COUNCIL HOLDS INTERACTIVE DIALOGUE WITH EXPERTS ON VIOLENCE AGAINST CHILDREN AND ON THE SALE OF CHILDREN AND CHILD PROSTITUTION

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

Marta Santos Pais, Special Representative of the Secretary-General on violence against children, said violence continued to hamper the lives of millions of children around the world. Younger children were at special risk, having less ability to speak up and seek support and also greater chances of suffering irreversible emotional and health damage. Hidden and socially accepted, violence against children was met with passivity and indifference and was perceived as a needed form of discipline or a difficult topic to bring into the open. Ms. Pais said she would focus on three particular areas: the continued promotion of the universal ratification of the Optional Protocols to the Convention on the Rights of the Child, which were now in force in 142 countries and only 50 countries were missing; conducting a global survey to assess progress in the prevention and elimination of all forms of violence against children; and placing a special emphasis on violence in education and justice-related areas.

Ms. Pais went on to say that the United Nations Study on Violence against Children called for all States to support children with mechanisms that provided support such as telephone hotlines where children would have access to the support of professionals. The report stated that there were fragmented initiatives which were not connected and not part of a robust child protection system. One finding of the report was that the mechanisms were not accessible to the most vulnerable children, especially those living in the streets, and that many children lacked trust in the services fearing they would be judged and not assisted. There was a special challenge in the case of sexual exploitation and abuse where, in the large number of cases, those who committed the abuse were known and trusted by the children. Professionals lacked training and guidance on how to identify early signals of violence, where to report the violence and assurances that they would be protected. There was also a lack of communication among professionals from the medical and legal spheres.

Najat Maalla M’Jid, Special Rapporteur on the sale of children, child prostitution and child pornography, said that in terms of reinforcing and guaranteeing the effective protection of children against violence, including sexual exploitation, she recommended the establishment of clear legal procedures and mechanisms to deal with offenders and also to protect child victims. These mechanisms needed to be physically and geographically accessible to all children and available in a language that was comprehensible and adapted to the age, gender, handicap and background of the child. In order to be effective, such mechanisms needed to be incorporated into national policies on the protection of children and also needed to guarantee the privacy of the children concerned. In addition, these mechanisms had to be subject to regular evaluations and should be strengthened, supported and monitored by regional and national institutions concerned with the protection of the rights of the child.

Ms. M’Jid also presented country specific reports in which she commended the concerned States on measures they had undertaken to combat the mistreatment of children, the political will to address situations of child abuse, important steps taken to combat cybercrime, child pornography and child trafficking, and reforms that had been implemented to protect children against being sold, many of whom ended up being exploited as street beggars. Much work remained to be done however and the Special Rapporteur reminded the Members of the Council of the transnational dimension of child abuse and the sexual exploitation of children and, as such, she stated that solutions also needed to take on a transnational form.

El Salvador, Senegal, the United Arab Emirates and the United States spoke as concerned countries.


During the interactive dialogue speakers said that no country in the world was immune from child abuse and terrible acts of violence against children, and high rates of poverty continued to make children more vulnerable to physical, psychological and sexual violence. Effective access for children to the Committee on the Rights of the Child would be an important step forward in light of some recommendations made in the joint report and many people supported the creation of an Optional Protocol providing a communication procedure under the Convention on the Rights of the Child. In order to combat all forms of violence against children it was necessary to establish effective and child-sensitive counseling mechanisms, with a view to stemming the tide of the alarming increase of incidents of violence against children across the world. Delegations said they welcomed the recommendation that awareness-raising efforts should be promoted to inform children and their families about children’s rights and concerted efforts towards the prevention and protection of children from all forms of violence would require the strengthening of cooperation at the international level. The particularities of children should make it easier to empower them with their rights and within the international framework the Optional Protocols would be a good complement to the international mechanisms in existence.

Violence against boys and girls, particularly sexual violence existed in all societies and in order to prevent it a voice should be given to the victims. Delegations agreed with the Special Representative’s report on violence against children that there was a need for national systems to compile, analyze and disseminate data on violence against children. Speakers urged all countries to do more to implement national actions and protective effective mechanisms to protect children and change the social standards that tolerated violence against children. Some speakers also voiced support for the draft resolution that the European Union would present at this session of the Council on children living on the street.

Delegations asked the Special Representative of the Secretary-General and the Special Rapporteur on the sale of children, child prostitution and child pornography what their opinion was on the importance of international and regional mechanisms for the development of effective and child-sensitive mechanisms to address incidents of violence against children at the national level. Speakers also said that the results of the reports were extremely important in safeguarding and guaranteeing the rights of children and they noted the practical recommendations on how to expedite the process of protecting child rights, as highlighted in the seven guiding principles in the report. It was important to sensitise individuals and to help Governments implement the recommendations from the reports. Other speakers said the reports should have included greater reference to the positive role of the family in protecting children against violence and exploitation. Delegations also asked if the collaboration between civil society and the State worked seamlessly and if not, what needed to be done to ensure greater synergies and how could States provide greater protection of the rights of children, through their policies and practices

In the interactive discussion, the following countries and UN agencies spoke: Iraq on behalf of the Arab Group, Indonesia on behalf of the Association of Southeast Asian Nations, Egypt, the Russian Federation, United Nations Children's Fund, Uruguay, Slovakia, Belgium, Brazil, the European Union, Slovenia, Nigeria on behalf of the African Group, Sudan, Austria, Thailand, Pakistan on behalf of the Organization of the Islamic Conference, China, Cuba, the Maldives, Morocco, Finland, the Democratic Republic of Congo, Costa Rica, Algeria, Djibouti and Chile.

