Report of OMCT side event to 2nd session of the Human Rights Council: Strengthening child rights protection at UN level

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Report on the OMCT side event to the 2nd session of the Human Rights Council: Strengthening of children’s rights protection at UN level

Thursday 21 September 2006, 2 - 4 pm, Palais des Nations, Geneva

The aim of this side event was to discuss the proposals in favour of the strengthening of the UN mechanisms for the protection of children’s rights. In that sense, two key issues guided the debate: on the one hand, the systems and mechanisms accessible to children themselves, and on the other hand, the complexity of the existing procedures, as there is a need to reach a multi-sectoral and regional approach. The discussion was moderated by the Director of OMCT, Mr Eric Sottas, and composed of five different panellists:

  • Mr Noberto Liwski , expert member of the UN Committee on the Rights of the Child, began by focussing on four issues that, if reinforced, should help to strengthen children’s rights protection at the CRC level: visibility, follow-up mechanisms, UN procedures and mechanisms and their coordination. All of them engage not only States, but civil society and children themselves. In conclusion, Mr Liwski drew attention to the significance of the fact that the CRC mechanisms were interconnected to the whole UN system; leading to specific studies on children’s rights issues, such as the Study on Violence Against Children, which contribute to highlighting these concerns within the UN general agenda.
  • Mr Juan Miguel Petit, Special Rapporteur on the sale of children, child prostitution and child pornography since 2001, firstly pointed out the need to create and develop networks for assistance to children, and secondly the difficulties associated with the UN information mechanisms. Mr Petit addressed the latter question from two perspectives: on the one hand, he stated that information within UN institutions and agencies was being held as “a property” of one or the other agency in a competition for gathering the best and most accurate information. Not only does this prevent open exchange and discussion of human rights concerns, but it leads to misconstruing victims’ human rights as merchandise and belonging to someone else. On the other hand, information outside the UN does not reach society, as people either ignore it or do not understand the UN mechanisms. Therefore, as the issue of strengthening children’s rights protection is a matter which reaches international consensus more easily than other issues, it should be used as an opportunity to amend the failures of the UN mechanisms.
  • Mr Paulo SĂŠrgio Pinheiro, independent expert of the United Nations’ Study on Violence Against Children, mentioned that the rights of the child should be one of the priorities in the current reform process of the UN human rights mechanisms. Mr Pinheiro highlighted the necessity to establish regular and reliable follow-up mechanisms, firstly nationally and complementarity internationally, and to combine multi-sectoral approaches in order to broaden the protection of every human right, especially those of children.
  • Ms Nakpa Polo, member of the African Committee of experts on the rights and welfare of the child, concentrated on making these rights known to children: for how can children claim rights when they are not aware of their existence? In that sense, she called for an improved dissemination of UN documents, highlighting the need to translate them into national languages and to adapt their contents to a register which can easily be understood by children. Finally, she suggested that the UN Committee on the Rights of the Child should examine States’ implementation of the CRC in the countries themselves and not only according to reports reviewed outside their context, enabling governments to measure the importance of State reports and CRC’s recommendations.
  • Mr Vitit Muntarbhorn, Chairperson of the Coordination Committee of Special Procedures and former Special Rapporteur on the sale of children, child prostitution and child pornography (1991-94), approached the proposed theme from three focal points. Firstly, he stated the necessity of children’s access to all national and UN procedures, which should include prevention and remedies. Secondly, he reminded everyone that international protection systems are complementary: there is no substitute for effective national systems. Thirdly, he highlighted that information regarding children’s rights violations should be gathered in the contexts in which they occur, by people close to the child (family, doctors, community, etc) rather than by international mechanisms. Finally, he added that today, children’s issues reach the totality of the UN system, including the General Assembly and the Security Council. As a result, the immediate challenge is not only to debate the necessity of a special mechanism to reinforce children’s rights protection, but to decide if the existing UN mechanisms (Special Procedures, Special Representatives and Treaty bodies) should be amended or strengthened, leaving the question open for further discussion.

After the panel discussion, the ensuing debate raised the following questions:

  • The CRC is a key instrument in the protection of children’s rights, however it is not the only one: the other seven treaty bodies also protect them. In that sense, regard for children’s rights should be a part of every treaty body or agency. (Mr Pinheiro).
  • Recommendations are not the end of the process; they are a framework basis for the dialogue with States which should be constant and unlimited. (Mr Pinheiro).
  • Regarding the need of a third optional protocol to the CRC, despite the extensive consensus (192 countries) reached by the CRC, states do not react equally to more specific instruments, like optional protocols. (Mr Liwski).
  • Contrary to the treaty bodies like the CRC, some existing UN mechanisms such as the Special Procedures, do not depend on the consent of the concerned country. Consequently, those mechanisms could be used to cover states outside the CRC system (USA, Somalia). (Mr Muntarbhorn).
  • The actions of States which are outside the CRC system, also show their movement for strengthening children rights’ protection: eg. the United States’ Supreme Court has expressed its opinion about the core principles of the CRC. (Mr Petit).
  • The strengthening of children’s rights protection should be nationally focused and intended to enable urgent responses to children’s rights violations. (Ms Nakpa Polo).

Further information

Owner: CĂŠcile Trochu

Organisation: 
Organisation Mondiale Contre la Torture

Countries

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