21 April 2005 - Children Have Rights Too!

Summary: Updates on the last week at the 61st Session
of the Commission on Human Rights, including
information about adopted resolutions.
Children Have Rights Too!
Child rights at the 61st Session of the UN Commission on Human Rights

LATEST NEWS – Commission adopts Resolution on the Rights of the Child

In an omnibus resolution on the rights of the child, adopted by a roll-call
vote of 52 in favour and one against (US), with no abstentions, the
Commission urged once again the States that have not yet done so to
consider signing and ratifying or acceding to the Convention on the Rights
of the Child as a matter of priority and its Optional Protocols on the
involvement of children in armed conflict and on the sale of children, child
prostitution and child pornography. It called upon States parties to
implement the Convention and its Optional Protocols fully and in
accordance with the best interests of the child and to strengthen relevant
governmental structures for children. It further called upon all States to
end impunity for perpetrators of crimes committed against children.

This year's resolution was sponsored by Luxembourg, as president for the
EU group and, by Uruguay for the Latin American group (GRULAC). The
negotiations on the draft resolution started on 15 April, and were attended
by many state representatives. Unfortunately, there were hardly no NGOs
present. Few states seemed interested in improving the draft resolution,
and generally only took the floor to add their own comments and
suggestions. Henri-Paul Normandin, speaking on behalf of Canada, New
Zealand, Norway and Switzerland, mentioned that although they were
supportive of the draft resolution, it was still too long, where repetition of
old language was not conducive to the promotion of the rights of the child.
Furthermore, he regretted that the draft had been circulated too late for
review and suggestions by other parties, as co-operation and
transparency were very important on all draft resolutions, particularly this
one as it attracts so much support from many delegations.

Before the Commission voted on this resolution, the US proposed
amendments to the Preambular paragraph one and operative paragraph
two that recognise the importance of the Convention on the Rights of the
Child (CRC); to the operative paragraph seven recognising the contribution
of the International Criminal Court in defending the rights of children
victims of serious crimes, and ending impunity. Its final suggestion was to
operative paragraphs 16 (d) and (f) that addresses the rights of the child
to maintain contact with their parents residing in different states, including
in the case of illegal adoption.

The co-sponsors rejected the proposed US amendments, as they would
undermine the CRC, (and its Optional Protocols), which has been ratified by
192 states and provides for a comprehensive normative standard for
children's rights. The amendments were rejected by a vote of 51 against, 1
in favour (US) and one abstention (Pakistan).

Further details, including the text of the resolution and the alternative
resolution prepared by the subgroup for the CHR, are available at the
following: www.crin.org/chr

THEMATIC RESOLUTIONS: Resolution on the Abduction of Children in Africa

In a resolution on the abduction of children in Africa, adopted as amended
and without a vote, the Commission condemned the practice of abduction
of children for various purposes, among other things, for involvement in
armed forces or armed groups, for participation in hostilities, for sexual
exploitation and forced labour. It also condemned the abduction of children
from camps of refugees and internally displaced persons by armed forces
and armed groups, and their subjection of children to participation in
fighting, torture, killing and rape as victims and as perpetrators.

The Commission demanded the immediate demobilisation and
disarmament, reintegration and, where applicable, repatriation of all child
soldiers, particularly girls, who have been recruited or used in armed
conflicts in contravention of international law. It called for the immediate
and unconditional release and safe return of all abducted children to their
families, extended families and communities.

The Commission called on African States to, among other things, take extra
measures to protect refugee children and internally displaced children,
particularly girls, from being abducted; and to take adequate measures to
prevent the abduction and recruitment of children by armed forces and
armed groups and their participation in hostilities. It encouraged all African
States to integrate the rights of the child into all peace processes, peace
agreements and post-conflict recovery and reconstruction phases; and
called upon all Member States to put an end to impunity and to take
appropriate steps to identify those responsible for child abductions in Africa
and bring them to justice.

Lastly, the Commission requested the OHCR, working with Member States,
the ILO, UNICEF, and other relevant United Nations agencies, international
organisations and NGOs, to undertake a comprehensive assessment of the
situation of the abduction of children throughout Africa through the
organisation of sub-regional consultations.

THEMATIC RESOLUTIONS: Resolution on the Right to Education

The Commission adopted a text on the right to education, by which it
urged all States to give full effect to the right to education and to
guarantee that this right was recognised and exercised without
discrimination of any kind, to take all appropriate measures to eliminate
obstacles limiting effective access to education, and to mainstream human
rights education in educational activities, in order to strengthen respect for
human rights and fundamental freedoms.

PLENARY SESSION: Item 13 - Rights of the Child

On Monday 11th, the Commission concluded its general debate on
children's rights. NGOs addressing the Commission raised concerns related
to the scourges of child labour, sexual abuse and rape, child prostitution
and trafficking, lack of access to adequate standards of living, and lack of
realisation of the rights to health, food, and education, as well as to
specific discrimination and mistreatment suffered by the girl child such as
female genital mutilation and early marriage. They also raised situations of
concern in specific countries.

Representatives of the following non-governmental organisations
addressed the Commission on children’s rights: International Educational
Development; Society for Threatened Peoples; International Institute for
Non-Aligned Studies; Consultative Council of Jewish Organisations;
International Islamic Federation of Student Organisations; International
Young Catholic Students; MADRE; Netherlands Organisation for
International Development Co-operation; Human Rights Council of
Australia; Japanese Workers Committee for Human Rights; International
Human Rights Association of American Minorities; Asia-Japan Women's
Resource Centre; United Nations Association of San Diego; World Young
Women's Christian Association, in a joint statement with Women's
International League for Peace and Freedom; Centre on Housing Rights
and Evictions; Liberal International; and United Nations Watch.

For detailed reports, visit : http://www.crin.org/chr/reports.htm

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This update has been produced by CRIN, in collaboration with the NGO
Group for the Convention on the Rights of the Child, Subgroup for the
Commission on Human Rights. They are also available at the following link:
www.crin.org/chr/news. You can sign up to receive these by email. Send an
email to: [email protected] . Further
information about the 61st Session is available on the CRIN website at:
www.crin.org/chr. To submit information, contact Veronica Yates on
[email protected]. CRIN, c/o Save the Children, 1, St John’s Lane, London
EC1M 4AR, UK.

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