Additional international human rights mechanisms - Childrens Rights Reform

Additional international human rights mechanisms

In addition to the monitoring work of the human rights treaty bodies, there are other mechanisms that can be leveraged to promote and protect child rights including the Human Rights Council and its mechanisms: the Universal Periodic Review and Special Procedures.

Human Rights Council (UNHRC)

The Human Rights Council (UNHRC) is a subsidiary body of the General Assembly and the main intergovernmental body for the promotion and protection of human rights globally, including children’s rights.

The UNHRC replaced the former United Nations Commission on Human Rights.

Specifically, the UNHRC:

  • Addresses human rights violations, including child rights violations, globally in relation to thematic issues or country situations, and makes recommendations;
  • Establishes international standards;
  • Develops legally binding instruments (such as the CRC and the OPIC);
  • Promotes human rights through dialogue, by reinforcing capacity-building and providing technical assistance.

The UNHRC adopts numerous resolutions relevant to children’s rights, including resolutions on the rights of the child; the right to education; female genital mutilation; child, forced and early marriage. The HRC is made up of 47 UN Member States which are elected by the UN General Assembly.

In March, the UNHRC holds its annual day on the rights of the child. These can be precursors to a General Comment by the CRC Committee, and show contemporary issues of concern under the CRC.

Universal Periodic Review (UPR)

The Universal Periodic Review (UPR) is a unique mechanism of the Human Rights Council which involves a State-driven review of the human rights records of all UN Member States. States receive recommendations from other States, which they can either accept or only note. Acceptance of a recommendation denotes political commitment and is therefore an effective advocacy tool for changes in country.

Children’s rights recommendations tend to make up between 15% to 30% of all UPR recommendations to a given State (according to UNICEF’s observations participating in UPR meetings). These recommendations often relate to legislative reform; for example, to prohibit corporal punishment or other forms of violence.

UN Special Procedures

The Special Procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective.

The system of Special Procedures is a central element of the UN human rights machinery and covers all human rights: civil, political, economic, social and cultural.

With the support of the Office of the UN High Commissioner for Human Rights (OHCHR), special procedures:

Interventions by Special Procedures mandate holders regularly result in legislative reform:

E.g.: European Parliament agreed to reform its Directive on privacy and electronic communications: The Special Rapporteur on the sale and sexual exploitation of children and the Special Rapporteur on privacy, together with the Special Representative of the Secretary General on violence against children, had been calling for the European Parliament to adopt legislation allowing a temporary derogation from certain provisions of the Directive on privacy and electronic communications regarding the use of technologies to process personal and other data for the purpose of combatting child sexual abuse online marking. On 30 April 2021, the negotiators from the Council and the European Parliament reached a provisional agreement on a temporary measure to allow providers of electronic communications services such as web-based email and messaging services to continue to detect, remove and report child sexual abuse online, also covering anti-grooming, until the European Commission announces that permanent legislation is in place.

E.g.: Moldova made several amendments to legislation on gender equality following an official country visit by the Working Group on discrimination against women and girls: Following the Working Group’s official visit to Moldova in 2012, the Government approved a series of amendments to the legislation on gender equality in 2014. One of the proposals adopted included a quota ensuring a minimum of 40% of both sexes in governmental positions and 40% of either sex in political parties' electoral lists, in line with the recommendations made by the Working Group. The country visit report was also considered a useful opportunity to advocate for a legislative amendment related to gender equality and non-discrimination issues, focusing on the institutional mechanism – the establishment of the Non-Discrimination Council and Centre for Human Rights (Ombudsman).

For an overview of the impact of the work of Special Procedures on legislative reform, see: Impact of the work of Special Procedures: Legislative reform

Special Representatives to the UN Secretary-General

UN Special Representative of the Secretary-General on Violence Against Children

In 2008, the UN General Assembly requested the Secretary-General to appoint for a period of three years a Special Representative on violence against children, at the highest possible level, following the UN Study on Violence against Children (Pinheiro 2006). That mandate has since been renewed.

The Special Representative of the Secretary-General (SRSG) is a global independent advocate in favour of the prevention and elimination of all forms of violence against children.

The SRSG mobilises action and political support to maintain momentum for this agenda and generate renewed concern at the harmful effects of violence on children; to promote behavioural and social change and to achieve effective progress.

The SRSG reports directly to the UN Secretary-General, chairs the United Nations Inter-Agency Working Group on Violence against Children and collaborates closely with a wide range of partners, within and beyond the UN system.

For a list of full reports of the SRSC on violence against children: https://violenceagainstchildren.un.org/content/srsg-reports-1

Source and for more information: https://violenceagainstchildren.un.org

Special Representative of the Secretary General on Children and Armed Conflict

In 1996, the UN General Assembly requested the Secretary-General to appoint a Special Representative on the impact of armed conflict on children, following a report on the impact of armed conflict on children (Machel, 1996).

The mandate of the Special Representative for Children and Armed Conflict created in 1996 (and renewed since) is to strengthen the protection of children affected by armed conflict, raise awareness, promote the collection of information about the plight of children affected by war and foster international cooperation to improve their protection.

The Special Representative reports yearly to the General Assembly and the Human Rights Council and raises challenges faced by children in war to political bodies, such as the UN Security Council, as well as relevant Governments, to maintain a sense of urgency amongst key decision makers as well as to secure political and diplomatic engagement.

For a list of full reports of the SRSG on Children and Armed Conflict

Source and for more information: https://childrenandarmedconfli...