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Abbreviation | CRC |
---|---|
Formation | 1991 |
Type | United Nations Committee |
Legal status | Active |
Headquarters | Geneva, Switzerland |
Head | Chair Ann Marie Skelton |
Website | www.ohchr.org/en/hrbodies/crc |
The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child. [1] [2]
The committee also monitors the convention's three optional protocols: the Optional Protocol on the Involvement of Children in Armed Conflict, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography and the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure. [3]
The CRC is one of the ten UN human rights treaty-based bodies. [4] The committee was created by the convention on 27 February 1991. [5] The committee is made up of 18 members from different countries and legal systems who are of 'high moral standing' and experts in the field of human rights. Although members are nominated and elected by States party to the convention, committee members act in a personal capacity. They do not represent their countries' governments or any other organization to which they might belong. Members are elected for a four-year term and can be re-elected if nominated.
The 196 states that have ratified the convention ("States party to the Convention") (which includes all UN member states except the United States, South Sudan ratified on 23 January 2015, Somalia's domestic ratification finished in January 2015 and the instrument was deposited with the United Nations in October 2015. [6] ) are required to submit initial and periodic reports on the national situation of children's rights to the committee for examination. The committee examines each report and raises concerns or makes recommendations to the State party. It also issues occasional general comments on the interpretation of particular Convention obligations. Once a year, the committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child. [7] [8]
Individual complaints may be considered only under certain conditions by the committee, as is the case with other committees established by international human rights treaties. [9] The case of Gendhun Choekyi Nyima, 11th Panchen Lama, was considered by the committee on 28 May 1996, as well as at other later dates. [10]
In November 2014, for the first time, the committee joined with the Convention on the Elimination of All Forms of Discrimination against Women to release a comprehensive interpretation of the obligations of States to prevent and eliminate harmful practices done to women and girls. [11]
The current members of the Committee on the Rights of the Child are listed on the Web site of the Office of the UN Commissioner for Human Rights. [12] Information on former CRC members is linked from the same Web page. The current president of the committee is Luis Pedernera, a children's rights expert from Uruguay. [13] As of 2022, the committee chair is international human rights lawyer Mikiko Otani. [14]
In February 2014 the committee, after interviewing two top officials of the Catholic Church, published observations [15] described as "a scathing indictment of the Vatican’s handling of child sexual abuse cases involving clerics, releasing a report that included criticism of church teachings on homosexuality, gender equality and abortion". [16] The Holy See released a critical statement and said that it did not appreciate being asked to change its position on issues it considered immutable. Archbishop Silvano Tomasi, the Holy See's permanent observer at the UN, said that he suspected pro-gay-rights NGOs had influenced the committee and "reinforced an ideological line" in the UN. Advocates for the survivors of clerical sex abuse welcomed the committee's findings. [17] [18]
Each year, the committee on the Rights of the Child holds an international Day of General Discussion, bringing together experts and civil society members to discuss important children's rights issues with the committee. In 2021, the Day of General Discussion focuses on alternatives to institutional care for children. In particular, it aims to, “Create meaningful engagement for children and young people who have experience of the child protection system and/or of living in alternative care of any type so they can voice their opinions on what constitutes quality care and advocate for legislative and systemic changes.” [19]
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of July 2020, the Covenant has 171 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC), also known as the child soldier treaty, is a multilateral treaty whereby states agree to: 1) prohibit the conscription into the military of children under the age of 18; 2) ensure that military recruits are no younger than 16; and 3) prevent recruits aged 16 or 17 from taking a direct part in hostilities. The treaty also forbids non-state armed groups from recruiting anyone under the age of 18 for any purpose.
The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography is a protocol to the Convention on the Rights of the Child and requires parties to prohibit the sale of children, child prostitution and child pornography.
Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.
Gedhun Choekyi Nyima is the 11th Panchen Lama belonging to the Gelugpa school of Tibetan Buddhism, as recognized and announced by the 14th Dalai Lama on 14 May 1995. Three days later on 17 May, the 6-year-old Panchen Lama was kidnapped and forcibly disappeared by the Chinese government, after the State Council of the People's Republic of China failed in its efforts to install a substitute. A Chinese substitute is seen as a political tool to undermine the reincarnation of the Dalai Lama, which traditionally is recognized by the Panchen Lama. Gedhun Choekyi Nyima remains forcibly detained by the Chinese government, along with his family, in an undisclosed location since 1995. His khenpo, Chadrel Rinpoche, and another Gelugpa monk, Jampa Chungla, were also arrested. The United Nations, with the support of numerous states, organizations, and private individuals continue to call for the 11th Panchen Lama's release.
Human rights in Somalia throughout the late 20th-century and early 21st-century were considered dire, but have gradually improved over the following years. Human rights are guaranteed in the Federal Constitution, which was adopted in August 2012. They fall under the Ministry of Human Rights established in August 2013. The central authorities concurrently inaugurated a National Human Rights Day, endorsed an official Human Rights Roadmap, and completed Somalia's first National Gender Policy.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
The United States has signed the United Nations Convention on the Rights of the Child (UNCRC); however, it remains the only United Nations member state to have not ratified it after Somalia ratified it in 2015.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of October 2023, the Protocol has 46 signatories and 28 state parties. It entered into force on 5 May 2013.
The Committee on the Rights of Persons with Disabilities is a United Nations body of 18 experts that meets two times a year in Geneva to consider the reports submitted by 164 UN member states on their compliance with the Convention on the Rights of Persons with Disabilities (CRPD), and to examine individual petitions concerning 94 States Parties to the Optional Protocol.
Human rights in Liberia became a focus of international attention when the country's president, Ellen Johnson Sirleaf, was named one of the three female co-winners of the 2011 Nobel Peace Prize, all of whom were cited "for their non-violent struggle for the safety of women and for women's rights to full participation in peace-building work".
Equatorial Guinea is known for human rights abuses. Under the current government it has "limited ability of citizens to change their government; increased reports of unlawful murders of civilians by security forces; government-sanctioned kidnappings; systematic torture of prisoners and detainees by security forces; life threatening conditions in prisons and detention facilities; impunity; arbitrary arrest and detention and incommunicado detention; harassment and deportation of foreign residents with limited due process; judicial corruption and lack of due process; restrictions on the right to privacy; restrictions on freedom of speech and of the press; restrictions on the rights of assembly, association, and movement; government corruption; violence and discrimination against women; suspected trafficking in persons; discrimination against ethnic minorities; and restrictions on labor rights."
UNICEF Malaysia is one of over 190 national offices of the United Nations Children’s Fund. Since its establishment in 1954, UNICEF Malaysia has been on the ground to uphold the rights of children in Malaysia, including their right to an education, healthcare and protection from abuse and exploitation. It also advocates for political change in support of children, and works with partner organizations from the public, charity and private sectors, to effect change. It is a Malaysian affiliate of the UNICEF.
Children's rights in Malaysia have progressed since Malaysia acceded to the Convention on the Rights of the Child (CRC) in 1995 and introduced the Child Act in 2001.
The Islamic Republic of Iran signed the UN Convention on the Rights of the Child (CRC) in 1991 and ratified it in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."
Portugal is generally considered as successful in upholding the civil liberties and protecting the human rights of its citizens. Portugal has proved to be determined in promoting and respecting human rights at an international and national level. The country's minister of Justice as of September 2018, Francisca Van Dunem, said that Portugal has had "a good track record" on human rights but violations still do persist.