CRINMAIL 463: Special Edition on Child Rights at the Commission on Human Rights



10 April 2003: CRINMAIL 463 Contents: Special Edition on Child Rights at 
the Commission on Human Rights

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- COMMISSION ON HUMAN RIGHTS: Statement by Mr. Jakob Egbert Doek 
Chairperson, Committee on the Rights of the Child [statement]

- COMMISSION ON HUMAN RIGHTS: Report by Juan Miguel Petit, Special 
Rapporteur on the Sale of Children, Child Prostitution and Child 
Pornography [report]

- RIGHTS OF THE CHILD: An Omnibus Resolution on the Rights of the Child 
[background information]

- CHILDREN'S HUMAN RIGHTS CAUCUS: Documents and Reports of the Subgroup on 
the Commission on Human Rights [reports]

- VIOLENCE: UN Study on Violence Against Children [update]

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- COMMISSION ON HUMAN RIGHTS: Statement by Mr. Jakob Egbert Doek 
Chairperson, Committee on the Rights of the Child [statement]

[Geneva, 9 April 2003] - "? On behalf of the CRC Committee I like to thank 
the UN Commission for this opportunity to brief its members on some of the 
recent and most important developments regarding the implementation and 
monitoring of the CRC. This opportunity is particularly welcome because the 
CRC Committee is very much aware of and highly appreciates the Commission's 
support for the realization of children's rights.

Just as an example and an important one, I like to refer to the support of 
your Commission for the recommendation of the CRC Committee to the General 
Assembly to ask the Secretary General to conduct an international study on 
violence against children.

The Committee received with great satisfaction the information that Mr. 
Pinheiro has been appointed as the international expert for this study. 
Violence against children is wide spread, happens in all States Parties to 
the CRC and is committed not only by strangers or State's agents, but also 
by parents and other care takers, persons the children depend upon for 
their healthy and harmonious development.

The CRC committee intends to be involved in this study and supports Mr. 
Pinheiro as much as possible. The Committee also counts on your 
Commission's ongoing interest in and support for this international effort 
to develop the most effective ways and means to prevent, reduce and 
ultimately eliminate all forms of violence against children.

Since the last session of your Commission the CRC has adopted two General 
Comments, one on the Role of Independent National Human Rights Institutions 
in the promotion and protection of the rights of the child (CRC/GC/2002/2; 
15 November 2002) and on HIV/AIDS and the rights of children 
(CRC/GC/2003/3; 12 March 2003).

The Committee also discussed the proposals of the Secretary General for 
reform of the reporting and monitoring of Human Rights. The suggestion to 
introduce the possibility of submitting one single or omnibus report, 
raises many questions which need a full and in depth consideration to 
assess the viability of such report. The CRC Committee fully agrees with 
the Secretary General - and many others - that improvements of the 
efficiency and effect of the existing Human Rights reporting and monitoring 
system is necessary and should be dealt with as a matter of urgency."

[source: OHCHR. For the full statement, go to the following link and select 
'statements': http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet]

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- COMMISSION ON HUMAN RIGHTS: Report by Juan Miguel Petit, Special 
Rapporteur on the Sale of Children, Child Prostitution and Child 
Pornography [report]

Juan Miguel Petit, the Commission's Special Rapporteur on the sale of 
children, child prostitution and child pornography, writes in the document 
that the treatment of child victims of trafficking, especially when they 
are placed in protective custody, has a punitive effect. "Apart from the 
injustice of treating exploited children as criminals", he states, "there 
are other serious consequences for children. Being part of a legal process 
is traumatic for any child, but when the child in question is considered to 
be in conflict with the law and possibly subject to penal sanctions, this 
trauma is compounded".

In some cases, states the Special Rapporteur, sex offence legislation is 
discriminatory. Laws only recognize the rape, sexual exploitation or 
prostitution of females, leaving boys with no legal protection. Some 
legislation criminalizes underage sex with members of the opposite sex, 
which means that where the act is performed with children of the same sex, 
the child is not protected.

The Special Rapporteur notes that awareness about trafficking, child sexual 
abuse and exploitation is increasing in many regions of the world, and many 
States have recently introduced new strategies and legislative amendments 
to tackle these problems. Penalties for those trafficking other persons are 
becoming stiffer and criminal liability for crimes against children 
generally is being strengthened.

The report focuses on the legal consequences of the sale of children, child 
prostitution and child pornography, particularly on the criminalization of 
child victims, and recent national policy and legislative developments to 
address these concerns. It also focuses briefly on illegal or coercive 
adoptive practices which have the effect of selling a child, and on HIV/AIDS.

