Council concludes interactive dialogue with Experts on violence against children and on the sale of children

MORNING

9 March 2011

The Human Rights Council this morning concluded a clustered interactive dialogue with Marta Santos Pais, Special Representative of the Secretary-General on violence against children, and Najat Maalla M’Jid, Special Rapporteur on the sale of children, child prostitution and child pornography.

In concluding remarks, Ms. Santos Pais said that there were several important areas, firstly the political commitment by Member States and regional organizations to identify and monitor progress on violence against children was essential. Secondly, the Special Representative paid tribute to those countries, such as members of the League of Arab States, the Latin American Group and the European Union who had engaged in studies and mapping to support the global survey. Thirdly, Ms. Santos Pais noted that there should be a change in the mind set that violence against children was an acceptable form of discipline and data should help as authorities should know the impact and long lasting effects of violence against children. The role of the Human Rights Council on following up on the joint report should include further research but the recommendations should be used by Member States in the Universal Periodic Review Process.

Ms. Maalla M’Jid, in concluding remarks, said there was a need for a common understanding of accessibility of mechanisms mentioned in the joint report, and they must be known to the children. Concerning integrated strategies for protecting children in terms of locally available protection systems, the Special Rapporteur said that this strategy meant that families, doctors and communities needed to be part of this system and they needed to understand the needs of children and be able to empower children to protect themselves. The ultimate goal was to have all those mechanisms providing information about changes in contexts and situations. Even very young children could make use of those mechanisms, as long as teams were trained in interviewing very young children on instances of violence.

Speaking in the interactive dialogue on violence against children and on the sale of children and child prostitution were Malaysia, Australia, Kuwait, Norway, Burkina Faso, Mexico, and the Republic of Korea.

The following non-governmental organizations also took the floor: International Movement ATC Fourth World, Defence for Children International, World Organization Against Torture, Human Rights Advocates, Inc., Verein Sudwind Entwicklungspolitik, and United Network of Young Peacebuilders.

The Council today is holding its annual full-day meeting on the rights of the child from 10 a.m. to 6 p.m.

Interactive Dialogue on Violence against Children and on the Sale of Children, Child Prostitution and Child Pornography

RADZIAL ALWI MOHAMED (Malaysia) reaffirmed the importance of the work of both mandates. With regard to the joint report, Malaysia reiterated the importance of putting in place effective monitoring mechanisms. The responsibility of the protection of children lay on the States as well as on the parents. In an effort to promote children’s rights the Government of Malaysia had implemented measures including a child line established in November 2010; the implementation of mandatory reporting procedures by child care assistants; and working with other parents and other stakeholders for the protection of the children. While fully supporting the participation of children, Malaysia highlighted the issue of capacity constraints, particularly for children living in rural areas. Concerning the report of the Special Rapporteur, Malaysia remained active in making efforts within the existing legislation. On the report of the Special Representative of the Secretary-General, Malaysia prioritized the issue of the protection of children within their justice system. In 2009 the country carried out a study, in collaboration with UNICEF, for the juvenile justice system and obtained information on the services available to promote juvenile rehabilitation and prevent offences.

SALLY DAWKINS (Australia) said Australia welcomed the reports of the Special Representative and the Special Rapporteur and it strongly supported the Convention on the Rights of the Child and its Optional Protocols. Australia remained committed to the protection of all children from rights violations and encouraged all nations to intensify their efforts in this area. The Government of Australia worked with civil society and other stakeholders to develop the National Framework for Protecting Australian Children and one of the priorities of the framework was to improve responses to child abuse and sexual exploitation. Australia would like to learn from the experts the most effective measures other nations had applied in this area and the best practices at an international and intra state coordination level between law enforcement agencies to combat child exploitation.

FAJER ADEL AL-BUIJAN (Kuwait) said that the attention given to the rights of children by the Government of Kuwait emanated from the Constitution and its international obligations in this respect. Kuwait had always been committed to combating abuse and exploitation and the State had established the Higher Commission for Family Affairs to ensure greater ties between families and a better protective environment for children. Children in many areas of the world still suffered from poverty and armed conflict, as well a sexual abuse and HIV/AIDS. Kuwait called on the international community to focus its resources and energy on the application of the Convention on the Rights of the Child and its Optional Protocols, both in letter and spirit, to ensure a secure present and a secure future for children. Kuwait fully supported the campaign launched by the United Nations for the full ratification of the Convention on the Rights of the Child and its Optional Protocols.

HELGA FASTRUP ERVIK (Norway) thanked the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Representative on violence against children and welcomed the joint report on the counselling mechanisms through which children could report cases of violence. All Governments were encouraged to take due note of the recommendations contained in the report. The report noted some improvement made in children’s protection, however, violence against children persisted and more efforts had to be made. The report also noted that particular attention needed to be paid to particularly vulnerable children. For these children social protection measures were essential for their safeguards, including possible increased cooperation with non-governmental organizations. Turning to the report by the Special Representative of the Secretary-General, the annual report confirmed that achievements had been made at both national and regional levels and these were promising developments. The Special Representative indicated that she intended to activate a global service for the protection of children and these measures could help to identity gaps in legislation.