Speaking in a right of reply was Thailand.

The next meeting of the Council will be at 9 a.m. on Wednesday, 9 March when it will conclude its interactive dialogue with the Special Representative of the Secretary-General on violence against children and the Special Rapporteur on the sale of children, child prostitution and child pornography before holding its annual full day meeting on the rights of the child.

Documentation

The Report of the Special Representative of the Secretary-General on violence against children, Marta Santos Pais, (A/HRC/16/54), reviews progress in the priority areas of Special Rapporteur’s mandate, and highlights key initiatives promoted by the Special Representative to institutionalize regional governance structures and to strengthen strategic alliances with key partners at international, regional and national levels. In spite of a growing commitment across regions to address violence against children, this phenomenon continues to have a serious impact on the lives of millions of children. In this context, the report identifies areas of concern which will be given special attention by the Special Representative in 2011: a) promoting universal ratification of the Optional Protocols to the Convention on the Rights of the Child; b) conducting a global survey to assess progress in violence prevention and responses c) addressing violence in the context of education and of the administration of justice.

The Joint Report of the Special Rapporteur on the sale of children, child prostitution and child pornography and Special Representative of the Secretary-General on violence against children, (A/HRC/16/56), provides an overview of accessible and child-sensitive counselling, complaint and reporting mechanisms to address incidents of violence, including sexual violence and exploitation, and draws attention to positive developments and persisting challenges. The report also highlights legal obligations, roles and responsibilities of state institutions and other key stakeholders, and makes recommendations for the strengthening of these mechanisms to safeguard children’s right to freedom from all forms of violence.

The Report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Najat M’jid Maalla, (A/HRC/16/57), describes the activities carried out by the Special Rapporteur since her last report in September 2009.

Communications to and from Governments, (A/HRC/16/57/Add.1), is a summary of cases transmitted to governments and replies received. The report is currently unavailable.

Corrigendum, (A/HRC/16/57/Add.1/Corr.1), In the masthead of document A/HRC/16/57/Add.1, the date should read 14 February 2011, Page 19 After paragraph 84, insert a new subsection 2.

Mission to the United Arab Emirate (12 to 18 October 2009), (A/HRC/16/57/Add.2), explores the phenomena of the sale of children, child prostitution and child pornography in the United Arab Emirates, in the light of international human rights standards. Based on information gathered prior to, during and after this visit, the Special Rapporteur highlights the legislative initiatives and child protection strategies undertaken to address the phenomena of sale of children, child prostitution and child pornography, and child protection in general. She also examines international cooperation efforts in the area. Finally, the Special Rapporteur offers a number of recommendations with a view to contributing to strengthening ongoing efforts to combat and prevent the sale of children, child prostitution and child pornography, and to protect the rights of child victims of these practices.

Mission to Senegal (21 to 30 October 2009), (A/HRC/16/57/Add.3), explores the problems of the sale of children, child prostitution and child pornography in Senegal, in the light of international human rights standards, highlights the legislative initiatives and child protection strategies undertaken to address the problems of sale of children, child prostitution and child pornography, and to ensure child protection in general, examines international cooperation efforts in the area, and offers a number of recommendations to help strengthen efforts to combat and prevent the sale of children, child prostitution and child pornography, and to protect the rights of child victims of these practices.

Mission to El Salvador (23 to 31 August 2010), (A/HRC/16/57/Add.4), explores the issues of the sale of children, child prostitution and child pornography in El Salvador in the light of international human rights standards and the recent adoption of the law on the comprehensive protection of childhood and adolescence; highlights legislative initiatives, child protection policies and strategies undertaken to address the phenomena, as well as programmes available to protect child victims; examines international and regional cooperation efforts in the area; and makes recommendations with a view to contributing to strengthening ongoing efforts to combat and prevent the sale of children, child prostitution and child pornography and to protect the rights of child victims of these practices.

Mission to the United States of America (12 to 27 October 2010), (A/HRC/16/57/Add.5), explores the phenomena of the sale of children, child prostitution and child pornography in the United States of America in the light of international human rights standards; highlights the legislative initiatives, policies and initiatives undertaken at the federal and State levels to address the phenomena,
as well as the programmes available to protect child victims; examines international and regional cooperation efforts in the area and partnerships with the private sector; and makes a number of recommendations with a view to contribute to strengthening ongoing efforts to combat and prevent the sale of children, child prostitution and child pornography, and to protect the rights of child victims of these practices.

