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COUNCIL DICUSSES ACHIEVEMENTS AND OBSTACLES IN IMPLEMENTING THE CONVENTION OF THE RIGHTS OF THE CHILD AT THE NATIONAL LEVEL
The Human Rights Council this afternoon continued its annual full-day meeting on the rights of the child with a panel discussion on achievements and obstacles in implementing the Convention on the Rights of the Child at the national level and concluded the debate, begun this morning, on promoting implementation of the Convention.
Introducing the second panel, Kyung-wha Kang, Deputy High Commissioner for Human Rights, said that, according to the Committee on the Rights of the Child, States parties had the obligation to review all domestic legislation and related administrative guidance to ensure full compliance with the Convention. Another obligation under the Convention was to ensure the justiciability of social and cultural rights, as well as civil and political rights of children. She underscored that international cooperation was essential to assist States Parties that experienced difficulties in implementing the Convention through technical support and capacity-building. UNICEF played a crucial role in that regard, and worked closely with States in all the areas mentioned.
Anders B. Johnsson, Secretary-General of the Inter-Parliamentary Union, in opening remarks, said the Convention on the Rights of the Child had transformed children from passive subjects of rights to active agents of rights. The Convention made children come alive and demanded that their views be given due weight. The first step in implementing children’s rights was of course legislation and legislative reform. However, simply adopting laws was not sufficient. Building a legislative framework for child rights was a recurrent and continuous process. Law was a living matter: it evolved, new provisions were added and they had also to make sure that laws adopted remained relevant and conformed to reality, as well as to the spirit and the letter of the Convention.
Jorge Freyre, Coordinator of the Latin American and Caribbean Network for the Rights of the Child, said the Network, which brought together over 2,500 non-governmental organizations in the region, was currently drawing up an inventory of the past 20 years of progress in the field of the rights of the child. Throughout the past 20 years the Network had experienced serious difficulties in making progress in their work, inter alia, due to unclear criteria for the use of a rights-based approach from Governments in implementing programmes. Violations of the rights of the child were closely linked to the juvenile justice system in countries around the world, which was of serious concern to the Network. Boys and girls held in detention facilities continued to be denied their liberties.
Trond Waage, Senior Fellow of UNICEF Innocenti Research Centre, said that childhood was not life's waiting room until the full enjoyment of human rights was delivered in the same package as adulthood. When working at national level to implement and monitor the Convention, responses needed to be continuously adapted and systems kept flexible enough to address quickly and effectively both the old as well as the emerging needs of changing childhoods. Legal reform was an area where visible progress was taking place, and far-reaching legislative changes had been introduced in all regions since the adoption of the Convention. Yet legal reform was not merely about adopting a text; it was a process that represented a powerful tool for social mobilization and behaviour change.
During the panel discussion on the achievements and obstacles in implementing the Convention at the national level, speakers noted a number of issues including, adequate domestic legislation and policy necessary for national strategies for children’s rights; resource allocation for basic social services; strengthening of the family’s role and measures to combat and prevent family violence; child protection frameworks; the gap between international standards and commitments entered into and undertaken by all States; combating violence and sexual exploitation; national and local versus international and regional coordination mechanisms; legal age for entry into the military; strengthening national implementation strategies and monitoring mechanisms; enhancing the role of the national ombudsman; and juvenile detention facilities.
Speaking during the panel discussion on the achievements and obstacles in implementing the Convention at the national level were the delegations of the Czech Republic, on behalf of the European Union, Uruguay, Singapore, Austria, Viet Nam, India, Nigeria, Chile, Brazil, Canada, Indonesia, Germany, Japan, Myanmar, Slovenia, South Africa and Thailand. A representative of the Office of the Ombudsman for Children’s Rights of Poland, as well as the non-governmental organizations International Movement ATD Fourth World and Defence of Children International, also took the floor.
Concluding the interactive dialogue begun this morning on promoting the implementation of the Convention on the Rights of the Child at the international level, speakers noted a number of country measures taken to implement the Convention on the Rights of the Child, and raised a number of issues including, actions needed to address violence against children conducted over the Internet and other new technologies; measures needed to address harmful traditional practices such as female genital mutilation, early and forced marriages and crimes committed in the name of honour; consideration of children's rights in the development policies, which was often left out; and the strengthening of the implementation of the Conventions Optional Protocols on children in armed conflict and the sale of children. Many speakers suggested that child participation be considered as a possible theme for the future of the work of the Council.
Delegations speaking in the interactive dialogue on promoting the implementation of the Convention on the Rights of the Child at the international level were the Netherlands, Monaco, Algeria, Norway, Indonesia, Belgium, Philippines, Palestine, Iraq, Kazakhstan, Sudan, Singapore, the Republic of Korea and Iran.
A representative of the National Human Rights Commission of the Republic of Korea also took the floor, as well as representatives of the non-governmental organizations : World Organization Against Torture, in a joint statement with several NGOs1, International Humanist and Ethical Union, in a joint statement with several NGOs2, International Movement ATD Fourth World, in a joint statement with severals NGOs3, and Defence for Children International, in a joint statement with World Organization against Torture.
Tomorrow the Council will meet from 9 a.m. to 6 p.m. without a break. When it opens, it will resume its interactive dialogue on countering terrorism, torture, and on enforced or involuntary disappearances. It will also hear the final speakers in the context of today’s panel discussion. Once it concludes those items, the Council will consider the reports of Special Procedures mandates with regard to human rights defenders; freedom of religion or belief; internally displaced persons; trafficking in persons, especially women and children; and prevention of genocide.
Continuation of Interactive Discussion on Promoting Implementation of the Convention on the Rights of the Child at the International Level
NYNKE B. WIJMENGA (Netherlands) said the rights of the child at national and international levels were on top of the Netherlands’ national agenda, with the Convention on the Rights of the Child as a reference. Several international initiatives had been undertaken to promote the rights of children worldwide. It was clear that girls were often at greater risk of violence than boys, and some girls in greater risk than other girls. Violence against girls within the home and family was a difficult, yet a very important area to tackle. Concrete international and national actions were needed to address violence against children, to help parents, to respond to violence conducted over the Internet and other new technologies and to address domestic violence, harmful traditional practices such as female genital mutilation, early and forced marriages, crimes committed in the name of honour and son preference.
What were the suggestions of the panellists with regard to the role that the Human Rights Council could play to assist in increasing international cooperation to make implementation a fact, specifically to prevent violence against children? And could the panel elaborate on the fact that the Special Representative of the Secretary-General on violence against children had not yet been appointed?
