The week in children's rights - 1533

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01 June 2017 subscribe | subscribe | submit information
  • CRINmail 1533:

    In this issue:

    Latest news and reports
    - Juvenile justice
    - Environment and health
    - Armed conflict and migration
    - Child protection and welfare
    - Stemming child marriage

    Upcoming events 

    Employment

    LATEST NEWS AND REPORTS

     

    Juvenile justice

    Lawmakers in the Philippines have withdrawn proposals to lower the minimum age of criminal responsibility (MACR). The house justice subcommittee, which has been working on a bill that would amend the juvenile justice system in the country, has removed provisions that would have reduced the minimum age at which children can be tried for criminal offences to nine, leaving the current limit of 15 in place. The new bill does, however, include provisions that would change how children under the MACR can be treated when they come into conflict with the law, creating new powers to place children under foster care or in youth care facilities. The bill also increases penalties for adults who exploit children to commit criminal offences, raising the maximum penalty for this offence to life imprisonment (reclusion perpetua). The bill will now return to the legislature where it will have to be passed by the House of Representatives and the Senate before it enters into force.

    Iran has carried out the third execution so far this year of a person who was a child at the time they committed the alleged offence. The man was executed in the Karaj Central Prison near Tehran for a murder he allegedly committed 30 years ago, when he was 16. Human rights organisations have responded to the latest execution, calling for the country to abolish the death penalty for any offence committed by a child to bring the law in line with international law. Iran amended its penal code in 2013 introducing a new sentencing regime for children who commit criminal offences, but retained the death penalty for offences under Sharia law. The country has carried out more recorded executions of child offenders since 1990 than all other States combined. For more information, see CRIN’s campaign report, Inhuman sentencing of children in Iran.

    Jamaican lawmakers have proposed legislation that would abolish the designation of children as “uncontrollable”, a measure which allows children to be detained for actions that are not criminal offences. Between 2011 and 2015, 611 children were detained in juvenile correctional centres in the country, 91 of whom because they were deemed “uncontrollable”. The measure is a common form of status offence, that punishes children for behaviour that would not be illegal if committed by an adult. Civil society groups have welcomed the proposed reform, calling attention to the growing consensus on the harm that unnecessary detention causes children. More controversially, however, the draft bill would also introduce anti-social behaviour orders for children who have committed “certain unwanted behaviours”. Similar measures have been in force in the United Kingdom since the 1990s and have been widely criticised for converting non-criminal activity into a criminal offence and drawing children into the criminal justice system. Read more in our recent global report on status offences.

     

    Environment and health

    Generations of children in the Copperbelt town of Kabwe in Zambia have suffered lead poisoning by almost of century of lead mining and smelting. In affected areas, the lead in the soil is about ten times the US safety limit and considerably higher in hotspots, according to a 2011 World Bank project. Meanwhile a 2014 study tested 246 children for lead and found that all of them were above the safety limit of five micrograms per decilitre of blood, the majority being above 45 micrograms per decilitre, which can cause brain, liver and hearing damage. Lead, which is still used around the world in car batteries, is a neurotoxin and is particularly damaging to children, as they ingest the most, especially from playing outside and frequently putting their hands in their mouths. However, lead poisoning remains a highly sensitive issue in Kabwe, with one local source reporting that there are children with brain damage, paralysis and blindness – all classic symptoms of lead poisoning – who have not been tested for lead, and that some children with disabilities are hidden away by families fearing stigma. Meanwhile those trying to tackle the problem complain that data gathered by officials is not made public.

    Three fossil fuel trade organisations involved in a climate change lawsuit brought by 21 young people in the United States have requested the court’s permission to withdraw from the case. When the youth plaintiffs filed their lawsuit in August 2015, in which they claimed that the federal government was failing to rein in fossil fuel development and address climate change, only the government and its agencies were named as defendants. But in November 2015, the trade organisations intervened in the case taking the side of the government, as they claimed that their members’ interests would be damaged if they were not allowed to be part of the case. Although the defendants have not given a reason for leaving the case, the environmental organisation Our Children's Trust explains it is to avoid handing over potentially incriminating information. The organisation says it has evidence showing all three companies and their members have had long-standing knowledge of climate dangers, and used their undue influence over the US government to sabotage efforts to address the problem.