CLARISSE MERINDOL QUOBA (Burkina Faso) said Burkina Faso welcomed the interactive dialogue with the mandate holders on the sale of children and on violence against children. The human rights of vulnerable people, especially children, deserved ongoing and particular attention by the Human Rights Council and should include an exchange of best practices. Burkina Faso had developed a number of awareness building activities and in 2004, it had signed the Protocol Agreement with Mali to ban trans-border trafficking of children to step up the fight against domestic and trans-boundary child trafficking. Female genital mutilation was now subject to jail terms and people who committed aggravated rape against children could be sentenced to between 5 and 20 years. There existed increased support by the population to combat child violence due to awareness campaigns and evidenced by an increased number of denunciations. Violence against children was due to extreme poverty and lack of schooling and therefore it was essential to implement various multilateral agreements to ensure the effective implementation of penalties for those who violated the rights of children.

GISELE FERNANDEZ (Mexico) said that the Government of Mexico gave the highest priority to the protection of the rights of children and believed that violence against children could be prevented as long as the status of children as rights holders was recognised. Mexico had undertaken measures to prevent violence against children, including the law on recognition of rights for boys and girls, which had as guiding principles the right to a life free of violence. The Government asked the Special Rapporteur about the methodology suggested for combating the crimes of violence and sexual exploitation.

LEE JAE-WAN (Republic of Korea) said the Republic of Korea thanked the Special Representative of the Secretary-General on violence against children and the Special Rapporteur on the sale of children, child prostitution and child pornography, for their dedication in carrying out their mandates. They were pleased to note that a wide range of accomplishments had been made, namely the establishment of a comprehensive strategy for the protection of children and the building of a consolidated data system. The Republic of Korea believed these concrete measures were especially noteworthy but noted that their country still faced challenges in the protection of children. However, they were ready to conduct a global survey to check the application of the recommendations of the United Nations studies on the violence against children and in improving the administration of justice. Moreover, they captured in the report that education was a vital element to prevent violence against children and they would join other countries in working with education programmes.

JANET NELSON, of International Movement ATD Fourth World, said when children grew up in extreme poverty they were subjected to bullying, humiliation and discrimination. Violence against children in its many forms constituted an important obstacle to all of the Millennium Development Goals and this mandate had an important contribution to make identifying measures to effectively accelerate progress towards these goals. International Movement ATD Fourth World underlined the need to avoid creating an adversarial relationship between families and child protection authorities, especially for vulnerable groups such as families living in extreme poverty and it was important for strategies to combat sexual violence to include, where possible, reconciliation and restorative justice. International Movement ATD Fourth World looked forward to working in the two areas of identifying good practices and factors of success, and of giving special emphasis to violence in education and justice-related institutions.

DANIELA DE SASHOA, of Defence for Children International, said that of all forms of violence Palestinian children were subjected to, the prosecution and ill-treatment of Palestinian child prisoners in Israeli military prisons were of a particular concern. Each year around 700 children were arrested, interrogated and prosecuted in the Israeli military court system. Children as young as 12 were prosecuted and treated as adults upon attaining the age of 16 years. Reports of mistreatment, sometimes amounting to torture, were widespread. Common interrogation practices included beating, kicking, verbal abuse and threats, among others. The Defence for Children International encouraged the Special Representative of the Secretary-General on violence against children to pay particular attention to the situation facing Palestinian child detainees and recommended that all interrogation of children in the Israeli military courts be audio-visually recorded and that no child should be interrogated in the absence of a family member and a lawyer of choice.

CECILE GRASSO TRAHU, of World Organization against Torture, in a joint statement with Defence for Children International and International Catholic Child Bureau, said the World Organization Against Torture remained concerned over the high occurrence of torture and cruel, inhuman and degrading treatment of children, especially during the phases of arrest, police custody and pre-trial detention. They were also concerned over the conditions of detention for children amounting to forms of cruel, inhuman or degrading treatment and sometimes torture. The World Organization Against Torture recalled that children were particularly vulnerable to violence and ill-treatment as they were in the critical stages of development and special measures were required to prevent any form of ill treatment. In this perspective, they asked the Special Representative how she intended to follow-up on the issue of violence against children in the administration of justice and what she would consider key elements of an effective protection of children in conflict with the law from violence.

HILLARY AMSTER, of Human Rights Advocates, said Human Rights Advocates was concerned about the more than 3 million children around the world deprived of liberty and subject to violence, including those in group homes, residential treatment, training schools, orphanages, mental health institutions, drug treatment facilities, centres for immigrant children in deportation proceedings, refugees seeking asylum, detention centres and prisons. One example of abuse was seen in a recent report by the Irish Government that documented systematic abuse against children in numerous Catholic institutions in Ireland. The best way to prevent violence against children was to use institutions only as a last resort and for the shortest possible time. Countries such as Australia and Belgium had created independent, well-funded and child friendly monitoring, complaint and investigation mechanisms such as a child’s rights ombudsman. Had the Special Representative considered such measures in her efforts to eliminate violence against children?

