CHILDREN'S RIGHTS COMMITTEE TO HOLD FIFTY-SECOND SESSION IN GENEVA FROM 14 SEPTEMBER TO 2 OCTOBER 2009

Committee on the Rights of the Child
BACKGROUND RELEASE

9 September 2009


Situation of Children's Rights in Turkey, Philippines, Mozambique, Bolivia, Poland, Pakistan, Qatar and Yemen to be Reviewed


The Committee on the Rights of the Child will meet at Palais Wilson in Geneva from 14 September to 2 October 2009 to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in the Philippines, Mozambique, Bolivia, Pakistan and Qatar. The Committee will also review efforts made by Turkey and Poland with regard to their implementation of the Optional Protocol to the Convention on the involvement of children in armed conflict, and will examine the situation in Poland and Yemen under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

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-second session, Mozambique and Qatar will present their second reports, the Philippines and Pakistan will present their combined third and fourth periodic reports, and Bolivia will present its fourth periodic report on measures taken to implement the Convention on the Rights of the Child nationally. Delegations from Turkey, Poland and Yemen will also be presenting initial reports under the Optional Protocols.

During the session, in addition to the 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 draft treaty-specific reporting guidelines. The Committee will also pursue the elaboration of general comments on the principle of the best interests of the child and on the protection of children from all forms of violence, exploitation and abuse, based on the various principles and provisions of 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 initial report of Turkey on 23 May 2001, and the concluding observations on it can be found in document CRC/C/15/Add.152; the Committee examined the second report of the Philippines on 18 May 2005, and concluding observations are contained in document CRC/C/15/Add.259; on 22 January 2002, the Committee reviewed Mozambique's initial report, and issued concluding observations on it in document CRC/C/15/Add.172; the Committee took up the third periodic report of Bolivia on 25 January 2005, and made public concluding observations on it in document CRC/C/15/Add.256; the second periodic report of Poland underwent a Committee review on 1 October 2002, and concluding observations on it are contained in document CRC/C/15/Add.194; the second periodic report of Pakistan was examined on 22 September 2003, and the Committee's related concluding observations can be found in document CRC/C/15/Add.217; on 2 October 2001, the Committee considered the initial report of Qatar, and made public its concluding observations in document CRC/C/15/Add.163; and the Committee reviewed the third periodic report of Yemen on 1 June 2005, and issued concluding observations on it in document CRC/C/15/Add.267.

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 132 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; Germany; 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:

Monday, 14 September

3 p.m. Turkey: OPAC Optional Protocol on the involvement of children in armed conflict.
(CRC/C/OPAC/TUR/1)

Tuesday, 15 September

10 a.m. Philippines: combined third and fourth periodic reports (CRC/C/PHL/3-4)

3 p.m. Philippines (continued)

Wednesday, 16 September

10 a.m. Mozambique: second periodic report (CRC/C/MOZ/2)

3 p.m. Mozambique (continued)

Thursday, 17 September

10 a.m. Bolivia: fourth periodic report (CRC/C/BOL/4)

3 p.m. Bolivia (continued)

Tuesday, 22 September

10 a.m. Poland: OPAC1 and OPSC Optional Protocol on the sale of children, child prostitution and child pornography.
initial reports (CRC/C/OPAC/POL/1 and CRC/C/OPSC/POL/1)

3 p.m. Poland (continued)

Monday, 28 September

10 a.m. Pakistan: combined third and fourth periodic reports (CRC/C/PAK/3-4)

3 p.m. Pakistan (continued)

Tuesday, 29 September

10 a.m. Qatar: second periodic report (CRC/C/QAT/2)

3 p.m. Qatar (continued)

Wednesday, 30 September

10 a.m. Yemen: OPSC2 (CRC/C/OPSC/YEM/1)


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
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1) Optional Protocol on the involvement of children in armed conflict.

2) Optional Protocol on the sale of children, child prostitution and child pornography.

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For use of the information media; not an official record