CRINmail 1514:
In this issue:
Latest news and reports
- Juvenile justice
- Violence and armed conflict
- Sexual and reproductive health and rights
- Child marriage
Upcoming events
Employment
LATEST NEWS AND REPORTS
Juvenile justice
Three UN experts have called on Iran to halt the potentially imminent execution of a man sentenced to death for a crime he allegedly committed as a child in 2012. Sajad Sanjari claims that he had acted in self-defence, stabbing a man following a rape attempt when he was 15, but Iranian courts recently upheld his death sentence, finding that he had sufficient “mental maturity” to understand his crime. The experts, including Benyam Dawit Mezmur, Chairperson of the Committee on the Rights of the Child, said they had received evidence that Sanjari’s trial did not meet international standards, adding: “Any death sentence undertaken in contravention of a Government’s international obligations is unlawful and tantamount to an arbitrary execution”. Iran remains one of the few countries to execute juvenile offenders despite its obligations under international human rights law prohibiting the use of the death penalty against anyone under 18. At least five juvenile offenders were executed in Iran during 2016 and, to date, more than 78 juveniles are reported to be on death row.
In the Philippines a bill to lower the minimum age of criminal responsibility from 15 to 9 years old could be passed in Congress by June this year, according to House justice panel chair Reynaldo Umali. Activists, including the Child Justice Advocacy Group have criticised the proposal, highlighting that the UN Committee on the Rights of the Child has called on States to progressively raise the age of criminal responsibility, and has made it clear that a minimum age of criminal responsibility of nine is not internationally acceptable. A separate bill to bring back the death penalty for 21 heinous crimes is also being debated. Critics have slammed claims from death penalty supporters that the imposition of capital punishment for adults provides protection for children as “baseless”, adding that child protection should not be used as a pretext for state-sanctioned killings.
Juvenile detention centres in Brazil are housing more than 24,000 children, exceeding their capacity by almost 24 percent, according to Human Rights Watch’s World Report 2017. The finding follows incidents of gang violence in adult prisons that has left more than 100 inmates dead. In October 2016, 11 children were also killed during riots in two juvenile detention centres in the state of Pernambuco. Brazil has the world’s fourth highest rate of incarceration, with the prison population expected to rise from the current 600,000 to 1.9 million by 2030 if current rates persist. Advocates say it could get worse, as lawmakers are considering a bill that would increase the maximum detention period, placing even more demand on overcrowded facilities. HRW says overcrowded prisons are breeding grounds for abuse, as understaffing means detainees are vulnerable to violence and gang activity. The strain is higher in adult prisons which, with 622,000 behind bars, are housing 67 percent more inmates than they were built to hold, according to HRW.
A year since India’s Juvenile Justice Act came into effect, experts say its provisions are too ambiguous, making its consistent implementation difficult. One of the Act’s most debated clauses allows 16 and 17-year-olds to be tried as adults in cases of heinous crimes such as rape and murder, for which the minimum punishment is seven years’ imprisonment. Previously it was three years in a reform home. Especially concerning is the provision for a psychological assessment of a juvenile offender, to assess their capacity to commit and understand an offence, before deciding if they are to be tried as an adult or child. Experts not only question the provision itself, but say the assessment methods vary from place to place, with suspected offenders in Mumbai being given IQ tests, despite maturity and psycho-social profiles not being measured in this way. Other concerns include placing a child who is pending trial in a “place of safety” without details as to what such a place could be, and adult court judges being unaware of the new law and thinking it is not relevant to them.
Violence and armed conflict
Grave violations against boys and girls were committed with impunity over the course of several years in Somalia, according to a new report from the UN Secretary-General. The report focuses on the impact of armed conflict on children in Somalia covering the period from April 2010 to July 2016, focusing on child recruitment, deprivation of liberty, and the killing and maiming of children. The majority of violations documented took place in 2012, when the Somali National Army and the African Union Mission in Somalia conducted major joint operations against armed group Al-Shabaab. As the military campaign against Al-Shabaab intensified again in 2015, the number of violations also increased, spiking again during the first six months of 2016. More than 6,000 cases of child recruitment were verified by the UN, while 3,400 children were confirmed to have been maimed or killed in the conflict, with most caught in the crossfire between the forces involved.
