Committee on the Rights of the Child to hold fifty-eighth session in Geneva from 19 September to 7 October 2011

BACKGROUND RELEASE

15 September 2011

Situation of Children’s’ Rights in Iceland, Italy, Panama, the Republic of Korea, the Seychelles, Sweden and Syria to be reviewed

The Committee on the Rights of the Child will meet at the Palais Wilson in Geneva from 19 September to 7 October 2011 to review the promotion and protection of children's rights under the provisions of the Convention on the Rights of the Child in Iceland, Italy, Panama, the Republic of Korea, the Seychelles and Syria. The Committee will also consider the situation in Sweden 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.

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, making it 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 reports on national efforts to give effect to children's rights.

At the Committee's fifty-eighth session, Iceland, Italy, Panama, the Republic of Korea and Syria will present their combined third and fourth periodic reports; and the delegation from the Seychelles will present that country’s combined second through fourth periodic report. The delegation from Sweden will present that country’s initial report under the Optional Protocol on the sale of children.

At its opening meeting, the Committee will adopt its program of work 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. The Committee will also pursue the elaboration of general comments based on the various principles and provisions of the Convention, and specifically on three articles, one related to the principle of the best interests of the child, one on the right to health and one on the right to play. The Committee will also continue its discussion on a joint general comment with the Committee on the Elimination of Discrimination against Women on harmful practices. The Committee decided at its fifty-fifth session that the theme for the day of general discussion to be held in 2011 would be “Children of Incarcerated Parents”; the day of general discussion will be held on 30 September 2011 at the Palais des Nations. Documentation and information related to the day of general discussion is available on the Committee’s website at http://www2.ohchr.org/english/bodies/crc/discussion2011.htm.

Other matters relating to the work of the Committee will be discussed as may be necessary.

All of the States parties presenting reports under the Convention during this session have previously come before the Committee, which subsequently issued concluding observations on them. The Committee considered the second periodic report of Iceland on 28 January 2003 and published concluding observations on 31 January 2003 CRC/C/15/Add.203. The Committee reviewed the second periodic report of Italy on 16 January 2003, and issued concluding observations on 31 January 2003 in document CRC/C/15/Add.198. Panama presented its second periodic report to the Committee on 19 May 2004 and concluding observations were published in document CRC/C/15/Add.233 on 4 June 2004. The Republic of Korea presented its second periodic report on 15 January 2003 and the Committee issued its concluding observations on 31 January 2003 in document CRC/C/15/Add.197. The Committee considered the initial report of the Seychelles on 23 September 2002 and issued concluding observations on 4 October 2002 in document CRC/C/15/Add.189. The second periodic report of Syria was considered on 3 June 2003 and concluding observations were presented on 6 June 2003 in document CRC/C/15/Add.212. The concluding observations and other documents from previous sessions can be accessed via the Committee’s webpage at: http://www2.ohchr.org/english/bodies/crc/sessions.htm.

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, 142 countries have ratified the Optional Protocol on the involvement of children in armed conflict; and 145 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 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); Aseil Al-Shehail (Saudi Arabia); Jorge Cardona Llorens (Spain); Bernard Gastaud (Monaco); Peter Guran (Slovakia); Maria Herczog (Hungary); Sanphasit Koompraphant (Thailand); Hatem Kotrane (Tunisia); Yanghee Lee (Republic of Korea); Gehad Madi (Egypt); Marta Mauras Perez (Chile); Pilar Nores de Garcia (Peru); Awich Pollar (Uganda); Kirsten Sandberg (Norway); Kamla Devi Varmah (Mauritius); Hiranthi Wijemanne (Sri Lanka); and Jean Zermatten (Switzerland). On 30 May 2011, the Committee elected a new Bureau. The new Chairperson is Jean Zermatten. Hatem Kotrane, Yanghee Lee, Marta Mauras Perez and Kamla Devi Varmah are the new Vice-Chairpersons and Agnes Akosua Aidoo is the new 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, 19 September

10 a.m. Opening / Adoption of agenda / Submission of reports / Organization of work

3 p.m. Closed meeting

Tuesday, 20 September

10 a.m. Italy: combined third and fourth periodic reports for CRC (CRC/C/ITA/3-4)

3 p.m. Italy (continued)

Wednesday, 21 September

10 a.m. Republic of Korea: combined third and fourth periodic reports for CRC (CRC/C/KOR/3-4)

3 p.m. Republic of Korea (continued)

Thursday, 22 September

10 a.m. Syria: combined third and fourth periodic reports for CRC (CRC/C/SYR/3-4)

3 p.m. Syria (continued)

Friday, 23 September

10 a.m. Iceland: combined third and fourth periodic reports for CRC (CRC/C/ISL/3-4)

3 p.m. Iceland (continued)

Monday, 26 September

10 a.m. Panama: combined third and fourth periodic reports for CRC (CRC/C/PAN/3-4)

3 p.m. Panama (continued)

Tuesday, 27 September

10 a.m. Closed meeting

3 p.m. Closed meeting

Wednesday, 28 September

10 a.m. Seychelles: combined second through fourth periodic reports for CRC
(CRC/C/SYC/2-4)

3 p.m. Seychelles (continued)

Thursday, 29 September

10 a.m. Closed meeting
3 p.m. Closed meeting

Friday, 30 September

10 a.m. Day of General Discussion: Children of Incarcerated Parents

3 p.m. Day of General Discussion: Children of Incarcerated Parents

Monday, 3 October

10 a.m. Closed meeting

3 p.m. Sweden: initial report for OPSC (CRC/C/OPSC/SWE/1)

Friday, 7 October

10 a.m. Closed meeting

12 a.m. Public closing of the session

More information, including links to documentation for the fifty-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/crcs58.htm

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For use of the information media; not an official record