ROBERT FILLON (Monaco) said that Monaco was particularly happy to take part in the celebrations of the twentieth anniversary of the Convention on the Rights of the Child. From the beginning of the development of that international legal instrument, Monaco had been of the view that it was a fundamental legal text and that the promotion of the Convention was essential. It was an instrument that reaffirmed the universality of the rights of the child and was innovative in that it said that children, although not yet enjoying full legal capacity, had specific rights that took into account the children’s situation in society, especially their vulnerability.
The Convention was at the basis of Monaco’s approach to the implementation of the rights of the child. Other legal instruments which Monaco had developed completed its engagement in favour of children, essentially on two levels: first, the protection of children from all forms of violence which they could be the victims of and also new forms of delinquencies; second, taking into account the rights of the child in legal conflicts in international civil law, mainly in cases of divorce.
LAZHAR SOUALEM (Algeria) welcomed the annual full-day meeting on such an important theme as the rights of the child. There was no doubt that the future of the human race depended on the rights of the child, and Algeria reiterated its commitment and engagement to the protection of the realization of the rights of the child. Algeria was preparing to submit its third report to the Committee on the Rights of the Child soon and initiatives had already been taken with regard to following up to the Committee’s prior recommendations at the national level. Those included the Government’s measures taken to review all national legislation to ensure it was in line with the provisions of the Convention.
The Government of Algeria had also adopted a new family code, and set up a new ministry for the family. Moreover, Algeria had recently launched a national plan for children called the Algeria Worthy of its Children Plan, 2008-2015. The plan, among other things, focused on the rights of the child to lead and live a healthy lifestyle and ensure access to education. Algeria also welcomed its cooperation agreement with the United Nations Children’s Fund for 2007-2011.
RAGNE BIRTE LUND (Norway) observed that different articles of the Convention on the Rights of the Child had established the concept of child participation and the importance of children's roles in the issues that affected them. That was an important issue – Governments and the international community would not be able to deal with important issues of their time that affected children's lives if they were not involved. Child participation should be considered as a possible theme for future Days of the Council's work. The Human Rights Council also needed to look beyond that and see how the human rights system could contribute to the creation of child-friendly and child-specific policies in national systems, as well as in its own work.
Children's rights often did not figure in development policies, and that was a challenge. Norway was committed to follow-up of the Secretary-General’s Study on Violence Against Children. The Secretary-General's Special Representative on Violence against Children should also be appointed as a priority.
DIMAS SAMOEDRA (Indonesia) said that many challenges remained and that they saw on a daily basis how children suffered or were deprived from their basic needs and rights, such as rights to education, food, shelter, health and even the right to life. Therefore, they needed to be vigilant to ensure their precious treasures, their children, experienced the full enjoyment of their rights. In Indonesia, the strategic role and the urgency of child rights was reflected in Indonesia’s amended Constitution, which stated that every child should have the right to live, grow and develop and should be protected from violence and discrimination. That noble responsibility had been incorporated into the legislation, policies and programmes to be carried out by the Government, in close collaboration and partnership with relevant stakeholders.
Indonesia asked what had been achieved so far in the implementation of the Convention vis-à-vis child-related goals of the Millennium Development Goals? With regard to child-mainstreaming efforts, Indonesia wanted the panellists to elaborate on the latest activities which have been organized by all related institutions.
LIESBETH GOOSSEUS (Belgium) said Belgium associated itself with the statement made by the Czech Republic on behalf of the European Union. For Belgium, that the fate of children affected by armed conflict was a particular focus. With the entry into force of the Convention several initiatives had followed, specifically with the entry of the Optional Protocol on the involvement of children in armed conflict, as well as the Paris Declaration on children in armed groups, among others. Belgium recalled that the problem of children in armed conflict was not just a human rights issue, but also a humanitarian issue, and if not handled properly could have long-lasting effects.
Belgium asked the panel how the role of the Human Rights Council could be strengthened with respect to the implementation of articles 38 and 39 of Convention (regarding protections for children in armed conflict and measures to promote physical and psychological recovery and social reintegration of child victims)? Also, how did the panel assess the Council’s contribution in that area? Belgium suggested that perhaps information gathered by the Special Procedures during their country missions could help the Council monitor that particular issue. The Universal Periodic Review would help national stakeholders with the appropriate policies of prevention and social reassertion. What role could the Security Council play here? Finally, the Special Representative of the Secretary-General had expressed a desire to strengthen cooperation with the Office of the High Commissioner for Human Rights. How could that cooperation be expanded?
JESUS ENRIQUE GARCIA (Philippines) noted that the Convention on the Rights of the Child was the most widely ratified human rights instrument. At the same time, the international community should ask itself why, if almost all States had ratified it, was the situation of the world's children still far from being secure? Poverty was perhaps the greatest challenge to realizing the full implementation of the Convention in all parts of the world. Greater development would better empower Governments and societies to provide the numerous resources that children required to live fuller and more productive lives. Another severe challenge was a demand for the sexual exploitation of children driven by sex tourism. States had to do more to curb that problem and bring perpetrators to justice.
The children of migrants also needed better protection and access to basic social services. Protection of the rights of the child was interrelated with all the human rights discussed in the Human Rights Council; it would therefore be appropriate for the various human rights Special Procedures to pay attention to the situation of children in their work. The Special Rapporteurs should adopt gender- and age-sensitive approaches in their work. The Council should hear more from children themselves, and encourage interaction with children and youth representatives.
IMAD ZUHAIRI (Palestine) stressed the alarming condition of children in Occupied Palestine. The international community was aware of the damage caused to children by the recent Israeli aggression in occupied Gaza, particularly involving psychological trauma. The last aggression caused the death of 314 children, the injury of 1,872 and the displacement of more that 112,000 children. The occupying Power had consistently failed in its legal obligation to offer protection towards the children of Occupied Palestine. Since the beginning of the Second Intifada in September 2000, the Israeli Occupation Forces had killed more than 860 children, including snipering a large number of Palestinian children, which constituted the direct targeting of children in violation of all relevant international standards. Palestinian children were denied a large number of their basic rights due to the continuous occupation, imposition of checkpoints and closure of territories, as well as the construction of the Wall, which prevented children’s access to education and health care centres. The siege imposed on Gaza prevented the access and provision of their basic humanitarian needs. Israel’s systematic violations of international legal standards were plunging Palestinian children into a disastrous and hopeless situation, in total impunity.