At least one girl has been killed and four others injured in attacks near a school outside the Yemeni capital, Sana'a. The attack targeted a market near Al-Falah school in the district of Nihm, northeast of the capital Sanaa according to AFP. UNICEF representatives called for strikes on schools to end, stressing that 1,400 children had already been killed in the conflict, with as many as 2,140 more wounded. The UN claims that more than 1,600 schools are currently unfit for use due to damage, the presence of displaced people, or occupation by combatants, leaving two million children out of school. Evidence gathered by the UN now also demonstrates that at least 10,000 people have been killed in the war in Yemen between Houthi rebels and the Saudi Arabia-led coalition supporting the government, while the Yemen Data Project revealed last year that one in three strikes organised by the coalition were against civilian sites.
Plans to decriminalise domestic violence are moving ahead in Russia after a bill allowing first-time offenders to avoid jail passed its first reading in the legislature. If approved, the law would stipulate that the first reported instance of battery against a spouse or a child would only be punishable by a fine, being treated as an administrative matter rather than a criminal one if it did not result in an injury. The draft law was proposed by conservative politician Yelena Mizulina, known mostly as the author of Russia’s controversial ‘ gay propaganda’ law. Despite evidence demonstrating the frequency of violence against women and children, Mizulina also complained about children being allowed to sue their parents for violent attacks, citing a case in which a daughter reconciled with her mother after being slapped by her. Secretary-General of the Council of Europe Thorbjørn Jagland said moves to weaken protection from violence would be “ a clear sign of regression”, while Russia’s children’s ombudsperson, Anna Kuznetsova, has yet to comment.
Officials in China have vowed to outlaw physical abuse and the use of electroshock therapy on children held in ‘internet detox camps’. The move comes after doctors expressed concerns that they had seen children return from similar camps with signs of “lasting psychological trauma” and following the murder of one mother by her daughter after she was sent to a camp against her will. Internet boot camps, or detox camps, became big business in 2014, as there were reports of an increase in the number of young people suffering from insomnia and depression related to long hours and late nights chatting and playing online games. The camps involve military-style drills and psychological counselling, according to reports from the South China Morning Post, in an attempt to ‘recondition’ young people who are affected by excessive internet use. The draft legislation also seeks limits on how long children can spend playing online games at home or in internet bars. The law does not yet specify the number of hours allowed and Chinese social media users have been quick to mock the proposed rules.
Sexual and reproductive health and rights
Twin boys born to a same-sex couple through surrogacy do not have the legal status of brothers, an Italian court has ruled. The fathers - who both provided sperm - have, however, each been allowed to become the legal parent of their own biological child. The boys were born in California, where surrogacy is legal. But when their fathers brought them back to Italy a registry office clerk in Milan refused to grant their birth certificates because making or advertising surrogacy arrangements is illegal under Italian law. This effectively denied the children Italian nationality and their fathers’ parental rights, leading the fathers to sue the civil registry. The couple’s request was originally denied but upheld on appeal. Despite recognising each father as the legal parent of their own child, the twins cannot be recognised as the couple’s children and their fathers could not adopt each other’s son as same-sex couples cannot adopt in Italy. For more on this issue, read our special edition CRINmail on surrogacy and children’s rights.
President of the Philippines Rodrigo Duterte has signed an executive order advocating measures allowing women greater access to contraceptives and other health measures to grant them better control over their reproductive health and family size. It is hoped that Executive Order No. 12, will help relieve poverty, with agencies reaching at least six million women by the end of the administration. The order reflects the essence of the Responsible Parenthood and Reproductive Health Law Act (RPRH Law), which expanded public access to reproductive health services and mandated sex education in schools. The implementation of this law has been hindered by a temporary restraining order issued by the Supreme Court, though it is hoped that the court will now act to lift the order.
