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新闻稿 人权理事会

理事会与暴力侵害儿童问题专家和儿童与武装冲突问题专家举行互动对话(部分翻译)

人权理事会举行关于暴力侵害儿童和关于儿童与武装冲突的互动对话

2016年3月8日

上午/中午

结束其关于外债问题和关于食物权问题的互动对话,听取纪念国际妇女节的讲话

日内瓦(2016年3月8日)——人权理事会今天与负责暴力侵害儿童问题的秘书长特别代表玛尔塔·桑托斯·派斯(Marta Santos Pais)和负责儿童与武装冲突问题的秘书长特别代表利拉·泽鲁居伊(Leila Zerrougui)举行了集体互动对话。理事会还结束了与外债与人权问题独立专家胡安·巴勃罗·波霍斯拉夫斯基(Juan Pablo Bohoslavsky)和食物权问题特别报告员希拉尔·埃尔弗(Hilal Elver)的集体互动对话。

理事会主席凯特·吉尔摩(Kate Gilmore)、联合国人权事务副高级专员和代表116个国家发言的加拿大在纪念国际妇女节的发言中强调了性别平等和为了实现可持续发展议程消除暴力侵害妇女行为的重要性。

桑托斯·派斯女士对2030年可持续发展议程包括终结所有侵害儿童的暴力形式的明确子目标表示欢迎。这正是解决这类暴力根源的时候。2014年,超过十亿的2至17岁儿童遭受了暴力,这削弱了社会进步的根基。数以千计无人陪伴和失散的儿童到达欧洲寻求庇护,他们需要特别的保护措施。她提到了网络欺凌的问题,这可能对儿童造成深刻的伤害。

泽鲁居伊女士提请注意叙利亚、伊拉克、也门、巴勒斯坦、以色列、尼日利亚、苏丹南部和阿富汗武装冲突中仍延续着的儿童困境。那些冲突导致儿童伤亡和被雇用人数不断增加,难民和境内流离失所者中几乎有一半为儿童。不应该基于国家安全或甚至只是因为民意而丢弃来源国、过境国和目的国的义务。对武装团体犯下的不符合国际法的极端暴力的应对方式可能对平民造成进一步的伤害。重点要放在教育权。

在随后的对话中,发言人对2030年可持续发展议程中包含消除所有侵害儿童的暴力形式的具体子目标表示欢迎。他们强调了通过立法措施与合作落实该议程的重要性。虽然有重大进展,但儿童的人权仍受到系统性威胁。暴力,线上线下的性暴力,体罚,经济和难民危机的影响以及不适合的司法系统只是需要克服的一部分障碍。发言人承认信息和通讯技术为儿童提供了新的机会,但指出它们也构成了骚扰和虐待的严重威胁,包括网络欺凌。私营部门应在防止这类线上暴力侵害儿童问题上发挥重要的作用。

谈到儿童和武装冲突的状况时,发言人指出,武装冲突和被占领领土上的儿童面临着严重的威胁。他们谴责极端主义团体雇佣儿童并坚持称有必要将这些儿童视为受害者而非肇事者,让其康复。发言人强调了冲突状况下教育权的重要性以及武装冲突状况下袭击对学校、教师和学生的深远负面影响。他们一致认为有必要通过教育防止极端主义团体雇佣儿童并询问私营部门在这一方面可以做些什么。

发言的有代表葡萄牙语国家共同体的巴西,欧盟,代表伊斯兰合作组织的巴基斯坦,代表阿拉伯集团的科威特,代表拉丁美洲和加勒比国家集团的多明尼加共和国,也代表奥地利和斯洛文尼亚的克罗地亚,代表非洲集团的南非,比利时,格鲁吉亚,韩国,法国,纳米比亚,萨尔瓦多,美国,爱沙尼亚,俄罗斯联邦,卡塔尔,瑞士,挪威,葡萄牙,以色列,欧洲理事会,突尼斯,意大利,叙利亚,科特迪瓦,中国,伊朗,澳大利亚,马来西亚,利比亚,苏丹,马耳他骑士团,保加利亚,巴西,玻利维亚,埃及,安哥拉,巴拿马,南非,越南,新西兰,西班牙,泰国,厄瓜多尔,巴基斯坦,博茨瓦纳,阿尔及利亚,哥伦比亚,马尔代夫,巴拉圭,委内瑞拉,古巴,尼日利亚,德国,阿富汗,列支敦士登,印度尼西亚,卢森堡,马拉维,巴勒斯坦,吉尔吉斯斯坦,贝宁,伊拉克,摩洛哥,赞比亚,阿塞拜疆,墨西哥,红十字国际委员会和联合国儿童基金会。

以下非政府组织也进行了发言:保护儿童国际(Defense for Children International),哥伦比亚法学家委员会(Colombian Commission of Jurists),国际信息管理学会(Istituto Internazionale Maria Ausiliatrice),保护恐怖主义受害者协会(Association for Defending Victims of Terrorism),维护暴力受害者组织(Organization for Defending Victims of Violence),儿童基金会(Child Foundation),国际人道与伦理联合会(International Humanist and Ethical Union),国际天主教儿童局(International Catholic Child Bureau),伊拉克发展组织(Iraqi Development Organization),解放组织(Liberation),希亚姆酷刑受害者康复中心(Khiam Rehabilitation Centre for Victims of Torture),权利与发展全球网络(Global Network for Rights and Development),伊玛目阿里大众学生救济协会(Imam Ali’s Popular Students Relief Society),胡维基金会(Al-Khoel Foundation)和国际Miraisme协会(Association Miraisme nternational)。

