CRINmail 1456

In this issue:

Problems viewing this CRINmail? Click here. 

LATEST NEWS AND REPORTS

Freedom of religion and belief

The UN Special Rapporteur on freedom of religion or belief has released a report on the rights of children and their parents. CRIN welcomes the Rapporteur's acceptance of children’s independent right to freedom of religion and belief. However, we believe some areas of this right deserve more attention to ensure consistent and adequate recognition of children as independent rights holders. These include pressing for an education which increases children’s respect for those who do not share their religion; and protecting children from violations on religious grounds, particularly in relation to apostasy and non-consensual, non-therapeutic male circumcision. We believe fulfilment of these rights is not only important to children themselves, as they are also key to achieving the aims of the Rapporteur. The roots of both religious freedom and religious intolerance unquestionably lie in childhood. Read CRIN’s analysis on the issue.

The number of Islamophobic attacks on British Muslims has drastically increased since the recent Paris attacks, with most victims being girls and women in traditional Islamic dress, according to new figures. A report to the government’s working group on Islamophobia shows a 300 percent rise in hate crime incidents, with female victims aged between 14 to 45. Many of those attacked have said that no one came to their assistance and that they felt victimised, embarrassed, alone and angry following the incidents. Meanwhile in France, Muslims are also facing a groundswell of distrust and hostility, as many Muslim parents have expressed concern for their children’s safety, even resorting to keeping them from going out unnecessarily and asking them to downplay their religious identity when in public.  

Publically-funded schools in Ireland should not be able to refuse admission to a child based on their religion, the country’s rights watchdog has said. The call by the Irish Human Rights and Equality Commission (IHREC) comes as a petition was handed to the government demanding an end to “religious discrimination” in education. Its author, Paddy Monahan, started the petition after realising that the school near his home would not admit his son because he is not baptised. “I thought that’s madness because it’s a taxpayer-funded school and then I realised that 96 [percent] of schools are the same. They have the right to turn away a child based on [their] religion.” Following a review of the Education (Admission to Schools) Bill 2015, the IHREC has issued recommendations, including that the bill be amended so that “no child should be given preferential access” to a publicly-funded school on the basis of their religion. 

Gender and sexual discrimination

A woman in India has taken her husband to court for allegedly testing their twin girls' gender before she gave birth, then pressuring her to abort them. Dr Mitu Khurana is the first-ever woman in India to prosecute her husband, in-laws and the hospital she attended for breaking a 1994 law against prenatal testing. The Indian government made the gender testing of foetuses illegal in response to the endemic aborting of baby girls as a result of the societal preference for boys. Dr Khurana believes that her husband and his family colluded with hospital staff to carry out the test. She had gone to hospital for what she believed was a kidney examination following an allergic reaction, but the doctor did a full foetal scan while she was sedated. Dr Khurana’s case, which was recently thrown out by a lower court due to lack of evidence, is now being considered by the High Court.

Portugal has become the latest State to allow same-sex couples to adopt children following a parliamentary vote last Friday. Previous attempts to introduce full adoption rights for same-sex couples had failed. When same-sex marriage was voted into law in 2010, the law explicitly excluded the right to adopt. And in 2013, the parliament approved a law allowing one same-sex partner to adopt their partner’s children, if they were married, but refused to allow same-sex adoption if both parents were childless. Following last week’s vote, one lawmaker, André Silva, said: “All children – including children in care – have a right to have a welcoming family, providing love, stability, security, commitment, and the opportunity to bond and enjoy interactions essential for their development.”

Madagascar plans to amend a nationality law that stops mothers from passing their citizenship to their children, a move welcomed by campaigners working to end statelessness. Jean Max Rakotomamonjy, president of the country's National Assembly, intends to have a draft bill put before parliament by the end of the year, the assembly's head of cabinet confirmed last week. The country is among 27 others which do not allow a woman to pass on her nationality to her children, meaning that if a woman marries a foreigner or stateless person, her children are at increased risk of becoming stateless. Such discriminatory nationality laws are one of the biggest factors perpetuating statelessness worldwide, experts say. Statelessness denies a person legal recognition, so they are unable to access education, health care, employment or social services, among other things. There is no official data on how many stateless people live in Madagascar, but some estimates suggest there may be tens of thousands. 

Detention and inhumane treatment

Bahraini security forces continue to torture people in detention, including children, using methods identical to those documented following the 2011 political demonstrations. Campaign groups say this proves that human rights guidelines and institutions introduced in the country since then have not been implemented and are failing. Three bodies were established with a collective mandate to end torture in interrogation and detention facilities following recommendations by the Bahrain Independent Commission of Inquiry (BICI). The BICI was created to investigate allegations of human rights abuses related to the 2011 crackdown after the authorities killed 20 demonstrators (including five in detention), and arrested thousands who were held in incommunicado detention for weeks, in some cases months. Torture methods documented by BICI investigators in 2011 include severe beating, application of electric shocks, exposure to extremely cold or hot conditions, prolonged standing, sleep deprivation, insults and humiliation.

In Australia, children in immigration detention must be released into the community under new legislation passed by the Senate. The Migration and Maritime Powers Amendment Bill (No. 1) mandates the release of all children from Australian immigration detention centres, unless a court specifically orders a child’s release is not in the public interest. The Bill also imposes mandatory reporting of abuse in detention centres to the relevant independent authorities, requires all reasonable media requests for access to be granted to detention centres, and reverses the secrecy provisions of the Australian Border Force Act which made it an offence to disclose information in the public interest about detention. Senator Hanson-Young said: “It is a national shame that we have kept them locked up, that we have effectively stolen this amount of time from their childhood,” she told the parliament. However, Australia’s offshore detention regime is outside the scope of the legislative changes. 

