INTER-AMERICAN COMMISSION: Report on session 146

Summary: Children's rights featured in hearings on access to information on various topics including reproductive health and sexual orientation, sexual violence against women and girls in Guatemala, migrant workers in the United States, social cleansing of street children in Mexico, and children affected by gang violence in El Salvador.

The Inter-American Commission on Human Rights staged its 146th session from 29 October - 16 November. 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.

The original schedule of hearings set for 30-31 October and 1-2 November had to be modified due to the impact of Hurricane Sandy in Washington, D.C.; this led to the cancellation of 13 hearings, which the IACHR has said will be rescheduled for its 147th session in March next year. 

At the 146th session, children's rights featured in hearings on access to information on various topics including sexual and reproductive health, sexual violence against women and girls in Guatemala and migrant workers in the United States, social cleansing of street children in Mexico, and children affected by gang violence in El Salvador.

During the session, the Commission urged States to guarantee the safety of all persons participating in hearings and working meetings, including State delegations, petitioners, civil society representatives and victims. In this respect, the Commission reminded States of their obligations under the IACHR Rules of Procedure which establishes that States "shall grant the necessary guarantees to all the persons who attend the hearing or who in the course of the hearing provide information, testimony or evidence of any type”, and that they "may not prosecute the witnesses or experts, or carry out reprisals against them or their family members because of their statements or expert opinions given before the Commission."

 

The impact of gang violence

In one hearing, the Inter-American Commission heard how gang violence and the threat of recruitment affects children in El Salvador. Petitioners referred to the impact on children's right to education, on the pressure stemming from gang harassment which can result in suicide, on sexual violence, and violence affecting migrant children. While the State delegation affirmed that civil society and church representatives have been involved in negotiations with the gangs, the petitioners expressed concern over what they consider to be a lack of transparency in the negotiation process. They were also critical of the participation of the Armed Forces in tasks of public security.

 

Rights abuses on the street

The Inter-American Commission also heard how people of all ages, including children, who live on the street suffer abuse of their fundamental rights. Petitioners highlighted women and children and LGBTI persons as particularly vulnerable groups, not least because of the high levels of impunity that exist in reported cases of rights violations against them. In addition, street children face the particular risk of being institutionalised by dint of being separated from their families. In view of this, the Commission reiterated its previous request that the State pay special attention to the situation of people living on the street. In response, the State delegation extended an invitation to the Rapporteur on Children's Rights, Rosa Maria Ortiz, to view current programmes designed to benefit children living and/or working on the street. Additionally, the State suggested establishing a roundtable to bring together public authorities and organisations working on the issue to strengthen efforts.

 

Women 'sand girls' rights

In another hearing, the Inter-American Commission received worrying information on how women and girls continue to face obstacles in exercising their right to access information on sexual and reproductive health. In response, the Commission underscored that in guaranteeing this right, States should be mindful of the particular vulnerability of women and girls who are from poor backgrounds, of African descent, or are indegenous, migrants or live in rural areas, as they tend to face greater obstacles in accessing this information. The Commission also noted that eight countries in particular need to adopt laws to guarantee this right.

Also discussed in another hearing was the problem of widespread sexual violence in some countries of the region. In particular, petitioners from Guatemala - where there are high levels of sexual violence - informed the Commission that such cases are vastly underreported. In response, the Commission urged States to create conditions in which women and girls are better able to report crimes against them. It also expressed particular concern about information it received indicating that the practice of "pernada" (droit de seigneur), which has its roots in the Middle Ages, continues to be used against indigenous girls and young women in rural areas of the country.

The problem of sexual violence also extends to the United States, as the Commission heard how migrant women and female farmworkers face abuse by both employers and other workers.

 

Deporting rights violations

During the session, the Commission heard how Haitian nationals living in the United States are being deported to Haiti, despite the continuing humanitarian crisis stemming from the January 2010 earthquake and beyond. Notably, the Inter-American Commission expressed concern that the US had even deported beneficiaries of Precautionary Measures, who had been granted them because of the risk that they would lack access to adequate medical treatment in Haiti, or because they were their families' main income provider, or because there have presumed family ties in the US.

 

Human rights defenders

Finally, petitioners presented the Commission with information regarding ongoing violence against human rights defenders in a number of countries in the region. Included among the examples cited were acts of harassment and persecution targeting people who promote public policies to benefit street children in Mexico; and acts of intimidation, violence, and threats against women's rights defenders, in particular in Mexico, Colombia and Bolivia. The Commission urges States to adopt special measures to allow those working on behalf of the population to defend human rights freely and safely.

Access audio and video recordings of the hearings held during the 146th Session here.

The Commission's next session will take place from 7–22 March 2013.

 

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Countries

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