Committee on the Rights of the Child to hold fifty-fith session in Geneva from 13 September to 1 October 2010

BACKGROUND RELEASE

8 September 2010

Situation of Child Rights in to be Reviewed in Angola, Bosnia and Herzegovina, Burundi, Guatemala, Montenegro, Nicaragua, Sierra Leone, Spain, Sri Lanka and Sudan

The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 13 September to 1 October to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in Angola, Burundi, Guatemala, Montenegro, Nicaragua, Spain, Sri Lanka and Sudan. The Committee will also consider the situation in Bosnia and Herzegovina, Montenegro, Nicaragua and Sierra Leone 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 Bosnia and Herzegovina, Montenegro, Nicaragua, Sierra Leone, Sri Lanka and Sudan 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 fifty-fifth session, Angola will present its combined second through fourth periodic reports, Burundi will present its second periodic report, Guatemala, Spain, Sri Lanka and Sudan will present their combined third and fourth periodic reports, Montenegro will present its initial report, and Nicaragua will present its fourth periodic report on how the countries are implementing their obligations under the Convention on the Rights of the Child. Delegations from Bosnia and Herzegovina, Montenegro, Nicaragua and Sierra Leone will also be presenting the relevant initial reports under both of the Convention's Optional Protocols, while Sri Lanka and Sudan will present their initial reports under the Optional Protocol on the involvement of children in armed conflict.

At its opening meeting, the Committee 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 general comments based on the various principles and provisions of the Convention, and specifically on two articles, one related to the principle of the best interest of the child and one on protection of children from all forms of violence, exploitation and abuse. Other matters relating to the work of the Committee will be discussed as may be necessary. The Committee decided at its fifty-second session that, due to the backlog of reports pending consideration, no day of general discussion would be held in 2010.

Seven of the States parties presenting reports during this session have previously come before the Committee, which subsequently issued concluding observations on them. The Committee considered the initial report of Angola in September 2004 and issued its concluding observations on 1 October 2004 in document CRC/C/15/Add.246. It heard the initial report of Burundi on 20 September 2000 and published concluding observations in document CRC/C/15/Add.133. The Committee reviewed the second report of Guatemala on 29 May 2001, and issued concluding observations on 8 June 2001 in document CRC/C/15/Add.154. Nicaragua presented its third periodic report to the Committee on 27 may 2005 and concluding observations were published in document CRC/C/15/Add.265 on 3 June 2005. Spain presented its second periodic report on 4 June 2002 and the Committee issued its concluding observations on 7 June 2002 in document CRC/C/15/Add.185. The Committee heard the second periodic report of Sri Lanka on 23 May 2003 and issued concluding observations on 6 June 2003 in document CRC/C/15/Add.207. The second periodic report of Sudan was taken up by the Committee on 24 September 2002 and the Committee made public its concluding observations on 4 October 2002 in document CRC/C/15/Add.190.

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 basis 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); Hadeel Al-Asmar (Syria); Luigi Citarella (Italy); Azza El Ashmawy (Egypt); Kamel Filali (Algeria); Peter Guran (Slovakia); Maria Herczog (Hungary); Sanphasit Koompraphant (Thailand); Hatem Kotrane (Tunisia); Lothar Friedrich Krappmann (Germany); Yanghee Lee (Republic of Korea); Rosa María Ortiz (Paraguay); Marta Mauras Perez (Chile); Awich Pollar (Uganda); Dainius Puras (Lithuania); Kamla Devi Varmah (Mauritius); Susana Villaran de la Puente (Peru); 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, 13 September
10 a.m. Opening of Session, Adoption of Agenda, Submission of Reports, Organization of Work

Tuesday, 14 September
10 a.m. Chamber A – Guatemala: combined third and fourth periodic reports on CRC (CRC/C/GTM/3-4)
Chamber B – Angola: combined second through fourth periodic reports on CRC (CRC/C/AGO/2-4)

3 p.m. Chamber A – Guatemala cont.
Chamber B – Angola cont.

Wednesday, 15 September
10 a.m. Chamber A – Spain: combined third and fourth periodic reports on CRC (CRC/C/ESP/3-4)
Chamber B – Sierra Leone: initial report for OPSC Optional Protocol on the sale of children, child prostitution and child pornography
2 Optional Protocol on children in armed conflict (CRC/C/OPSC/SLE/1) and initial report for OPAC2 (CRC/C/OPAC/SLE/1)

3 p.m. Chamber A – Spain cont.
Chamber B – Sierra Leone cont.

Thursday, 16 September
10 a.m. Chamber A – Bosnia and Herzegovina: initial report for OPSC (CRC/C/OPSC/BIH/1) and initial report for OPAC (CRC/C/OPAC/BIH/1)
Chamber B – Burundi: second periodic report on CRC (CRC/C/BDI/2)

3 p.m. Chamber A – Bosnia and Herzegovina cont.
Chamber B – Burundi cont.

Friday, 17 September – closed meetings

Monday, 20 September
10 a.m. Chamber A – Montenegro: initial periodic reports on CRC (CRC/C/MNE/1), OPSC (CRC/C/OPSC/MNE/1), and OPAC (CRC/C/OPAC/MNE/1)
Chamber B – Sudan: combined third and fourth periodic reports on CRC (CRC/C/SDN/3-4) and initial report for OPAC (CRC/C/OPAC/SDN/1)

3 p.m. Chamber A – Montenegro cont.
Chamber B – Sudan cont.

Tuesday, 21 September

10 a.m. Chamber A – Montenegro cont.
Chamber B – Sudan cont.

Wednesday, 22 September – closed meetings

Thursday, 23 September
10 a.m. Chamber A – Sri Lanka: combined third and fourth periodic reports for CRC (CRC/C/LKA/3-4) and initial report for OPAC (CRC/C/OPAC/LKA/1)
Chamber B – Nicaragua: fourth periodic report on CRC (CRC/C/NIC/4), initial report for OPSC (CRC/C/OPSC/NIC/1) and initial report for OPAC (CRC/C/OPAC/NIC/1)

3 p.m. Chamber A – Sri Lanka cont.
Chamber B – Nicaragua cont.

Friday, 24 September
10 a.m. Chamber A – Sri Lanka cont.
Chamber B – Nicaragua cont.

Friday, 01 October
3 p.m. Public closing of the session

More information, including links to documentation for the fifty-fifth session of the Convention on the Rights of the Child, is available at the OHCHR website at:
http://www2.ohchr.org/english/bodies/crc/crcs55.htm

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For use of the information media; not an official record