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Convention on the Rights of the Child turns 21
by Unicef
 
21 years ago a remarkable milestone for the protection and realization of the rights of all children - the Convention on the Rights of the Child – was officially opened for signature by United Nations Member States.
 
The Convention on the Rights of the Child (CRC) is the first legally binding instrument designed to protect and promote the rights of people under 18 years old. Its adoption by the UN General Assembly on 20 November 1989 is celebrated annually as Universal Children’s Day. It has now achieved near-universal acceptance, with ratification by 193 parties.
 
The Convention sets out rights that children enjoy as human beings and also identifies special rights and protections they require during this vulnerable phase of their lives.
 
The rights in the Convention are predicated on the principles of universality, non-discrimination and accountability. This means that they apply equally to every child, including the most disadvantaged. The Convention creates a moral imperative, determined by the world leaders and governments who drafted and subsequently joined the Convention, to ensure that efforts to protect and promote children’s rights must be equitable.
 
Every child, not matter how disadvantaged by parental income or family circumstance, geography, disability, race or gender, has an equal right to enjoy the protection of the Convention and the rights it sets out.
 
There are 54 articles in the CRC. These set out universal human rights, including the rights to: survival; develop to the fullest; protection from harmful influences, abuse and exploitation; participate fully in family, cultural and social life.
 
Every one of these rights is essential to human dignity and to the harmonious development of every child. In a more concrete sense, these rights set global minimum standards for children’s health care, education and their access to legal, civil and social services.
 
By ratifying or acceding to the Convention, national governments commit themselves to protecting and ensuring children’s rights as outlined in the Convention and they hold themselves accountable for this commitment before the international community.
 
In every part of the world, there are examples of how the Convention has impacted law and practice. In Burkina Faso, for example, a Children’s Parliament was created to review proposed legislation in response to the principle of participation set out in the Convention.
 
The CRC was the first international convention to be ratified by South Africa, leading to legislative changes such as a prohibition of corporal punishment and the development of a separate juvenile justice system.
 
The Russian Federation set up new juvenile and family courts to meet its responsibilities to children under the CRC, while Morocco established a National Institute to Monitor Children Rights.
 
At UNICEF the provisions and principles of the Convention guide our mission. By advocating for the protection of children’s rights and helping children to meet their basic needs and expand their opportunities, UNICEF works towards the realization the rights for every child. The focus of our work is not just on building the capacity of duty bearers, but just as much to build the capacity of rights holders.
 
The Convention is complemented by two Option Protocols; on the involvement of children in armed conflict, and on the sale of children, child prostitution and child pornography.


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UN Special Rapporteurs reports
by United Nations Office at Geneva
Switzerland
 
January 2011
 
India: “Space for Civil Society is being contracted", warns UN Expert on Human Rights Defenders.
 
The UN Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, has expressed her concern for a contraction of the space for civil society in India, despite the country’s “comprehensive and progressive legal framework as a guarantor of human rights and fundamental freedoms as well as the existence of the National Human Rights Commission as well as a number of state and statutory commissions mandated to promote and protect human rights.”
 
“I am particularly concerned at the plight of human rights defenders working for the rights of marginalized people, i.e. Dalits, Adavasis (tribals), religious minorities and sexual minorities, who face particular risks and ostracism because of their activities,” Ms. Sekaggya said at the end of her first fact-finding mission to the country.
 
Ms. Sekaggya underscored the testimonies she received about human rights defenders and their families, who have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and were under surveillance because of their legitimate work in upholding human rights and fundamental freedoms.
 
In her view, the existing national and state human rights commissions should do much more to ensure a safe and conducive environment for human rights defenders throughout the country. To that end, she urged the Government to review the functioning of the National Human Rights Commission with a view to strengthening it.
 
The independent expert also noted “the arbitrary application of security laws at the national and state levels, most notably the Public Safety Act and the Armed Forces Special Powers Act, the Jammu and Kashmir Public Safety Act and the Unlawful Activities Prevention Act, as these laws adversely affect the work of human rights defenders”. She urged the Government to repeal the Armed Forces Special Powers Act as well as the Public Safety Act and review the application of other security laws which negatively impact on the situation of human rights defenders.
 
“I am deeply concerned about the branding and stigmatization of human rights defenders, labelled as ‘naxalites (Maoists)’, ‘terrorists’, ‘militants’, ‘insurgents’, or ‘anti-nationalists’,” Ms. Sekaggya said. Defenders, including journalists, who report on violations by State and non-State actors in areas affected by insurgency are being targeted by both sides.
 
“I urge the authorities to clearly instruct security forces to respect the work of human rights defenders, conduct prompt and impartial investigations on violations committed against human rights defenders and prosecute perpetrators”. The human rights expert further recommended that the Government “enact a law on the protection of human rights defenders in full and meaningful consultation with civil society.”
 
Ms. Sekaggya commended the Government for opening its doors to her mandate and for enabling her to visit five states, which assisted her in gaining a clear understanding of the local specificities in which human rights defenders work.
 
The Special Rapporteur will present her report to the United Nations Human Rights Council at a future session in 2012, and will make further recommendations for the consideration of the Government and other stakeholders.
 
Jan 2011
 
Ireland: "Put People at the Centre of Policy Measures", says UN Expert on Extreme Poverty.
 
The economic and financial crisis in Ireland poses a disproportionate threat to vulnerable segments in the country who benefitted little from its economic boom in the first place, the UN Independent Expert on human rights and extreme poverty, Magdalena Sepúlveda has warned.
 
At the end of her fact-finding mission to Ireland, Ms. Sepúlveda welcomed measures adopted during the last decade to considerably reduce the risk of poverty, but considered that “the milestones achieved in social protection face a serious threat.” The expert visited the country to study the Government’s efforts and challenges in alleviating poverty and social exclusion, domestically and internationally.
 