今天上午早些时候,理事会结束了与国家的外债和其他有关国际金融义务对充分享有所有人权尤其是经济、社会和文化权利的影响问题独立专家胡安·巴勃罗·波霍斯拉夫斯基(Juan Pablo Bohoslavsky)和食物权问题特别报告员希拉尔·埃尔弗(Hilal Elver)的集体互动对话。 他们于3月7日中午向理事会提交了报告和意见摘要,与他们的第一部分对话内容可在此查看。

在互动对话中,发言人对武装冲突是获得食物的主要障碍之一这一事实表示关切。他们补充称,经济不平等导致了全球南半球公民的严重困难,南半球受到了金融危机的负面影响,随后是埃博拉危机。发言人对妇女的食物权遭到侵犯表示关切,特别是在气候变化背景下,他们谴责了暴力侵害开展土地相关问题方面工作的妇女人权维护者的行为。他们指出,主要金融机构的不民主本质导致了不平等。

波霍斯拉夫斯基先生在总结发言中表示,发展权对从人权角度来看何种程度的不平等水平可以被视为可接受构成了限制。对税收政策和税收改革进行人权影响评估的想法值得探索和发展。生硬地解读必须尊重合同的原则与合法性和国际人权法标准不一致。

埃尔弗女士表示,食物权不只关乎缔约国的主权,所有种类的金融机构都应该尊重缔约国对其公民的经济和社会责任。发展援助项目对食物权很重要,但要尊重政府的社会和经济政策。试图利用粮食系统来帮助其战争机器的战斗力量犯下了危害人类罪。

利比亚和塞拉利昂在互动对话中发言。

发言的还有理解寺(Temple of Understanding),第一信息和行动网(Foodfirst Information and Action Network),人权倡导者(Human Rights Advocates),国际穆斯林妇女联盟(International Muslim Women’s Union),国际法学家委员会(International Commission of Jurists),国际律师组织(International-Lawyers.Org),亚洲法律资源中心(Asian Legal Aid Resource Centre),北极村(Villages Unis),与对话独立研究与倡议中心(Independent Research and Initiative Centre for Dialogue)共同发表联合声明的人权观察和阿拉伯人权委员会(Arab Commission for Human Rights),国际青年和学生拥护联合国运动(International Youth and Student Movement for the United Nations),马利基和平与发展基金会(Maarij Foundation for Peace and Development),非洲国际联盟(Espace Afrique International),解放组织(Liberation),人权与和平倡导中心(Centre for Human Rights and Peace Advocacy)和全球巴鲁阿组织(World Barua Organization)。

理事会在今天举行全天会议。下午2点30分,委员会将与酷刑和其他残忍、不人道或有辱人格待遇或处罚问题特别报告员和买卖儿童、儿童卖淫和儿童色情制品问题特别报告员举行集体互动对话。

与外债问题独立专家和食物权问题特别报告员的互动对话

利比亚对武装冲突成为影响食物获取的一大主要障碍这一事实深表担忧,并呼吁国际社会承担起责任,对利比亚包括基本食物需求在内的人道主义需求作出响应。塞拉利昂表示有关食物权的数据十分惊人,并补充道经济不平等的影响已导致南方国家公民遭受沉重的苦难,而他们此前已先后经历了金融危机和埃博拉病毒的重大影响。

理解寺(Temple of Understanding)代表多个非政府机构响应了在农业和其他采掘业中父系社会结构和措施转型,这些行业中妇女和女童的食物权尤其容易遭到剥夺。

粮食第一信息和行动网(Foodfirst Information and Action Network)表示关切称,一些从事食物与营养权、土地权和其他相关权利工作以及抵抗环境破坏的妇女人权维护者受到定罪,并补充道伦卡土著领袖贝尔塔卡•塞雷斯(Berta Cáceres)遭到暗杀令人深感不安。人权倡导者协会(Human Rights Advocates)呼吁关注原住地资源由于《联合国气候变化框架公约》制定的项目而恶化的问题,并询问讨论组,食物权是否应包含解决土地保有的不确定性以及就缓和不利的环境影响建立机制的职责。国际穆斯林妇女联盟(International Muslim Women’s Union)对冲突地区和包括印占查谟和克什米尔在内的被占领土中妇女面对区域内持续冲突导致的镇压和歧视表示遗憾。

国际法学家委员会(International Commission of Jurists)表示,立法不充分和缺少国际税务合作与框架助长了逃税和避税等形式的商业不当行为。委员会询问食物权问题特别报告员,人权理事会要求采取何种行动以解决有关妇女食物获取的问题。国际律师协会(International-Lawyers.org)表示主要金融机构的非民主本质助长了有关外债的不平等现象。联合国机构将采取何种行动以更好地保障气候变化背景下的妇女食物权? 亚洲法律资源中心(Asian Legal Resource Centre)表示,由于公共和司法机构的功能失调和腐败,特别报告员关于支持更多妇女进入劳动力市场政策的建议未能正确执行。联合村庄(Villages Unis)呼吁作出包括农业政策的深层改革在内的适当紧急响应以解决营养不良问题,并表示掠夺土地的行为损害了当地人口的食物权和重要利益。阿拉伯人权委员会(Arab Commission for Human Rights)在与对话独立研究与举措中心(Independent Research and Initiative Centre for Dialogue)的联合声明中询问,应采取何种措施规范秃鹫基金和确保生活在巴勒斯坦被占领土人民的食物权。国际青年和学生拥护联合国运动(International Youth and Student Movement for the United Nations)对特别报告员未能发挥全力分析目前与欧盟的渔业和贸易协议是如何将西撒哈拉的当地渔民置于贫困处境中而表示遗憾。

