COMMITTEE ON RIGHTS OF CHILD TO HOLD FORTY-NINTH SESSION IN GENEVA FROM 15 SEPTEMBER TO 3 OCTOBER 2008

BACKGROUND RELEASE Committee on the Rights of the Child

10 September 2008




Situation of Child Rights in Austria, Uganda, Djibouti, Lithuania, Bhutan,
United Kingdom and Tanzania to be Reviewed


The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 15 September to 3 October to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in Djibouti, Bhutan and the United Kingdom. The Committee will also consider the situation in Austria, Uganda, Lithuania and Tanzania 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 Uganda, the United Kingdom and Tanzania 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 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-ninth session, Djibouti and Bhutan will present their second reports, and the United Kingdom will present its combined third and fourth periodic reports, on how those countries are implementing their obligations under the Convention on the Rights of the Child. Delegations from Austria, Uganda, Lithuania, the United Kingdom and Tanzania will also 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 also 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.

Also during this session, on Friday, 19 September, the Committee will hold a Day of General Discussion related to articles 28 and 29 of the Convention dealing with the right to education, focusing on the education of children in emergency situations. Representatives of Governments, United Nations human rights mechanisms, United Nations bodies and specialized agencies, non-governmental organizations, national human rights institutions as well as individual experts and children have been invited to take part in the debate, which will be broken down into two working groups. The first working group will consider the continuation and/or reconstruction of the educational system in emergency situations, and the second group will look at the content and quality of education provided for children in such situations. The Committee will later publish its recommendations on this subject. Documentation and information related to the Day of General Discussion, including an outline and a programme for the day, is available on the web page of the Committee on the Rights of the Child at http://www2.ohchr.org/english/bodies/crc/discussion2008.htm

The States parties presenting reports during this session have previously come before the Committee, which subsequently issued concluding observations on them. The second periodic report of Austria was taken up by the Committee on 14 January 2005, with concluding observations on it issued in document CRC/C/15/Add.251; the Committee considered the second periodic report of Uganda on 15 September 2005, and concluding observations on it are available in document CRC/C/UGA/CO/2; the initial report of Djibouti was reviewed on 30 May 2000, and the Committee’s concluding observations were published in document CRC/C/15/Add.131; the second periodic report of Lithuania was reviewed on 18 January 2006, and the Committee’s concluding observations on it were issued in document CRC/C/LTU/CO/2; the Committee considered Bhutan’s initial report on 20 May 2003, and concluding observations on it are available in document CRC/C/15/Add.157; the second periodic report of the United Kingdom was examined on 19 September 2002, and the Committee issued concluding observations on it in document CRC/C/15/Add.188; and the Committee reviewed the second periodic report of Tanzania on 19 May 2006, and issued concluding observations on it in document CRC/C/TZA/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, 122 countries have ratified the Optional Protocol on the involvement of children in armed conflict; and 128 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.

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:

Monday, 15 September

3 p.m. Austria: OPSC Optional Protocol on the sale of children, child prostitution and child pornography.
initial report (CRC/C/OPSC/AUT/1)

Tuesday, 16 September

10 a.m. Uganda: OPSC1 and OPAC Optional Protocol on the involvement of children in armed conflict.
initial reports (CRC/C/OPSC/UGA/1 and CRC/C/OPAC/UGA/1)

3 p.m. Uganda (continued)

Wednesday, 17 September

10 a.m. Djibouti: second periodic report (CRC/C/DJI/2)

3 p.m. Djibouti (continued)

Thursday, 18 September

10 a.m. Lithuania: OPSC1 initial report (CRC/C/OPSC/LTU/1)

Monday, 22 September

10 a.m. Bhutan: second periodic report (CRC/C/BTN/2)

3 p.m. Bhutan (continued)

Tuesday, 23 September

10 a.m. United Kingdom: third and fourth consolidated reports (CRC/C/GBR/4)

3 p.m. United Kingdom (continued)

Wednesday, 24 September

10 a.m. United Kingdom: OPAC2 initial report (CRC/C/OPAC/GBR/1)

Monday, 29 September

10 a.m. Tanzania: OPSC1 and OPAC2 initial reports (CRC/C/OPSC/TZA/1 and CRC/C/OPAC/TZA/1)

3 p.m. Tanzania OPSC1/OPAC2 (continued)

Friday, 3 October
12.30 p.m. Public closing of the session

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/crcs49.htm

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For use of the information media; not an official record