Presentation of Reports

MARTA SANTOS PAIS, Special Representative of the Secretary-General on Violence Against Children, said the past year had been crucial in advancing the process of follow-up to the recommendations of the United Nations Study on Violence against Children, in consolidating strategic partnerships within and beyond the United Nations System and in securing firm support to the mandate and establishment of the office. Significant efforts had been undertaken to raise awareness about the serious impact of violence on the enjoyment of children’s rights and to give visibility to child rights violations in the public debate and in the policy agenda. Significant legislative and policy measures had been undertaken at the national level to protect children from violence including the adoption of legislation to ban all forms of violence, the promotion of national action plans to prevent and address violence and the consolidation of data and research to access the magnitude and incidence of violence on children and to shed light on its root causes and to protect those at special risks. Strategic initiatives included the adoption of the Global Plan of Action to Combat Trafficking in Persons and the endorsement of the Roadmap for Achieving the Elimination of the Worst Forms of Child Labor, including sexual abuse and exploitation. In the area of the institutionalization of regional governance structures and the development of regional strategies to prevent and address violence against children, critical progress had been made, firstly significant political commitments had been undertaken in all regions towards violence prevention and response and secondly, in many cases there had been a high level monitoring mechanisms established to promote and assess progress in moving forward the recommendations of the United Nations study.

Violence continued to hamper the lives of millions of children around the world. Younger children were at special risk, having less ability to speak up and seek support and also greater chances of suffering irreversible emotional and health damage. Hidden and socially accepted violence against children remained confronted with passivity and indifference and perceived as a needed form of discipline or a topic difficult to bring into the open. The Special Representative would focus on three particular areas, first to continue to invest in the promotion of the universal ratification by 2012 of the Optional Protocols to the Convention on the Rights of the Child, including on the sale of children, child prostitution and child pornography which were now in force in 142 countries and only 50 countries were missing. Second, to conduct a global survey to assess progress in the prevention and elimination of all forms of violence against children and the Special Representative would, in the next few months, send requests for information to all Member States, and third she would place a special emphasis on violence in education and justice-related areas.

The United Nations Study on Violence against Children called for all States to support children with mechanisms that provided support such as telephone hotlines where children would have access to the support of professionals. The report stated that there were fragmented initiatives which were not connected and not part of a robust child protection system. One finding of the report was that the mechanisms were not accessible to the most vulnerable children, especially those living in the streets, and that many children lacked trust in the services, fearing they would be judged and not assisted. There was a special challenge in the case of sexual exploitation and abuse where, in a large number of cases, those who committed the abuse were known and trusted by the children. Professionals lacked training and guidance on how to identify early signals of violence, where to report the violence and assurances that they would be protected. There was also a lack of communication among professionals from the medical and legal spheres.

NAJAT MAALA M’JID, Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, began by presenting her thematic report before moving on to her report on the four countries visited since September 2009. On the issue of reinforcing and guaranteeing the effective protection of children against violence, including sexual exploitation, the Special Rapporteur recommended the establishment of clear legal procedures and mechanisms to deal with offenders and also to protect child victims. These mechanisms needed to be physically and geographically accessible to all children and available in a language that was comprehensible and adapted to the age, gender, handicap and background of the child. In order to be effective, such mechanisms needed to be incorporated into national policies on the protection of children and also needed to guarantee the privacy of the children concerned. In addition, these mechanisms had to be subject to regular evaluations and should be strengthened, supported and monitored by regional and national institutions concerned with the protection of the rights of the child.

Moving to the country-specific report, the Special Rapporteur commended the United Arab Emirates for their efforts, following her visit there in October 2009. She congratulated the important initiatives taken by the Government to combat the mistreatment of children, particularly with the support given to child camel jockeys, who the Government aimed to protect and reintegrate in their countries of origin. In Senegal, the Special Rapporteur noted troubling instances of abuse and sexual exploitation of children. However, the political will of the Government of Senegal was obvious and she noted their attempts to address situations of child abuse. She also noted the significant reforms that had been implemented to protect children against being sold, many of whom ended up being exploited as street beggars. However, many challenges remained, including the implementation of an effective national strategy to protect children and she recognised that many of these challenges were linked to the lack of financial resources. Briefly describing her visit to the United States, the Special Rapporteur noted the important steps taken by the Government to combat cybercrime, child pornography and child trafficking. Nevertheless, challenges remained in the United States, particularly with respect to the harmonisation of laws amongst the 50 states as well as between state and federal laws. The Special Rapporteur concluded by reminding the Members of the Council of the transnational dimension of child abuse and the sexual exploitation of children and, as such, she stated that solutions also needed to take on a transnational form.

