11 September 2006 - Rights CRINMAIL 27
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- CHILDREN IN CONFLICT WITH THE LAW: Review Child-Friendly Version of UN Guidelines on Justice [call for feedback]
- COLOMBIA: The State Recognises its Children as Subjects with Rights [news]
- EMERGENCIES: How to Report on Children [publication]
- DEBT RELIEF: A Rights Based Approach to Debt Sustainability [publication]
- GOVERNANCE: Children as Informed Participants [publication]
- COURSE: Human Rights Based Programming
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Rights CRINMAIL is a component of a project of the Child Rights Information Network (CRIN). It is published monthly with the purpose of informing and building the community of practitioners in rights-based programming. Your submissions are welcome. To contribute, email us at[email protected].
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If you do not receive this email in html format, you will not be able to see some hyperlinks in the text. At the end of each item we have therefore provided a full URL linking to a web page where further information is available.
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CHILDREN IN CONFLICT WITH THE LAW: Review Child-Friendly Version of UN Guidelines on Justice [call for feedback]
UNICEF is calling for children and young people to review the first draft of the child friendly version of the UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime.
Working with children or adolescents who have been affected by or witnessed a crime is an important responsibility. In order to help people do this well, the United Nations developed a document called the UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime. The Guidelines are meant to give children and adolescents the opportunity to help in solving the crime and bringing those who committed the crime to justice. They also explain how to protect children's rights and wellbeing during this process. The child friendly version of the UN Guidelines was developed to help all children understand what their rights are if they have been affected by crime. It is especially meant to let those who are in this situation know what they should expect from the adults helping them and from the justice system (police, courts, etc.) in their country.
The best way to improve the child-friendly version is to get the views of young people themselves. Once UNICEF has your comments and suggestions, they will go back and make the document better using what they have learnt from you. They will also translate this improved version into many other languages, and make them all available on a CD and the Internet.
Deadline for comments: 18 September 2006
Send comments to: [email protected]
Visit: http://www.crin.org/resources/infodetail.asp?id=10155
For more information, contact:
UNICEF
H-9, 3 United Nations
Plaza, New York, NY 10017, United Kingdom
Tel: + 1 212 824 6127
Email: [email protected]
Website: www.unicef.org
Further information
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COLOMBIA: The State Recognises its Children as Subjects with Rights [news]
[BOGOTA, August 31 2006] - The 215 articles approved by the Senate of the Republic on 29 August mark the beginning of a new phase for Colombia’s 18 million children and adolescents. With them, the country has updated its legislation on children, adjusting it to the 1989 Convention on the Rights of the Child.
After seven sessions, the Senate approved a set of articles that make children subjects of rights, and not objects of protection. With the Senate’s decision, and after three years of consideration in Congress, the text is now in the hands of the Conciliatory Commission between the House and the Senate. Following this process, the law can be sanctioned by the President, and then will be ready to enter into effect.
Senators Gina Parody and Héctor Héli Rojas were the ones who sponsored the passage of the bill through Congress. Some of the most significant changes the law introduces, vis-à-vis the former Code for Minors, deal with child labour, the operation of adoption agencies, the criminal liability of young people, sentences for crimes committed against children, the restoration of rights, and State support for the provision of health and education services for persons under 18.
From Code to Law
Legal age for employment: This Law on Children changes the minimum age for children to work from 14 to 15 years, stipulating that such work must not place the well-being of the children at risk. Furthermore, one of the Law’s objectives is to strengthen campaigns and programmes for the total eradication of child labour.
Adoption agencies: Regarding agencies for the adoption of children, these will come under the surveillance of the Colombian Institute of Family Welfare. These institutions may not receive national or international donations for providing children for adoption, and will be sanctioned for doing so.
Penalisation of adolescents: One of the most conflictive themes dealt with during the passage of the Law was with respect to processes for punishing youths that become involved in criminal behaviour. When the Law enters into effect, the process of investigation, accusation and trial of these cases will have a clear orientation towards the formation and social reintegration of these young people. According to Beatriz Londoño, former Director of the Colombian Institute of Family Welfare, the framework governing these processes should be pedagogical, differentiated and specialised. Deprivation of liberty is held out as the last-resort punitive measure, and the minimum age for imposing this sanction is sixteen. However, investigations may begin and other kinds of sanctions be applied only in cases of child lawbreakers over 14. The old Code for Minors permitted the beginning of criminal trials from the age of 12 forward.
