Category Archives: children

Council of Europe Adopts Recommendation on Guardianship for Unaccompanied Children

Committee of Ministers of the Council of Europe
Credit: Council of Europe

In a new recommendation to the Member States of the Council of Europe, the Council of Europe’s Committee of Ministers warns that “unaccompanied and separated children are among the most vulnerable persons in the migration context,” and emphasizes that effective guardianship structures are necessary to protect the rights and best interests of unaccompanied children in migration. See Council of Europe Committee of Ministers, Recommendation CM/Rec(2019)11 of the Committee of Ministers to member States on effective guardianship for unaccompanied and separated children in the context of migration, CM/Rec(2019)11, 11 December 2019. In accordance with international and European legal standards, the Committee of Ministers outlines 18 principles in the recommendation, calling on Member States to implement a guardianship framework for unaccompanied and separated children; review national legislation and policies to ensure that the recommendation is implemented; translate and disseminate the recommendation to all relevant stakeholders; create a European “platform of experts” to assist and support States in strengthening their guardianship systems and facilitating cross-border cooperation; and, ensure that the Committee of Ministers monitors the guardianship system at the State level at regular intervals. See id. The principles seek to address the need for additional protections and assistance for children in migration. See id. at II, para. 1 (f); III.

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ECtHR Holds Violent Arrest in front of Child Constitutes Ill-Treatment

Delivery of Judgment, European Court of Human Rights
Credit: ECtHR

In its first judgment to directly consider the issue, the European Court of Human Rights (ECtHR) has held that violently arresting a parent in front of a child may constitute inhuman or degrading treatment of the child, in violation of the Article 3 of the European Convention on Human Rights. See ECtHR, A v. Russia, no. 37735/09, Judgment of 12 November 2019. In the case of A v. Russia, Russian police beat and arrested A’s father in front of her when she was nine years old, leaving her with post-traumatic stress disorder (PTSD) and a neurological disorder, among other health complications. See id. The Court found that the State authorities violated Article 3 when they violently arrested A’s father outside her school, in spite of knowing she was likely to be present (and was present), and when they failed to effectively investigate the family’s allegations that the police used excessive force. See id. at paras. 75-82. The judgment has implications for other situations where authorities arrest parents by force in front of their children, and comes as the Convention on the Rights of the Child, which has been ratified by every country in the world except the United States of America, celebrates its 30-year anniversary this month.

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June 2019: UN Treaty Body, Human Rights Council, and Regional Bodies in Session

African Court on Human and Peoples' Rights session banner

African Court on Human and Peoples’ Rights session banner
Credit: African Court on Human and Peoples’ Rights (via Flickr)

In June, several universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. One United Nations treaty body will hold a session to assess States’ progress regarding the prevention of torture, and the Committee on the Rights of the Child Pre-Sessional Working Group will meet privately. The Human Rights Council will consider the overall human rights situations in 15 countries. Two UN special rapporteurs and one independent expert will conduct country visits in June. Additionally, the Working Group on the issue of discrimination against women in law and practice will hold a session in Geneva. Of the regional bodies, the African Court on Human and Peoples’ Rights (AfCHPR) will be in session and the European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.

The public hearings of the AfCHPR and the ECtHR may be viewed via the AfCHPR’s YouTube page, and the ECtHR’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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January 2019: United Nations and Regional Human Rights Bodies in Session

Human Rights and Alliance of Civilizations Room of the Palace of Nations
Credit: Ludovic Courtès via Wikimedia Commons

In January, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. One United Nations treaty body will hold a session to review States’ progress regarding children’s rights. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Two UN special procedures will conduct country visits in January, and the UN Working Group on the issue of discrimination against women will hold a private session. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be holding public sessions.

The UN treaty body and UPR sessions may be watched via UN Web TV, and the public hearings of the IACtHR may be watched via the IACtHR’s website or Vimeo page. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

Australia Urged to Act as Health Conditions of Asylum Seekers Worsen

Welcome refugees to Australia – refugee protest march
Credit: Takver via Flickr

International pressure on Australia is mounting as concerns grow regarding the conditions in its offshore facilities in Papua New Guinea and Nauru, where thousands of asylum seekers and refugees have been detained since 2012. Those monitoring the situation at the facilities warn of a dire health emergency as people, many of them children, remain without access to the critical physical and mental healthcare. [UN News] In recent weeks, more individuals have been medically evacuated to Australia from Nauru than in the previous two years combined as a result of worsening conditions at the Nauru detention center. [UNHCR Press Release; The Conversation] While no one has been medically evacuated out of Papua New Guinea this year, the United Nations Refugee Agency (UNHCR) has reported several cases of self-harm and attempted suicide in the past month alone. [UNHCR Press Release] This situation has developed as a result of Australia’s current “offshore-processing” policy requiring that all refugees and asylum seekers attempting to enter the country by boat be detained at these offshore detention centers for processing, which can go on indefinitely. [NY Times; Guardian: UN Body] In addition to international concern and pressure, the detained asylum seekers and refugees and hundreds of people in Australia have protested this policy. [Al Jazeera; Quartz] The majority of detainees are from Iran or are stateless. See Refugee Council of Australia, Operation Sovereign Borders and Offshore Processing Statistics.

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Children’s Rights Violated in U.S. Criminal Justice System, IACHR Reports

IACHR Launches Report on Children and Adolescents in the United States Adult Criminal Justice System. Credit: IACHR
IACHR Launches Report on Children and Adolescents in the United States Adult Criminal Justice System. Credit: IACHR

IACHR launches report in October 2018
Credit: IACHR

In a new report and interactive website, the Inter-American Commission on Human Rights (IACHR) has detailed flaws in the United States’ prosecution and incarceration of children, urging reforms to ensure that minors are not tried or sentenced as adults. IACHR, The Situation of Children in the Adult Criminal Justice System in the United States (2018). The report, released in September 2018, examines the legal framework that allows children to be tried in the adult criminal system in light of the State’s international legal obligations, the current status of children within the criminal system, and the conditions children face during their incarceration in adult facilities. See id. According to the IACHR, as of 2016, approximately 200,000 children were tried each year in U.S. adult criminal courts, and were held in adult penitentiaries in violation of their right to special protection and to be tried in a specialized juvenile system. [IACHR Press Release] While the U.S. has taken steps to reduce the number of children coming into contact with the adult criminal justice system, individual American states maintain laws and practices that allow children to be incarcerated in adult facilities. [IACHR Press Release] The report highlights the State’s failure to protect the rights of children in this respect, and recommends specific reforms. [IACHR Press Release] Read more

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