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In this issue:
New report from the UN Special Rapporteur on Toxics, focusing on children's rights
The best interests of the child should be at the heart of decision making when it comes to protecting children’s rights to life, survival and development, health, freedom from the worst forms of child labour, and also to safe food, water and housing. The UN Convention on the Rights of the Child explicitly links children’s right to health with pollution and contamination, but there are still systemic failures to realising children’s rights in the context of toxic chemicals.
-- Baskut Tuncak
Read the full comment from the UN Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, along with his latest report on children’s rights and toxics here.
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LATEST NEWS AND REPORTS
Juvenile justice
A 15 year-old boy with mental health problems has been held in police cells in the United Kingdom for two nights over the non-payment of a small fine, in a case which is now being challenged in the courts. The teenager was detained after a warrant for his arrest was issued over an unpaid £129 court-imposed fine. The boy, who lives in a children’s home, claimed he thought staff had been deducting weekly amounts from his pocket money in order to pay the fine. But when police were called to the home following an unrelated incident the child was arrested and taken into custody at a London police station for two nights. The boy was eventually brought before the courts where no further action was taken against him. The Howard League for Penal Reform is now challenging the magistrate's court decision to issue a warrant against the child arguing that there is no legal power allowing the arrest and detention of children over the non-payment of fines. The charity wants it recognised that in accordance with the UN Convention on the Rights of the Child, children should only ever be detained as a last resort where absolutely necessary.
Also in the United Kingdom, more than 2,000 children were reported to police for crimes linked to indecent images in the space of three years. The figures, released following a freedom of information request by the NSPCC, revealed that 2,031 under-18s were reported for crimes linked to the possession, distribution, or production of indecent images of children between 2013 and 2015. Making or sharing indecent photographs of anyone under the age of 18 is an offence, however, there have been calls for recording rules to be adapted and for reform to ensure that children are not criminalised for consensually taking or sharing pictures of themselves, something which would not be a crime if they were an adult. Recent research by the NSPCC suggested many parents were unaware that it was illegal for children to take nude selfies. In the past year, the number of children counselled by Childline about sexting also rose by 15% to almost 1,400. The NSPCC has called for internet companies to make it easier for young people to get indecent pictures taken down so that they do not end up in the hands of paedophiles.
Up to 90 percent of children continue to be restrained with plastic hand ties upon arrest in Israel according to evidence collected by Military Court Watch (MCW), despite promised changes to detention practices. From their recorded testimonies, the organisation learned that 85 percent of children reported being blindfolded upon arrest, while almost half said they were arrested at night by heavily armed police. Under procedures adopted in 2010, after numerous reports of plastic wrist ties injuring children, Israel agreed to use such ties in a way which caused as little suffering as possible, in line with the right of children to be detained only as a last resort. Despite recommendations from UNICEF children also continue to be shackled by the ankles during appearances in military courts. The reminders from MCW about the treatment Palestinian children face in the military court system comes just weeks after Israel approved a Bill allowing for children as young as 12 to be imprisoned for violent crimes under civilian law.
Exploitation and abuse
In an effort to curb sexual abuse perpetrated by its peacekeepers, the United Nations will begin to issue its staff with "no excuses" cards, reminding them of their obligation to protect civilians without exploiting them. The cards will be introduced alongside other measures aimed at blocking applicants with a history of sexual violence. The UN is looking to standardise reporting procedures for cases where peacekeepers are alleged to have taken part in sexual abuse and Secretary-General Ban Ki-moon is also considering establishing an additional investigative body with a victim-centred approach. The UN has dealt with allegations of abuse by peacekeepers for decades, but came under intense scrutiny following its treatment of the then Director of Field Operations at the Office of the High Commissioner for Human Rights (OHCHR), Anders Kompass. After leaking reports about child sexual abuse by peacekeepers Kompass was suspended and later resigned, despite having previously reported the abuse through official channels. Despite the UN’s attempts to improve the system, the number of reported cases of sexual violence continues to rise, with 69 cases reported in 2015, and 41 reported in 2016 in the Central African Republic alone.
For more information on sexual abuse by peacekeepers, as well as advocacy strategies and recommendations to the UN, read CRIN’s new report on advocacy around peacekeeper sexual abuse here.