马利基和平与发展基金会(Maarij Foundation for Peace and Development)提到贷款和资助条件已迫使许多非洲国家陷入持续的债务周期中。从前的殖民者和国际机构无视《千年宣言》,迫使非洲国家政府限制了包括经济、社会及文化权利在内的多项人权。非洲空间国际(Espace Afrique International)强调了食物权中的性别层面。在许多南方国家,不平等现象吞噬着妇女为食物生产付出的贡献。因此,消除性别不平等将会令各方得益。解放组织(Liberation)提醒道,每年有超过六百万儿童死于营养不良或其他相关疾病。印度近期引入的《国家粮食安全法案》(National Food Security Bill)可能导致食品供应方面持续的市场失灵,因此儿童营养不良状况在短时间内不太可能改变。人权与和平倡导中心(Centre for Human Rights and Peace Advocacy)提醒道,各国曾承诺在2015年前将饥饿人口数量减半。然而,印度的营养不良人口数量仍然高于其他国家,42.5%的五岁以下儿童体重不足。全球巴鲁阿组织(World Barua Organization)提到,许多国家都面临着食物供应不足的问题。例如,印度的高消费价格以及有限的食物数量和质量造成了供应链的低效,对达利特人造成了尤为深重的影响。

外债问题独立专家和食物权问题特别报告员就食物权问题的总结发言

国家的外债和其他有关国际金融义务对充分享有所有人权尤其是经济、社会和文化权利的影响问题独立专家胡安•巴勃罗•波霍斯拉夫斯基(Juan Pablo Bohoslavsky)表示,他对从人权层面规划希腊相关问题的努力保持开放态度,并补充道由于欧盟是希腊问题的重要利益攸关方,他将对布鲁塞尔进行访问。发展权问题限制了从人权角度来看是可以接受的不平等水平。孟加拉国就可持续发展目标和不平等现象是如何与债务负担联系在一起的提出问题。他说,主要争论在于,如果各国减少不平等现象,那么金融危机也将缓和,如果金融危机得到缓和,那么不平等现象也将减少。他建议国际社会应在传统的技术分析中加入一个基本变量,即在人权层面可容忍的不平等程度。有关税务政策和改革的人权影响评估这一想法是值得探索并发展的。阿拉伯人权委员会提出了人权在争端中是否高于一切这一根本问题。死板地解读合约必须尊重的原则并不符合合法性原则和国际人权法标准。

食物权问题特别报告员希拉尔•埃尔弗(Hilal Elver)表示,食物权问题不仅有关国家主权,也关乎各种金融机构应当尊重国家对公民的经济和社会责任。关于《2030年议程》问题,国际社会将如何从性别视角出发处理这17条原则显得尤为重要。埃尔弗女士表示她在报告中提出了一些有关如何有效促进两性平等的建议。卢森堡提出的问题提到了发展援助项目,还有埃尔弗女士的授权是如何与粮食及农业组织(Food and Agriculture Organization)和国际劳工组织(International Labour Organization)配合的,对此她表示发展援助项目对食物权来说至关重要。项目不应与政府的良好政策背道而驰,而应尊重各国政府的社会和经济政策。针对布基纳法索提出的规范是否足以移除障碍的问题,她给出了否定的答案,并表示这就是国际社会存在诸多性别平等规则的原因所在。妇女在很多领域都无法享受和男子一样的平等,尤其是在农业领域。关于在武装冲突情况下的食物权问题,她表示妇女和儿童正在遭受苦难,企图利用粮食系统为战争机器助力的战斗势力正在犯下危害人类罪。

文件

理事会面前有负责暴力侵害儿童问题的秘书长特别代表的年度报告(A/HRC/31/20)。

理事会面前有负责儿童与武装冲突问题的秘书长特别代表的年度报告(A/HRC/31/19)。

由负责暴力侵害儿童问题的秘书长特别代表以及负责儿童与武装冲突问题的秘书长特别代表呈交报告

MARTA SANTOS PAIS, Special Representative of the Secretary-General on violence against children, presenting her annual report to the Council, said that the 2030 Sustainable Development Agenda recognized as a priority the dignity of children and their right to live free from fear and violence, and included clear targets to end all forms of violence against children. It was time to close the gap between the commitments and the actions needed to translate this goal into a reality for all children. It was high time to address the root causes of such violence and to adopt zero tolerance policies. A new initiative, the High Time to End Violence against Children, would be launched on 9 March to galvanize political will and mobilize social support for children’s protection from violence. Realizing the vision of the 2030 Agenda could help build a world as big as children’s dreams. She welcomed the adoption of a National Development Plan by Indonesia which identified children’s protection as a priority, and the adoption of similar agendas in the Dominican Republic, Ecuador, Ghana and Norway. She commended Nigeria for launching a national survey on violence against children, which was a remarkable example of how research could bring to light the hidden scale of violence against children. She noted that Ireland, Lao People’s Democratic Republic, Mongolia, Peru and China had recently adopted legislation for the protection of children from violence.

