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Download in Word format. Geneva, April 2006 CALL FOR ACTION BY THE NGOs [1] ON THE IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD AND BEYOND The NGO subgroup calls for the mobilization of political will and for concrete actions to be taken 1. Violence against Children[4] a) Noting with deep concern the horrific scale of violence against children, including state-authorised and legalised violence against girls and boys, in their homes, schools, forms of alternative care, penal systems and on the streets, i. to ensure that children have ready access to confidential advice and advocacy and to child protection services required by law to investigate and intervene in the best interests of the child, through court action when necessary, when a child is believed to be at risk of significant harm, 3. Children affected by armed conflict and displacement[6] The NGO subgroup calls upon [1] The NGOs are the members of the thematic subgroup on the Human Rights Council for the NGO Group on the Convention on the Rights of the Child. Ms Simone Ek, Save the Children Sweden, is the convenor of the subgroup: [email protected] [2] Both the de facto Government of Somaliland and the transitional Government of Somalia have signed and ratified the Convention on the Rights of the Child, but since neither government has full international recognition, the status of this commitment is unclear. [3] Information received by the Office of the High Commissioner for Human Rights [4] For further information, contact Roberta Cecchetti convenor of the subgroup on Children and Violence of the NGO Group for the CRC (Save the Children Alliance, Geneva): [email protected] [5] For further information, contact Bruno Romazzotti (Focal Point Program on Sexual Exploitation of Children of the NGO Group for the Convention on the Rights of the Child, Geneva): [email protected] [6] For further information, contact Margaret Mc Callin, convenor of the subgroup on Children affected by Armed Conflict and Displacement of the NGO Group for the CRC, (International Catholic Child Bureau (BICE), Geneva): [email protected] [7] For further information, contact Carlos Pampin Garcia, convenor of the subgroup on Juvenile Justice of the NGO Group for the CRC (Defence for Children International - International Secretariat, Geneva) [email protected] [8] United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985), United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines, 1990), United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules, 1990). For more information, visit CRIN's news page on the reform of the Commission on Human RightsRights of the Child in the New Human Rights Council
The Convention on the Rights of the Child enjoys the status of being the most widely and speedily ratified convention in history, with 192 State parties with the exception of the United States and Somalia[2].
The Convention on the Rights of the Child recognises the child as an individual with his/her own rights.
1. Child Rights perspective
The NGO subgroup reaffirms
the obligation by States parties to respect, promote and fulfil the rights of the child to protection against all forms of discrimination (article 2); the best interests of the child as a primary consideration in all actions concerning children (article 3); the right to life and development (article 6) and the right to express an opinion and to have that opinion taken into account, in any matter of procedure affecting the child. The child’s view should be given due weight (article 12).
These general principles, together, form the child rights perspective. The Convention shall serve as a tool in work to improve the conditions of children by changing attitudes, approaches and methods in various spheres of activities and at different levels in society. Thus, efforts are needed which will raise the level of awareness of various groups in society, and children and young people themselves.
2. General measures of implementation
The NGO subgroup reaffirms
the responsibility of States parties to make the principles and provisions of the Convention widely known, by appropriate and active means to adults and children alike (article 42). Children should be aware of their rights.
The NGO subgroup reaffirms
that States parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the Convention. With regards to economic, social and cultural rights, States parties shall undertake such measures to the maximum of their available resources and, where needed, within the framework of international co-operation (article 4).
The NGO subgroup suggests
that the Office of the United Nations High Commissioner for Human Rights, United Nations mechanisms, including human rights mechanisms, and all relevant organs of the United Nations system, to incorporate a strong child rights perspective throughout all activities in the fulfilment of their mandates, as well as to ensure that their staff is trained in child protection matters, and calls upon States to cooperate closely with them. It further requests the Office of the United Nations High Commissioner for Human Rights to set up a well staffed and resourced child rights unit to be responsible for the coordination and effective mainstreaming of children’s rights within the office and human rights mechanisms. It further requests OHCHR to report on progress made in this respect to the Human Rights Council in 2007.
3. Ratifications and withdrawal of reservations
Noting with appreciation the exceptionally high number of States parties to the Convention on the Rights of the Child and the rapid pace of ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict.
The NGO subgroup recommends
that States that have not yet done so to ratify the Convention on the Rights of the Child and sign, ratify and accede to its two Optional Protocols.