In Ireland, a young asylum-seeker who was prevented by authorities from getting an abortion after being raped intends to sue the Irish State for forcing her to go to full term against her will, according to The Guardian. The woman, who eventually gave birth by caesarean section in August 2014, had been refused an abortion even though at eight weeks she demanded a termination. After she threatened a hunger strike to protest the decision, local health authorities obtained a court order to deliver the baby prematurely – at around 25 weeks according to some reports – to ensure its safety. Experts say the case exposes flaws in recent reform meant to allow limited terminations. Over 800 doctors and medical practitioners from 44 countries have joined an Amnesty International campaign to lift the threat of a 14-year jail sentence for providing or assisting in the provision of an abortion in Ireland.

Privacy and digital rights

South Korea’s parliament is considering whether to allow parents to opt out of installing a mandatory monitoring app on their children’s smartphones following criticism that the apps have security flaws. Since April this year it has been mandatory for under-19s who buy a smartphone to install one of about a dozen apps that filter and block objectionable content. Some also allow parents to control the apps on their child's phone and even schedule when the phone can be used. But a report by internet watchdog group Citizen Lab, which is based on two separate security audits, says the government-sponsored and most popular app, Smart Sheriff, has vulnerabilities that could leak children's personal details and browsing activities or allow the phone to be hacked. Critics also raised concerns over children’s privacy rights, as they said the law legalised surveillance of children. The app was later pulled from the market and it stopped new downloads from November. 

Meanwhile a new world ranking on digital rights looks at 16 of the world’s biggest Internet and telecommunications companies in relation to corporate practices around freedom of expression and privacy. The 2015 Ranking Digital Rights Corporate Accountability Index evaluates the companies’ public commitments and disclosed policies affecting users’ rights. The companies were assessed on 31 indicators across three categories – commitment, freedom of expression, and privacy – drawn from international human rights frameworks and emerging or established global principles for privacy and freedom of expression. Among the key findings are that the companies regularly fail to disclose key information about practices affecting users’ rights. Read more at: https://rankingdigitalrights.org

Back to top

ACCESS TO JUSTICE FOR CHILDREN IN THE PHILIPPINES

Although the Philippines ratified the Convention on the Rights of the Child (CRC) in 1990, it has not incorporated it into its national law. Some rights and principles have been implemented through national legislation. A child may bring a claim to challenge a violation of his or her rights with the assistance of a parent, legal guardian, or “guardian ad litem” appointed by the court for the duration of the case. Children are entitled to legal aid if they meet the minimum standards determined by the Philippines Public Attorney’s Office. The Court has recognised the standing of organisations and associations to file a case as a “real party-in-interest” regarding violations of children’s rights. Any party aggrieved or adversely affected by an agency decision may seek judicial review, therefore bringing legal proceeding requires the identification of a specific victim. However, the court may decide to hold hearings in private to protect the interests of the child. 

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

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 bringing a case.  

Back to top

UPCOMING EVENTS

Child marriage: African girls’ summit - Promoting collective efforts to end child marriage in Africa
Organisation: African Union
Date: 26-27 November 2015
Location: Niamey, Niger

Africa: The right to protection of children with disabilities - A regional multi-stakeholder workshop
Organisation: African Child Policy Forum
Date: 26-27 November 2015
Location: Niamey, Niger

Journalism: Global Media Competition - 'Reporting fairly on labour migration'
Organisation: International Labour Organization et al. 
Submission deadline: 1 December 2015 
Location: N/A

Call for abstracts: Improving standards of care for alternative child & youth care - systems, policies & practices
Organisation: Udayan Care
Submission deadline: 1 December 2015
Event date: 18-19 March 2016
Location: Noida, India

Internet: Protecting children and young people online - in the home, at school and across devices
Organisation: Westminster eForum
Date: 8 December 2015
Location: London, United Kingdom

Family: Int'l conference on shared parenting - Best practices for legislative and psycho-social implementation
Organisation: International Council on Shared Parenting (ICSP)
Date: 9-11 December 2015
Location: Bonn, Germany

Disability: 32nd Pacific Rim international conference on disability and diversity
Organisation: Center on Disability Studies, University of Hawaii at Manoa
Submissions deadline: 17 December 2015
Event date: 25-26 April 2016
Location: Honolulu, United States

Education: Sixth int'l human rights education conference - 'Translating Roosevelt’s four freedoms to today’s world'
Organisations: HREA and University College Roosevelt
Dates: 17-19 December 2015
Location: Middelburg, Netherlands

Courses: Professional development courses in research with children & young people
Organisation: University of Edinburgh
Dates: March and April 2016
Location: Edinburgh, Scotland 

Back to top

EMPLOYMENT

CRIN: Legal Research Intern (Russian-speaking)
Application deadline: Rolling deadline
Location: London, United Kingdom

CRIN: Middle East and North Africa Intern
Application deadline: Rolling deadline
Location: Bethlehem, Palestine

Save the Children Sweden: Regional Thematic Advisor - Asia
Location: TBC, preferably in Bangkok, Ho Chi Minh or Manila
Application deadline: 2 December 2015

Save the Children Sweden: Director for Civil-Military Relations
Location: Stockholm, Sweden
Application deadline: 2 December 2015

LEAK OF THE WEEK

Back to top