Submitted by crinadmin on
Summary: Children's rights featured in hearings on women and girls reproductive rights in Nicaragua and South America, children's right to nationality in the Dominican Republic, children detained with adults in the United States, violence against indigenous women and girls in Canada, as well as school violence, forced disappearances and migration in the Americas.
The Inter-American Commission on Human Rights staged its 147th session from 7–22 March 2013. During the session, the Commission held hearings on a range of human rights violations which persist in the Americas and approved reports on individual cases. Children's rights featured in hearings on women and girls reproductive rights in Nicaragua and South America, children's right to nationality in the Dominican Republic, children detained with adults in the United States, violence against indigenous women and girls in Canada, as well as school violence, forced disappearances and migration in the Americas. Children detained in adult prisons in the United States In one hearing, the Inter-American Commission heard of the current practice in the United States of detaining child offenders in adult prisons, with no effective separation between the two age groups. Petitioners pointed out that each federated state can set the age of criminal responsibility – in some cases it is as low as seven or 12 years of age – with at least 25 states allowing children to be tried as adults and imprisoned among adults. With an estimated 100,000 and 250,000 children in this situation, petitioners informed the Commission of how this practice places children at permanent risk of being victims of physical and sexual abuse at the hands of adult inmates. They also noted that child inmates are subject to arbitrary treatment by prison personnel, including food restrictions and being placed in solitary confinement. Moreover, child offenders are transferred to facilities located at great distance from their families, and a lack access to basic services including education, and psychological care, health services and adequate nutrition – all services that are necessary for their stage of development. Highlighting the difference in effectiveness between correctional facilities and rehabilitation programmes adapted to juveniles, petitioners highlighted that the level of reoffending is higher among those held in adult facilities than those in juvenile centres. In a separate yet related hearing on human rights and solitary confinement in the Americas, the UN expert on torture, Juan Méndez, presented disturbing information on how solitary confinement is used on child offenders in the region to "soften them up," "protect" them, or provide "corrective discipline." In response to the information it received, the Inter-American Commission strongly underscored that the prosecution and conviction of child offenders as adults, and their imprisonment in adult detention facilities, puts the United States in violation of the International Covenant on Civil and Political Rights. In this respect, the Commission reiterated its call to the US to abolish these practices to bring the country in line with its obligations under international law. The rights of migrant children In another hearing, the Inter-American Commission received information on the particular vulnerabilities faced by children at every step of the migration process in the Americas – before they leave their country of origin, during the journey, and once they reach their destination. Petitioners drew on abuse perpetrated at the hands of criminal groups and state authorities. In countries of origin or transit, in particular, such as Guatemala, Honduras, El Salvador and Mexico, children detained in centres for migrants suffer inadequate access to services, including legal advice and representation or psychological attention when reporting assaults. And when deporting an unaccompanied child, little consideration is given to their best interests, as there tends to be a failure on the part of authorities to guarantee proper safeguards. Once unaccompanied children reach the United States, the destination country, the decision to grant asylum or repatriate lacks a proper evaluation of the danger a child would be placed in if sent back to his or her home country. In particular, children have reported being threatened by gangs in their countries of origin. And disturbingly, some children who were retraptriated were later murdered. Also of concern is the expulsion of migrant parents resulting in children being left without parental care or taken into care institutions. In light of the information received, the Inter-American Commission announced that it will monitor the situation closely. Meanwhile the Rapporteur on the Rights of the Child is developing a report on children's rights and organised crime. School-based violence against children The session also featured a hearing on school-based violence against children across the region. Petitioners noted there is a high prevalence of different types and manifestations of school-based violence, but warned that there is a lack of awareness of the issue on the part of the State. Violence against women and girls During the session, the Commission expressed particular concern over the prevalence of violence against women and girls throughout the Americas. Various hearings dealt with this issue. Some petitioners discussed the high rate of disappearances and murders of aboriginal women and girls throughout Canada, and the long-standing discrimination they face which disproportionately exposes them to violence. Other hearings included the prevalence of violence against women and girls in Nicaragua, sexual violence against women and girls in Haiti as well as in the context of armed conflict in Colombia, and the high rate of murders of women in El Salvador, Guatemala and Honduras. The Commission heard from petitioners that the factors contributing to the continuation of this violence include social tolerance towards it which affects the institutional response to it, women's fear and distrust of State authorities, and lack of implementation of existing laws and policies. As regards the design of prevention programmes and the implementation of laws and policies, the Commission stressed the importance of the involvement of civil society organisations in State initiatives. Sexual and reproductive rights In several hearings, the Commission received information on the negative impact on women and girls of laws restricting abortion in countries such as Argentina, Bolivia, Brazil, El Salvador, Nicaragua and Peru. These laws, the Commission heard, violate women's rights in the areas of health, life, discrimination, equality, privacy and integrity, among others. These laws disproportionately affect women and girl from vulnerable sectors of the population on account of their poverty, race, ethnicity, age, and educational background. In El Salvador, petitioners said, at least 129 women have been processed for the crimes of abortion or for aggravated homicide between 2000 and 2011, while there have also been cases where women who have miscarried have been arrested and detained. Among its recommendations, the Commission urged States to recognise that therapeutic abortion is a specialised health service required by women and girls, as its purpose is to save a mother's life in cases where the pregnancy endangers it. As regards the human rights situation of women's rights defenders, the Commission received information about acts of violence, threats, harassment and prosecution that they face because of their advocacy work, in particular the work of defenders of women's sexual and reproductive rights. The rights of LGBTI persons The Commission received information concerning the existence of centres that claim to "cure" homosexuality. Petitioners presented information documenting how young and adult lesbian women are coerced or forced to go to the centres, at which we are subjected to all forms of violence including physical and sexual violence. Petitioners also drew on the social prejudices that question the “suitability” of lesbian women in their roles as mothers, which places limitations and undue restrictions on the custody of children. The children of lesbian women are also often stigmatised and subjected to discrimination and violence. Specifically on the situation of intersex persons in the region, the Commission heard that intersex children are subjected to medical interventions in a bid to "normalise" their genitalia as either belonging to standard female or male bodies. Not only are these procedures largely medically unnecessary, but they are performed without the affected child's informed consent, or that of his or her parents. The surgery also exposes intersex children to great harm, including chronic pain and life-long trauma, mental suffering, sterilisation and genital insensitivity. In response to the situation, the Commission called on states to adopt urgent measures to review these surgical interventions performed on children, and should take into account children's right to personal integrity, autonomy, privacy, access to information and sexual, reproductive, and health rights. Access audio and video recordings of the hearings held during the 147th Session here. Read the full summary report of the session here. The Commission's next session will take place from 8–19 July 2013.