The NGO subgroup
is concerned with the great number of reservations to the Convention and to the two Optional Protocols, urges States Parties to withdraw reservations incompatible with the object and purpose of the Convention and its Protocols and to consider reviewing other reservations with a view to withdrawing them.
4. Reporting by State parties[3]
The NGO subgroup welcomes
the relatively high reporting rate for initial reports by States parties under the Convention on the Rights of the Child (So far 187 initial reports have been submitted)
The NGO subgroup stresses
the crucial importance of periodic reporting by States parties, in conformity with the obligations under article 44 of the Convention on the Rights of the Child, (a) within two years after the entry into force of the Convention for the State party concerned and (b) thereafter every five years.
The NGO subgroup calls upon
States parties to improve and strengthen cooperation with the Committee to comply in a timely manner with their reporting obligations under the Convention and the two Optional Protocols. As of March 2006, there are still nine countries that have not submitted their initial report, they are Afghanistan (due in 1996), Cook Islands (1999), Malaysia (1997), Nauru (1996), Niue (1998), Serbia and Montenegro (2003), Timor-Leste (2005), Tonga (1997) and Tuvalu (1997).
In addition, the Committee has sent reminders to the following 11 countries whose second (so far 99 second reports submitted) and third (so far 19 third reports submitted) periodic reports had not yet been submitted: Barbados, Chad, Grenada, Maldives, Namibia, St Kitt and Nevis, Sierra Leone, Uruguay, Venezuela and Zimbabwe. The Human Rights Council should urge these States parties to comply with the reporting obligations.
As of 24 April 2006, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict had been ratified or acceded to by 104 States parties and signed by 121 States. The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography had been ratified or acceded to by 106 States parties and signed by 114 States.
As of 24 April 2006, the Committee has received 17 initial State party reports under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and 17 initial reports under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
The NGO subgroup urges
States parties to submit reports on the two Optional Protocols to the UN Committee on the Rights of the Child.
5. Follow-up to Concluding Observations
The NGO subgroup urges
States parties to respect the Concluding Observations by the UN Committee on the Rights of the Child and recommends that States parties take all appropriate measures to ensure the full implementation of the present recommendations, inter alia, by translating them into national and local languages, producing child-friendly versions of them, transmitting them to the members of the Council of Ministers or the Cabinet or a similar body, the Parliament, and to provincial or State Governments and Parliaments, where applicable for appropriate consideration and further action.
The NGO subgroup urges further
that States parties reports, written replies and Concluding Observations adopted by the UN Committee on the Rights of the Child be made widely available, including but not exclusively through Internet, to the public at large, civil society organisations, youth groups, professional groups, and children in order to generate debate and awareness of the Convention its implementation and monitoring.
FOUR AREAS OF CONCERN BEYOND THE CONVENTION ON THE RIGHTS OF THE CHILD
For 2006 to 2007, the NGO subgroup urges the Council to focus further on the following four areas, based on the Convention on the Rights of the Child but demanding more efforts beyond CRC:
1. Violence against children, considering that the UN Study on Violence Against Children will be presented to the General Assembly by the end of 2006.
2. Sale of children, child prostitution and child pornography (including on the internet), due to the fact that the Special Rapporteur is submitting his report to the Human Rights Council and 2006, being the first year of application of the Optional Protocol.
3. Children affected by armed conflict, due to the fact that the Special Rapporteur of the Secretary General on Children in armed conflict is submitting her report to the Human Rights Council and 2006, being the first year of application of the Optional protocol.
4. Children in conflict with the law should receive more focused attention, in view of the concluding observations of the Committee on the Rights of the Child.
b) Welcoming the increased attention given to this violence by the UN Secretary General’s Study on Violence Against Children, which will report to the General Assembly later this year, and encouraged by the high level of participation of girls and boys sharing their experiences, concerns, recommendations and actions for prohibiting and eliminating all violence against them, at each of the nine regional consultations held in connection with the UN Study during 2005,
c) Believes that States must recognise and urgently respond to children’s equal right to respect for their human dignity and physical integrity and ensure that all currently lawful violence against girls and boys, including all corporal punishment, all harmful traditional practices, and all sexual violence is prohibited and effectively eliminated through awareness-raising and public education,
d) Urges States to engage with children directly in designing and building multi-sectoral and child-friendly child protection systems that are effective, work in the best interests of the child and do not add further harm to the child victims of violence,
The NGO subgroup calls upon all States
ii. to commission confidential interview research with children, parents and other carers, with appropriate ethical safeguards, to reveal the true extent of all forms of violence against girls and boys, in the home/family and in all other settings, and to enable progress towards its elimination to be measured,
iii. to involve children from various background in developing programmes to prevent and respond to violence against children - and to involve men and boys as partners in addressing root causes of violence.
