Sunday, May 24, 2009

CRC 51st session: Committee on the Rights of the Child to hold fifty-first session in Geneva from 25 May to 12 June 2009


UNITED NATIONS Press release
BACKGROUND RELEASE
Committee on the Rights of the Child
22 May 2009

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.

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