Challenges remained, however. Recent research had shown that in 2014, over one billion children aged 2 to 17 were exposed to violence, which represented more than half of the world’s children. Besides the impact on victims, violence against children weakened the very foundation of social progress, generating huge costs for society and eroding nations’ human and social capital. As the world was facing the largest refugee crisis since World War II, thousands of unaccompanied and separated children had reached Europe seeking refuge. These children faced turmoil and distress at every step of the way, with constant risks of exploitation and abuse. They needed special protection measures, and had to be placed in a friendly and appropriate environment where care and protection could be effectively secured while their status was resolved. Continuing, she referred to the challenges and benefits of information and communications technologies, and raised specific concerns regarding the issue of cyberbullying, which could cause profound harm to children. Children needed to be at the heart of efforts to combat this phenomenon. Legislation preventing cyberbullying, protecting the victims, combatting impunity and ensuring effective remedies was another crucial tool. The world must work towards ending violence against children now even as it dealt with other pressing emergencies.

LEILA ZERROUGUI, Special Representative of the Secretary-General for children and armed conflict, drew attention to the continuation of the plight of children in armed conflict, due to the continuation of the conflicts and fighting in Syria, Iraq, Yemen, Palestine, Israel, Nigeria and the neighbouring countries, South Sudan, and Afghanistan. Those conflicts had led to an increasing number of child casualties and recruitment, and of refugees and internally displaced persons, almost half of whom were children. It was the responsibility of the United Nations to remind States of their obligations to protect children displaced by conflict. There was a prevalence of extreme violence perpetrated by armed groups which had committed unspeakable atrocities against children. Whilst recognizing the challenges that States faced in addressing the threats posed by such armed groups, responses that did not comply with international law risked inflicting further harm on civilians and aiding the very groups that governments sought to combat. Holistic approaches were the only way to sustainably address the challenge. Education was a key factor in countering extremist discourses. That right was compromised for millions of children affected by conflict. Ensuring quality education for all was one of the Sustainable Development Goals and thus the international community had to use all opportunities, such as the upcoming World Humanitarian Summit, to ensure that funding for education and healthcare for children affected by armed conflict was not forgotten.

Deprivation of liberty of children on national security charges and without due process was another area affecting thousands of children in today’s conflicts. It was worrisome that children allegedly associated with armed groups were increasingly treated as security threats rather than as victims, particularly in the context of counter-terrorism operations. Ms. Zerrougui urged the Human Rights Council to ensure that the plight of those children was given due attention, particularly in the context of the Universal Periodic Review. Failing to treat children primarily as victims of recruitment would only create legitimate grievances, prevent reintegration and ultimately, could lead to further instability. Accountability was critical to prevent further violations and provide redress to victims. The Council’s special procedures, commissions of inquiry and fact-finding missions were essential tools for accountability. The Council should also support national authorities to pursue accountability. Despite the daunting challenges children had faced over the past year, important progress had been achieved, namely the “Children, Not Soldiers” campaign, that was ongoing with strong support of Member States, regional organizations, United Nations partners and civil society.

Interactive Dialogue on Violence against Children and on Children and Armed Conflict

Brazil, speaking on behalf of the Community of Portuguese-Speaking Countries, asked the Special Representatives which suggestions of good practices they would give, and in which ways the Community could support their important mandates? European Union asked how States could best collaborate with the private sector to put an end to online recruitment of children by extremist groups, and asked Ms. Santos Pais how Governments could make sure that measures aimed at protecting children who faced special risks online did not contribute to further excluding them from the online world? Pakistan, speaking on behalf of the Organization of Islamic Cooperation, asked both Special Representatives for their views on practical measures to be taken by the international community to protect children in occupied territories. Kuwait, speaking on behalf of the Arab Group, said that the Arab Charter and various provisions including article 10 addressed the importance of not using children in armed conflict or in slavery or trafficking. Dominican Republic agreed with the Special Representative on the need for solid data as a basis to measure progress toward the achievement of goals, also taking note of actions against cyberbullying. Croatia, speaking on behalf of a group of countries, asked Ms. Zerrougui how the use of children as spokespersons for terror could be curtailed, and what lessons could be drawn from contemporary cases of the recruitment of children in that role? Ms. Santos Pais was asked how the Council’s Special Procedures could enhance the implementation of target 16.2 and other violence-related targets of the 2030 Agenda?

South Africa, speaking on behalf of the African Group, noted that the complexity, the sensitivity and the often invisible nature of violence against children considerably restricted the impact of the measures taken to eradicate it. That situation induced the imperatives of accelerated national and international action backed by the sharing of best practices in that field. Belgium said that it had been actively mobilising the private sector about the rights of the child. As for children and armed conflict, Belgium shared the Special Representative’s analysis that prevention through education had to be a key component in addressing extreme violence. Georgia noted that areas controlled by non-State actors and terrorist groups, as well as territories under foreign occupation, continued to represent zones of grave risk for children. The occupation of Georgia’s two regions by the Russian Federation prevented the Georgian Government from protecting the rights of the child there. Republic of Korea shared the view of the Special Representative that children, especially those associated with armed groups, should be treated as victims rather than as perpetrators, and accordingly protected against an excessive deprivation of liberty and the risk of being recruited. France underscored the importance of taking into account the young age of children recruited by armed groups. It warned that while information and communications technologies provided new learning opportunities to children, they also posed serious risk of harassment and abuse. Namibia reminded that combatting violence against children was a distinct priority for the 2030 Agenda for Sustainable Development with its specific target of ending all forms of violence against children, and targets on ending abuse, neglect and exploitation of children. El Salvador said that the inclusion of the protection of children from violence as a clear priority of multisector character in the 2030 Agenda for Sustainable Development represented a very important advancement.

