A new United Nations report on the right to education in Iraq concludes that, two years after the defeat of the Islamic State in Iraq and the Levant (ISIL), many children and young adults remain unable to access secondary education because of difficulties obtaining the necessary documents, restrictions on travel within the country, and limited or inadequate educational programs. [UN News Press Release] The United Nations Assistance Mission for Iraq (UNAMI) and the UN Office of the High Commissioner for Human Rights (OHCHR) released the joint report, titled The Right to Education in Iraq: Part One – The legacy of ISIL territorial control on access to education, on February 17, 2020. The short text focuses on children 12 and older who live in camps for internally displaced persons (IDPs) or in former ISIL-controlled areas; it identifies key challenges, provides an overview of the legal framework to the right to education, and presents recommendations to the Iraqi government. See OHCHR & UNAMI, The Right to Education in Iraq: Part One – The legacy of ISIL territorial control on access to education (2020), 6, 9-12, 14. The report is the first in a series that will examine access to post-primary education in Iraq’s post-conflict context, taking into account the different circumstances that prevent children from Iraq’s various ethnic, religious, and social groups from accessing education. See id., p. 4.
Category Archives: education
This month the Committee of Ministers of the Council of Europe (COE) adopted guidelines and recommendations on the rights of children in the digital environment for all Member States of the Council of Europe. See Committee of Ministers, Recommendation CM/Rec(2018) 7 of the Committee of Ministers to member States on Guidelines to respect, protect, and fulfil the rights of the child in the digital environment (2018). While the guidelines are non-binding, they derive their content, in part, from existing binding COE legal conventions, as well as other non-binding COE and United Nations standards and recommendations, on children’s rights, business and human rights, privacy, and internet governance. The guidelines focus, in particular, on the rights to non-discrimination, freedom of expression and information, freedom of association, privacy, education, and protection and safety, as well as access to remedies. See id. Recognizing the significant positive and negative influences the digital environment – which includes all information and communication technologies (ICTs) – has on children’s lives, the guidelines make recommendations to Member States to develop legislation and policies that protect and promote the rights of the child in the digital environment, to cooperate and coordinate with the COE and public and private stakeholders in those efforts, and to ensure that businesses and other stakeholders respect children’s rights. See id. at sec. 1. Read more
In June, the United Nations Office for the High Commissioner for Human Rights (OHCHR) issued the first ever UN report detailing human rights abuses in Kashmir. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir (2018). The report seeks to draw attention to the victims of the human rights violations created by the political situation in the region, with a focus on abuses since the July 2016 killing of a militant leader by Indian security forces, which sparked violent protests throughout the region. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir, para. 1. Among the human rights abuses, the report finds cases of unlawful use of force by security forces, enforced or involuntary disappearances, sexual violence, and limitations on education, expression, assembly, and association. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir, paras. 32-164. Additionally, the report finds that perpetrators act with impunity and that victims do not have adequate access to justice. [OHCHR Press Release] To address the human rights concerns, the OHCHR calls for an independent mechanism to further investigate human rights allegations in the Kashmir region. See OHCHR, Report on the Situation of Human Rights in Kashmir, 48. Human rights experts have urged the Indian government to allow the creation of such an investigation. [HRW] Both States, India and Pakistan, have committed to, and are legally obligated to, ensure certain rights, including the rights to life, prohibition of torture and inhuman treatment, freedom of expression, freedom of assembly, freedom of association, and education. Read more
The Committee on the Elimination of Discrimination Against Women (CEDAW Committee) recently published a general recommendation on the adoption of a gender-based approach on the prevention of and response to climate change and environmental disasters. See Committee on the Elimination of Discrimination Against Women, General Recommendation No. 37: Gender-related dimensions of disaster-risk reduction in the context of climate change, UN Doc. CEDAW/C/GC/37, 9 February 2018. The General Recommendation provides guidance to States on fully implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in the context of climate change and disasters; under the Convention, States parties have both general obligations to ensure gender equality as well as specific obligations to guarantee rights that may be negatively affected by climate change and natural disasters. See id. at para. 10. The General Recommendation warns that pre-existing gender inequalities are aggravated following a disaster and women become more susceptible to gender-based violence, but States parties must still guarantee the rights enumerated in the Convention. See id. at paras. 3, 10. The General Recommendation is one of several recent developments on international standards at the intersection of human rights and the environment; notably the Special Rapporteur on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment recently called for the recognition of the right to a healthy environment at the universal level, and published guidance on children’s rights and the environment. [OHCHR Press Release] Read more