FARIS AL-ANTI (Iraq) said Iraq was developing a legal framework to rebuild Iraqi society. There were several paragraphs in the Constitution that granted rights to children, including the right to economic support until the age of majority. Education from the primary to secondary level was also guaranteed by the State. The Government took measures to criminalize street begging as well. The Government aimed to build a culture of democracy, and of a participatory approach. Iraq had implemented projects in cooperation with the United Nations Children’s Fund, particularly concerning a vaccination programme for children. Iraq had acceded to the Convention on the Rights of the Child, and it was also a party to its two Optional Protocols, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
ABZAL SAPARBEKULY (Kazakhstan) said it was heartening to know that the first Convention signed by Kazakhstan after it's independence was the Convention on the Rights of the Child. Protecting children and mothers and caring for the future was the highlight of Kazakhstan's policy, and it had adopted a law on the rights of the child, having created a special body that dealt specifically with children's issues. The social policy provided a whole range of measures. A special programme had been introduced to reduce child and maternal mortality. Despite the very difficult financial crisis, further social support for children was provided for the next year. There were still many problems to be solved.
The protection and support of children was a significant challenge that needed to be dealt with on a Statewide basis. Particular attention should be paid to reforming legislation linked to juvenile justice. The rights of the child should be monitored, with feedback from the population. The world was fragile, and not always a place of joy. When a child needed help and protection, all adults should band together, without distinction, to help that child.
OMER DAHAB FADOL MOHAMED (Sudan) highlighted that Sudan was one the first countries to ratify the Convention and its Optional Protocols. Sudan had also adopted a law prohibiting the armed forces from recruiting children. The rebel movement Justice and Equality had recruited two children, which had later on been returned to their families. Sudan referred to a French organization which had kidnapped children and brought them to France. Some of the people responsible had been tried in Chad, but President Sarkozy had come in his private jet to convince the authorities of Chad to turn those persons over to France. Some of the children had unfortunately died before they could be returned to their parents. Sudan asked if the Committee on the Rights of the Child would undertake any steps in that case.
TAN YORK CHOR (Singapore) said that besides national efforts to give the best possible care to children in Singapore, the Government also supported international and regional platforms on protecting and advancing the best interests of children. In that regard, Singapore aligned itself with the Association of Southeast Asian Nations statement delivered earlier by Thailand. Singapore thanked the High Commissioner and UNICEF for their statements. Singapore shared the concerns about the adverse impact of the global crisis, especially those from poor families. It was for that reason that, in January this year, Singapore had hosted the UNICEF Regional Conference on the Impact of the Economic Crisis on Children.
Children were particularly affected in armed conflicts. In December 2008, therefore, Singapore had ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and in 2001 had ratified the International Labour Organization’s Convention on the Worst Forms of Child Labour, as well as its Convention on the minimum age for employment. Singapore asked the panel about the extent of efforts undertaken to promote, alongside the Convention on the Rights of the Child, those International Labour Organization and other Conventions that focused on children and vice-versa.
CHUN HYE-RAN (Republic of Korea) said there had been many meaningful changes for the protection and promotion of children's rights over the past 20 years since the adoption of the Convention on the Rights of the Child. The implementation of the Convention at a national level was essential for the protection and promotion of children's rights and therefore the work of the Committee on the Rights of the Child was of immense importance. Another tool for effective monitoring of the implementation of the Convention could be found in regional human rights mechanisms, which could complement the Committee's work.
The positive influence produced by regional instruments was particularly well illustrated in the area of protecting migrant children and children in armed conflict. Since migration typically occurred among neighbouring countries, the regional approach could enhance the efficiency of related policies and programmes. Special attention should be given to children's rights in all the work of the Human Rights Council, in particular with regard to the Special Procedures. The provision of technical assistance and funding to States with insufficient resources to properly implement the Convention was another important role played by international human rights bodies. The Republic of Korea fully supported the efforts made by the international community to strengthen regional and international mechanisms for better implementation of the Convention at a national level.
TAHEREH NAZARI (Iran) said that the promotion and protection of the rights of the child was a significant and indivisible component of the respect for human dignity. In that respect, one important point was that the international community should pursue an impartial, non-stereotyped and comprehensive approach in both identifying children’s rights and their realization.
Violation of children’s right in many parts of the world, in various forms, still continued. Children were often the victims of exploitation, violence and abuses. Moreover, children were vulnerable in the cases of armed conflict. The killing of hundreds of children in the recent 22-day Israeli blind attacks on the residents of Gaza was one of the biggest and most shocking atrocities, which targeted innocent Palestinian children. Rights could be established on paper – but they would lead to the realization of human dignity only if social action was taken. Hence, children’s rights required conducive laws; social, economic and judicial policies; services; and cultural behaviour, if they were to become of practical value for children.
KATHARINA ROSE, of the National Human Rights Commission of the Republic of Korea, said the human rights treaties adopted recently consolidated the individual communications procedures, which had become the universal component of the monitoring mechanism. However, the Convention on the Rights of the Child did not provide for an individual complaints mechanism. While the existing communications procedures allowed the child to make use of the procedure, there were added values and advantages to the separate individual complaints mechanism to the Convention on the Rights of the Child. In that regard, the National Human Rights Commission of the Republic of Korea called for the attention of the Human Rights Council to adopt a resolution for the introduction of the individual complaints mechanism into the Convention on the Rights of the Child.
CECILE TROCHU GRASSO, of World Organization Against Torture, in a joint statement with several NGOs1, said much remained to be done for all children over the world to fully enjoy their rights and the Council and its mechanisms should contribute to that achievement. The Special Procedures should continue to include child rights in their work, and the Coordinating Committee should regularly discuss the way that they could do that. Child rights non-governmental organizations called upon the Council to effectively integrate child rights in all aspects of its works and mechanisms. Member States should ensure that sufficient resources were allocated to the support of the Special Procedures and the Office of the High Commissioner for Human Rights work related to the Council.
ROY BROWN, of International Humanist and Ethical Union, in a joint statement with several NGOs2, regarding child marriage and the execution of children, that the marriage of girls as young as nine was nothing less than child abuse. The bodies of young girls were far from able to carry pregnancies to term without a serious risk of long-term physical and emotional damage or even death. A child was not equipped to give consent and therefore all child marriage was forced marriage. Child marriage was in contravention to the Convention on the Elimination of All Forms of Discrimination against Women and General Assembly resolution 843 of 1954. Yet 55 years later millions of girl children were still being married every year. The Union had proposed a written statement in which it was proposing a number of concrete actions to end the practice of the execution of children. There were five States that continued to violate the relevant article of the Convention on the Rights of the Child: Iran, Saudi Arabia, Sudan, Yemen and Pakistan. The Union asked the Organization of the Islamic Conference to use its influence with the States concern to end what many saw as the ultimate barbarity: killing their own children.
