Committee on Rights of Child to hold fifty-first session in Geneva from 25 May to 12 June 2009

Source: United Nations Office of the High Commissioner for Human Rights (OHCHR)

Date: 22 May 2009


Committee on the Rights of the Child

Situation of Children's Rights in France, Sweden, Mauritania, Slovenia, Bangladesh, Niger, Romania and Oman to be Reviewed

The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 25 May to 12 June to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in France, Sweden, Mauritania, Bangladesh, Niger and Romania. The Committee will also review efforts made by Slovenia and Oman with regard to their implementation of the two Optional Protocols to the Convention, on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child, which gives a comprehensive collection of children's rights the force of international law. The countries scheduled to come before the Committee at this session are among the 193 to have ratified or acceded to the Convention. The treaty is the most widely accepted international human rights instrument. Only Somalia and the United States have not ratified it. States parties to the Convention are expected to send representatives to the Committee to present periodic reports on national efforts to give effect to children's rights.

At the Committee's fifty-first session, Mauritania and Niger will present their second reports, France, Bangladesh and Romania will present their combined third and fourth periodic reports and Sweden will present its fourth periodic report on measures taken to implement the Convention on the Rights of the Child nationally. Delegations from the Slovenia and Oman will also be presenting their initial reports under the Convention's two Optional Protocols.

At its opening meeting, the Committee will swear in the following six newly elected Committee members, who will serve until 28 February 2013: Hadeel Al-Asmar (Syria); Peter Guran (Slovakia); Sanphasit Koompraphant (Thailand); Marta Mauras Perez (Chile); Kamla Devi Varmah (Mauritius) and Susana Villarán de la Puente (Peru). Three Committee members were also re-elected by States parties at the last elections, held on 18 December 2008: Yanghee Lee (Republic of Korea); Awich Pollar (Uganda) and Jean Zermatten (Switzerland). Also at the first meeting, the Committee will elect a new Bureau, including a Chairperson, four Vice Chairpersons and a Rapporteur, from among its Members, following which it will adopt its agenda and review its organization of work.

During the session, in addition to consideration of country reports, the Committee will continue its discussion of ways and areas in which existing cooperation with various relevant bodies could be further strengthened to enhance the promotion and protection of the rights of the child. It will also pursue its discussion concerning the organization of its future work, as well as discuss its treaty-specific reporting guidelines. The Committee will also pursue the elaboration of a general comment further clarifying the concept of child participation as contained in the Convention. Other matters relating to the work of the Committee will be discussed as may be necessary.

The States parties presenting reports during this session have previously come before the Committee. The Committee considered the second periodic report of France on 2 June 2004, and concluding observations on it can be found in document CRC/C/15/Add.240; the Committee examined the third report of Sweden on 11 January 2005, and concluding observations on it are contained in document CRC/C/15/Add.248; on 25 September 2001, the Committee reviewed Mauritania's initial report, and the concluding observations on it can be found in document CRC/C/15/Add.159; the Committee took up the second periodic report of Slovenia on 26 January 2004, and made public concluding observations on it in document CRC/C/15/Add.230; the initial report of Bangladesh underwent a Committee review on 26 and 27 May 1997, and concluding observations on it are contained in document CRC/C/15/Add.74; the initial report of Niger was examined by the Committee on 24 May 2002, and concluding observations on it can be found in document CRC/C/15/Add.179; the Committee considered Romania's second periodic report on 20 January 2003, and made public its concluding observations on it in document CRC/C/15/Add.199; and the Committee reviewed the second periodic report of Oman on 13 September 2006, and concluding observations on are contained in document CRC/C/OMN/CO/2.


Convention on the Rights of the Child

The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention renders States parties legally accountable for their actions towards children. Work on drafting the Convention began in 1979 – the International Year of the Child – at the Commission on Human Rights.

The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.

Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that every child has the right to life, and that States shall ensure the maximum child survival and development; that every child has the right to a name and nationality from birth; and that when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention also recognizes the right of children to be heard.

Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinction of any kind, and shall ensure that children not be separated from their parents, unless by competent authorities for their well-being. In addition, States shall facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.

Also according to the Convention, children with disabilities shall have the right to education, special treatment and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own cultures, religions and languages.

In May 2000, the General Assembly adopted the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. The Optional Protocols entered into force in 2002. Currently, 126 countries have ratified the Optional Protocol on the involvement of children in armed conflict; and 130 States have ratified the Optional Protocol on the sale of children, child prostitution and child pornography.

Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Although the Convention requires States parties to prohibit the sale of children, child prostitution and child pornography, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography extends the measures that States Parties must undertake to protect children from these violations of their human rights. The Optional Protocol not only defines the sale of children, child pornography and child prostitution, but also provides a non-exhaustive list of acts and activities which shall be criminalized by States parties. This criminalization also includes attempts, complicity, or participation in such acts or activities. The Optional Protocol sets forth the bases for States Parties to assert jurisdiction over actionable practices relating to the sale of children, child prostitution, and child pornography (including extra-territorial legislation) and to make provisions about extradition of alleged offenders. Based on the principle of the best interests of the child, the Optional Protocol also sets forth provisions for protecting and assisting child victims during all stages of the criminal justice process. In addition, preventive measures against the sale of children, child prostitution and child pornography, as well as redress, rehabilitation and recovery of child victims are foreseen in the Optional Protocol. For the implementation of all these provisions, the Optional Protocol asks for a close collaboration among States parties.

Currently, there are 131 parties to the Optional Protocol on the sale of children, child prostitution and child pornography: Afghanistan; Albania; Algeria; Andorra; Angola; Antigua and Barbuda; Argentina; Armenia; Australia; Austria; Azerbaijan; Bahrain; Bangladesh; Belarus; Belgium; Belize; Benin; Bolivia; Bosnia and Herzegovina; Botswana; Brazil; Brunei Darussalam; Bulgaria; Burkina Faso; Burundi; Cambodia; Canada; Cape Verde; Chad; Chile; China; Colombia; Comoros; Costa Rica; Croatia; Cuba; Cyprus; Democratic Republic of the Congo; Denmark; Dominica; Dominican Republic; Ecuador; Egypt; El Salvador; Equatorial Guinea; Eritrea; Estonia; France; Gabon; Georgia; Greece; Guatemala; Holy See; Honduras; Iceland; India; Iran; Iraq; Israel; Italy; Japan; Jordan; Kazakhstan; Kuwait; Kyrgyzstan; Lao People's Democratic Republic; Latvia; Lebanon; Lesotho; Libyan Arab Jamahiriya; Lithuania; Madagascar; Maldives; Mali; Mauritania; Mexico; Monaco; Mongolia; Montenegro; Morocco; Mozambique; Namibia; Nepal; Netherlands; Nicaragua; Niger; Norway; Oman; Panama; Paraguay; Peru; Philippines; Poland; Portugal; Qatar; Republic of Korea; Republic of Moldova; Romania; Rwanda; Senegal; Serbia; Sierra Leone; Slovakia; Slovenia; South Africa; Spain; Sri Lanka; St. Vincent and the Grenadines; Sudan; Sweden; Switzerland; Syria; Tajikistan; Thailand; The former Yugoslav Republic of Macedonia; Timor-Leste; Togo; Tunisia; Turkey; Turkmenistan; Uganda; Ukraine; United Kingdom; Tanzania; United States; Uruguay; Uzbekistan; Vanuatu; Venezuela; Viet Nam; and Yemen.

Optional Protocol on the Involvement of Children in Armed Conflict

The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict complements article 38 of the Convention, as well as international humanitarian law, establishes that no person under the age of 18 shall be subject to compulsory recruitment into regular armed forces, and imposes an obligation on States to raise the minimum age for voluntary recruitment to at least 16 years. Upon ratification of or accession to the Optional Protocol, States parties must deposit a binding declaration stating their minimum age for voluntary recruiting and the safeguards in place to ensure that that recruitment is voluntary. States Parties to the Protocol shall also ensure that members of their armed forces under 18 years of age do not take a direct part in hostilities. In addition, armed groups distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under 18. States parties are required to take all feasible measures to prevent the recruitment and use of children by such groups, including the criminalization of such practices.

