushing for a rights-based approach really change anything? Follow these and other questions at @CRINwire and #RefugeesCrisis.

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LATEST NEWS AND REPORTS

Iranian juvenile at risk of imminent execution

A juvenile in Iran who was sentenced to death when he was 15 years old is at imminent risk of being hanged after eight years on death row, campaign groups have warned. Salar Shadizadi was sentenced to death for the murder of a friend. According to Amnesty International, he was denied access to a lawyer and says he was tortured while the case was being investigated. Salar’s execution was halted in August with no new date confirmed. As is common ahead of being executed, Salar is currently held in solitary confinement in Lakan Prison, Rasht, northern Iran. His lawyers have filed an application for a new judicial review with the Supreme Court.

Violence and accountability  

Children with learning disabilities are at risk of sexual abuse because they are not given sex and relationships education or information on how to protect themselves from exploitation, a new study has found. The concern arises out of the “false perception” that people with disabilities, including learning disabilities such as autism and Down’s syndrome, do not need such information and therefore fail to meet the thresholds for support from public services. This even includes basic information on how to keep safe online and in the community. For this reason, the researchers recommend that parents, school staff and other professionals working with children are made aware of the risks children with learning disabilities face. They also stress the need to help children recognise when they are vulnerable to grooming and to take preventative action. "These children need to be given the knowledge that will help them protect themselves - to understand when they are under threat and what a good relationship is,” said Matthew Reed, Chief Executive of The Children's Society.

A Spanish court has ruled that the Archdiocese of Granada can be held civilly liable for the alleged sexual abuse of a 14-year-old altar boy by several priests from 2004 to 2007. Judge Antonio Moreno justified his decision on the grounds that the accused Catholic priests "responded directly" to the Archdiocese and because the abuse allegedly took place at parish headquarters. The case drew intervention from Pope Francis, who had told the bishop to start an investigation after receiving a letter by the alleged victim. In a separate case, criminal charges had been brought against 10 priests and two laymen, but are only being pursued against one of the priests for repeated abuse, as the statute of limitations had expired for the lower-level charges brought against the others.

In Delhi, India, a new compensation scheme for victims of sex crimes may include provisions for proper compensation to child victims, including boys. Under the existing compensation scheme, male survivors of sexual offences receive damages as victims of child abuse, not as victims of rape, as it does not recognise boys as rape victims. But the move by the city’s government responds to longstanding demands by children’s rights activists, including a petition to the Delhi High Court by the organisation iProBono, which argues that the existing compensation discriminates against boys.

Indigenous children, poverty & survival

Gunmen have launched a serie of attacks against Guarani Indians in central Brazil after they reoccupied part of their ancestral land. In one incident, a one-year-old baby was shot in the head with a rubber bullet; in another, gunmen and ranchers fired relentlessly at the community pushing its members, including about 50 children, into the nearby forest. They then set fire to their homes. The Guarani had requested protection from the authorities, but to no avail. Over the last decade the group's ancestral lands have been taken over for cattle ranching, sugar cane, soya and corn plantations. This is in spite of the fact that Brazil's constitution required the government to map out the Guarani’s land and return it for their exclusive use by 1993. Survival International has launched a campaign calling on Brazil's government to bring those responsible to justice, protect communities from violence and map out the Guarani's land.

A 14-year-old boy from the Qom indigenous community in Argentina has died, apparently from severe malnutrition, a case which has stoked controversy about the true figures of poverty and malnutrition in the country, particularly in the northeastern province of Chaco. The death of Oscar Sánchez, who weighed just nine kilos when he died, follows that of a seven-year-old boy who died from malnutrition in January in the same province. The government of Chaco stopped publishing statistics on malnutrition in 2007. The province’s governor has accused opposition parties of using the incident for its political advantage in the run-up to elections in a position echoed by the central government. Jorge Capitanich refutes the cause of death, saying that Oscar was born with serious neurological problems which affected his capacity to absorb nutrients. But Rolando Núñez from the NGO Centro de Estudios Nelson Mandela, which exposed the case, said that the authorities are responsible for his death, and that many other children in the region suffer similar health problems as a result of malnutrition and poor prenatal care.

On a global level, death rates of children under five have halved since 1990, but fall short of the target set by the Millennium Development Goals (MDGs) of slashing the death rate of under-fives by two thirds. Now, almost half of all under-five deaths occur in the first four weeks, and nearly half are associated with malnutrition, according to a report by the World Health Organization (WHO). The report, which is a call to action to improve the health of women, children and adolescents worldwide, comes as leaders prepare to meet in New York later this month to adopt the Sustainable Development Goals, which will replace the millennium development goals that expire this year. 

Mental health in migration & trafficking

In Southeast Asia, self-harm is disturbingly common among children who have been trafficked as sex slaves or forced labourers, with some as young as 10 suffering from serious mental health problems and some attempting suicide, a new study published in the JAMA Pediatrics journal has found. The research project, which sought to uncover information about the health and mental well being of trafficked children, focused on almost 400 participants aged between 10 and 17 in Cambodia, Thailand and Vietnam who had been trafficked for sex work, forced begging and fishing. It found 56 percent of those surveyed suffered from depression, a third suffered from anxiety and around a quarter had post-traumatic stress disorder. Furthermore, 12 percent said they had tried to harm or kill themselves in the month before the researchers interviewed them, while almost 16 percent reported having suicidal thoughts.