Statements by Concerned Countries

CARMEN ELENA CASTILLO (El Salvador), speaking as a concerned country, thanked the Special Rapporteur for the presentation of her report. The Government of El Salvador had implemented important changes with regard to human rights which included a rethinking of the relations between the State and the human being based on the recognition of human dignity as fundamental to essential human rights.
With a five-year plan El Salvador was guaranteeing human rights, the fight against poverty, access to food as well as education, health and decent work. With this plan they were creating access to rights and conditions that helped to alleviate the causes of sexual exploitation of children. In November 2009, the Institute for the Integral Development of Childhood and Adolescence started a process of building general guidelines for the national plan for the integral protection of childhood and adolescents. This process was an attempt to identity the main problems which affected the full enjoyment of children’s rights. The Government had established a national committee to apply the recommendations of the international human rights mechanisms. El Salvador aligned itself with the report and said that it would take measures to promote the fulfillment of the human rights of children and adolescents. They requested the High Commissioner to provide El Salvador with technical assistance and capacity building in order to implement the mechanisms which guaranteed the integral protection of children and adolescents against their sale, prostitution and pornography.

MOHAMED LAMINE THIAW (Senegal), speaking as a concerned country, said concerning the October 2009 visit by the Special Representative, Senegal would like to contribute to the consolidation of the report. To comply with international standards, Senegal had prepared a draft law to define and punish the sale of children. Senegal had organized adoption procedures inspired by the Hague Convention and in line with standards in international adoption so as not to allow the adoption procedure to be used for the trafficking of children. The marriage age would be raised to 18 years. There existed a court for children in every region in the country and there was a child court for each of the 44 departments and children were placed in special detention centers in the penal system. Concerning access to care and legal services for minors, the Government had constructed three centres for victims of violence dedicated to helping victims. Minors could benefit from a legal assistance fund and this would be strengthened. Regarding young persons studying the Koran, the State would like to modernize religious studies. Police services benefitted from capacity building measures including the establishment of a minor brigade. Senegal would continue to work with the Special Representative.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates), speaking as a concerned country, thanked the Special Rapporteur for her report and, more specifically, for her visit to the United Arab Emirates in 2009. During her visit, she had the chance to meet with Government officials as well as representatives of non-governmental organizations from around the country. The United Arab Emirates was committed to combating child pornography as well as the sale of children and the Government would continue to work towards their eradication. The United Arab Emirates had also acceded to UN instruments concerning trafficking of persons and had allocated financial resources to deal with this issue. Other initiatives specific to the protection of the rights of the child included the proposed establishment of a Parliament for children, which would serve as a platform to listen to and take on children’s experiences and ideas.

With respect to child pornography, the Government had explored a number of solutions as well as legal reforms to effectively try convicted criminals. Also, a national hotline had been established to receive complaints of child abuse and centres had been set up to receive women and children victims of human trafficking. On the issue of the sale of children, the criminal code had been reinforced to condemn all forms of slavery. Moreover, the Government was in the process of establishing a law for the compulsory and free education of all children, as was the case in many other countries. Finally, certain draft laws were currently under consideration by the Government to protect the rights of children and to further align domestic laws with the country’s international obligations.

SARAH CIACCIA (United States), speaking as a concerned country, welcomed the visit of the Special Rapporteur on the sale of children, child prostitution and child pornography in October 2010. The United States remained fully committed to making meaningful progress on combating the sale of children, child prostitution and child pornography. They believed the work of the Special Rapporteur was beneficial to strengthening efforts to combat them internationally, and it was also critical to effectively improving prevention. The United States carefully reviewed the Special Rapporteur’s report and would continue to consider it as they reviewed policies and programmes in the various areas it addressed. The United States agreed that the prevention of the sale of children, child prostitution and child pornography as well as awareness-raising and capacity building were key to eradicating these problems. Through cutting edge cyber-technology they continued to further improve the coordination by federal and state authorities in the identification and detection efforts of on-line child pornography. They found it also necessary to establish better identification and detection mechanisms in order to gain a broader understanding of the scope of these crimes and ensure that, for example, children in prostitution were treated as victims and received all the necessary support and services.

Interactive Dialogue

BASHAR AL-NUAIMEE (Iraq), speaking on behalf of the Arab Group, said that children’s rights were safeguarded in Arab States and that Arab States had cooperated with the Special Representative. Regarding the Report on Violence against Children, the Arab Group would like to follow up on the high-level conference that occurred in the Marrakesh meeting which criminalized exploitation, violence and abuse against children. The Arab Group would like to emphasize the Arab States’ commitment to eliminate violence against children. The Special Representative’s cooperation with the steering committee of the Arab League should help to increase the adoption of the report’s recommendations. The visit to the United Arab Emirates by the Special Rapporteur on the sale of children, child prostitution and child pornography was useful and the joint thematic report with the complaints mechanism for children was important and the Arab States would attempt to realize these recommendations. The Arab Group would like to draw the Council’s attention to the Israeli occupation of Arab land and the violence and intimidation that the children living in these lands were subjected to and which constituted a violation of their human rights.

