COMMITTEE ON RIGHTS OF CHILD TO HOLD FORTY-EIGHTH SESSION IN GENEVA FROM 19 MAY TO 6 JUNE 2008

BACKGROUND RELEASE
Committee on the Rights of the Child

15 May 2008

Situation of Child Rights in Georgia, Bulgaria, United States, Republic of Korea, Serbia, Sierra Leone, Philippines and Eritrea to be Reviewed

The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 19 May to 6 June to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in Georgia, Bulgaria, Serbia, Sierra Leone and Eritrea. The Committee will also consider the situation in the United States and the Republic of Korea with regard to the promotion and protection of children's rights under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, and will review efforts made by the United States, the Republic of Korea and the Philippines with regard to their implementation of the Optional Protocol 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, with the exception of the United States, 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 forty-eighth session, Georgia will present its third report, Bulgaria will present its second periodic report, Serbia will present its initial report, Sierra Leone will present its second report and Eritrea will present its second and third consolidated report on how those countries are implementing their obligations under the Convention on the Rights of the Child. Delegations from the United States, the Republic of Korea and the Philippines will be presenting the relevant initial reports under the Convention's Optional Protocols.

At its opening meeting, the Committee will adopt its agenda and review its organization of work. During the session, the Committee will pursue 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. The Committee will pursue its discussion concerning the organization of its future work, as well as the procedure to be followed in the consideration of reports by States parties and their follow-up, including where necessary areas identified for technical assistance. In particular, the Committee will consider modalities of addressing the backlog of reports pending consideration, including by seeking approval to meet in two parallel chambers. The Committee will pursue the elaboration of general comments based on the various principles and provisions of the Convention, and specifically on two drafts, one related to the rights of indigenous children and one on child participation. Other matters relating to the work of the Committee will be discussed as may be necessary.

The Committee considered the second periodic report of Georgia on 1 October 2003, and concluding observations on it can be found in document CRC/C/15/Add.222; the initial report of Bulgaria was reviewed on 7 and 8 January 1997, and the conclusions on it can be found in document CRC/C/15/Add.66; the initial report of Sierra Leone was reviewed on 13 January 2000, and the Committee’s concluding observations on it are contained in document CRC/C/15/Add.116; and the Committee considered the initial periodic report of Eritrea on 20 May 2003, and the conclusions on it can be found in document CRC/C/15/Add.204.

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, 120 countries have ratified the Optional Protocol on the involvement of children in armed conflict; 126 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.

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.

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); Alya Ahmed Bin Saif Al-Thani (Qatar); Joyce Aluoch (Kenya); Luigi Citarella (Italy); Kamel Filali (Algeria); Maria Herczog (Hungary); Moushira Khattab (Egypt); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Rosa María Ortiz (Paraguay); David Brent Parfitt (Canada); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamal Siddiqui (Bangladesh); Lucy Smith (Norway); Nevena Vuckovic-Sahovic (Serbia); and Jean Zermatten (Switzerland).

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, 20 May

10 a.m. Georgia: third periodic report (CRC/C/GEO/3)

3 p.m. Georgia (continued)


Wednesday, 21 May

10 a.m. Bulgaria: second periodic report (CRC/C/BGR/2)

3 p.m. Bulgaria (continued)


Thursday, 22 May

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

3 p.m. United States OPSC1/OPAC2 (continued)


Friday, 23 May

10 a.m. Republic of Korea: OPAC1 and OPSC2 initial reports (CRC/C/OPAC/KOR/1 and CRC/C/OPSC/KOR/1)

3 p.m. Republic of Korea OPAC1/OPSC2 (continued)


Tuesday 27 May

10 a.m. Serbia: initial report (CRC/C/SRB/1)

3 p.m. Serbia (continued)


Thursday 29 May

10 a.m. Sierra Leone: second periodic report (CRC/C/SLE/2)

3 p.m. Sierra Leone (continued)


Friday 30 May

3 p.m. Philippines: OPAC1 initial report (CRC/C/OPAC/PHL/1)



Monday 2 June

10 a.m. Eritrea: second and third consolidated report (CRC/C/ERI/3)

3 p.m. Eritrea (continued)


Friday 6 June

12.30 p.m. Public closing of the session


More information, including links to documentation for the forty-eighth session of the Convention on the Rights of the Child, is available at the OHCHR website at: http://www2.ohchr.org/english/bodies/crc/crcs48.htm

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