Years of droughts and floods have destroyed the livelihood of many rural families in Mozambique and more and more parents are forcing their children into sex work to earn a living. Speaking about the abuse, one child revealed that she earns $7 “on a good day” for sex with men including truckers, foreign traders and Chinese tourists. Reports have suggested that the increase in children being forced into sex work could cause a spike in HIV rates within the country, and data from UNICEF has revealed how falling rates of school enrolment may also be linked to ongoing droughts and floods. While pimping is illegal in Mozambique and several high profile prosecutions have been carried out, allegations persist that some police officers target underage girls, and extort sexual favours from them instead of helping or protecting them.
On top of claims that newly-arrived refugee and migrant children are being sexually abused, rights advocates in Italy have warned that unaccompanied children are being exploited for labour in the country’s rural regions. Paolo Rozera, Head of UNICEF Italy, explained that many agents looking for cheap field labourers were unscrupulous when it came to the ages of their recruits. "For them it's very important to find people that are available to work for very few euros," he said, "For the minors it's an opportunity to earn some money for themselves or to send to their parents". Some children have also noted wage discrimination, with payment being offered to unaccompanied migrants sometimes falling as low as 25 percent of what an Italian would expect for the same amount of work. The EU’s border agency has reported that as many as 750 people are arriving in Italy each day from sub-Saharan and Western Africa, and delays with visa processing have led to as many as 5,000 unaccompanied children leaving refugee camps to find work or to travel onwards. The UN Committee on the Rights of Migrant Workers and Members of their Families also expressed its concern about the difficulties faced by migrant children this week, endorsing a set of principles to guide governments, NGOs and others on dealing with the rights of children on the move.
Racism and discrimination
In Canada, the suggestion that children in foster care could be temporarily housed in youth criminal justice facilities has been heavily criticised. The suggestion is one of many Northern Ontario is considering as part of a review of the residential services provided for children in State care. One of the goals of the review is to keep foster children, many of whom are First Nations children, closer to the communities they come from, but a lack of facilities in the north means they are often sent to Southern Ontario or beyond. The number of youths in custody has fallen sharply, leaving these facilities with empty space, while a shortage of foster, treatment and group homes in the north means that many children in care are sent far from home. Alvin Fiddler, grand chief of the Nishnawbe Aski Nation, and the province’s youth advocate, Irwin Elman said that putting children in local criminal facilities is like putting them in jail and is not a solution. Both expressed their wish to see better support to help indigenous children stay closer to their families, communities and culture. A spokesperson for the Minister of Children and Youth Services said the entire system was under review, and that no decisions had been made.
Girls in South Africa are protesting against strict rules in secondary schools requiring them to straighten or tie up their hair. The students claim the rules discriminate against black students and use white stereotypes as the ideal model for all pupils. A student at the Pretoria High School for Girls explained to journalists that a 13-year-old black girl was disciplined for writing an essay on black women suffering at the hands of "white privilege" and was told that her hair was too ‘unruly’. The students later staged several protests and started a petition calling for changes to the school’s code of conduct, disciplinary measures for staff involved in racist abuse and protection for protesting students. The movement quickly caught on and students in the cities of Bloemfontein and Port Elizabeth added their experiences of being singled out by staff. As a result, a group of students and parents were invited to meet with the Western Cape Education Department over the poor response from one High School principal.
Gender and sexuality
In Uganda, an eight-year-old girl has been arrested, accused of having committed “lesbianism”. It is believed that the girl was reported to the police by a neighbour, who claimed that she had been engaging in “romantic relationships” with other girls, “luring” them to a nearby farm, and instigating “various sex acts with her fingers”. The girl’s arrest was confirmed by an officer at Jinja Police Child Family Protection Unit and the incident has received condemnation from activists around the world calling for her immediate and unconditional release. Uganda is well known for having some of the most forceful anti-LGBT legislation in the world. Uganda’s penal code has criminalised homosexual acts involving two men since the period of British colonial rule, and these provisions were extended in a series of 2014 amendments.
Meanwhile in Kenya, MP Isaac Mwaura is calling on the country’s legislature to pass a Bill recognising a third gender, to prevent discrimination against intersex citizens. Under the current system of confirming identity during childhood, intersex people can experience social, academic and professional difficulties during their formative years and into adulthood as a result of a misassigned gender. More than 100 intersex people have now requested that Parliament issue them with their identity cards later in adulthood to avoid this discrimination. In addition, Mwaura is calling for legislation establishing programmes to assist persons with the condition, as well as public awareness campaigns in order to combat the stigma and discrimination attached to it. Mwaura has also called on the Interior Ministry to allocate funds for surgery where individuals decide it is in their own best interest.