Sentences for crimes against children and adolescents: On the other hand, one of the most important changes introduced by the Law is the stiffening of sentences for those who commit crimes against children. After being sentenced, the aggressors will have no possibility of winning any benefits. Furthermore, authorities and communication media must disseminate the identities and photographs of these persons as a way of promoting a social sanction.
Restoration of rights: In cases where children are physically, sexually or psychologically abused, the State has the obligation to restore their rights and provide reparation for damages.
Finally, in matters of health and education: the Law on Children stipulates obligatory attention for children from socio-economic strata one, two and three in all the country’s hospitals and clinics. Similarly, the State guarantees these children free access to education through the ninth grade.
With these changes (to mention only some of the more important ones) introduced into its legislative framework, Colombia ceases to be a country where people speak of “minors”, and becomes a State that recognises its children and adolescents as a “major” responsibility.
What remains is the enormous task of converting these norms into reality, and building with them the country that Colombian children and adolescents deserve.
Visit: http://www.crin.org/resources/infoDetail.asp?ID=10069&flag=news
For more information, contact:
UNICEF
H-9, 3 United Nations Plaza, New York, NY 10017, United Kingdom
Tel: + 1 212 824 6127
Email: [email protected]
Website: www.unicef.org
Further information
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EMERGENCIES: How to Report on Children in Crises [publication]
Alongside AlertNet's 2006 poll of child danger spots, Mike Jempson, director of journalism ethics charity the MediaWise Trust, gives his top tips for reporters interviewing children in times of war and disaster. They're meant to help journalists find their bearings, get the best quotes and avoid the risk of unwittingly causing children harm when the journalist's top priority is to get the story out.
As a journalist, what you produce will be witnessed and absorbed by people who may have no experience of horrendous events endured by the children. Your subject may become the object of strangers' pity, sympathy or even generosity. The story you tell in words and pictures may galvanise them into action about the causes or consequences of yet another humanitarian crisis. But what happens to the children with whom you have engaged?
Even if they are still living at home with their family, children caught up in extremes of violence, drought, famine, or other forms of social upheaval are likely to be traumatised. How they respond to trauma may vary enormously according their age, background, and personality - factors you may know little about. And while you may regard yourself as the passing stranger simply reporting the facts, they may attach considerable significance to the interest you show in their circumstances.
Refugee camps can be bewildering and frightening places for adults, let alone children, especially if they are far from familiar surroundings. Such places are full of strangers, and the children lack reference points against which to measure their motives. Aid workers complain that the arrival of foreign media can add to the trauma felt by children. It can raise false expectations among those who have some idea about the role of the media. It can exacerbate tension, especially if the need to meet deadlines overrides common courtesies and respect for people who already feel lost and abandoned.
These guidelines are simply that - some pointers to help you get your bearings and avoid the risk of unwittingly causing harm when your primary intention is to 'get the story out'. If you are using an interpreter, make sure s/he knows the ground rules, and is aware of the way you want to handle interviews with children rather than what you want out of them. Your empathy is wasted if the interpreter's interaction with the children is inappropriate. Explain that you want to know exactly what they are saying, and that the children are under no obligation to respond.
1. Put the best interests of the child first. Your reports can have unexpected consequences, so THINK about your motivation, the way the story is likely to be presented, and what comeback there may be on the child/ren. One key issue is their identity. For example, a (former) 'child soldier' who talks to the media may risk assassination if their controller realises s/he is passing information that might incriminate adults. Similarly child witnesses to atrocities may face retribution - even in refugee camps.
2. Seek permissions where possible. If children are in the custody of responsible adults, find out more about their circumstances before talking with them. It is entirely inappropriate to interview severely traumatised children, and the more distressed the child the more important it is to interview them in the presence of an adult known to them. Always check whether it is appropriate to identify them fully (by name or photograph).