Conservative MPs in the United Kingdom have blocked an attempt by the Labour Party to introduce compulsory sex and relationships education (SRE) in schools. The proposals, tabled in an amendment to the Children and Social Work Bill, would have placed a duty on local authorities to ensure all children in their areas received education on sex and relationships, same-sex relationships, sexual consent, sexual violence and domestic violence. Education watchdog Ofsted would carry out targeted inspections as part of safeguarding requirements, and pupils would be able to withdraw from the lessons if requested, as is currently the case. SRE is currently compulsory in schools funded by local authorities, and subject to inspection by Ofsted, but academies and free schools can choose whether to follow government guidelines on the subject. Labour MP Stella Creasy argued that the government was failing to ensure all pupils had access to the information they require by only providing guidance on SRE provision. She said legislation is the only way to ensure children are educated properly.
Child marriage
Bangladesh will be taking a step backwards in efforts to end child marriage if parliament approves changes to a law which would permit girls below 18 to be married in "special cases", according to Girls Not Brides. Bangladesh has one of the highest rates of child marriage in the world despite moves to strengthen law enforcement and toughen penalties against the crime which bans marriage for girls under 18 and men under 21. In 2011, more than 32 percent of girls aged between 15 and 19 were married compared with 37.5 percent a decade before. Advocates point out that child brides are often denied the chance to go to school, are isolated from society and forced into a lifetime of economic dependence as a wife and mother, while facing a greater risk of rape, domestic violence and forced pregnancies. The practice continues largely due to a combination of social acceptance and government inaction, activists say. Bangladesh's parliament is expected to consider the proposed change to the Child Marriage Restraint Act in its next session, beginning on 22 January.
Recent figures have shown that Indonesia is increasingly struggling to curb child marriage with one in four girls getting married before the age of 18, according to government and UNICEF statistics. In 2012 alone, more than 1.3 million girls married before reaching adulthood. Indonesia ranks seventh globally among countries with the highest number of child brides. The country’s legislation states that boys must wait until 19 to get married, while girls are allowed to marry at 16 with parental consent. Furthermore, girls under 16 can get married, provided their parents apply for an exemption to the religious court. Attempts by NGOs and women's rights activists to increase the marriageable age for girls to 18 have been largely unsuccessful with religious conservatism in the world's most populous Muslim-majority country playing an important role. In 2015, the Constitutional Court rejected an attempt to outlaw child marriage, arguing that Islam and other religions did not set the minimum age for marriage and that puberty is usually an indication that girls are ready for marriage. It also argued that early marriage could prevent premarital sex and having children out of wedlock.
Back to top
Employment
The LEGO Foundation: Vice President, Connecting Play and Education
Application deadline: 26 January 2017
Location: Billund, Denmark
UNICEF: Programme Specialist
Application deadline: 27 January 2017
Location: New York City, United States
Consortium for Street Children: Communications and marketing manager
Application deadline: 1 February 2017
Location: London, United Kingdom
Consortium for Street Children: Advocacy Officer
Application deadline: 5 February 2017
Location: London, United Kingdom
Terre des Hommes: Campaign Coordinator
Application deadline: 13 February 2017
Location: Brussels, Belgium
Back to top
LEAK OF THE WEEK
Thin-skinned golfer-in-chief Donald Trump shocked the world this week, not with inflammatory statements about world politics or attacks on civil rights heroes (or rather not just with those), but by announcing to the world: "I don't like tweeting"
In an interview with Fox News, Trump claimed: "I have other things I could be doing. But I get very dishonest media, very dishonest press. And it's my only way that I can counteract”. Those other things seem to include preparing for his inauguration party, after which he has announced that he will be taking the weekend off, so people didn’t miss his first acts while they are celebrating his confirmation as President.
Trump’s own website pledges that: “ On day one of the Trump Administration, we will ask Congress to immediately deliver a full repeal of Obamacare”, but by his own words it sounds like it will be day three. All talk, talk, talk - no action or results. Sad!
Back to top
| 