DESRA PERCAYA (Indonesia), speaking on behalf of the Association of Southeast Asian Nations, said that no country in the world was immune from child abuse and terrible acts of violence against children. The South East Asian Region was no exception and the promotion and protection of the rights of every child remained key priorities of the countries in the region. High rates of poverty continued to afflict the region, making children more vulnerable to physical, psychological and sexual violence. The protection of children from violence therefore continued to be of the highest priority for the members of the Association of Southeast Asian Nations, all of which had ratified the Convention on the Rights of the Child. The countries had also undertaken a number of initiatives, including the signing of the commitment to combat hunger, malnutrition, deprivation and poverty in the region. It was not a secret that the Association of Southeast Asian Nations faced enormous challenges in effectively monitoring and eradicating the sale and sexual exploitation of children and a number of steps had been taken to improve the situation. One of them was the 2004 Association of Southeast Asian Nations Declaration against Trafficking in Persons, Particularly Women and Children, which expressed the urgent need for a comprehensive regional approach to prevent and to combat trafficking in persons.

BASSEL SALAH AHMED (Egypt) said that Egypt had always devoted special attention and priority to the rights of the child and was among the first 20 countries to ratify the Convention on the Rights of the Child in addition to ratifying its two Optional Protocols. Egypt was committed to the cause of advancing these rights through its national efforts and collaborating with the relevant human rights mechanisms at the regional and international levels. At the national level in Egypt, the National Council for Childhood and Motherhood, the national body mandated with coordinating and monitoring the realisation of the rights of the child, established a mechanism in 2005 to receive and address complaints on child abuse and other violations against children. In addition, these mechanisms continued to play an important role in providing physical and psychological recovery, rehabilitation and reintegration of child victims. In closing, Egypt added that the reports should have included greater reference to the positive role of the family in protecting children against violence and exploitation.

KRISTINA SUKACHEVA (Russia) said that Russia wished a happy International Women’s Day to all women. Russia welcomed the efforts of the Special Representative and the Special Rapporteur and looked forward to the Special Representative’s upcoming visit to the Russian Federation. Russia encouraged all Member States to adopt the Convention on the Rights of the Child to eliminate violence against children. Russia supported the idea for a need for a more careful, detailed study on violence against children and said it was important to create counseling centers that were accessible to children and which provided confidentiality. In Russia, hotlines were created and advertised in public places such as pubic transport.

KIRSI MADI (United Nations Children’s Fund) said that the United Nations Children’s Fund highly valued the collaboration established with the Special Representative of the Secretary-General on violence against children at global, regional and national levels and looked forward to a continuous fruitful partnership. The United Nations Children’s Fund supported the three priority areas identified by the Special Representative: the development of a national comprehensive strategy in each State, the introduction of a legal ban on all forms of violence against children in all settings and the promotion of a national data collection system and research agenda on violence against children. The joint report of the Special Representative and the Special Rapporteur on the sale of children, child prostitution and child pornography on child-sensitive counselling, complaint and reporting mechanisms, provided a valuable overview of those mechanisms in different regions. The United Nations Children’s Fund urged Member States to establish and strengthen the development of child-sensitive counselling, complaint and reporting mechanisms to address different forms of violence.

PAULINE DAVIES (Uruguay) thanked the Special Representative and Special Rapporteur for their very informative reports and hard work. The results of the reports were extremely important in safeguarding and guaranteeing the rights of children. Uruguay took note of the practical recommendations on how to expedite the process of protecting child rights, as highlighted in the seven guiding principles in the report. It was important to sensitise individuals and to help Governments implement the recommendations from the reports. In Uruguay, since 2007, a comprehensive system had been established to protect children and adolescents, with a specific focus on health. Additionally, a hotline was made available to children in vulnerable solutions and public awareness campaigns were created to inform Uruguayan youth of their rights and where to turn to in cases of abuse and sexual violence.

FEDOR ROSOCHA (Slovakia) said Slovakia would like to commend the experts for preparing a comprehensive and valuable document that constituted a useful tool for States and other stakeholders, including the Human Rights Council. Slovakia appreciated the inclusion of views of young people into the methodology of the joint report’s preparation. The report stated the existence of a good compendium of international and regional standards of high quality and effective counseling, complaint and reporting mechanisms but concluded that these standards were not always mirrored in mechanisms at the national level. Slovakia should soon adopt the new Optional Protocol to the Convention on the Rights of the Child. The delegation would like to ask the experts to please provide advice on how the optimal mandatory reporting system should be created and applied so that its negative effects would be avoided or minimized. And could the experts also specify what should be the best approach in cases of very young children and how would the experts consider imposing age limits for children to the right to seek judicial remedy. The Slovakian Government extended its strong support to the work by both experts.

YANNICK MINSIER (Belgium) pointed to the Belgian plea for a child-friendly procedure during the meetings of the Working Group on a draft Optional Protocol to the Convention on the Rights of the Child to provide a communications procedure. An effective access for children to the Committee on the Rights of the Child would be an important step forward in the light of some recommendations made in the joint report. The conference on the issue of “runaways” organised in 2010 had revealed that the understanding of the problem of runaways must be recognised. Awareness-raising concerning this problem and exchange of information concerning prevention and assessing this problem needed to be promoted. Belgium supported the renewal of the mandate of the Special Rapporteur on the sale of children, child prostitution and child pornography. In conclusion, Belgium asked about the most effective ways to inform children and their families about children’s rights, remedies to address violence and available support and assistance services.