3. Consider the pros and cons of full identification. Acknowledging the personal identity of a child is an important element of showing respect and gaining confidence, but revealing it fully to the public may not be appropriate. The child may have no objections, but as a responsible adult you have to consider the implications. Even when interviewing children who have lost contact with their families, be circumspect about revealing their full identity. Include sufficient clues to alert a genuine relative, but beware of supplying full identification in case you are putting them at additional risk. All media is now global - so your story may be seen by people elsewhere whose motives for contacting the children may be suspect. If in doubt, seek advice from adults known to the child.
Is that picture really necessary? The tears of a child send powerful messages - but identifying a child unnecessarily may have both positive and negative consequences. If it is the tear you want, focus on the tear not the face. If it is the face you want, do not make it anonymous. Tell the child's story so that s/he may benefit, but always check on the identification issue.
4. Always explain. Try to ensure that the child/ren know what you are doing. You cannot be sure whether they regard you as friend or foe, so begin by explaining who you are, why you want to talk to them and what you will do with the information you gain, and who your audience is likely to be. Show them your identification, and show them how your equipment works.
5. Give them time. A pressing deadline may control your agenda, but it means nothing to traumatised children. Where possible allow them to get to know you, even if it is only over a few days. You need to be able to give them time; if you cannot, think twice about engaging with them. They are not there for you; as an adult they see you as there for them. Their welfare and livelihood are more important than their 'story', and they are more likely to open up once they have become more familiar with your presence. Above all really listen to what they are saying, rather than simply seizing on 'quotable quotes'. Even at the best of times individual children dislike being portrayed as representing a group or 'type'. You may be able to generalise after talking with several children, but try to acknowledge their unique experience rather than seeking 'iconic' images and stories about children in crisis.
6. Double check wherever possible. Children can be fascinating and compelling witnesses, but their lack of experience and vocabulary can lead to confusion. They may be anxious to please and tell you what you want to hear rather than what they know. The stories told by traumatised children may describe their feelings and fears as much if not more than actuality. Do not rely in them as 'hard evidence', until you have been able to check facts with other witnesses, or people who know more about the child's history.
7. Don't raise false expectations. A traumatised child may harbour false expectations, or fears, when a stranger takes a particular interest. Never bribe or coax them, and never make false promises however much you want to show sympathy and understanding. Children remain in situations of crisis long after the media has lost interest, and unfulfilled promises further damages their ability to trust adults. Singling out individual children or families for special treatment can cause problems after you have gone. If you want to help, agree with colleagues about some way of sharing your resources with a wider group - perhaps through a trustworthy local agency.
8. Make links. If you are telling a child's story, where possible try to ensure that there is some way of getting back in touch with child, through a named person at an aid agency for example. This is important not just for follow-up, but in case your story generates responses that may be significant for the child (from relatives outside the country, for example).
9. Focus on the positive. Don't be afraid to talk openly about the earthquake/battle/journey the children have endured, but try not to probe too much into the personal. They will know if you are trying to avoid the issue. Look for stories that encourage hope rather than despair - stories of personal endurance and heroism. Even in the worst circumstances there may be moments of joy and laughter, which help to emphasise our common humanity. Children have an extraordinary capacity for resilience, and merely telling positive stories can be a comfort when all else seems grim.
10. Give space to talk rather than perform. Children function best among their peers, so one of the best ways of engaging with them is to work with a group. Ask if you can watch or join their games. Let them tell you what is it is about, and once you have shown interest they may clamour to tell you about each other. Always try to operate literally at their level, rather than standing over or apart from them. If they are sitting on the ground, join them. If they show interest in your recording equipment, let them examine it - touch it, even use it.
Children may want adults to hear their stories, but may find it difficult to tell them to a stranger. Let them know that children elsewhere want to know what has happened to them. They may find it easier to speak into a mic or a camera if they can imagine that there are other children on the receiving end. Once they get started, let them continue with minimal prompts. If one child stops there is usually another who will want to add their own contribution. Then ask them if they have any messages for the adults who are responsible for their welfare - or the conditions under which they are now living.
Children also delight in singing, especially as a group. Don't demand that they perform, but ask them if there are any songs they enjoy singing. Sharing a popular song can evoke happy memories and laughter, and in reminding them of normality may bring back elements of their story may be willing to share with you.