DAINIUS PURAS, Member of the Committee on the Rights of the Child, said that Italy raised questions on identity, birth registration and capital punishment, and the Committee addressed those issues in the context of the country reporting process. With regard to the Netherlands questions regarding violence against children, the Committee was working hard on that issue, and wanted to send a clear message that legal measures needed to be strengthened to protect children. Belgium had asked about measures taken on children involved in armed conflict. With regard to that topic, the Committee sought the support of every mechanism in that context, such as that of the Special Rapporteurs, the Security Council Working Group and the Human Rights Council, among others.
Mr. Puras stressed that only through better cooperation with those mechanisms could the Committee reach the goal of the full ratification of Optional Protocol on children involved in armed conflict. Lastly, with regard to Norway, which had spoken about children’s participation, the Committee aimed to improve children’s participation and was in fact producing a General Comment on child participation which it was hoped would be concluded in May 2009.
PHILIP O'BRIEN, Director of Private Fundraising and Partnership of the United Nations Children’s Fund in Geneva, said that every one of the children involved in the Sudanese incident had been reunited with their families. As an example of private sector initiatives, Ikea had taken the issue of child labour very seriously over the last 10 years, and had set up a code of conduct for its suppliers, appointing in their company the only person in the whole world who was an Ombudsman for a company, with the role of overseeing Ikea’s suppliers. Another example was a major financial institution which had developed a whole education system for orphans in African countries around budgeting and financing education for children who were now heads of families.
For UNICEF, it was in national settings that children got most protection. Governments were primarily responsible for their protection. Thus, national plans should be budgeted and trained for properly, and socially responsible investment ensured, as that protected children. UNICEF intended to fully support the Special Representative of the Secretary-General for violence against children, once that person was appointed.
ALAN KIKUCHI-WHITE, of the NGO Group for the Convention of the Rights of the Child, said that mainstreaming the rights of the child went far beyond only the Universal Periodic Review. A good way to celebrate the twentieth anniversary of the Convention would be if Member States could convince other Member States to withdraw their reservations to the Convention, particularly those that went against the Convention. As to the involvement of children in the Human Rights Council, a process had to be put in place to prepare children and their representatives and two resources would be needed: time and funding. States were encouraged to provide those resources.
As to the notion that children were the future, Mr. Kikuchi-White countered that children were the present. Children required the attention of the Council in the present.
JANE CONNORS, of the Office of the United Nations High Commissioner for Human Rights (OHCHR), addressing some of the points raised during the discussion, observed that a number of speakers had welcomed the twentieth anniversary of the Convention on the Rights of the Child. That was an important initiative for the Office, and was closely linked to the initiative on the rights of the child scheduled to be held on 8 and 9 October 2009. The Office was interested in encouraging the further implementation of the Convention and in the context of strengthening the rights of the child in all spheres. Speakers had also mentioned the need for further mechanisms to support the better implementation of the Convention at the international level, and suggestions had included a follow-up procedure or a complaints mechanism. In that regard, the Office of the High Commissioner welcomed any initiative that accelerated the implementation of the Convention at the national level.
Mainstreaming child rights had also been mentioned by speakers, Ms. Connors noted. It was a difficult task; however, in the context of the Committee on the Rights of the Child, the Human Rights Council and field missions, among others, all issues relating to children had been incorporated. On violence against children, there were a number of initiatives supported throughout the United Nations in that regard and, specifically, the Office was working closely with UNICEF and the World Health Organization to implement recommendations of the study of the Secretary-General on violence against children. Once the Special Representative of the Secretary-General on violence against children was appointed, the Office would find ways to integrate the issue into all human rights mechanisms and in particular with regard to the Human Rights Council.
Panel Discussion on Achievements and Obstacles in Implementing the Convention at the National Level
Opening Statement by Deputy High Commissioner for Human Rights
KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, said the previous panel had heard many inspiring statements highlighting the role that the Convention had played in the past 20 years in bringing about a revolution in the way that children were viewed and in informing international and national initiatives to improve their situation. This afternoon, the discussion would focus on the implementation of the Convention at the national level. According to the Committee on the Rights of the Child, State Parties had the obligation to review all domestic legislation and related administrative guidance to ensure full compliance with the Convention. Comprehensive legislative reforms had occurred ensuring compliance with the Convention in areas such as adoption, domestic violence, sexual exploitation, child labour, trafficking and juvenile justice.
Another obligation under the Convention was to ensure the justiciability of social and cultural rights, as well as civil and political rights of children. However, the Committee had observed that violations of the rights of the child remained too often unpunished due to many factors, including lack of accessible, confidential reporting mechanisms for children, lack of child-sensitive judicial procedures, insufficient training of the judiciary and law enforcement authorities and legal and other obstacles. Cooperation with civil society was another essential measure to ensure implementation of the Convention. Civil society played a crucial role in awareness-raising, monitoring and capacity-building. An increasing number of countries had established independent national human rights institutions, including with a focus on children.
Ms. Kang underscored that international cooperation was essential to assist States Parties that experienced difficulties in implementing the Convention through technical support and capacity-building. UNICEF played a crucial role in that regard, and worked closely with States in all the areas mentioned. Given the cross-border nature of crimes affecting children, there was also a need for strengthened international cooperation in areas such as law enforcement, investigation, and prosecution. This panel provided an important opportunity to discuss the challenges to the implementation of the Convention at the national level, and good practices to overcome them. Children's rights were at risk in every country of the world. The profile of the Human Rights Council and its universal reach made it the key place in which the rights of the child could be promoted.
Statements by Panellists
ANDERS B. JOHNSSON, Secretary-General of the Inter-Parliamentary Union, said that in the world they had created for themselves and for their children, they were constantly reminded of abuse of children’s rights, of children who were denied the chance to grow up in a healthy environment in which their best interests were protected, children who were starving and who received inadequate health care, children who had maybe lost their lives, children whose voices were not heard. The single most daunting challenge confronting all of them was that of indifference. They were constantly bombarded with information and images which highlighted what had not worked – the most horrific violence, the body counts, the latest scandals. So little by little they had become numbed and unconsciously accepted some level of violence and less than total respect for the rule of law as the norm.
The Convention on the Rights of the Child transformed children from passive subjects of rights to active agents of rights, Mr. Johnsson observed. The Convention made children come alive and demanded that their views be given due weight. Turning the Convention on the Rights of the Child into a daily reality for children everywhere would require a constant and conscious effort on behalf of everyone. The first step in implementing children’s rights was of course legislation and legislative reform. However, simply adopting laws was not sufficient. Building a legislative framework for child rights was a recurrent and continuous process. Law was a living matter: it evolved, new provision were added and they had also to make sure that laws adopted remained relevant and conformed to reality, as well as to the spirit and the letter of the Convention.