MELINA MAIA (Brazil) said that combating all forms of violence against children, including child prostitution and pornography, was at the top of the Government’s priorities. To this end, Brazil supported an extensive array of federal, state and local public policies aimed at promoting child welfare and protecting children from abuse and violence. The joint report recommended that mechanisms be established, including telephone help lines through which children could report abuse and ask for support and advice. Despite the progress made in raising the global awareness of the fight against the sexual exploitation of children, significant challenges remained. In conclusion, Brazil said that while it supported the approach of the joint report, it believed that the struggle to protect children from violence required a holistic approach, with the support of all members of society, and called upon all States to share best practices in this area.

DAVIDE ZARU. (European Union) said the European Union attached great importance to both mandates since the promotion and protection of the rights of the child was one of their main policy objectives and they were strongly committed to transform policy objectives into action. To this direction, they had adopted “An European Union Agenda for the Rights of the Child” which focused on a number of concrete actions in areas where the European Union could bring real added value, as well as the “Commission’s Strategy” for the effective implementation of the Charter of Fundamental Rights of the European Union. They also continued to implement the “European Union Guidelines on the Rights of the Child” and they worked together and maintained a dialogue with all stakeholders through the “European Forum for the Rights of the Child”. Regarding the recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography to all countries to establish by 2013 national human rights institutions, in order to safeguard children’s freedom from violence, including through child-sensitive counseling, reporting and complaint mechanisms, the European Union would like to have her opinion on how the Human Rights Council could help promote this process worldwide.

URSKA CAS SVETEK (Slovenia) said that in Slovenia children could seek assistance and protection from different forms of violence and abuse at police stations, social work centres, crisis centres for children and adolescents and relevant non-governmental organizations. In case of violation of their rights, children could also turn to the human rights ombudsman, while several cost-free help lines provided help and counselling to children. Slovenia had adopted rules of procedures for professionals working in social protection, education, health and the police, in accordance with the 2008 Family Violence Act which imposed the obligations to report domestic violence when the victim was a child. A strong partnership between the Government, its institutions and civil society organizations had been developed in recent years. Concerning the recommendation in the report that children and those acting on their behalf should have access to international and regional mechanisms when domestic ones failed them, Slovenia said it was a firm supporter of a strong Optional Protocol providing a communication procedure under the Convention on the Rights of the Child. Slovenia asked the Special Representative of the Secretary-General and the Special Rapporteur on the sale of children, child prostitution and child pornography what their opinion was on the importance of international and regional mechanisms for the development of effective and child-sensitive mechanisms to address incidents of violence against children at the national level.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, said that all forms of violence against children, including physical, mental, psychological as well as sexual violence, were not only abhorrent but also condemnable. The African Group believed that it was necessary to establish effective and child-sensitive counseling mechanisms, with a view to stemming the tide of the alarming increase of incidents of violence against children across the world. The African Group welcomed the recommendation that awareness-raising efforts should be promoted to inform children and their families about children’s rights. In closing, the African Group stated that concerted efforts towards the prevention and protection of children from all forms of violence should require strengthening of cooperation at the international level. In this regard, the African Group asked the Special Representative to shed further light on her efforts in that direction.

HAMZA OMER HASSAN AHMED (Sudan) said Sudan took a favorable view of the report of the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Representative of the Secretary-General on violence against children and they took into account the recommendations of the report. In 1990 Sudan acceded to the Convention; in 2002 they acceded to the Optional Protocol on the protection of children in armed conflicts; and in 2004 they became a party to the Optional Protocol on the sale of children, child prostitution and child pornography. These Protocols were now part of their national legislation. At the regional level Sudan acceded to the regional protocol on the protection of the rights of the child. They were also a party to its optional protocol and established a mechanism to protect the rights of the child, in corporation with United Nations Children’s Fund. They had established other mechanisms to protect the human rights of the child such as a unit which considered complaints of violations of the rights of the child and provided to the public free telephone lines to receive such complaints.

GEROLD VOLLMER (Austria) said Austria particularly commended the two mandate holders for having included the voices of young people in the elaboration of their joint report. In their report the mandate holders had pointed at the important services provided by civil society and community-driven organizations in providing counselling services that often reached children where States could not. Austria asked if the collaboration between those services by civil society and the State worked seamlessly and if not, what needed to be done to ensure greater synergies. Austria warmly welcomed the special emphasis on children in detention in the report of the Special Representative of the Secretary-General on violence against children, in which she mentioned there was a lack of available data on the situation of children within the criminal justice system. Austria wished to know how this could be improved while safeguarding the child’s right to privacy. Another issue of concern to Austria was the situation of children of imprisoned parents and other primary care givers. How could States provide greater protection of the rights of children though their policies and practices?