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) recently published its holding that Mauritania violated the rights to protection from child labor and from child abuse, among other rights and obligations, established in the African Charter on the Rights and Welfare of the Child (African Children’s Charter), due to the enslavement of two children. Two non-governmental organizations – Minority Rights Group International and SOS-Enclaves – submitted the complaint against Mauritania on behalf of two brothers, Said Ouid Salem, born in 2000, and Yarg Ould Salem, born in 2003, who alleged that they were victims of child slavery for 11 years. The Committee found that Mauritania failed to protect the applicants from slavery; to investigate, punish, and prosecute all the perpetrators responsible; and to provide a timely and adequate remedy for the applicants. Based in part on those findings, the ACERWC ultimately held that Mauritania violated its obligations under Article 1 (obligation to realize the rights in the Charter), Article 3 (right to non-discrimination), Article 4 (best interest of the child), Article 5 (obligation to ensure the survival and development), Article 11 (right to education), Article 12 (right to leisure, recreation, and cultural activities), Article 15 (right to protection from child labor), Article 16 (right to protection against child abuse and torture), and Article 21 (right to protection against harmful social and cultural practices) of the African Charter on the Rights and Welfare of the Child. See ACERWC, Decision on the Communication Submitted by Minority Rights Group International and SOS-Enclaves on Behalf of Said Ould Salem and Yarg Ould Salem against the Government of the Republic of Mauritania, Communication No.003/Com/003/2015, Merits Decisions, 30th Ordinary Session (2017), para. 97. Read more
The Inter-American Commission on Human Rights (IACHR) presented a report on December 5, 2017 that, for the first time in the region, details Member States’ human rights legal obligations to address the situation of poverty and extreme poverty in the Americas through a human rights perspective. See IACHR, Poverty and Human Rights in the Americas (2017), para. 18 (in Spanish only). The Commission’s report acknowledges that poverty is interrelated with certain rights, both civil and political and economic and social, such as the rights to work, education, health, and access to justice, and, therefore, recommends that States focus on ensuring rights for all, including groups in vulnerable situations, as a method for addressing poverty and extreme poverty. See id. at paras. 12, 98, 494. The report also highlights the disproportionate impact of poverty on groups in vulnerable situations; recognizes the barriers to access to justice that poverty presents; and makes recommendations to Member States, such as taking a human rights perspective over a welfare approach to addressing poverty, among others. See id. at paras. 34, 98. Additionally, the report recognizes different definitions of poverty and extreme poverty, although it does not explicitly decide on definitions for each, but the report does state that extreme poverty is a grave problem that impacts the exercise and enjoyment of all human rights. See id. at paras. 2, 18. This is the first report since the IACHR established the mandate of the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights. [IACHR Press Release: ESCER; IJRC] Read more
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) announced earlier this month that the African Union Assembly adopted the 2040 Agenda for Children, which lays out goals related to the rights of children set to be achieved across the continent by 2040. [ACERWC Press Release] The agenda was developed in consideration of conclusions drawn during a conference held in 2015 to evaluate the status of the rights of children in Africa 25 years after the adoption of the African Charter on the Rights and Welfare of the Child (Children’s Charter), which 48 of the 55 States on the continent have ratified. [ACERWC Press Release] The agenda, which draws on the Children’s Charter as well as other prominent legal and political documents, calls for an effective framework for the advancement of children’s rights, children’s access to nourishment and basic necessities, children’s ability to reap the benefits of education, the protection of children from abuse, and a child-sensitive criminal justice system, among other aspirations. [ACERWC Press Release] States will be responsible for reviewing their progress annually, and the ACERWC will facilitate more extensive reviews every five years. See ACERWC, Africa’s Agenda for Children 2040: Fostering an Africa Fit for Children (2016), at 34. Read more
On July 17, 2017, the United Nations Assistance Mission in Afghanistan (UNAMA) released its mid-year report on the situation of civilians in Afghanistan, revealing that the level of civilian casualties remains high. [UNAMA Press Release] UNAMA confirmed a total of 5,243 civilian casualties (1,662 deaths and 3,581 injured) from January 1 to June 30, 2017, which represents a decrease of less than one percent from the same period in 2016, but reported an increase in deaths. See UNAMA, Afghanistan Protection of Civilians in Armed Conflict: Mid-Year Report 2017 (2017), at 3. The number of women and children killed and injured has increased this year, despite a decline in women and children casualties in 2016. [UNAMA Press Release] Civilian casualties in the first half of the year were primarily the result of anti-government forces’ use of improvised explosive devices (IEDs), such as suicide bombs, in civilian-populated areas. See UNAMA, Afghanistan Protection of Civilians in Armed Conflict: Mid-Year Report 2017, at 3–4. Medical facilities and schools continue to be targeted, impeding Afghans’ access to health care and education. See id. at 13, 17–19.