To date, 128 States have ratified the Optional Protocol on the involvement of children in armed conflict: Afghanistan; Albania; Algeria; Andorra; Angola; Argentina; Armenia; Australia; Austria; Azerbaijan; Bahrain; Bangladesh; Belarus; Belgium; Belize; Benin; Bolivia; Bosnia and Herzegovina; Botswana; Brazil; Bulgaria; Burkina Faso; Burundi; Cambodia; Canada; Cape Verde; Chad; Chile; China; Colombia; Costa Rica; Croatia; Cuba; Czech Republic; Democratic Republic of the Congo; Denmark; Dominica; Ecuador; Egypt; El Salvador; Eritrea; Finland; France; Germany; Greece; Guatemala; Holy See; Honduras; Iceland; India; Iraq; Ireland; Israel; Italy; Jamaica; Japan; Jordan; Kazakhstan; Kenya; Kuwait; Kyrgyzstan; Lao People's Democratic Republic; Latvia; Lesotho; Libyan Arab Jamahiriya; Liechtenstein; Lithuania; Luxembourg; Madagascar; Maldives; Mali; Malta; Mauritius; Mexico; Monaco; Mongolia; Montenegro; Morocco; Mozambique; Namibia; Nepal; New Zealand; Nicaragua; Norway; Oman; Panama; Paraguay; Peru; Philippines; Poland; Portugal; Qatar; Republic of Korea; Republic of Moldova; Romania; Russian Federation; Rwanda; Senegal; Serbia; Sierra Leone; Singapore; Slovakia; Slovenia; Spain; Sri Lanka; Sudan; Sweden; Switzerland; Syria; Tajikistan; Thailand; The former Yugoslav Republic of Macedonia; Timor-Leste; Togo; Tunisia; Turkey; Turkmenistan; Uganda; Ukraine; United Kingdom; Tanzania; United States; Uruguay; Uzbekistan; Vanuatu; Venezuela; Viet Nam; and Yemen.


Committee Membership

The Committee is made up of 18 Experts of high moral standing and recognized competence in the field of children's rights. The following members, nominated by the States parties to serve in their personal capacity, have been elected or re-elected to the Committee: Agnes Akosua Aidoo (Ghana); Hadeel Al-Asmar (Syrian Arab Republic); Luigi Citarella (Italy); Kamel Filali (Algeria); Peter Guran (Slovakia); Maria Herczog (Hungary); Moushira Khattab (Egypt); Sanphasit Koompraphant (Thailand); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Marta Mauras Perez (Chile); Rosa María Ortiz (Paraguay); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamla Devi Varmah (Mauritius); Susana Villarán de la Puente (Peru); and Jean Zermatten (Switzerland). Currently, Ms. Lee is the Chairperson of the Committee; Ms. Aidoo, Mr. Filali, Ms. Ortiz, and Mr. Zermatten are Vice-Chairpersons; and Mr. Krappmann is the Rapporteur.

Tentative Timetable for Consideration of Reports

Following is a tentative timetable for the consideration of reports from States parties to the Convention during this session:

Tuesday, 26 May

10 a.m. France: combined third and fourth periodic reports (CRC/C/FRA/4)

3 p.m. France (continued)

Wednesday, 27 May

10 a.m. Sweden: fourth periodic report (CRC/C/SWE/4)

3 p.m. Sweden (continued)

Thursday, 28 May

10 a.m. Mauritania: second periodic report (CRC/C/MRT/2)

3 p.m. Mauritania (continued)

Friday, 29 May

10 a.m. Slovenia: OPAC Optional Protocol on the involvement of children in armed conflict.
and OPSC Optional Protocol on the sale of children, child prostitution and child pornography.
initial reports (CRC/C/OPAC/SVN/1 and CRC/C/OPSC/SVN/1)

3 p.m. Slovenia (continued)

Wednesday, 3 June

10 a.m. Bangladesh: combined third and fourth periodic reports (CRC/C/BGD/4)

3 p.m. Bangladesh (continued)

Thursday, 4 June

10 a.m. Niger: second periodic report (CRC/C/NER/2)

3 p.m. Niger (continued)

Friday, 5 June

10 a.m. Romania: combined third and fourth periodic reports (CRC/C/ROM/4)

3 p.m. Romania (continued)

Tuesday, 9 June

10 a.m. Oman: OPAC1 and OPSC2 initial reports (CRC/C/OPAC/OMN/1 and CRC/OPSC/OMN/1)

3 p.m. Oman (continued)

More information, including links to documentation for the forty-ninth session of the Convention on the Rights of the Child, is available at the OHCHR website at: http://www2.ohchr.org/english/bodies/crc/crcs50.htm.

Mother Day special

On this Mother's Day, filled with its many celebrations, it is appropriate to pause for a moment of reflection on the challenges of women around the world.

No doubt Anna Jarvis and Julia Ward Howe, with whom the day's history is intertwined, would have wanted that.

Jarvis, the Appalachian homemaker who fought for improved sanitation and wanted a day to highlight that effort, and Ward, the suffragette and reformer who wanted mothers to devote a day to peace after the Franco-Prussian war, were activists to their core.

Jarvis' daughter, whose name was also Anna, lobbied for a national day to honor mothers like hers. In 1914, the second Sunday of May was established as Mother's Day around the nation.

In the United States, many women -- most of them mothers -- grapple with daunting issues like poverty, violence, inadequate child care and lack of access to adequate health care. It is encouraging that President Barack Obama recently created the White House Council on Women and Girls, which involves every federal agency and is charged with closely monitoring female-related issues.