United States asked Ms. Santos Pais for recommendations for Member States to protect children with non-traditional sexual orientation and gender identity? Ms. Zerrougui was asked how Member States could work together to promote cross-border coordination on monitoring, reporting and response? Estonia asked Ms. Santos Pais to elaborate on principles to protect children from the coverage of violence in the mass media, and Ms. Zerrougui how international and national human rights organizations could protect the rights of children in a time of armed conflict more efficiently? Russian Federation said that Ms. Zerrougui’s report was only indirectly related to the mandate of the Council, and that meetings between the two should be moved to briefings on the sidelines. The considerations of Ms. Santos Pais on cyberbullying were read with interest. Qatar had enacted national legislation as well as launched a programme which aimed to give children knowledge and skills to use information and communications technologies. Switzerland expressed concern about the situation of children deprived of liberty, and asked the panellists how the facets of the problem of the situation of children displaced because of armed conflict could be looked at. Norway asked what Ms. Zerrougui believed needed to be done to overcome the problem of fragmentation of responsibility within the United Nations which had led to the failure to take seriously the allegations of sexual abuse of children in the Central African Republic?

Portugal welcomed the inclusion in the new Sustainable Development Agenda of a specific target to end all forms of violence against children. It highlighted the importance of the right to education in conflict situations and the far-reaching negative impact of attacks on schools, teachers and students during armed conflicts. Israel warned of the challenges that information and communications technologies posed to children, and to that end Israel had worked to increase public awareness on online child abuse. It voiced concern over the young age of Palestinian terrorists, noting that more than 100,000 children graduated from Hamas’ paramilitary camps in which they trained to become suicide bombers. Council of Europe noted that despite important progress, the human rights of children in Europe were still being systematically threatened. Violence, sexual violence both online and offline, corporal punishment, the effects of the economic and refugee crises, and ill-adapted justice systems were just a few obstacles that needed to be overcome. Tunisia welcomed the inclusion of the protection of children from violence in the 2030 Agenda for Sustainable Development as a political priority for all States. It asked the Special Representative to what extent adult pornography contributed to the demand for paedophile pornography. Italy stated that it was important that children were aware of the risks posed by information and communications technologies, and that parents and teachers were trained and sensitized. As for children and armed conflict, prevention had to be a key component of all response strategies. Syria recalled the importance of prevention to tackle extreme violence, which was based on hate speech that justified the use of children as targets. The credibility of international initiatives to protect children in Syria was compromised by the presence of various armed groups in Syria, financed by certain States. Côte d’Ivoire said that armed conflict continued to create tragedy for children, threatening their right to life, liberty and education. The physical and psychological violence they suffered could not leave anyone indifferent, and Côte d’Ivoire thus called on Member States to dedicate their resources to end the violence against children.

China said that the international community should unite to create a peaceful environment and prevent armed conflict in order to tackle the root causes of children being dragged into armed conflict. Iran said that the international community had witnessed the proliferation of extremist groups which systematically violated the rights of children in Palestine, Syria, Yemen, Iraq, and elsewhere. Australia detailed national achievements on violence against children, and urged those States that had not yet done so to sign and ratify the Optional Protocol on the involvement of children in armed conflict. Malaysia detailed national priorities in the field of child protection, and said that the level of violations of children’s rights in armed conflicts was unprecedented and deplorable, adding that concerted action by the international community was needed. Libya said that Daesh activities were spreading along with other criminal groups, adding that children in Libya had been deprived of education for months for many reasons, and that the degradation of the security situation should be a memento for the international community to provide support. Sudan said that domestically, efforts were ongoing in coordination with the Commission on Disarmament in providing additional services to child combatants, and that family reunification programmes had been expanded to include services to unaccompanied children.

Sovereign Military Order of Malta said that considering the complexity of ensuring the respect for children’s rights to be protected from violence in any kind of situation and the multitude of actors concerned, it was important to adopt a comprehensive view. It underlined the value of restorative justice and the role of faith-based organizations in the reinsertion, education and professional training of children. Bulgaria stated that its national legislation included all relevant rights and protection measures for children. As for the protection against bullying and violence, it had undertaken collaboration with expert groups on protection from domestic violence, training of experts, school psychologists and magistrates. Brazil noted that the 2030 Agenda for Sustainable Development presented a unique opportunity to enhance efforts towards the full realization of the rights of the child. It called attention to approximately 168 million child labourers around the world and the numerous children separated from their families due to conflict, migration or extreme poverty. Bolivia called attention to the root causes of violence which were presented in the global social order, including the consequences of colonialism, neo-colonialism, apartheid and all forms of racism and discrimination. The elimination of violence against children as part of the Sustainable Development Goals could only take place if those factors were taken into account. Egypt noted that the protection of children in armed conflict was the primary responsibility of States. It welcomed the focus of the Special Representative on the strategic priorities of consolidating the legal protection, implementation and mainstreaming. Angola commended the initiatives that had contributed to preventing grave violations of the rights of the child in order to guarantee their rights and reinforce international and regional cooperation, particularly within the United Nations system in the area of the fight against extreme violence, exploitation, trafficking and all forms of violence against children.