In consideration of its findings, UNAMA recommends that anti-government forces stop targeting civilians, that government forces stop using weapons such as mortars and rockets that can have devastating effects in civilian areas, and that international militaries support and train Afghanistan’s national army, among other recommendations. [UNAMA Press Release] In a statement recognizing the high rates of death and injury recorded in the report, the UN High Commissioner for Human Rights noted that the statistics on casualties do not depict the full extent of the loss and suffering, such as psychological trauma and displacement. [OHCHR Press Release] Afghanistan is a State party to the Rome Statute, Geneva Conventions, and the International Covenant on Civil and Political Rights (ICCPR), and, therefore, the State must refrain from targeting civilians during non-international armed conflict and respect and protect the right to life.
On July 5, 2017, the Inter-American Commission on Human Rights (IACHR) selected Soledad García Muñoz to be the first Special Rapporteur on Economic, Social, Cultural, and Environmental Rights (ESCER). [IACHR Press Release: Muñoz (in Spanish)] The mandate of the newly established Rapporteurship is to promote, protect, and defend economic, social, cultural, and environmental rights in the Americas by addressing issues such as poverty; pollution; and access to health care, education, potable water, and nutrition. [IACHR Press Release: Finalists] García Muñoz, of Argentina, was selected from a list of four finalists during the IACHR’s 163rd Extraordinary Period of Sessions. [IACHR Press Release: Finalists; IACHR Press Release: Muñoz] García Muñoz is a lawyer who has worked globally to protect human rights, including with various United Nations agencies, the Organization of American States (OAS), the International Organization for Migration, and the Inter-American Institute of Human Rights, among others. [IACHR Press Release: Muñoz] She served as President of Amnesty International’s Section on Argentina and has substantial experience litigating before universal and regional human rights mechanisms. [IACHR Press Release: Muñoz] As Special Rapporteur, García Muñoz plans to work in coordination with other IACHR divisions to open a dialogue. [IACHR Press Release: Muñoz] She will take office on August 15, 2017 and serve a three-year term, which is renewable once. [IACHR Press Release: Muñoz] Read more
The United Nations Human Rights Council created or extended 11 special procedure mandates during its 35th regular session through the adoption of resolutions, including one that created the Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members. During the session, held from June 6 to June 23, 2017 in Geneva, Switzerland, the Human Rights Council also extended the mandates of eight thematic and two country special procedure mandates. [OHCHR Press Release: 35th Session] The new mandate on the elimination of discrimination against persons affected by leprosy and their family members is established for a period of three years, with a mandate to monitor the progress of the implementation of the principles for the elimination of such discrimination; to identify and promote good practices; and to report on an annual basis to the Human Rights Council, a UN intergovernmental group that tracks human rights conditions in the UN Member States and is responsible for creating special procedures, or independent experts who report and give advice on particular human rights issues. [OHCHR Press Release: Leprosy] Read more