     

    Armed conflict and migration

    Recent raids by US Navy SEALS in Yemen have resulted in high numbers of civilian deaths, including many children, according to interviews with local residents conducted by The Intercept. The most recent raid in the Yemeni province of Mareb on 23 May destroyed at least four homes and several civilians and children were killed alongside alleged militants. Local residents said at least ten civilians were killed and several others wounded during the raid. This operation is the second US Navy SEAL raid in Yemen acknowledged by the military since Donald Trump took office. The first operation in January killed at least ten children under the age of 13, as well as 16 other villagers and several supposed Al Qaeda members. President Trump billed the operation as “highly successful.”

    Ongoing armed conflict in North Africa and the Middle East has damaged health infrastructure and compromised water and sanitation services, threatening the health of 24 million children, UNICEF has warned. “Violence is crippling health systems in conflict-affected countries and threatens children’s very survival,” said Geert Cappelaere, UNICEF’s Regional Director. “Beyond the bombs, bullets and explosions, countless children are dying in silence from diseases that could easily be prevented and treated,” he added. Millions of children in Yemen, Syria, the Gaza Strip, Iraq, Libya and Sudan are lacking nutritious food and have no access to essential healthcare. Moreover, water and sanitation services have been compromised, causing waterborne diseases to spread. “When children can’t access healthcare or improved nutrition, when they drink contaminated water, when they live surrounded by waste with no sanitation, they become ill and some die as a result,” said Cappelaere. “There is very little standing between them and life-threatening illness, especially when humanitarian access is denied,” he ended.

    At least 31 people, mostly young children, have drowned after falling from a packed boat off the Libyan coast. The co-founder of the rescue group Migrant Offshore Aid Station reported that they recovered 31 bodies, almost all of them toddlers. The coast guard was forced to call in more ships to help with the rescue, with 1,700 migrants packed into about 15 vessels. More than 1,300 people have already died this year on the most dangerous route for migrants trying to reach Europe. Despite efforts by Italy and other European Union nations to bolster Libya's coastal patrols, record numbers of migrants have made the journey this year with more than 50,000 people being rescued at sea and brought to Italy so far in 2017, a 46 percent increase on the same period of last year, according to Italy's Interior Ministry. Most rescues take place just outside Libyan territory in international waters in a very busy stretch of sea where humanitarian vessels, the Libyan Coast Guard and scavengers hoping to recover abandoned migrant boats and their engines all operate.

     

    Child protection and welfare

    Up to 150 children die before the age of five every day in Myanmar, according to a UNICEF report which called for improved humanitarian access to an estimated 2.2 million children affected by violence. The child mortality rate in the country is estimated to be at 50 per 1,000 live births, and untreated diseases among newborns, such as pneumonia, are believed to be some of the most common causes of death. The report found that an estimated 30 percent of children under the age of five suffer from moderate or severe malnutrition, and that more than half of all children live below the poverty line. Myanmar is one of southeast Asia’s poorest nations, and despite much lauded political and economic reforms in recent years, the remote border areas of the country have seen an escalation in violence, putting civilians at risk of poverty, statelessness and trafficking, particularly in Rakhine state where 120,000 internally displaced people live in camps. The report also found that children constitute a third of landmine victims, and called for an end to the laying of landmines by all parties to the conflict, and for mine clearance work to take place wherever possible.