SAISUREE CHUTIKUL (Thailand) said that Thailand was committed to protecting the rights of children. The Thai Government had conducted a research study with 50,000 people, supported by UNICEF Thailand, to find out what kind of violence had been inflicted on child victims in Thailand. Many of the victims suffered from mental health and a number of them had even attempted suicide. A more positive approach was required by schools and parents to address these issues. In many instances, children in orphanages were also neglected and abused and this vulnerable group should not be overlooked. The delegation concluded by asking the Special Rapporteur to further elaborate on the measures that could be taken by the Thai Government to better detect, address and redress child victims of physical and sexual violence.

MUHAMMAD KHALID JAMALI (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the Organization of the Islamic Conference condemned all forms of violence against children, including physical, mental, psychological as well as sexual violence. They were of the view that due to the alarming increase of violence against children around the globe, there was a need for effective and child-sensitive counseling mechanisms in order to prevent or respond to incidents of violence. In this regard, the Organization of the Islamic Conference fully supported the views expressed in the report that child-counseling should be conveyed in a manner adapt to their age, maturity and circumstances, in language children could understand and which was gender and culture-sensitive. These were important parameters for child-centered mechanisms that could not be overlooked. The Organization of the Islamic Conference agreed with the assessment made in the report that violence against children was surrounded by stigma and secrecy. They were of the view that counseling and reporting services at the community level through informal ways could encourage children and their family members to speak out against the incidents of violence. In conclusion, the Organization of the Islamic Conference Member States took note of the three areas identified by the Special Representative which would be given special attention in the discharge of her mandate in 2011. They expected that by addressing violence against children in the context of education as well as in the administration of justice they would be observing an improved situation on the ground.

GU YINGYING (China) said that China appreciated the efforts by the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Representative of the Secretary-General on violence against children. The Chinese Government was resolute in combating violence against children and the sale of children. The Government had taken integrated approach for this purpose and had launched an awareness campaign on root causes, punished severely the offences and provided support and assistance to victims. In 2007, the Government had formulated the National Plan of Action to Combat Trafficking in Persons, particularly women and children. China prohibited and severely punished the production and use of child pornography. The Government at different levels took seriously the fight against criminal activities against children. Publicity campaigns and training courses were offered to the public at large and to those involved in the work with children. In addition, a legal assistance network had been established, supported by associations and institutions of higher education, to guarantee children’s access to legal services. China had actively participated in international cooperation regarding the fight against the sale of children, child prostitution and child pornography and had fulfilled its international obligations. Together with the United Nations Children’s Fund and other international organizations, China had launched joint projects to combat the sale of children and had achieved very good results. In conclusion, China recommended that the international community increase financial and technical assistance to developing countries to combat violence against children and the sale of children, child prostitution and child pornography.

LUIS ALBERTO AMOROS NUNEZ (Cuba) thanked the Special Representative and the Special Rapporteur for their well constructed reports. Due to the global financial crisis, many children had fallen into despair and were victims of slavery, abuse, organ trafficking, working in mines and sexual exploitation. Governments had to do more to prevent the proliferation of these forms of violence and, moreover, the best interests of the child should always be at the centre of relevant Government policies. It was also essential to establish a fair and equitable international environment to allow for the effective realisation of children’s rights. Cuba pointed out that as a result of the Cuban revolution, all citizens were considered equal and, in spite of the economic blockade imposed on Cuba by the United States, Cuban children had always been protected.

IRUTHISHAM ADAM (Maldives) said that promoting and protecting the rights of children and eliminating all forms of violence against them were among key priority areas for the Maldives in its wider efforts to protect and safeguard basic human rights. This was evident even from the constitution of the Maldives, which explicitly prohibited violence against children and from existing legislation such as the Child Rights Act of 1991 as well as the Employment Act of 2008, protecting children from social and economic exploitation. This legislation was however inadequate when it came to addressing the growing number of child abuse cases and especially where prompt action was required; hence raising the need for a more comprehensive child protection legislation with a clear definition of the types of acts which amounted to violence and implementation of guidelines for enforcement. The Maldives recently hosted a Conference on Child Rights with the assistance of the United Nations Children’s Fund, which resulted in the formulation of a working group amongst key government stakeholders to implement a National Strategy to prevent and respond to all forms of violence against children as recommended by the Special Representative of the Secretary-General on violence against children in her statement to the conference. This working group would also assist in the drafting of the new child rights bill and the resulting government policies.

ANISSA KHAZZANI (Morocco) said Morocco thanked the Special Representative and the Special Rapporteur for the quality and relevance of their reports and noted the clusters aimed at promoting the protocols and the mechanisms to combat violence. Morocco had implemented a new family code and a criminal code and had adopted a National Plan of Action worthy of its children involving all stakeholders. Units for the protection of children were established throughout the kingdom and remedy mechanisms would be established to facilitate access for complaints. Broad based media campaigns had been organized by civil society groups to raise awareness at several levels. The Government had ratified all instruments including the Convention on the Rights of the Child and its two Optional Protocols. Morocco appreciated the large number of visits around the world of the Special Rapporteur and noted the challenges that remained, in particular the lack of resources, and encouraged an exchange of information of good practices, especially at the regional level which Morocco relied on for international cooperation.