Statements Commemorating International Women’s Day

CHOI KYONGLIM, President of the Human Rights Council, said that as the international community celebrated International Women’s Day, he wished to pay tribute to all women who were in the front line of the struggle for human rights in the world. Much had been achieved since the first International Women’s Day had been celebrated in 1911, but many challenges remained ahead.

KATE GILMORE, Deputy United Nations High Commissioner for Human Rights, said that the international community should not forget that International Women’s Day was about discrimination. The underlying purpose of discrimination was to legitimise human rights abuse. No basis for identity-based discrimination was acceptable, as all humans were born equal in dignity and rights. The persistence of discrimination was a sign for the international community to step up, as discrimination exacted a cost it could ill afford. Gender parity opened doors to talents and skills of populations, not just fractions of them. Rights were not a zero-sum game, she said, adding that her own recognition of others’ rights did not diminish her own. Upholding rights for each person was in the interest of all.

Canada, speaking on behalf of 116 countries, said that the Sustainable Development Agenda requested that gender equality be achieved by 2030. Empowerment was about much more than breaking barriers, but about ensuring that girls and boys, women and men had the same opportunities and their voices were heard. Achieving quality education and decent jobs were also part of the empowerment process. Empowering women to participate fully across all sectors of the economy was the key to improving lives for women, men, families and communities. Women should not be token participants, but meaningful contributors and leaders in peace-making and peace-building processes. Many women around the world faced adversity because of their courage and determination and ought to be helped.

Responses by the Special Representatives on Violence against Children and on Children and Armed Conflict

MARTA SANTOS PAIS, Special Representative of the Secretary-General on violence against children, said that many of the topics addressed were complementary. The valuable contribution of Member States to the Sustainable Development Agenda was appreciated. The Human Rights Council had many mechanisms which could be fundamental contributors supporting that high-level political forum on assessing the implementation process. Regional organizations also had an instrumental role to play in that process; for starters, they needed to agree on the importance of combatting violence against children and creating regional fora for monitoring and sharing best practices. The private sector should be kept in the forefront of promoting and protecting children’s rights related to information and communications technology. Children’s rights had been barely on the agenda of the Forum for Business and Human Rights, which should change. There was no single global initiative to discuss the promotion and implementation of the digital agenda addressing the situation of children online. Ms. Santos Pais stressed that children with disabilities or those with different sexual orientation were very often subject to bullying and cyber-bullying, so they needed special protection measures, including protection against stigmatization and ensuring accessible reporting mechanisms.

The promotion of the use of information and communications technologies in a responsible way by children was very important, so that they could use it safely. Schools ought to work jointly with parents and pupils to assess the progress made and the positive impact of measures. Domestic legislation was essential in that regard, and the majority of countries were yet to adopt legislative frameworks on cyber-bullying, stressed Ms. Santos Pais. A study on children deprived of liberty was a matter of urgency, as there was a shared concern about the invisibility and stigmatization of such children. The majority of children deprived of liberty were there because their countries did not have appropriate child-protection systems. Member States were indispensable for documenting best practices, collecting data and helping mobilize support for that initiative. Above all, better data and better evidence was necessary.

LEILA ZERROUGUI, Special Representative of the Secretary-General for children and armed conflict, responding to questions from delegations, noted that States had an obligation to protect children in armed conflict, despite the multiple challenges they faced. The worst scenario was the denial of the responsibly to protect children. A great deal had already been done within the Council in order to address legislative gaps. The Special Representative particularly commended cooperation with the African Group. Addressing cross-border violations of children’s rights, she said there had been many examples that spanned borders due to armed conflicts. It was very difficult within the national framework to respond to such occurrences, such as in the case of the fight against Boko Haram in West Africa. The major challenge for States was to combat the recruitment of children by armed groups. There was a need to ensure that national troops were trained to act appropriately when they encountered children on the battle field, in order to ensure that children did not end up in military barracks. The broader family sector also had to be taken into account when countering violence against children. The Declaration against the Military Use of Schools was extremely important for States affected by conflict. Countries affected by conflict were those with the predominance of children in the population. Occupying a school was a harmful act, and particularly so because it did not bring any military advantage. The consequences were highly dramatic, such as the destruction of school materials and fleeing of teachers. As for the mandate of the Special Representative, Ms. Zerrougui explained that it had not been established by the Security Council but by the General Assembly. It enjoyed the support of the General Assembly to approach the protection of children from violence and military recruitment in a holistic way. As for the propaganda of terrorists and the use of children in online settings, Ms. Zerrougui said that a child used in such a way experienced utter horror. Examples from the Central African Republic had testified to the horrors such children had experienced. Children were treated as objects and bartered for survival. She underlined that children who were recruited by armed groups should always be treated as victims and should be socially reintegrated because they could again experience childhood free from stigma. The international community could not allow armed conflict to be children’s reality.