    The Canadian Human Rights Tribunal has ruled that the federal government has not complied with multiple orders demanding that it adequately address the healthcare needs of First Nations children. The ruling comes more than a year after the tribunal found Ottawa to be discriminating against First Nations children by allowing jurisdictional issues to interfere with the adequate provision of care. In that case, it was held that the upfront costs of health services should be paid by the government of first contact which may later refer to jurisdictional dispute mechanisms, a rule that is known as Jordan’s Principle after the five-year-old whose death became symbolic of systemic bias against indigenous children. The tribunal found that, despite some positive measures implemented since the 2016 ruling, the federal government is taking an overly narrow approach to the principle that overlooks the best interests of First Nations children by only applying it to certain groups of First Nations children with disabilities or short-term conditions. The ruling is the fourth in a series of compliance orders against Ottawa, and the tribunal set out a strict timeline for compliance, requiring the government to track the outcomes of all Jordan’s Principle applications by the end of July.

    The Chinese government has issued a new policy tightening measures related to guardianship of children. Under the new rules, neighbourhood committees, civil affairs departments, schools and hospitals will be able to apply to court to revoke the guardianship of parents or guardians who fail to perform their custody duties for more than six months. The policy mainly targets children under the age of 16, focusing in particular on children with disabilities; children from poor families who face difficulties in accessing essential services; and children suffering abuse, abandonment or accidental injury due to the absence of a family guardian. Schools, hospitals and other relevant organisations will be held liable if they fail to report to the police instances of family violence, abandonment or accidental injury, and the police are required to take immediate action after receiving such reports. The policy also sets out administrative penalties for parents or guardians who fail to rectify their behaviour after a minor case of maltreatment.

     

    Stemming child marriage

    Child marriage in West Africa is being driven by families seeking to avoid the shame of having an unmarried daughter who has sex or falls pregnant, according to recent research by Plan International. West and Central Africa have some of the world's highest rates of child marriage - three in four girls in Niger, and more than half in Mali, are married by the time they turn 18 - according to UNICEF. The number of child brides in the region is set to soar to 12 million in 2030, from around eight million today, amid booming population growth across the continent. Child marriage often cuts short a girl's education and increases the possibility of death in childbirth or injuries. Campaigners say approaches to tackling child marriage in West Africa must focus on more than just poverty and address the importance of honour and shame if the world is to meet a UN global goal to end the practice by 2030. Challenging male attitudes towards marriage, ensuring girls are in school and offering health and sex education are crucial, according to numerous rights groups.

    A new campaign has been launched in Tonga aiming to stop the increasing rate of child marriage by raising the legal age of marriage to 18. Under current legislation, children from the ages of 15-17 are able to marry with parental consent. The campaign, which is supported by the Ministry of Justice, was launched in response to the national increase in cases of child marriage, with over 50 such marriages recorded annually. Vanessa Heleta, founder of the Talitha Project, the organisation behind the campaign, said cases of child marriage are on the rise due to parental pressure, rather than through the consent of the child. "The pressure from parents on their children to marry is not in the best interest of the child but rather to save face and avoid public humiliation or for some other ulterior motive like personal gain… Teen pregnancy is one such reason for parental insistence for marriage," she said.


    UPCOMING EVENTS


    Environment: Seminar on Urban Planning and Children
    Organisations: Child in the City Foundation & European Network for Child Friendly Cities
    Dates: 19-20 June 2017
    Location: Rotterdam, Netherlands

    Child abuse: ISPCAN European conference on child abuse & neglect
    Organisation: International Society for the Prevention of Child Abuse and Neglect
    Dates: 1-4 October 2017
    Location: The Hague, Netherlands

    Disability: Pacific Rim Int'l Conference on Disability & Diversity
    Organisation: Center on Disability Studies
    Date: 9-11 October 2017
    Location: Honolulu, United States

     

    EMPLOYMENT

     


    Terre des Hommes: Secretary General
    Application deadline: 9 June 2017
    Location: Brussels, Belgium

    Defence for Children International: Project Officer - Advocacy and Outreach
    Application deadline: 15 June 2017
    Location: Geneva, Switzerland

     

    THE LAST WORD

    “Their sacrifice only strengthens our commitment to ensuring that United Nations peacekeepers continue protecting civilians in harm’s way, promoting human rights and the rule of law, removing landmines, advancing negotiations and securing a better future in the places they are deployed.”


    -- UN Secretary-General António Guterres on the occasion of the International Day of United Nations Peacekeepers on 29 May.

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