Mr. Johnsson said that States should always seek accompany laws with mechanisms that allowed for monitoring their implementation, to determine if they had the desired effect and to detect if they had any side effects that were not anticipated or desired. Several parliaments around the world – Brazil, South Africa and Turkey, to mention but a few examples – had or were setting up parliamentary committees on children’s rights. Those committees could serve as a very useful monitoring mechanism to regularly assess the impact of legislation, identify loopholes and address them. Parliaments had been active in all the examples he had referred to so far. That was of course only normal since it fell on parliament to legislate, adopt national budgets, exercise oversight and scrutiny and more generally assume leadership and reach out to the public. However, he had said earlier, the Convention on the Rights of the Child had transformed children from passive subjects to active agents of right. For that to happen we must listen to children, an in a parliamentary context, and that meant granting them access to parliament.
JORGE FREYRE, Coordinator of the Latin American and Caribbean Network for the Rights of the Child, congratulated the Human Rights Council on the initiative of analysing this issue and the opportunity to share in the main ideas as a result of the discussion today. The Latin American and Caribbean Network for the Rights of the Child was made up of 30 national networks, representing 22 countries, and brought together over 2,500 non-governmental organizations (NGOs) in the region. The Network was currently drawing up an inventory of the past 20 years of progress in the field of the rights of the child. A rights-based approach was applied in their work with respect to children and adolescents in drawing up programmes. It was worth stressing the active and committed mobilization of the vibrant civil society organizations in the region, which contributed to that work. The NGOs not only made a contribution through reports, but also through conferences and summits linked to decision-making for children. Throughout the past 20 years the Network had experienced serious difficulties in making progress in their work, inter alia, due to unclear criteria for the use of a rights-based approach from Governments in implementing programmes. The lack of ongoing training for stakeholders and players involved had led the Network to think further about the issues.
Mr. Freyre noted with concern that violations of the rights of the child were closely linked to the juvenile justice system in countries around the world. Boys and girls held in detention facilities continued to be denied their liberties. That had a common aspect and transcended borders. It was evident that there was a clear judicial responsibility for States here, and Mr. Freyre warned that the custodial system remained in force. There was a constant violation of rights and abuse of children and adolescents in detention centres. The presence of fear and the ongoing threats meant that many remained silent and as such cases had not been brought to justice. In municipal and national budgets resources were necessary for policy prevention and awareness-raising campaigns, and that remained very limited. Furthermore, there remained a pressing need to evaluate the real impact of the Convention and the real aspects today. That was a responsibility they could only undertake jointly – governments, civil society organizations, Boys, girls, adolescents, international agencies and organizations and around the world needed to strengthen efforts so that the Convention was translated into programmes and policies that had lasting impacts. Many children had already given up their lives for justice.
TROND WAAGE, Senior Fellow, UNICEF Innocenti Research Centre and former Ombudsman for Children of Norway, said 20 years of the Convention on the Rights of the Child was both short and long – short when looking back at what had been achieved in such little time and long when thinking about the challenges ahead in changing how childhood was understood, perceived and, most importantly, made a priority in all actions at national level. Childhood was not life's waiting room until the full enjoyment of human rights was delivered in the same package as adulthood. When working at national level to implement and monitor the Convention, responses needed to be continuously adapted and systems kept flexible enough to address quickly and effectively both the old as well as the emerging needs of changing childhoods.
Legal reform was an area where visible progress was taking place, Mr. Waage observed, and far-reaching legislative changes had been introduced in all regions since the adoption of the Convention. Those changes concerned various levels of legislation as well as a broad array of topics. Yet legal reform was not merely about adopting a text; it was a process that represented a powerful tool for social mobilization and behaviour change. However, legislation alone was insufficient to achieve lasting change, especially when it addressed rooted social conventions. That was why independent human rights institutions played a crucial role in monitoring children's rights and promoting social change and had been created in many States in recent years.
The independence of human rights institutions for children enabled them to keep children's best interests at the core of their work, regardless of political and other considerations, as well as gaining the trust of a wide range of actors and build alliances for children's rights. In bringing change for children, those independent institutions promoted a holistic view of childhood. However, to carry out their mandate and preserve their independence, Ombudsman institutions depended on support from all actors and required sustainable resources. In conclusion, Mr. Waage stressed that children, as children, and not as adults-in-the-making, should be at the centre of public policies. The implementation of the Convention, like childhood, was an ongoing process and the international community should never stop thinking about better ways to ensure that the rights of each and every child were fulfilled.
Interactive Discussion
TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, said that effective implementation of the Convention was always dependent on an adequate domestic legislation and appropriate policy, incorporating also national strategies for children. A well functioning institutional framework was equally essential, including the creation of governmental structures and independent institutions for children’s rights promotion and protection. The European Union wanted likewise to highlight the importance of effective remedies for children to redress violations of their rights.
When celebrating the first decade of the Convention, the Committee on the Rights of the Child had reminded States parties that resource allocation for basic social services had the greatest impact on the realization of children’s rights. The increase in budgetary resources or simply only better-targeted human rights-based national allocation often brought positive results regarding the implementation of the Convention. In that context, the significance of international development assistance and donor programmes should not be omitted. Ensuring the best interests of the child was only possible through child-impact assessment of proposed new laws, policy or budgetary allocations and child-impact evaluation of the actual implementation. Even if this was the primary obligation of Governments, the European Union fully supported the involvement of parliamentary committees, NGOs, academic institutions, professional associations, youth groups and independent human rights institutions in that process.
PAULINE DAVIES (Uruguay) said Uruguay associated itself with the statement made by Chile on behalf of Group of Latin American and Caribbean Countries made this morning. Uruguay had recently adopted a new code on the child, which enshrined the fundamental principles of the comprehensive child protection and the best interests of the child. Basically, the new legislation abandoned the approach that saw the child as an object of protection and adopted the perspective of the child as a rights holder. In addition, the National Institute for Children and Adolescents was the governing body for policies on children. In 2005, on the basis of the National Strategy to Combat Extreme Poverty and Child Poverty, various programmes had been developed, such as the equity plan and the strengthening of the family plan, among others. In addition, in connection with the elaboration of a national strategy for childhood and adolescence, 2010 to 2030, Uruguay planned to hold a national dialogue with over 4,500 girls and boys to reflect on the various principles and proposals.
In Uruguay, NGOs had been the pioneers for some time of programmes directed at children and adolescents. Moreover challenges such as the issue of street children and adolescents separated from their families remained challenges for the Government.
