Presentation on theme: "International Legal Instruments"— Presentation transcript:
1 International Legal Instruments FundamentsOne of the recommendations the Prophet, Peace Be Upon Him, made to army commanders was: “Set forth in the name of Allah, with (the help of) Allah and in adherence to the religion of the Prophet, Peace be Upon Him. Do not kill any old person, any child or any woman.States have the primary responsibilityChildren have certain additional rights
2 Main legal instruments, which apply to children in emergencies National InstrumentsInternational Humanitarian LawThe four Geneva Conventions of 1949 and their two Additional Protocols of 1977Human Rights LawConvention on the Rights of the Child (CRC), 1989UN Security Council ResolutionsThe seven Security Council ResolutionsA fundamental element of child protection is the recognition that States have the primary responsibility for ensuring the human rights of all persons within their jurisdiction. Children share protected universal human rights with all other persons.Because of children's dependence, vulnerability and developmental needs, they also have certain additional rights. The legal basis for prioritized action on behalf of children is well established in international law. Familiarity with relevant laws provides the framework within which those who work on behalf of children should operate, and is the central component in a rights-based approach to programmingNote the difference between legally binding and non-binding legal instruments:Treaties, such as conventions or covenants, are formal legal texts to which States become parties and are “hard law”, and legal binding obligations.Other instruments, such as declarations, principles or rules, are non-binding on States, and are “soft law”. They are often more detailed than those found in treaties, and can therefore complement hard law. These instruments are authoritative standards because States participated in their elaboration and they reflect international consensus, i.e. States did not object to the provisions they contain. An example, of soft law is the Paris CommittmentsUNICEF
3 The fourth Geneva Convention relative to the protection of civilian persons in time of war Art 14…safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.Art 23…free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.NB; The fourthReferred to as the law of war:applies in times of armed conflict – international and non-international - and which protects children and adults who are not or no longer taking direct part in hostilities and regulates the means and methods of warfare.UNICEF
4 The Additional Protocols to the Geneva Conventions Additional Protocol I relating to the protection of victims of international armed conflictsArt 77. Protection of children ..be the object of special respect and shall be protected against indecent assault. .. provide them with the care and aid they require,.. .. take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilitiesAdditional Protocol II relating to the protection of victims of non-international armed conflictsArt. 4 Children shall be provided with the care and aid they requireThe Additional Protocols to the Geneva ConventionsAdditional Protocol I relating to the protection of victims of international armed conflictsAdditional Protocol II relating to the protection of victims of non-international armed conflicts////////////////Art 77. Protection of children1. ..be the object of special respect and shall be protected against indecent assault. .. provide them with the care and aid they require,..2. .. take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities/////////////Art. 4Children shall be provided with the care and aid they requireUNICEF
5 Human Rights Law Convention on the Rights of the Child Seeks to protect basic human rights at all times.Certain rights may be suspended in emergencies.HRL is monitored by courts and treaty bodiesConvention on the Rights of the ChildThe highest standards of protection for childrenMost widely ratifiedApplies to all children at all timesSeeks to protect basic human rights at all times. Certain rights may be suspended in emergencies; however, the Convention of the Rights of the Child is applicable at all times. HRL is monitored by courts and treaty bodiesThe United Nations Convention on the Rights of the Child (CRC) provides a comprehensive code of civil, political, economic, social and cultural rights that offer the highest standards of protection and assistance for childrenAll but two countries are parties to the Convention (Somalia and the USA are the exceptions)Including during emergencies and war. None of the rights it prescribes are derogable, meaning that none of them can be suspended under any circumstancesNot only on a description of children’s rights, but also a description of what is expected of us as Humanitarian workers.UNICEF
6 Universal Declaration of Human Rights Convention on the Rights of the ChildArticle 1free and equal in dignity and rightsConsidering that …Article 2non-discriminationArticle 2non-discriminationArticle 3life, liberty and security of personArticle 6right to lifeArticle 4no slaveryArticle 32work conditions and child labourArticle 5no tortureArticle 37no torture or inhumane treatmentArticle 6recognition as person before the lawArticle 40due process rights and juvenile justiceArticle 7equality before the lawArticle 40due process rights and juvenile justiceArticle 8effective remedyArticle 24health care servicesArticle 9no arbitrary arrestArticle 37no torture or inhumane treatmentArticle 10fair trialArticle 40due process rights and juvenile justiceArticle 11presumption of innocence;Article 40due process rights and juvenile justice