Amnesty International, meanwhile, is drawing attention to the plight of Native American women. It says Native women are more than twice as likely to be sexually assaulted as other women in the United States.

Outside the United States, rape is a tool of war in places like Congo and Darfur. Women are the majority of refugees fleeing their homelands, and they are frequently targets of abuse by "security forces, border guards, locals, smugglers and other refugees," according to Amnesty.

Where are they safe?

Last month, Afghan women protesting Shiite marital laws that allow rape by husbands, among other things, were pelted with stones by fellow Afghans. The outcry was heard around the world -- perhaps loud enough to force some change.

New York Times columnist Nicholas Kristof has consistently reported on the trafficking of women and children in Asia and other countries. He recently added the United States to his list as he chronicles the plight of teenage girls who are exploited by pimps who use drugs and beatings to control them.

Rep. Carolyn Maloney, D-Manhattan, and Sen. Barbara Boxer, D-Calif., have introduced the International Women's Freedom Act of 2009. The legislation would create a U.S. Commission on International Women's Rights that would report on women's rights issues around the globe. Such a commission should be welcomed.

And Secretary of State Hillary Clinton, who said as first lady nearly 15 years ago that "women's rights are human rights," is committed to a global women's agenda.

Concerned citizens must get involved, too -- in part by contacting their congressional representatives and making sure they are engaged in efforts to protect women here and around the world.

Ward and the Jarvises would have wanted that.

Child Rights and You (CRY) has started its election campaign — not for votes but to keep child rights on the agenda of political parties.

The CRY (NGO) has been communicating with politicians across the country to ensure that issues related to children do not slip off their and their parties’ radar.

“We find that despite the efforts of child rights organisations, political parties continue to ignore children and the issues affecting them. So we are now knocking on the doors of the candidates to remind them that children should not be neglected,” said education activist and CRY director Ila Hukku.

The NGO recently handed over its Child Rights Manifesto, which lists issues affecting children’s lives in India, to CPM state secretary Biman Bose, CPM candidate Mohammad Salim and CPI state secretary and central secretariat member Manju Kumar Majumder.

CRY also plans to hand over the manifesto to external affairs minister Pranab Mukherjee and CPM politburo member Sitaram Yechury.

According to representatives of the NGO, while many candidates pointed out that their parties’ manifestos contained points from the CRY document, in the past the issues have seldom been taken up after polls.

Mohammad Salim promised the representatives that the issues would feature in the CPM’s internal debates after the elections and in the common minimum programme if the party comes to power.

The Child Rights Manifesto seeks an increase in government expenditure on children — specifically a hike in expenditure on education to 10 per cent and on health to seven per cent of the GDP.

It calls for redrafting of the Right to Education Bill (Right of Children to Free and Compulsory Education Bill, 2008) and the revision of the National Policy for Children (1974).

“We are reminding people that one-fourth of the country — as many as 400 million citizens — will not vote this election because they are below 18. We, the adults, should ensure that their interests do not slip off the political radar,” said Dipankar Mazumdar, the director (youth and development support) of CRY.


[source- [[The Telegraph]], Thursday , May 7 , 2009]

Violation of child rights’ for any poll-related work “is in no way acceptable.” said Election Commission

The Election Commission has warned the District Election Officers and the Returning Officers that they would be personally held responsible if there was any report of employment of child labourers for poll-related works.
Taking cognizance of a photograph published by The Hindu on Thursday wherein children were seen carrying the Electronic Voting Machines (EVMs), prior to the third phase of the Lok Sabha polls in Bhagalpur constituency in Bihar, the Commission said the use of child workers was “highly objectionable.”
The Commission – Chief Election Commissioner Navin B. Chawla and Election Commissioners S.Y. Quraishi and V.S. Sampath – which went through the report about employment of child labourers, in a letter to the Chief Secretaries and Chief Electoral Officers of the States/Union Territories on Friday, said those violating the child labour laws would face the consequences of law and severe disciplinary action.
Violation of child rights’ for any poll-related work “is in no way acceptable.” The Commission, taking “strong exception” to the practice, also sent a copy of the photograph published in The Hindu along with the letter to the officials.
The Child Labour (Prohibition and Regulation) Act, 1986, prohibits employment of children below 14 years in occupations such as transport of goods etc. considered unsafe and harmful to them and regulates the conditions of work of children.
The violators could face imprisonment from three months to one year and fine between Rs.10,000 and Rs.20,000 or both. Besides the violators had to deposit Rs.20,000 in the name of the rescued child to the Child Labour Rehabilitation cum Welfare Fund.


[Source: The Hindu, Saturday, May 02, 2009]