Traumatised children may feel the need to talk, but others may be too withdrawn to communicate easily. One of the simplest, and most helpful communication techniques is drawing. A few sheets of paper from your notepad may allow a child to express something of the anxiety going on inside. And once they have drawn something they may be willing to explain it to you. Their drawings and their explanation may make a very powerful story when put together.
Most important of all, you have a responsibility not to risk retraumatising them. When they recount their stories, don't push for details if they show reluctance. However tantalising the account, let it go rather than risking emotional abuse. Bow out when a child becomes withdrawn, distressed or over-excited, and make sure a responsible adult is aware of what has happened.
[Source: AlertNet]
Visit: http://www.crin.org/resources/infoDetail.asp?ID=9954
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DEBT RELIEF: A Rights Based Approach to Debt Sustainability [publication]
In a New Economics Foundation (NEF) research paper, Debt Relief as if People Mattered, the Jubilee research programme (an official successor to the Jubilee 2000 campaign and project of NEF), proposes a radical new approach to debt cancellation - based on the amount of revenue that a government can be expected to raise without increasing poverty or compromising the meeting of basic human needs. This means a change from the traditional approach to debt cancellation based on crude financial measures - towards protecting government spending needed to meet basic human development needs as well as not taxing those people who already live below the poverty line.
NEF's new analysis adopts an ethical poverty line of $3 per person a day - a level more compatible with the basic human rights of well-being and health than the $1 and $2 a day poverty lines used by the World Bank and others. Based on this, and using data for 136 countries, NEF has calculated which countries will need 100 per cent cancellation of their debts and which will need some debt relief to reduce their debt to a sustainable level. The results show that of the 136 countries surveyed, between 51 and 54 needed complete cancellation of their debts and between 32 and 53 needed partial cancellation on human rights grounds. Bangladesh and the Democratic Republic of Congo, for example, need 100 per cent debt relief, amounting to $11.8 billion and $10.5 billion, respectively.
Visit: http://www.crin.org/resources/infoDetail.asp?ID=9912
For more information, contact:
New Economics Foundation (nef)
3 Jonathan Street, London, SE11 5NH, United Kingdom
Tel: +44 (0)20 7820 6300; Fax: +44 (0)20 7820 6301
Email: [email protected]
Website: www.neweconomics.org
Further information
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GOVERNANCE: Children as Informed Participants [publication]
Children had traditionally been neglected for the process of governance and have been treated as passive recipients of interventions. This paper calls for the participation of children in decision making, and empowerment through mandate, information and resources.
Visit: http://www.crin.org/resources/infoDetail.asp?ID=9868
For more information, contact:
Concerned for Working Children
303/2 L.B. Shastri Nagar, Vimanapura post, Bangalore 560017, India
Tel: + 91 80 523 4611; Fax: + 91 80 523 4258
Email: [email protected]
Website: www.workingchild.org
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COURSE: Human Rights Based Programming
A human rights-based approach is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. Essentially, a human rights-based approach integrates the norms, standards and principles of the international human rights system into the plans, policies and processes of programme development.
Participants will deepen their knowledge about project and programme development from a human rights framework and learn how to apply the principles of equity, empowerment, participation and accountability to various phases of project planning and implementation. Participants will also gain sensitivity to how programmes can integrate non-discriminatory practice and give attention to vulnerable groups. The course will focus on practical tools for human rights situation assessment, programme planning, implementation, monitoring and evaluation within the rights-based conceptual framework.
Course outline
Weeks 1-3: Introduction
Week 1. The Human Rights Framework
Week 2 Overview of Programming Phases
Week 3. Key Elements of Rights-Based Programming
Weeks 4-7: Elements of Rights-based Programming
Week 4. Situation Assessment
Week 5. Programme Design
Week 6. Programme Implementation
Week 7. Monitoring and Evaluation)
Weeks 8-10: Examples of Rights-based Programming
Week 8. Analysis of Rights-Based Programming: Case Study 1
Week 9. Analysis of Rights-Based Programming: Case Study 2
Week 10. Rights-Based Programming and the Future of Human Development Work
Visit: http://www.crin.org/resources/infoDetail.asp?ID=7478&flag=event
For more information, contact:
EA - USA Office
PO Box 382396, Cambridge, MA 02238, United States
Tel: + 1 978 341 0200; Fax: + 1 978 341 0201
Email: [email protected]
Website: www.hrea.org
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