7 Article 12privacyArticle 16protection of privacyArticle 13freedom of movement, exit and re-entryArticle 10family reunificationArticle 14asylumArticle 22refugee childrenArticle 15nationalityArticle 7name and nationalityArticle 16marriage and familyArticle 5rights and duties of parentsArticle 17propertyNo articleArticle 18freedom of conscience and religionArticle 14freedom of thought, conscience and religionArticle 19freedom of opinion and expressionArticle 13freedom of expressionArticle 20freedom of assembly and associationArticle 15freedom of association and peaceful assemblyArticle 20freedom of assembly and associationArticle 15freedom of association and peaceful assemblyArticle 21participation in governmentArticle 12child's opinionArticle 22economic, social and cultural rightsArticle 4implementation
8 Article 23workArticle 28educationArticle 24rest and leisureArticle 31leisure and cultural activitiesArticle 25standard of livingArticle 27standard of livingArticle 26educationArticle 28educationArticle 27cultureArticle 31leisure and cultural activitiesArticle 28social and international orderArticle 41respect for existing standardsArticle 29duties and limitationsArticle 3best interests of the childArticle 30no abuse of rightsArticle 41respect for existing standards
9 Core Articles of the Convention of the Rights of the Child …, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner.…, take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, .…, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier..Art. 1 definition of a childArt. 2 non-discriminationArt. 3 best interestArt. 6 inherent right to life and survivalArt. 9 separation from parentsArt. 10 family reunificationArt. 12 participationArt. 19 protection from abuse and neglectArt. 20 special protection for children without family…, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.… all actions concerning children,the best interests of the child shall be a primary consideration… ensure that a child shall not be separated from his or her parents against their will, ……, child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child .…, regard shall be paid to the desirability of continuity in a child's upbringing .
10 Core Articles of the Convention of the Rights of the Child (cont.) .., receive appropriate protection and humanitarian assistance ..... right of the child to the enjoyment of the highest attainable standard of health ...Art. 22 refugee childrenArt. 24 primary preventive health careArt. 28 educationArt. 34 sexual exploitationArt. 35 sale, trafficking and abductionArt. 37 torture, cruel, inhuman or degrading treatment or punishmentArt. 38 protection in times of armed conflict.. right of the child to education ..... protect the child from all forms of sexual exploitation and sexual abuse.No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment... take all appropriate national, bilateral and multilateral measures ..…persons who have not attained the age of fifteen years do not take a direct part in hostilities.
11 The CRC’s Optional Protocols The Involvement of Children in Armed Conflict.. take all feasible measures to ensure that members of their armed forces under the age of 18 years do not take direct part in hostilities, and prohibits the compulsory recruitment of persons under the age of 18. It also provides that armed groups should not recruit or use in hostilities persons under the age of 18.The Sale of Children, Child Prostitution and Child Pornography… criminalizes specific acts relating to the sale of children, child prostitution and child pornography, including attempt and complicity. It lays down minimum standards for protecting child victims in criminal justice processes and recognizes the right of victims to seek compensation. It encourages strengthening of international cooperation and assistance and the adoption of extraterritorial legislationAdopted by the General Assembly in May 2000, and entered into force in 2002does not provide for exemption from the dual criminality principle. There are concerns that the OPSC does not protect children from victimization in criminal processes once they have been recognized as having had their rights violated.UNICEF
12 Group work on protection of children Your are a group of advocates for children. You have the opportunity to spend 5 minutes with the United Nations Committee on the Rights of the Child to highlight concerns you have, as they relate to violations of child rights.Prepare a five minute presentation, explaining the circumstances surrounding the child rights violations and what suggestions the Committee could make to the relevant authorities.ProcessChose; chair, minutes and presenter,Individually read the caseIn a circle around the table, each participant says one thought about on protection concerns faced by displaced children in the countryPrepare a five minute presentation, outlining the relevant articles, explaining the circumstances surrounding the child rights violations and what suggestions the Committee could make to the relevant authorities.UNICEF