PEKKA METSO (Finland) said that the joint report provided an exemplary model of cooperation between experts whose mandates were closely connected. The report gave invaluable information on the use of child-sensitive counselling, and complaint and reporting mechanisms in combating violence against children. Finland remained committed to safeguard children’s right to freedom from all forms of violence and its national experience on ending the use of corporal punishment supported the findings of the report on the high importance of training, awareness raising and information. Finland banned corporal punishment in 1984 and was one of the first countries to do so. Prohibition was only part of the solution, providing information and education to increase awareness and change attitudes was also important. Finland asked the Special Representative of the Secretary-General and the Special Rapporteur about their views on the role of an ombudsman for children vis-à-vis to a national human rights institution. Which institution was better fitted to promote the rights of the child, including protection from violence?

LUC-JOSEPH OKIO (Congo) said that Congo was committed to fulfilling its obligations deriving from the Convention on the Rights of the Child to which Congo was a party and took into account the recommendations made during the Universal Periodic Review in 2009 by ratifying the two Optional Protocols to the Convention; the Optional Protocol on the sale of children, child prostitution and child pornography was ratified on 27 October 2009 and the Optional Protocol for the protection of children in armed conflict was ratified on 24 September 2010. Emphasis had been made to modernise the justice system and in 2010 the promulgation of a law to protect children had been an important step forward. Partnership had been also established with civil society with a view to sensitize the population. As the Special Rapporteur and the Special Representative of the Secretary General indicated, Congo believed that it was necessary to strengthen international cooperation which was an important tool to combat children’s sexual exploitation.

NORMAN LIZANO (Costa Rica) said Costa Rica thanked the Special Representative of the Secretary-General and the Special Rapporteur for their reports. The theme of violence against children required preventive measures and Costa Rica appreciated the Road Map jointly drafted with the International Labour Organization for the elimination of child labour by 2016. Costa Rica noted that the report focused on efforts on child complaints and mechanisms and encouraged countries that had not responded to the Special Representative’s request for visits to do so. The particularities of children should make it easier to empower them with their rights. Within the international framework the Optional Protocols were a good complement to the international mechanisms in existence.

IDRISS JAZAIRY (Algeria) said Algeria deplored continuing violence against children including sexual violence and sexual exploitation against children and welcomed the establishment of a child-sensitive mechanism that permitted children to report abuses and receive support and advice. The particularity of the legal status of the child raised the issue of the right of the child to lodge complaints as well as the guarantees that the mechanisms were not misused. Algeria thanked the Special Representative of the Secretary-General on violence against children for her report and said that the Algerian Government was committed to the promotion and protection of the rights of the child. It had ratified the Convention on the Rights of the Child and its two Optional Protocols. Algeria was also a party to the African Charter on the Rights and Welfare of the Child, which provided a communication procedure. At the national level, Algeria referred to the National Plan 2008-2015 to promote the rights of the children and their well-being as well as to provide wider protection against all forms of violence, ill-treatment, abuse and negligence for children. Corporal punishment was formally prohibited in the school environment and child health workers must declare all cases of violence against children. In 2004, Algeria established a National Committee to monitor the realisation of the rights of the child.

AHMED MOHAMED ABRO (Djibouti) said Djibouti thanked the Special Rapporteur and the Special Representative of the Secretary-General for the quality of their reports and welcomed the progress made in the area of combating violence against children. The report stressed that progress at the regional and international levels had been made to protect children rights and it was important that everyone considered this phenomenon of violence against children in order to better combat its causes. Djibouti encouraged the Special Rapporteur and the Special Representative of the Secretary-General to continue their efforts to protect children who were victims of violence and encouraged them to continue cooperation with all stakeholders. Djibouti encouraged the two mandate holders to continue their activities to prevent violence against children and welcomed the focus given to regional and international cooperation to prevent the sale of children.

KARIN HECHENLEITNER (Chile) said Chile appreciated the presentations given by the experts. Violence against boys and girls, particularly sexual violence, existed in all societies and in order to prevent it a voice should be given to the victims. Chile recognized this early on and supported Optional Protocols to support this policy. Chile agreed with the Special Representative’s report on violence against children that there was a need for national systems to compile, analyze and disseminate data on violence against children. Chile urged all countries to do more to implement national actions and protective effective mechanisms to protect children that would change social standards that tolerated violence against children. In Chile 18 May was declared the National Day Against Child Sexual Exploitation. Chile supported the draft resolution that the European Union would present at this session of the Council on children living in the streets.

Right of Reply

SEK WANNAMETHEE (Thailand), speaking in a right of reply, said that the purpose was not to rebut the statement by a non-governmental organization this morning. Thailand did not condone enforced or involuntary disappearances and had conducted investigations in all the cases that had been brought to its attention. Some of the cases were complicated and required time to understand. In most cases, Thailand had provided information as soon as it became available. It was true that the case referred to by the non-governmental organization this morning had been long, but that case was complicated as well. In closing, Thailand reaffirmed its commitment to cooperation with all relevant international instruments.

For use of the information media; not an official record

HRC11/023E