Interactive Dialogue with the Special Representatives of the Secretary-General on Violence against Children and on Children and Armed Conflict

Panama said that 2016 marked the beginning of the implementation of the Sustainable Development Agenda 2030, and the attention of the Special Rapporteur to cyber-bullying was very timely. Awareness-raising and empowerment of children were needed in that regard. Panama had conducted a number of safe schools and say-no-to-bullying programmes. South Africa stated that children were the most vulnerable and susceptible to misfortunes in the difficult times of terrorism and human trafficking. Each State should set up its own measures aimed at protecting its children to grow up free from violence and exploitation. Building equal opportunities for all children was important. Viet Nam recommended that States focus on improving laws and policies to better protect children against all forms of violence; raising awareness of families and society to educate children in a way that benefited their health and full development of their potential; and improving life skills of children to help protect themselves from violence. New Zealand supported the “Children, Not Soldiers” campaign and would like to know if the campaign could be extended to include non-State actors. New Zealand was particularly concerned about the rise of attacks on schools and hospitals. In 2015, New Zealand had enacted the Harmful Digital Communications Act, introducing new offences. Spain stressed the need for reintegration and education of children who had been affected by armed conflicts, as violence left severe aftereffects on children. There was a clear need for international cooperation and the need for the universal ratification of the Optional Protocol. Spain asked for examples of success stories. Thailand said that its National Policy and Strategy on the Elimination of Violence against Children and Youth had enhanced prevention, protection, rehabilitation and prevented revictimization of child violence survivors. Thailand was coordinating ASEAN efforts in the drafting of its regional plan of action on elimination of violence against children.

Ecuador had taken measures to address child online abuse; only six per cent of the online content was age appropriate. It called for national and international efforts to end violence against children as the priority of the 2030 Agenda for Sustainable Development. Pakistan noted that violence against children was a scourge which had an adverse effect on children’s development and wellbeing. To that end the Government of Pakistan had taken a number of legislative and administrative measures. Botswana agreed that significant headway had to be made in national, regional and international efforts to end all forms of violence against children. As for children and armed conflict, the intensity of ongoing conflicts had only led to the increased violation of children’s rights. Algeria shared the recommendations made by the Special Representative to treat children recruited by armed groups as victims. It was particularly concerned by the use of children by non-State armed groups. Colombia paid tribute to the “Children, Not Soldiers” campaign and commended the recommendation of the Special Representative that children used by armed groups be treated as victims, and that their rights be reinstituted. Maldives warned that sexual abuse, cyberbullying and exploitation were leaving scars on countless children. Collective efforts and heartfelt commitments were needed to protect children from such abuse.

Paraguay said that it was taking significant steps to ensure the full protection of children’s rights and to ensure inter-ministerial coordination in that regard. Paraguay agreed that the deprivation of liberty of children was highly counterproductive, and called on the international community to continue its cooperation to support access to education. Venezuela said that children in Venezuela enjoyed broad public protection, including through the work of the Ombudsman. The trials of children should be in line with international standards and with the best interest of the child in mind. Cuba was concerned that millions of children continued to be victims of violence and remained outside of the school system. Cuba had effective mechanisms to protect children’s rights and prevent child mortality. There were no street children in Cuba. International Committee of the Red Cross expressed concerns that the minimum safeguards for children in detention in the context of armed conflicts were too often not respected. Children were deprived of education, subjected to unfair trials and even sentenced to death. Children associated with armed groups should be seen as victims, not as perpetrators, and should be rehabilitated. Nigeria said that it had instituted various measures for child protection from violence. It condemned the use of children in armed conflict, and condemned the use of “child bombers” by Boko Haram. Germany asked how could Member States better support efforts to prevent detained children from human rights violations. What measures could be taken to further promote the application of juvenile justice standards in trials involving children who had been associated with armed groups?

Afghanistan said that while extreme violence against children might make it to the headlines, children were suffering on a daily basis. Afghanistan had made significant achievements regarding the rights of children, including the adoption of a plan to prevent child recruitment in the Afghan National Security Forces. Child mortality had also declined. Liechtenstein stated that it was unacceptable that violence against children remained a prevalent plague throughout society. How did the Special Representative intend to make international and regional cooperation even more efficient in order to end all forms of violence against children by 2030? More information was asked about making the delisting process fairer and more impartial. Indonesia continued to implement comprehensive national legal frameworks to promote the rights of children through a national strategy to eliminate violence against children. A website had been launched to monitor, improve and synchronize data collection on violence against children, and efforts were being undertaken to combat cyber bullying. Luxembourg believed that the right to education was one of the children’s rights under threat in times of armed conflicts. Children were often deprived of that fundamental right. Luxembourg shared the concern over the deprivation of liberty of numerous children in armed conflict; their rapid reintegration was of paramount importance.
Malawi had taken some legislative measures to check against early marriages by prohibiting marriage before the age of 18 under a 2015 Marriage, Divorce and Family Relations Act. The Government was now working towards popularizing the law through sensitization campaigns and translating it into various local languages. State of Palestine stated that Israel systematically committed crimes against Palestinian children, its actions contravening its obligations under human rights law. Children as young as 12 were regularly arrested and beaten. What could be done to ensure accountability when crimes were persistently committed against children as part of State policy?

Kyrgyzstan said that paedophiles were often recidivists, and asked for information on best practices and mechanisms for monitoring violence against children. Benin expressed concerns about the enrolment of children in armed conflict and their use as sexual slaves. Benin had undertaken initiatives to promote the rights of children, including through the adoption of a decree setting norms applicable for the reception of children arriving in Benin. Iraq sought to provide protection to all refugees, including children, who were forced to flee the atrocities by Da’esh, which was using children as workers, human shields, soldiers and sexual slaves. Morocco said that it was committed to protecting the rights of children, and to combat violence against them, through public policies and Government programmes, reforms of the justice system and measures to combat and prevent sexual abuse. Zambia remained committed to combatting violence against children, ending child marriage, and advancing these issues at the international level. Azerbaijan condemned the recruitment, training and use of children by armed groups, and condemned attacks on schools and hospitals. Azerbaijan drew the Council’s attention to violence against children as a result of the occupation by Armenia.