TAN YORK CHOR (Singapore) noted that in January this year Singapore had submitted its second and third periodic reports to the Committee on the Rights of the Child, detailing Singapore's continuing efforts to further progress made in every aspect of life for children in Singapore. Singapore believed that all children deserved protection and nurturing, to live in a place where they could thrive and grow, and was committed to upholding the rights and best interests of children in Singapore, ensuring that they continued to enjoy high standards of care, high quality healthcare and education systems, and family and community support, and a diverse interracial and interreligious culture. Singapore's education system aimed to develop well-rounded individuals who would be able to contribute to the well-being of their communities.
Singapore had a robust child protection framework. The National Family Violence Networking System ensured that assistance was timely and help was within reach, and also developed public awareness campaigns to help children and families to promote alternatives to violence and encouraging victims of violence to seek help. The judicial system was also sensitive to the needs of the child. Singapore participated and supported international and regional platforms that explored issues concerning children's welfare. Those efforts and others signalled Singapore's continued commitment to upholding the rights and best interests of children in Singapore.
CHRISTIAN STROHAL (Austria) said that, as with human rights in general, so it was with regard to children’s rights – the fundamental challenge was to overcome the implementation gap, i.e., the gap between international standards and commitments entered into and undertaken by all States and the reality of their implementation on the ground. Austria, therefore, welcomed this opportunity to take stock of progress made at the national level and to identify main challenges and obstacles to the implementation of the Convention on the rights of the child. International mechanisms, in particular the Committee on the Rights of the Child, played a key role in supporting States in their efforts to implement the Convention.
In Austria, the obligations of the Convention, the recommendations of the Committee, as well as the commitments of World Summit for Children were taken as a basis to draft a National Plan of Action on Children’s Rights. The elaboration of the Action Plan was undertaken in a broad-based and participatory manner, involving not only all relevant governmental authorities at the federal and provincial level, but also ombudspersons and civil society organizations working with children. The 200 measures outlined in the Action Plan were a blue print for action to make the country fit for children.
NGUYEN THI XUAN HUONG (Viet Nam) said Viet Nam aligned itself with the statement made by Cuba on behalf of the Non-Aligned Movement. Viet Nam expressed concern that, despite the numerous achievements that had been made since the adoption of the Convention on the Rights of the Child, in some parts of the world children continued to be victims of violence and exploitation and many children could not go to school and were not provided with full healthcare. Viet Nam called on the international community, particularly the United Nations, to prioritize and take stronger measures to curb those problems.
Viet Nam was the first country in Asia and the second in the world to accede to the Convention on the Rights of the Child, and had also ratified the two Optional Protocols to the Convention. The promotion and protection of the rights of the child had been incorporated into laws, economic and social development strategies, plans and programmes in implementing the Millennium Development Goals, thus enabling children to enjoy their rights to a fuller extent. Free-of-charge medical examinations and treatment programmes and measures to reduce infant mortality rates and the rate of child malnutrition had been effectively implemented as well.
ROHIT RATHISH (India) said India was the home to the largest child population in the world. To pledge its commitment to the cause of its children, India had acceded to the Convention on the Rights of the Child in 1992 and had ratified both Optional Protocols. India also remained committed to the child-related Millennium Development Goals and the South Asian Association for Regional Cooperation Conventions on Child Welfare. India had prepared a National Plan of Action for Children. To ensure the proper enforcement of children's rights and effective implementation of laws and programmes relating to children, India had set up the National Commission for Protection of Child Rights in 2007, which was the foremost symbol of India's commitment to adopting a rights-based approach for effective implementation of the Convention.
The Government of India had also adopted a National Charter for Children in 2004, which was a statement of intent embodying the Government's agenda for children. The document emphasized the Government's commitment to children's rights to survival, health and nutrition, standard of living, play and leisure, early childhood care, education, protection of the girl child, empowering adolescents, equality, life and liberty, name and nationality, freedom of expression, freedom of association and peaceful assembly, the right to a family, and the right to be protected from economic exploitation and all forms of abuse. The concept of "child budgeting" was gaining impetus since it was first introduced in 2001 by the Centre for Child Rights and was currently being employed by the Ministry of Women and Child Development in partnership with UNICEF.
IFEANYI NWOSY (Nigeria) said that this full-day meeting underlined the importance that was attached to the welfare of children, who were rightly referred to as the leaders of tomorrow. The Council would have the opportunity to take stock with regard to the implementation of the Convention both at the national and international levels 20 years after its adoption. Nigeria was committed to the Convention on the Rights of the Child, as well as its two Optional Protocols on the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. Nigeria had put in place mechanisms and programmes aimed at ensuring that the rights of the child were protected. In particular, it had taken concrete measures in the areas of child mortality, education of girls, trafficking in children, child labour and sexual violence, among others, which had resulted in steady progress in the protection of the rights of the child.
Nigeria, however, was still faced with major challenges. The economic and financial crisis particularly put more strain on Nigeria’s economy and indeed all developing countries. There was no doubt that in times of adversity, children and women were the most affected.
CARLOS PORTALES (Chile) said Chile had tackled the issue of protecting the rights of child through legal changes for all children, whether born outside of wedlock or adopted. Chile had limited the age of compulsory military service to 18 years. Public policy had been changed from a welfare approach to a guarantee of rights for children. A multidisciplinary approach had also been taken in national programmes, which was unheard of in Chile, systematically including children’s rights in study plans at all levels of education in cooperation with civil society. Education was virtually provided for all levels, and for the persons aged 15 to 24 years in the country the literacy rate was 98 per cent. Bearing in mind that children were the primary subjects of rights, Chile asked the panellists what they thought was the possibility of creating a new Optional Protocol to the Convention which created a mechanism for individual communications?
MURILO VIEIRA KOMNISKI (Brazil) said Brazil was among the first countries to ratify the Convention on the Rights of the Child and to incorporate those rights, with the Statute of the Child and the Adolescent in 1990. After 20 years, there had been achievements, but there were many challenges still ahead. For a better management of the promotion of the rights of the child and adolescent, the Special Secretariat for Human Rights had been established in 2003, along with the Secretariats for Women and Racial Equality. By 2006, actions focused on children and adolescents in the semi-arid area had reduced child malnutrition by 63 per cent. On protection against violence, in the last four years five new thematic policies had been formulated and approved by the National Council on the Rights of the Child and Adolescent, with the full participation of civil society.
Citing other achievements in Brazil, there had been a reduction in 47 per cent of child labour exploitation in the past decade and a fall of 6 per cent in killings of youngsters in 2004 after the enactment of the Statute of Disarmament and the establishment of networks to combat sexual violence. There had also been a reduction, in 2007, by half of the annual growth of imprisonment of adolescents in conflict with the law. Brazil emphasized the priority given to the participation of NGOs, as well as children and adolescents in all relevant national initiatives.