Many children from immigrant families in the United Kingdom suffer stress and anxiety as a result of separation from a parent when the family income fails to meet the minimum threshold for both parents to stay in the Britain, a report by the Children’s Commissioner for England has found. The report says the introduction of a Home Office minimum income threshold of £18,600 a year for sponsoring a foreign spouse to live in the UK means that at least 15,000 children are growing up as “Skype kids” because one parent is not entitled to live in the country. According to the Home Office, the threshold, which determines if a UK citizen can bring a foreign spouse or partner from outside Europe to live in Britain on a family visa, has been “upheld by the courts as lawful and compliant with our legal duty to safeguard and promote child welfare.” But the report confirms that “the threshold is too high and...discriminatory,” as it would not be met by almost half of the adult population.

Transparency at the UN

The UN General Assembly has passed a landmark resolution making the selection process of the Secretary-General more open and transparent. The selection of the post-holder has traditionally been a closed process, undertaken through a private meeting of a 15-member council, with five permanent council members having a veto over potential candidates. But the resolution significantly strengthens the role of the General Assembly in the selection process, allowing Member States to access basic information on all candidates, including their CVs and allowing for questions to be asked. Furthermore, the resolution highlights the importance of having a gender and geographical balance, with more than 40 countries expressing an interest in selecting a female Secretary-General. While two important provisions in the resolution were dropped around requesting that the Security Council present more than one candidate and a proposal to limit the length of the Secretary-General's term, the passing of this resolution marks a considerable achievement in democratising this process.

Recent high-profile cases of retaliation against whistleblowing UN staff has questioned the independence of the UN’s Ethics Office and the Office for Internal Oversight Services (OIOS). Figures obtained by the Government Accountability Project, an organisation supporting whistleblowers, has revealed that the ethics office has received 447 cases (up to July 2014) of UN staff alleging they have faced retaliation for exposing corruption, malpractice or sexual abuse. However, the office only reviewed between 113 and 135 of these cases and established there had been retaliation in just four cases, forwarding them to the OIOS. These two bodies have been beset by problems in recent years, with staff complaining about a lack of the independence required for proper scrutiny. UN staff are now increasingly reluctant to report wrongdoing for fear of losing their jobs and facing retaliation. This structural problem remains a threat to UN employees, efficiency and the accountability of the UN system, said David Kaye, UN special rapporteur on freedom of opinion and expression.

Meanwhile, yet another allegation of sexual abuse by a member of French peacekeeping troops in Central African Republic has surfaced. A girl who was allegedly sexually assaulted last year gave birth to a child in April 2015 and has lodged a paternity case with local authorities.

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ACCESS TO JUSTICE FOR CHILDREN IN THE UNITED ARAB EMIRATES 

The United Arab Emirates (UAE) ratified the Convention on the Rights of the Child (CRC) with four reservations concerning nationality, access to information, adoption and freedom of thought, conscience and religion. The UAE has not acceded to any of the three Optional Protocols. Shari’ah is the main source of law in the UAE; it is unknown whether an international treaty would prevail over national laws. The UAE has several laws for the protection of children’s rights in cases concerning custody, guardianship, care, and juvenile justice, and is due to enact a Law on Child Rights by the end of 2015. The laws in the UAE do not clarify a child’s locus standi in court, but a child’s guardian would have the right to represent the child. Legal aid is provided for ‘indigent’ applicants in cases that qualify as ‘serious’, and a legal representative is provided for any child whose guardian cannot provide them with one. There are limited options for challenging violations of children’s rights in the UAE. A civil case may be brought on behalf of a child to claim damages. Judicial review of laws or administrative acts is generally not available to individuals, and private prosecution is not permitted.

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

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.

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UPCOMING EVENTS

Development: Symposium on SDGs - Empowering Mauritius Towards the 2030 Agenda
Organisation: Halley Movement
Date: 21 September 2015
Location: Ebene Cyber City, Mauritius

Child protection: Cross-border child protection - Legal and social perspectives
Organisation: The International Social Service
Registration deadline: 23 September 2015
Event date: 21-23 October 2015
Location: Geneva, Switzerland

Call for submissions: Global Summit on Childhood - 'Creating a Better World for Children & Youth Through Sustainability, Social Innovation & Synergy'
Organisation: Association for Childhood Education International
Submission deadline: 28 September 2015
Event date: 31 March - 3 April 2016
Location: Sand José, Costa Rica

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 

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

Reproductive rights: New reproductive technologies and the European fertility market
Organisation: Erasmus University Rotterdam et al. 
Abstract submissions deadline: 1 October 2015
Event date: 19-20 November 2015
Location: Santander, Spain

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

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EMPLOYMENT

CRIN: Legal research internship
Application deadline: 30 September 2015
Location: London, United Kingdom

CRIN: Legal Translation Intern
Application deadline: Rolling deadline
Location: Flexible, home-based 

CRIN: Communications Intern (French-speaking)
Application deadline: Rolling deadline
Location: Flexible, home-based 

Save the Children Sweden: Director of HR and Support Services
Application deadline: 20 September 2015
Location: Khartoum, Sudan

LEAK OF THE WEEK

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