Mexico supported the work of the Security Council’s Working Group on children in armed conflict. What actions had the Special Representative taken to address the issue of sexual abuse of children by peacekeepers in the Central African Republic? What actions could the Mexican State take to strengthen its efforts against cyber-bullying? United Nations Children’s Fund said that children in situations of armed conflict ought to be treated as victims first and deprived of their liberty only as a measure of last resort. The United Nations Children’s Fund supported efforts to deliver on the promise in the 2030 Agenda to end all forms of violence and exploitation of children in all settings.

Defence for Children International encouraged Member States to support the Global Study on Children Deprived of Liberty through voluntary contributions and to actively be involved throughout its effective realization, in collaboration with other stakeholders. Colombian Commission of Jurists said that the war continued to affect the lives of children and adolescents in Colombia. While peace was just around the corner, there was a need to prioritize the situation of children and adolescents. Parties to the conflict should not fail to address all issues affecting children and youth. Istituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, in a joint statement with International Volunteerism Organization for Women, Education and Development – VIDES was concerned that in some regions of the world gender discrimination experienced by female children began even before their birth. Child marriage should be considered a violation of child protection rights and relevant domestic legislation ought to be clearly modified accordingly. Association for Defending Victims of Terrorism said that terrorism did not target only military targets, but victimized civilians and children. Human communities had been deprived of development and made victims on a daily basis because of terrorism. Clarity in international bodies was necessary for fighting terrorism.

Organization for Defending Victims of Violence said that in June, 900 Iraqi children had been taken from their families to serve in the ISIS military, adding that her organization invited all non-governmental organizations to engage in awareness-raising campaigns to stop the recruitment of children. Child Foundation said that the international community needed to intensify its campaign to dissuade warring parties from intentionally targeting civilian areas, thus ruling out the possibility of collateral damage involving civilians. International Humanist and Ethical Union said that in Calais, France, 400 unaccompanied minors were vulnerable and at high risk of sexual exploitation. Also in Europe, the Vatican advised that it was not necessary to report suspected child abusers to the police. The protection of the vulnerable was a mark of society’s civilisation and it was currently lacking. International Catholic Child Bureau noted that 93 per cent of videos involving minors involved the filming of girls, adding that there was a need for proper reporting techniques. Iraqi Development Organization’s speaker said she was the mother of a martyr. Her son had gone out with his friends to participate in peaceful demonstrations, but the police had shot him with three bullets and when the ambulance arrived it was too late. The case was never brought to court. She urged the assembly to make recommendations to the Government of Bahrain. Liberation drew the attention of the Council to the public debate in India on its human rights situation, requesting that representatives of the Committee on Violence against Children visit Manipur.

Khiam Rehabilitation Centre for Victims of Torture called upon Member States to do their utmost to stop financing terrorist groups in Syria, and to push for peace efforts there. It expressed concerns about the situation of Palestinian children and about the situation of children in Yemen and Bahrain. Global Network for Rights and Development voiced concerns about atrocities against children in the context of the conflict in Yemen, including their recruitment as child soldiers, forced and early marriage, lack of access to education and malnutrition. Imam Ali’s Popular Students Relief Society drew attention to the situation of children in detention in Iran, and the lack of support to women and children of addicted fathers. Al-Khoei Foundation referred to disturbing violence against children by Da’esh, and emphasized the need to counter extremism material in schools. It called for an investigation into Da’esh’s funding. Association Miraisme International stressed the need to support injured, threatened and displaced populations in order to achieve their full reintegration, and to deploy plans to combat poverty and improve the living conditions of children.

Concluding Remarks on Violence against Children and on Children and Armed Conflict

MARTA SANTOS PAIS, Special Representative of the Secretary-General on violence against children, said she hoped to be able to discuss bilaterally with States issues they had raised. Noting two side events her office would be holding, on support for the Sustainable Development Agenda and also on a global study of children deprived of liberty, she added that the United Nations needed support to advance the process on children deprived of liberty. The proposed study would capture the magnitude of the problem as well as help countries find custodial measures and establish mechanisms of oversight and monitoring so children did not suffer violations of their rights.

LEILA ZERROUGUI, Special Representative of the Secretary-General for children and armed conflict, said that the issue of accountability had been raised, and that she had also received questions on follow-up to the panel on the Central African Republic. She emphasised that the Secretary-General had put in place mechanisms and tools to follow up, and that her office with other mechanisms were part of the steering committee working on that. The most important thing for her mandate was to ensure that information was channelled through monitoring and reporting mechanisms, she said, adding that she was ready to discuss with Member States, and that her Office was working on how to strengthen the team on the ground. With regard to accountability, she emphasized that some information regarding that was in her report. She noted that she wanted to see all Member States join efforts to mainstream child protection work.

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1. Joint statement: Temple of Understanding; Franciscans International; Society of Catholic Medical Missionaries; Sisters of Charity Federation; Sisters of Mercy of the Americas; and Congregation of Our Lady of Charity of the Good Shepherd.

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For use of the information media; not an official record

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