JEFFREY HEATON (Canada) said that Canada was committed to promoting and safeguarding the rights and well-being of children. In that regard, Canada had taken a range of action consistent with the guiding principles of the Convention on the Rights of the Child. As they celebrated the twentieth anniversary of the Convention this year, Canada continued to make good progress in meeting the needs and interests of children and of their families, as well as building stronger communities in ways that recognized and respected the diversity of their circumstances. Canada’s provinces and territories had enacted or amended legislation to protect children and to reduce and prevent family violence, invested in programmes to help Aboriginal children and families and taken steps to reduce the number of Canadian children living in poverty.
The Government of Canada, in collaboration with Aboriginal leaders and provincial and territorial Governments was striving in particular to improve the socio-economic well-being of Aboriginal children and families. Altogether, federal investment in support of children and their families were significant and growing, exceeding $13 billion for 2007-2008 through income benefits and tax measures, with the majority directed to low-and middle-income families. Canada’s commitment to children at home was matched by a commitment to the rights of the child abroad. Canada took a child rights-based approach to international cooperation efforts for children using the Convention on the Rights of the Child as its guiding framework.
WIDED PRASOJO (Indonesia) said that Indonesia’s geographical configuration posed a unique challenge and explained the considerable differential between regions in their efforts to ensure respect for the rights of children and their protection against abuse and violence. Similarly, decentralization and the greater autonomy of local governments had exacerbated the gaps and created policy disorders when local policies were out of step with national legislation and Indonesia’s international commitments. The ongoing legal reform and generalization of the rule of law were encouraging. However, the Indonesian Penal Code inherited from the colonial era was no longer suitable in dealing with current challenges. Indonesia’s ratification of various international human rights instruments obliged it to adopt a criminal justice system with human rights aspirations.
Continual and systematic human rights training and education for the law enforcement and security apparatus was therefore fundamental in shifting the paradigm towards the creation of a human rights culture. Despite challenges, the Government remained committed to ensuring the further progress in its efforts to protect the rights of the child. Various thematic national action plans had been adopted to ensure more action-oriented, focused, and detailed programmes which targeted the commercial sexual exploitation of children, the worst forms of child labour, child trafficking, violence against children, and education for all.
GEORG KLUSSMANN (Germany) said, with close to universal membership to the Convention, the rights of the child were the most widely recognized of all human rights. However, despite many outstanding achievements during the 20 years since the signature of the Convention, the goal of full and universal implementation of the Convention and its two Optional Protocols was still far away. Germany had been a State Party to the Convention since 1992 and to the Optional Protocol on the involvement of children in armed conflict since 2004. Germany’s ratification document for the Optional Protocol on the sale of children, child prostitution and child pornography would be deposited with the Secretary-General of the United Nations shortly. The issue of how to even better protect children in Germany was subject to ongoing discussions.
The Federal Government was of the opinion that it fully implemented the Convention on the Rights of the Child. Nevertheless, withdrawal of its declaration of interpretation made upon ratification of the Convention had been repeatedly demanded by NGOs and the Parliament. Furthermore, the inclusion of children's rights in the Constitution had been debated for a long time. In 2003, Germany had adopted the Plan of Action for the Protection of Children and Young People from Sexual Violence and Exploitation. Furthermore, in 2005, it had adopted the Plan of Action for the years 2005-2010 to implement the call of the 2002 World Summit to create "A world fit for children". A progress report showing many positive steps taken since 2005 had been issued in December 2008.
MAKOTO TANABE (Japan) said that in order to strengthen national implementation and monitoring, Japan emphasized the importance of the State party reporting process at the domestic level. In April last year, Japan had submitted its third report to the Committee on the Rights of the Child, as well as its initial reports on the two Optional Protocols. As the rights enshrined in the Convention and its Optional Protocols were extensive, Japan devoted significant effort to consulting various government ministries and to finalizing its reports. In addition, the Government of Japan held several meetings to exchange views with Parliamentary members, other Government agencies and the civil society in order to reflect diverse perspectives in its periodic reports. However, while Japan had integrated various perspectives in those reports, it was not an easy task to prepare a report every five years. Japan was particularly interested in the panels remarks on best practices regarding how related organizations, civil society and in particular children were included as participants throughout the cycle of implementation, monitoring, preparation of the State Party report and the follow-up process.
KYAW MYO HTUT (Myanmar) said Myanmar aligned itself with the statement made this morning by Thailand. Myanmar attached great importance to the rights of the child, as it was one of the top priorities in the national agenda. The Government had been steadfastly safeguarding the rights of the child since it became a State party to the Convention on the Rights of the Child on 16 July 1991. One of the significant measures taken by the Government had been the promulgation of the Myanmar Child Law on 14 July 1993. The Government reaffirmed its high-level commitment to the prohibition of forced labour in the country by signing the extension of the Supplementary Understanding on the treatment of complaints regarding forced labour to one more year with the International Labour Organization on 26 February 2009. With regard to the issue of underage children in the military, the Government had established a high-level committee for prevention against recruiting minors into the military on 5 January 2004, and 83 underage children had been rejected from the military last year. Furthermore, action was also taken against military personnel responsible for irregular recruitments.
ANJA MARIJA CIRAJ (Slovenia) said there were numerous contemporary challenges in the sphere of the rights of the child, and the task was to raise awareness of children's rights, and to champion suitable measures for exercising those rights, including mainstreaming children's rights in all international and national policies and coordinating national activities related to children. The right laws and policies, properly resourced, implemented and enforced were an essential foundation for protecting children from violence and promoting their survival, education and development.
Violence against children existed in every country, culture, social class and ethnic community. The common task was to ensure the establishment of non-violent social values. Public awareness should be further raised, and assessable and child-friendly systems created. The participation of children in formulating policies in the areas of physical, mental, spiritual, moral and social development was also important. Slovenia was aware that only a systematic and innovative approach could effectively promote children's rights and ensure the fundamental human rights and freedoms of the child. Improving the quality of life of children and youth was the main goal of the Slovenian Programme for Children and Youth 2006-2016 and its Action Plan, which was in preparation.
BEULAH NAIDOO (South Africa) said that South Africa had ratified the Convention in 1995 without reservations and had also ratified the African Charter on the Rights and Welfare of the Child. Since the inception of the democratic Government in 1994, South Africa had expressly committed itself to work to solidify the current partnerships between Government, NGOs, community-based organizations and the private sector to build a society free of all forms of discrimination, violence, fear, abuse and oppression. The democratic Government had also established a social security network that had not existed before. The social security programme supported 10 million children through child-support grants, foster care grants and care dependency grants, in partnership with United Nations agencies. The Government remained committed to the effective implementation of the multi-stakeholder designed National Strategic Plan aimed at addressing HIV/AIDS, tuberculosis, and malaria, which included clear targets for the provision of antiretroviral drugs and care for vulnerable children.