Similarly, in Germany, intersex citizens are calling for the addition of another official status, beyond male or female, such as “inter” or “diverse”. They are being supported by advocacy group Third Option (Dritte Option) in their campaign. In 2013, Germany became the first European nation to provide a third gender option for babies born intersex, intended to prevent parents from making rushed decisions about the child’s identity. It was also intended to prevent the seriously harmful practice of surgical alteration, although this has not been successful. Angela Kolbe, a lawyer specialising in intersex research, says that it is a clear violation of basic rights not to have a third identification. Kolbe is expecting law-makers to be reluctant to enact such measures and the path towards complete equal treatment is expected to be a long one.
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UPCOMING EVENTS
UN: Public discussion event with candidates for the Human Rights Council
Organisation: International Service for Human Rights
Date: 13 September 2016
Location: Geneva, Switzerland
Changing Global Perceptions: Child Protection & Bodily Integrity
Organisation: Genital Autonomy
Dates: 14-16 September 2016
Location: Keele, UK
Education: Achieving education for all and eliminating child labour
Organisation: The International Training Centre of the ILO
Dates: 25-30 September 2016
Location: Turin, Italy
Alternative care: International alternative care conference
Organisation: University of Geneva and Institut de droits l’enfant
Dates: 3-5 October 2016
Location: Geneva, Switzerland
Family separation: Exploring the Causes and Consequences of Children Separated From Their Families Across International Borders
Organisation: International Social Service
Date: 13 October 2016
Location: Maryland, US
Access to justice: National Conference on Child Wellbeing
Organisation: The President’s Foundation for the Wellbeing of Society
Dates: 21-22 October 2016
Location: Valletta, Malta
Violence: 19 Days of Activism For the Prevention of Violence Against Children and Youth
Organisation: Women's World Summit Foundation
Dates: 1-19 November 2016
Location: Global
Education: Master of Advanced Studies in Children's Rights
Application deadline: 1 November 2016
Dates: February 2017 – November 2018
Location: Geneva, Switzerland
Education in Emergencies
Organisation: HREA
Dates: 2 November-13 December 2016
Location: online (e-learning course)
Children in War and Armed Conflicts
Organisation: HREA
Dates: 2 November-13 December 2016
Location: online (e-learning course)
Child care: Children's Rights in Alternative Care - Walk the Talk!
Organisation: SOS Children’s Villages
Dates: 8-9 November 2016
Location: Paris, France
Right to work: Eliminating child labour and promoting decent work in agriculture
Organisation: The International Training Centre of the ILO (ITCILO)
Dates: 14-18 November 2016
Location: Turin, Italy
Child labour: Developing skills and livelihood training programmes for older children
Organisation: ITCILO
Dates: 21-25 November 2016
Location: Turin, Italy
Education: International Children’s Rights
Application deadline: 1 April 2017 (non-EU) / 15 June 2017 (EU students)
Dates: September 2017 - Summer 2018
Location: Leiden, The Netherlands
EMPLOYMENT
Orchid Project: Chief Operating Officer
Application deadline: Rolling
Location: London, United Kingdom
Center for Reproductive Rights: Global Advocacy Adviser
Application deadline: Rolling
Location: Geneva, Switzerland
Amnesty International: Researcher/Adviser ESCR (Housing)
Application deadline: 23 September 2016
Location: London, United Kingdom
European Roma Rights Centre: Fundraising Consultant
Application deadline: 30 September 2016
Location: Budapest, Hungary
HURIDOCS: Executive Director
Application deadline: 15 October 2016
Location: Geneva, Switzerland
Oak Institute: Fellowship in film/photography and human rights
Application deadline: 2 December 2016
Location: Maine, United States
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THE LAST WORD
The UK’s government, not content to heed domestic and international calls to close down its controversial Prevent strategy, is asking the public to come up with its best ideas to stop radicalisation. Asking for projects that “develop innovative solutions”, the government has pledged a share of £1.5 million for the winning projects. Comfortably hitting their jargon targets, the competition’s authors reminded applicants that they needed to show “a route to market for their project outputs” and that they would have to take “the British Values test”. Applications are open from now until 5 October, so if you or someone you know can dream up a project that won’t attract international condemnation then the UK government wants to hear from you.
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