Category Archives: children

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.

UN Human Rights Treaty Bodies

One of the 10 UN human rights treaty bodies, the Committee on the Rights of the Child, will meet this month to review certain States parties’ implementation of their treaty obligations. Through the State reporting procedure, treaty bodies review States’ reports and responses to a specific list of issues, receive additional information from nongovernmental organizations (NGOs) and national human rights institutions (NHRIs), engage in an interactive dialogue with each State’s representatives, and then adopt concluding observations detailing the progress and remaining challenges in the State’s implementation of the treaty.

Committee on the Rights of the Child

The Committee on the Rights of the Child (CRC) will hold its 80th Session in Geneva, Switzerland from January 14 to February 1, 2019. According to its programme of work, the CRC will consider the State reports of Bahrain, Belgium, Guinea, Italy, Japan, and Syria to assess their compliance with the Convention on the Rights of the Child. The CRC will also consider the State report of the Czech Republic for its compliance with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Civil society members looking to attend the CRC’s session must register through the Indico system before February 1, 2019. To view session documents, including State reports and civil society submissions, visit the CRC’s 80th Session webpage. For more information on the CRC, visit IJRC’s Online Resource Hub.

Human Rights Council Universal Periodic Review Working Group

The Human Rights Council’s UPR Working Group will hold its 32nd Session from January 21 to February 1, 2019 in Geneva, Switzerland. According to its tentative timetable, the Working Group will hold interactive dialogues with New Zealand, Afghanistan, Chile, Vietnam, Uruguay, Yemen, Vanuatu, Macedonia, Comoros, Slovakia, Eritrea, Cyprus, Dominican Republic, and Cambodia regarding their obligations under UN Charter, the Universal Declaration of Human Rights, human rights instruments to which the State is party, the State’s voluntary pledges and commitments, and applicable international humanitarian law.

During the session, a group of three Human Rights Council Member States (or troika) will facilitate the review of each country. Representatives from the country being reviewed will give an oral presentation, which is followed by an interactive dialogue with UN Member States. The States make recommendations and comments, which the troika summarizes in a report, and the reviewed country can accept or reject the recommendations and comments. A final outcome report will then be adopted, and the country will report on its implementation of the recommendations during the following UPR cycle.

NGOs and NHRIs wishing to submit written information for the report must follow the OHCHR technical guidelines for stakeholders submissions for the 3rd cycle. For more information about past, present, and future UPR sessions, including timetables and lists of troikas, visit the UPR sessions webpage or visit IJRC’s Online Resource Hub.

Special Procedures

In January, two special procedures will carry out country visits and one special procedure will hold a private session in New York.

The Special Rapporteur on minority issues is scheduled to visit Spain from January 14 to January 25, 2019.

The Working Group on arbitrary detention is scheduled to visit Bhutan from January 14 to January 25, 2019.

The Working Group on the issue of discrimination against women in law and practice will hold its 24th Session from January 28 to February 1, 2019 in Geneva, Switzerland.

During their country visits, these special procedures mandate holders will assess the human rights situation as it relates to their thematic focus. Experts also meet with civil society, government, and national human rights institutions when they visit a country. Their findings are published later in reports addressed to the UN Human Rights Council and the UN General Assembly. See OHCHR, Country and other visits of Special Procedures. To view a list of forthcoming country visits, visit the OHCHR website. For more information on each special procedure, visit IJRC’s Online Resource Hub.

Regional Bodies

Inter-American Court of Human Rights

The Inter-American Court of Human Rights (IACtHR) will hold its 129th Regular Session from January 28 to February 8, 2019 in San José, Costa Rica. During its sessions, the IACtHR typically holds public hearings on the merits of individual complaints and deliberates on contentious cases alleging human rights violations. For more information about the IACtHR, visit IJRC’s Online Resource Hub.

European Committee of Social Rights

The European Committee of Social Rights (ECSR) of the Council of Europe will hold its 304th Session from January 21 to January 24, 2019 in Strasbourg, France. The agenda and the synopsis for this session will be published on the ECSR’s calendar at a later date. During its sessions, the ECSR reviews States’ reports on their implementation of the European Social Charter, considers collective complaints alleging violations of the Charter, and follows up on the Turin process to improve implementation of the Charter at the continental level. According to the ECSR’s calendar for national reporting, the ECSR will consider State reports concerning the rights of children, the family, and migrants from France, Greece, Portugal, Italy, Belgium, Bulgaria, Ireland, and Finland throughout the 2019 calendar year. The ECSR will consider simplified reports on the same topic from the Netherlands, Sweden, Croatia, Norway, Slovenia, Cyprus, and the Czech Republic throughout the 2019 calendar year. Simplified reports focus on areas of non-conformity identified in the Committee’s previous conclusions. For more information on the European Committee of Social Rights, visit IJRC’s Online Resource Hub.

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

African Child Rights Committee Decides First Complaint Involving Sexual Violence

ACERWC
ACERWC

ACERWC hearing
Credit: ACERWC

On September 10, 2018, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC or Child Rights Committee) published its first decision involving sexual violence against a minor, finding that Cameroon had failed to adequately investigate, punish, and redress the rape of a 10-year-old girl. [ACERWC] The Child Rights Committee found that the State’s lack of due diligence also amounted to gender discrimination and a violation of the minor’s right to be free from torture or inhuman or degrading treatment. See ACERWC, Institute for Human Rights and Development in Africa and Finders Group Initiative on behalf of TFA (a Minor) v. Cameroon, Communication No. 006/Com/002/2015, Merits Decision, 31st Ordinary Session (2018). The decision, which the minor’s representatives hailed as ground-breaking, diverges from a 2016 African Commission on Human and Peoples’ Rights decision in which it declined to find that Ethiopia’s failure respond with due diligence to the rape of a minor constituted gender-based discrimination. See ACommHPR, Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Ethiopia, Communication 341/2007, Merits Decision, 19th Extra-Ordinary Session (2016), paras. 133-34, 150. Read more

Conflicts in Cameroon Escalate, Human Rights Experts Respond

People in a Cameroon Community
Credit: Sodeit via Wikimedia Commons

In the past month, the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nations High Commissioner for Human Rights have called on Cameroon to launch an investigation into persistent reports of a deteriorating human rights situation in the English-speaking Northwest and Southwest regions of Cameroon, including to investigate a video showing the alleged extrajudicial executions of a woman and two children. [ACHPR Press Release: Allegations (French only); OHCHR Press Release] The conflict in Cameroon stems from tensions that arose in 2016 after the English-speaking communities in the State mobilized to demand respect of the English-speaking educational and judicial systems, and to demand more political autonomy. See HRW, These Killings Can Be Stopped: Abuses by Government and Separatist Groups in Cameroon’s Anglophone Regions (2018), 1. In response, the Cameroonian government violently suppressed the protests and arrested many of the demonstrators, which led to armed confrontations. See id. Most recently, the tensions between Anglophone separatists and the largely Francophone government of Cameroon have escalated as a result of separatists’ attacks targeting a Minister of Defense convoy in the country’s Southwest region and the government’s “heavy-handed response.” [OHCHR Press Release; Guardian] Cameroon is obligated, under international human rights law, to ensure the rights to life and to humane treatment, among other rights.

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