At the international level, South Africa believed that there were positive developments in the promotion and protection of human rights of children affected by armed conflict and an important precedent had been set to end impunity for crimes against children, particularly the recruitment and use of children by Government forces and armed groups.
CHOMPOONUTE NAKORNTHAP (Thailand) said that Thailand had significantly implemented the Convention in all aspects since becoming party to it in 1992. In the legislative area, the 2003 Child Protection Act clearly defined the rights of the child and set out punitive measures against child rights’ abusers. The Act also created the Child Protection Committee at the national, provincial, and municipal levels to coordinate the implementation of child welfare and safety in the country. On the education front, the Thai Government had pledged 15 years of cost-free universal education for all children in Thailand.
Thailand also safeguarded and protected the rights of all children in the territory regardless of their nationality by concluding several bilateral and regional agreements with neighbouring countries that addressed situations of children who were victims of trafficking and irregular migration. In the field of public health, the Government had for more than 10 years implemented universal healthcare for all. The progress of the healthcare system in Thailand helped to improve the welfare of children, as witnessed with the reduction of infant mortality rates and the immunization coverage of over 90 per cent of children in the country.
PAWEL JAROS, Office of the Ombudsman on Children's Rights of Poland, said the Ombudsman had operated since 2001, as a Constitutional and independent institution, with the main task of safeguarding and protecting the rights of the child as specified in the Constitution, the Convention on the Rights of the Child, and other laws, with consideration of liability, rights, and duties of the parents. In 2008, the Parliament had significantly reinforced the Ombudsman Institution and equipped it with the right to appear before common and administrative courts. The Ombudsman also had the right to monitor and visit each institution which dealt with children. At the moment, the Parliament was working on further enhancing the Ombudsman, and would be giving him the right to appeal to the Constitutional Court, and in some cases the right to appeal to the Supreme Court. The Ombudsman also received and recognized general communications as well as individual claims. It would be very good if the Committee on the Rights of the Child were enabled to receive and consider communications submitted by or on behalf of individuals or groups of individuals.
JANET NELSON, of International Movement ATD Fourth World, in a joint statement with severals NGOs3, said that its primary concern today was that even before the current economic and financial crisis there were millions of children for whom the concept of rights remained an empty promise. These children were those who, along with their families, lived in extreme poverty and social exclusion in both the South and the North, and who endured multiple rights violations. Their families were torn apart by poverty and their potential to live a decent life was forever jeopardized by malnutrition, disease, and lack of education. The fact that after 40 years of overall economic growth, such a large percentage of their children continued to grow up in such conditions could not help but raise questions about their financial and economic policies and the values that inspired them. First a food crisis, and now this economic crisis; how many more did they need before they began to seek new approaches?
JULIA D’ALOISIO , of Defence for Children International, in a joint statement with World Organization against Torture, said they shared speaker’s concerns regarding the importance of national coordination to ensure effective implementation at the country level. With that in mind, it was relevant to note the work of the Interagency Panel on Juvenile Justice. The Panel was a coordination body mandated by the Economic and Social Council to provide technical advice and assistance to Governments and other actors in implementing international standards on juvenile justice. Defence for Children International urged States to seek the support of the Interagency Panel in implementing the juvenile justice articles of the Convention and in ensuring that their legal obligations and commitments were translated into effective practices on the ground.
ANDERS B. JOHNSSON, Secretary-General of the Inter-Parliamentary Union, in concluding remarks and in response to questions, said that, with regard to priority areas, it depended on which region you were in. In South-East Asia it was trafficking and sexual exploitation, and that was where legislation needed to be improved. The issue of violence against children in its different manifestations was however a recurring theme. On how to create an environment for children to be heard, parliaments were today opening up, and this was a positive step forward in that regard. With regard to the biggest challenge for the next 10 years, that was the financial crisis, which would affect child protection and child rights issues. Adopting laws was never enough; it needed to be complemented by trained staff and resources.
JORGE FREYRE, Coordinator of the Latin American and Caribbean Network for the Rights of the Child, in closing remarks, said that there had to be political will to bring children’s rights into line with reality. Many countries had national networks and children’s parliaments. That showed how important it was to continue consultations. It was important to look at the demand and also at what could faithfully reflect children’s issues. It was important in the national arena to include the documents relating to the rights of the child in practice, to mobilize people and carry out activities. Also, there had to be ongoing activities, instead of just submitting periodical reports. It was important to say a word about legislative practice. More visibility had to be given to children’s issues, and the legislature had to be informed about what was happening in their countries to their children and their youth.
TROND WAAGE, Senior Fellow, UNICEF Innocenti Research Centre and former Ombudsman for Children of Norway, in closing, said it was exciting to learn about all the questions raised today. On the implementation of monitoring mechanisms, there was a misunderstanding here, where by sometimes it had been seen as linked to accountability at the international level, and as a result overlooked accountability at the local level. The goal of monitoring mechanisms was neither intended nor focused on violations, but rather was seen to measure a process of change. The relevance of monitoring mechanisms had been limited to health, education and violence in many cases, and often missed a holistic approach. The local level was where the children lived their lives, and it was at the local level that monitoring needed to take place. There was a need for stronger focus at the national level in order for Governments to catch up with the way in which children had viewed their lives. He suggested that this could be done through the ombudsman, as the ombudsman played an important role here, as he or she was in contact with the children, and could therefore shed light on the direct pain experienced by the child.
On the questions of how parliaments could set-up cross-cutting committees which focused on the rights of the child, Mr. Waage said that States could create inter-ministerial groups to discuss such issues, as had been done by many other countries on other issues. He further stressed that if there was no progress on the national and local level, it would be impossible to find it at the regional or international level.
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1Joint statement on behalf of: World Organization Against Torture, World Alliance of Young Men's Christian Associations (YMCA), Women's World Summit Foundation, and International Catholic Child Bureau.
2Joint statement on behalf of: International Humanist and Ethical Union, World Population Foundation, Association for World Education, and World Union for Progressive Judaism.
3Joint statement: International Movement ATD Fourth World ; International Catholic Child Bureau; Istituto Internazionale Maria Ausiliatrice (IIMA); International Volunteerism Organization for Women, Education and Development (VIDES); Dominicans for Justice and Peace; and Franciscans International.
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HRC09028E