“Ireland’s problems in the long term will not be solved if inequality increases or if the most vulnerable do not have a standard of living which is regarded as acceptable by Irish society in general,” she said, calling on the authorities to incorporate into their recovery plan a comprehensive and consistent policy to protect the most vulnerable members of society in full compliance with human rights standards.
 
“Human rights must be particularly protected in times of economic uncertainty. When designing and implementing policy measures aimed at recovery, the authorities must assess their impact on the most vulnerable groups; consider their appropriateness; and examine alternatives aimed at protecting such groups as a matter of priority.”
 
Ms. Sepúlveda was particularly concerned at the impact of cuts in expenditure on social protection and public services. “The reductions will mean a decline in services and an increase in costs to access them, leading to further poverty and social exclusion,” she warned. “Retrogressive measures in the enjoyment of economic, social and cultural rights need to be fully justified in the context of maximum available resources.”
 
The communities most disproportionately affected by the crisis include children, single parents, persons with disabilities, migrants, Travellers, homeless people, the working poor, people living in rural areas, refugees and asylum seekers.
 
The human rights expert expressed particular concern about children, especially in single-parent households. “The substantial cuts in child payments and services in recent budgets can exacerbate their situation, leading to an increase in the worryingly high child poverty rates. This would represent a major step backward for Ireland.”
 
Ms. Sepulveda was impressed by the commitment and innovative services provided by communities and civil society organizations. “The active and meaningful participation of civil society must be ensured in the design, implementation and evaluation of all public services, at all levels of decision-making,” she emphasized. “Nonetheless, they should not be considered as replacing Government responsibility towards the delivery of quality social services.”
 
The Independent Expert welcomed the Government’s commitment to reach the target of 0.7% of GNP on Official Development Assistance (ODA) by 2015. “This reflects the great value Irish society assigns to international assistance for developing countries. I’m sure that despite the domestic crisis, Ireland will continue to play a key role as international donor.”
 
During her stay, the Independent Expert held meetings with the Minister for Equality, Human Rights and Integration, Ms. Mary White TD, senior Government officials from departments working on poverty alleviation and social policies, as well as members of the Oireachtas and representatives of the Office of the Taoiseach. She also met with representatives of the Irish Human Rights Commission, civil society organizations and representatives of communities affected by poverty. The delegation visited a number of community projects in Dublin, Limerick, Galway and the Midlands, where people living in poverty and social exclusion shared their personal experiences.
 
The Independent Expert’s findings and recommendations to the Government of Ireland and other stakeholders will be included in a report to be presented to the UN Human Rights Council in June 2011.
 
Jan 2011
 
Senegal & Education: "Quality must be enshrined as children arrive to School".
 
“Senegal has achieved important advances in access to primary schools over the last decade; however, as children finally arrive to the class room, quality of education must be ensured,” said the United Nations Special Rapporteur on the right to education, Kishore Singh, at the end of his first visit to the country.
 
“Without well trained and motivated teachers, without access to adequate pedagogical materials and without any capacity to teach in mother tongue languages at primary levels, the impact of increased enrolment will be limited,” the independent human rights expert said.
 
In his view, great challenges still lay ahead: “Senegal played a leading role in the promotion of international commitments to ensure the right to education. Nevertheless, only 47 per cent of Senegalese are literate and 2.7 million children remain out of schools,” stressed the UN Special Rapporteur, sharing some of his preliminary findings at a press conference in Dakar.
 
During his visit to the country, Mr. Singh met with various Government authorities in the education sector, international organizations and non-governmental organizations, and visited Senegalese schools and daaras (Quranic schools) both in the capital and in the rural area. “Despite efforts to build new schools, infrastructure is still inadequate and class rooms are overcrowded in many places,” he said, noting that private schooling is on the rise and abusive business practices are an emerging concern. “Authorities have the duty to hold private schools accountable for malpractice and preserve public interest in education.”
 
“The important proportion of recent State budget allocations to education indicates Senegal’s recognition of the right to education. Yet, permanent attention is required to ensure resources are well targeted and timely spent. Enhanced investment in social protection schemes would help to avoid marginalized children being deprived of an education.” The Special Rapporteur also called for increased support for technical schooling: “The proportion of resources allocated to technical schools is meagre. With more support these establishments may play an important role in broadening work opportunities for many Senegalese.”
 
Mr. Singh was briefed on the efforts of the Government to modernize daaras and indicated his concern with the situation of children who are exposed to insalubrious conditions and obliged to beg when enrolled in some of these establishments. “There is no excuse for the exploitation of children. This is not only unacceptable according to human rights standards but is also incompatible with all religious values. Children must be protected and a framework must be in place to ensure all daaras comply with human rights standards.”
 
The independent expert drew special attention to the challenges faced by girls in schools.“Senegal achieved gender parity at primary levels, but girls are not having the same progression as boys at higher levels; early marriage and pregnancies, domestic work, and abusive teachers are all serious concerns that can contribute to take girls out of schools.”
 
Mr. Singh also stressed that complaint mechanisms must be established to detect any violence or abuse in educational environments: “Schools must offer truly safe learning environments, and students and their families must have access to support and remedy whenever their rights are violated.”
 
“Education is a fundamental human right,” concluded Mr. Singh. “Protection mechanisms must be available in case of any violation.”
 
The Special Rapporteur will present a report to the UN Human Rights Council describing the main findings of his mission to Senegal and providing recommendations on the improvement of the situation of the right to education in the country.
 
* The United Nations Office at Geneva - News & Media page - provides links to Human Rights Mechanisms - including UN Special Rapporteurs and Experts regular press releases.


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