HUMAN RIGHTS COUNCIL: Side event on 10th anniversary of the Optional Protocols to the CRC

A side event on the 10th anniversary of the adoption of the two Optional Protocols to the Convention on the Rights of the Child, on armed conflict and exploitation, took place during the 13th session of the Human Rights Council. (Read more about the event here)

Marta Santos Pais, Special Representative to the Secretary General on Violence Against Children, said: “We recognise that we have not done enough.”

Ms Pais emphasised that a third protocol on a complaints mechanism to the CRC would further strengthen the means of redress for children who have suffered rights violations. Read about the efforts to establish this mechanism here

Jean Zermatten, of the Committee on the Rights of the Child, noted that only two thirds of States have ratified both Optional Protocols. He also said the Committee regretted the weak data collection, dissemination of the texts, and the absence of monitoring systems on the instruments.

Susan Bissell, Chief of child Protection at UNICEF, also presented at the event. She said: “The Optional Protocols do more than set standards. The reporting requirements demand accountability from State Parties.” Two guides on the Optional Protocols have been published by UNICEF. Read them here

Ms Bissell outlined some positive examples on the relation to the OP on exploitation. For example, in the Philippines, the child protection act, adopted in 1992, complies with many of the requirements of the OPSC. Among other provisions, it criminalises the prostitution of girls and boys under the age of 18. She also emphasised that legal provisions are “not enough.” All the general measures of the CRC must be implemented.

In East Timor, the inclusion of a gender based violence module in the national police academy training curriculum has ensured the continued focus of police on sexual abuse and exploitation. In Ukraine, a specialised police unit has been established to combat child pornography.

Ms Bissell noted that many more examples had been highlighted at the Third World Congress against Sexual exploitation of Children and Adolescents. She cautioned, however, that a culture of impunity, both legal and social, prevails in many countries.

Radhika Coomaraswamy, Special Representative of the Secretary General for Children and Armed Conflict, spoke about the situation of children in armed conflict. She said there has been a “sea change” in attitudes. She has been able to testify before the International Criminal Court, and investigated many complaints of violations.

How do we move ahead? One way would be to have a campaign for “straight 18” to harmonise laws. Fine tuning reintegration strategies, which are long term, is another challenge. She noted the tendency to, for example, train children as mechanics for six months before sending them back to their communities – at which point they are rerecruited by armed forces.

Jo Becker, of Human Rights Watch, said: “In my experience of human rights, things take a long time to change. But in terms of child soldiers, what has been achieved in the last ten years is remarkable.”

Ten years, child soldiers were used in 36 countries from around the world. Today, that number is 14. Even ten years ago, many governments were still justifying using child soldiers, for example because it is a rite of passage to manhood – now you very rarely hear excuses. Governments have also raised the age of legal involvement to 18 in many countries.

Individual criminal responsibility has also changed markedly, with trials under way for example at the ICC. The Security Council has also taken up the issue in an “unprecedented way”.

Ms Becker outlined steps which are important to implementation of OPAC. One is ratification: “We need to encourage the remaining 60 to do so.” Secondly, “there is still a lot we can do to strengthen individual accountability”. Third, the potential for stronger bilateral action by States – using political and financial influence to stop the use of child soldiers. Fourth, the potential of the Security Council, and in particular the use of targeted sanctions against violators. Finally, it is much more effective to prevent children from being recruited in the first place, and we can do more to strengthen prevention programmes, for example through education and monitoring.

The UN Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, Najat M'jid Maalla, also presented at the side event. She outlined the nature of the Optional Protocol, and the clear obligations and provisions it contains. Ms Maalla tracked the progress made over the last ten years since the adoption of the Optional Protocol. She said: “National laws do not protect children efficiently,” while child protection strategies are not “entirely based on a child rights, cross-sectoral and integrated approach.”

Further information

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