2. The sale of children, child prostitution and child pornography (including via the information and communications technology systems)[5]
The NGO subgroup calls upon all States:
(a) To criminalize all forms of sexual exploitation, sexual abuse and violence of children, including within the family and/or for commercial purposes, child pornography and child prostitution, child trafficking, child sex tourism, the sale of children, including via the information and communications technology systems for these purposes.
(b) To decriminalize children victims of exploitation and to ensure prosecution of offenders irrespective of nationality and legal barriers.
(c) To increase cooperation at all levels to fight against transnational criminal networks involved in child prostitution, trafficking of children, child sex tourism and child pornography.
(d) To identify and address the root causes leading to the sale of children, child prostitution and child pornography.
(e) To ratify or accede to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Trans-national Organized Crime.
all states to address the grave violations of the rights of children affected by armed conflict, including recognition of the particular risks faced by refugee and displaced children who are separated from their families, through ensuring that child protection activities are adequately resourced and integrated into all aspects of humanitarian response and the delivery of services including food, shelter, health, water and sanitation, with particular attention given to education as an important means of protection.
All States to support the ‘era of application’ campaign launched by the Secretary General (A/59/695-S/2005/72) and to direct their energies to enforcing the application of international standards on the ground.
All States to support a systematic and comprehensive monitoring and reporting mechanism as outlined in the Security Council Resolution 1612, 2005, designed to provide timely, objective, accurate and reliable information on the six grave child rights violations in situations of conflict and displacement identified by the Special Representative of the Secretary General for Children and Armed Conflict: the killing and maiming of children; recruiting or using child soldiers; attacks against schools or hospitals; rape and other grave sexual violence against children; abduction of children; and denial of humanitarian access for children.
All States to ratify, enforce, monitor and report on international treaties created to protect children, including the Geneva Conventions, The International Criminal Court Rome Statute, Genocide Convention, International Labour Organization Convention 182, and the 1997 Mine Ban Treaty.
All States to recognize that children are central to the peace and security agenda. Peacekeeping mandates should include specific provisions to protect and assist children and improve and expand child protection training for all those involved in an emergency response, including members of the armed forces. Child Protection Advisors should be part of every UN mission.
4. Children in Conflict with the Law[7]
Noting with deep concern that worldwide, children in conflict with the law are being held under arrest, in detention or imprisonment, frequently in conditions that constitute degrading and inhumane treatment.
Noting also with concern that many States are encountering major difficulties in implementing the rights of children in conflict with the law as recognized in the Convention on the Rights of the Child and other relevant international human rights instruments[8].
The NGO subgroup calls upon all States:
1. To fully comply with their specific obligations as assumed under articles 37 and 40 of the Convention on the Rights of the Child and other relevant international human rights instruments;
2. In particular, States in which the death penalty is still in force, to abolish immediately by law and in practice the death penalty for those aged under 18 at the time of the offence;
3. In particular States in which life imprisonment is still in force, to immediately abolish by law and in practice “life imprisonment without the possibility of release” for those aged under 18 at the time of the commission of the offence;
4. To protect children in conflict with the law from torture and other cruel, inhuman or degrading treatment or punishment;
5. To ensure that the arrest, (pre-trial) detention, or imprisonment of a child is used only as a measure of last resort and for the shortest appropriate period of time;
6. To develop and implement national action plans to reduce the number of children deprived of their liberty. To this end, the plans of action should focus on the child’s best interest, legal safeguards and all other appropriate measures to implement articles 37 and 40 of the Convention on the Rights of the Child, including measures to promote:
a. the collection and analysis of national data on children in conflict with the law, particularly those deprived of their liberty;
b. the development of preventive programmes for youth at risk which tackle factors causing crime;
c. diversion and the use of alternatives to institutionalization;
d. the establishment of mandatory, periodic and independent inspections of detention facilities by authorized bodies.