[source: OHCHR. For the full story and for the report, go to: 
http://www.ohchr.org/news/childsum.htm]

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- RIGHTS OF THE CHILD: An Omnibus Resolution on the Rights of the Child 
[background information]

There are numerous occasions when the rights of the child are addressed at 
the meeting. They are dealt with as a specific item of discussion and an 
"omnibus resolution" on the rights of the child is adopted every year. This 
resolution began as a combination of separate resolutions. Previously a 
number of resolutions on specific issues affecting children were introduced 
by the country most concerned about the issue. These included children 
living and working on the street, sexual exploitation of children and 
children affected by armed conflict. Concerned about the "proliferation" of 
resolutions pertaining to children, in 1994 the Commission decided to bring 
together all the issues in an omnibus resolution. It was initially intended 
that the omnibus resolution would not only consolidate the many resolutions 
on children's rights but also would be rationalised and shortened.

Although there have been some attempts to streamline the resolution, at the 
same time the resolution has continued to grow through the inclusion of new 
issues. This growth has often occurred on an ad hoc basis rather than in 
response to a clear, coherent overarching structure and purpose. The 
resolution adopted by consensus at the 58th session was co-sponsored by 104 
countries and, although still very long, contains strong language, 
including many of the issues that NGOs have pushed for, such as the 
appointment of an independent expert to carry out the study on violence 
against children, the fact that the 'Convention on the Rights of the Child 
[?] and other relevant human rights instruments must constitute the 
standard in the promotion and protection of the rights of the child', a 
call to 'abolish by law as soon as possible the death penalty for those 
under 18 at the time of the commission of the offence'.

This year's resolution is currently being negotiated. A draft resolution 
should be available shortly. To view previous resolutions adopted by the 
Commission on Human Rights, go to: 
http://www.crin.org/docs/resources/treaties/unchr.htm

[source: subgroup on the Commission on Human Rights and CRIN]

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- CHILDREN'S HUMAN RIGHTS CAUCUS: Documents and Reports of the Subgroup on 
the Commission on Human Rights [reports]

The subgroup on the Commission on Human Rights brings together NGOs willing 
to promote the rights of the child at the United Nations Commission on 
Human Rights. The subgroup aims to ensure that this important international 
human rights mechanism addresses the specific rights and situations of 
children worldwide in its regular work and annual sessions on human rights. 
By advocating for the inclusion of its concerns into the Commission's 
resolutions, the NGO community can further ensure better support and 
coherence between international politics and local realities affecting the 
realisation of children's rights.

The subgroup on the UN Commission on Human Rights works in close 
partnership with all the thematic subgroups of the NGO Group for the CRC, 
to enable their participation in the plans and events of the subgroup 
during the Commission. The subgroup also has regular consultation with 
member States, special rapporteurs and the Committee on the Rights of the 
Child, to promote mutual information sharing and dialogue in support of 
promoting children's rights within the work of the Commission.

The subgroup hosts a special interest group called the Children's Human 
Rights Caucus during the Commission. Documents and report of panels and 
briefings issued by the Caucus are available on the CRIN website in both 
word and pdf format. Themes include children in Palestine, minimum age of 
criminal responsibility, girl soldiers and a briefing with Theo Van Boven, 
Special Rapporteur on Torture.

? Morning briefings in Word: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-Caucus-briefing.doc; 
and pdf: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-Caucus-briefing.pdf

? Report from lunch panels in Word: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-Lunch-Panels.doc; 
and pdf:
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-Lunch-Panels.pdf

? Sessional reports in Word: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-Sessional-Reports.doc; 
and pdf: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-Sessional-Reports.pdf 


? High Level Segment in 
Word: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-High-Level-Segment.doc; 
and pdf: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR-High-Level-Segment.pdf 


For more information about the 59th Session, go to: 
http://www.crin.org/docs/resources/treaties/unchr.htm

For more information about the Subgroup on the Commission on Human Rights, 
go to: http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-CHR.htm

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- VIOLENCE: UN Study on Violence Against Children [update]

Paulo Pinheiro, the expert newly appointed to carry out the UN Study on 
Violence Against Children over the two coming years, participated in two 
separate events with NGOs during the UN Commission on Human Rights in 
Geneva last week. The first event was a panel presentation together with 
the supporting UN agencies (OHCHR, WHO, UNICEF), the chair of the Committee 
on the Rights of the Child, and a representative of the NGO Subgroup on 
Children and Violence. The second was a closed-door two-hour informal 
meeting with NGOs. In both meetings, he expressed his intention to work 
closely with the NGO community on the study.

A summary of the panel discussion is available on the CRIN website in Word: 
http://www.crin.org/docs/resources/publications/NGOCRC/NGOCHR-Violence-Panel-April2003.doc; 
and pdf: 
http://www.crin.org/docs/resources/publications/NGOCRC/NGOCHR-Violence-Panel-April2003.pdf

For more information about the Subgroup, visit: 
http://www.crin.org/docs/resources/publications/NGOCRC/subgroup-violence.htm

[source: subgroup on Violence against Children]

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