SHOLEH YAMINI, of Verein Sudwind Entwicklungspolitik, asked the Special Representative of the Secretary-General to continue her efforts to work with all States towards the repeal of capital punishment for children under 18 years of age and further to monitor and eventually repeal extended imprisonment that functionally acted as the death row for eventual capital punishment once the child reached 18 years of age. The establishment of independent national human rights institutions for children was essential, and this included child-friendly juvenile justice mechanisms and easily accessible advocacy and complaint procedures. Some countries still had not established effective protection against female genital mutilation. Vrein Sudwind Entwicklungspolitik was concerned that globally less than five per cent of children enjoyed full legal protection from all forms of violence.

OLIVER RIZZI CARLSON, of United Network of Young Peacebuilders, said that physical and emotional violence against children was often unaddressed and the establishment of mechanisms of provide redress after violence was important. Last year marked the end of the decade for a culture of peace and the importance of an education of a culture of peace had been underlined by many organizations all around the world. Children should be able to communicate their needs and be able to avoid the feel of fear and isolation. This empowerment was important for the transformation of violence against children and was possible through a peace education. It was often through the lack of education that adults became vehicles of violence to their children.

Concluding Remarks

MARTA SANTOS PIAS, Special Representative of the Secretary-General on Violence Against Children, in closing remarks, said there were several important areas, firstly the political commitment by Member States and regional organizations to identify and monitor progress on violence against children was essential. The challenge now was to make policies known to the wider population. One question from the delegate of Morocco concerned what delegates and the international community should do, and the Special Representative said that those States who had ratified the Optional Protocols should share the challenges encountered in changing legislation and mind sets with Member States who had not yet adopted these instruments. Secondly, the Special Representative paid tribute to those countries, members of the League of Arab States, the Latin American Group and the European Union, who have engaged in studies and mapping to support the global survey. Thirdly, there should be a change in the mind set that violence against children was an acceptable form of discipline and data should help as authorities should know the impact and long lasting effects of violence against children. This Friday there would be a side event to discuss these issues further.

Egypt asked where further work should be done and the Special Representative emphasized that education was a critical area as children spent most of their time in schools where violence was pervasive and hidden and that teachers should be trained better and codes of conduct developed to prevent violence. Austria asked how to better gather data about the juvenile justice system, and the first step was to know how many children were deprived of liberty so that the follow-up planning of resources could be deployed. The role of international cooperation, within and across regions, to exchange information and support was essential. The African Group asked specifically what they could do and encouraged the Group to follow-up on the important thematic debate of last year with an African Report. The Special Representative thanked Thailand’s question and stressed that child protection systems were essential and must be part of an overall component so that children would trust the system. The role of the Human Rights Council on following up on the joint report should include further research and the recommendations should be used by Member States in the Universal Periodic Review Process. The Optional Protocol should not be seen as a replacement for national mechanisms, it was a critical complement. Help lines and use of new technologies, such as attractive web sites and an SMS system should facilitate children’s access to these mechanisms. Surveys from children demonstrated over and over that children were unaware of the mechanisms to help them and felt they were not trusted or understood; she emphasized the role of the school in providing support mechanisms.

NAJAT MAALA M’JID, Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, in her concluding observations, said she was pleased to hear from countries that she had visited that some of the recommendations had been taken into account and some of them were even being implemented. There was a need for a common understanding of accessibility of mechanisms mentioned in the joint report, and they must be known to the children. Concerning access for the most vulnerable children, such as children in armed conflict, street children, refugee children and others, the Special Rapporteur agreed with comments by the delegations that new information and communication technologies must be harnessed. Effective recourse mechanisms which reacted quickly and protected children depended on the quality of human resources and on the policy framework and legislation that must be in line with international standards. Complaint mechanisms must not be isolated and must be part of local protection mechanisms, said the Special Rapporteur, and they must be subject to regular evaluations. The ultimate goal was to have all those mechanisms providing information about changes in contexts and situations. Even very young children could make use of those mechanisms, as long as teams were trained in interviewing very young children on instances of violence.

Concerning integrated strategies for protecting children in terms of locally available protection systems, the Special Rapporteur said that this strategy meant that families, doctors, and the community needed to be part of this system, they needed to understand the needs of children and to be able to empower children to protect themselves. Turning to questions concerning child ombudsmen, the Special Rapporteur said the most important issue was the quality and responsiveness of whatever mechanism was in place. On regional and international cooperation, given the transnational dimension of violence against children, financial assistance was important, but even more important was regional cooperation, harmonisation of legislation and cooperation on information exchange. It was the only way to protect children effectively. On the role of the Human Rights Council in the protection of children against violence, the Special Rapporteur said its role was paramount in providing links between different child-protection mechanisms and institutions, in distilling lessons learnt and in providing best practices.

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For use of the information media; not an official record