Thailand: ICJ & Chiang Mai University Workshop on “Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations”

Thailand: ICJ & Chiang Mai University Workshop on “Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations”

On 29-31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on “Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.

The objective of the workshop, held at the Chiang Mai University campus, was to provide an overview of the field of business and human rights, including the UN Guiding Principles on Business and Human Rights and its “Protect, Respect and Remedy” framework, which Thailand affirmed its commitment to on 31 May 2017, and the need for a binding treaty on business and human rights.

Day 1 focused on the UN framework as it applies to business and human rights, investment law, and strategic litigation.

Day 2 focused on criminal and civil litigation, women’s rights and business, children’s rights and business, and land rights.

Day 3 focused on the basic principles that apply to documenting and reporting on human rights violations.

The speakers at the workshop were:

  • Daniel Aguirre, ICJ International Legal Adviser, Myanmar
  • Irene Pietropaoli, Expert consultant on business and human rights
  • Sanhawan Srisod, ICJ Associate National Legal Adviser, Thailand

 

Children’s access to justice for violence: UN Statement

Children’s access to justice for violence: UN Statement

Today at the UN Human Rights Council the ICJ expressed concerns about violence and other wrongs against children in times of armed conflict and peacetime.

The ICJ statement was delivered during an interactive dialogue with the Special Representatives of the Secretary General on Violence against Children and for Children and Armed Conflict.

The ICJ thanked the Special Representatives for their annual reports (Violence against Children UN doc.A/HRC/34/45-ENG and Children and Armed Conflict UN doc.A/HRC/34/44-ENG) and then continued as follows:

We welcome the renewed commitment of States, via the Sustainable Development Goals (in particular SDG 5.2 and 5.3 and SDG 16.2 and 16.3), to eliminating violence against children and ensuring access to justice for everyone by 2030.

However, as the Special Representative for Violence against Children’s report noted, we must ensure that protecting children from violence is not simply an ideal but is realized in practice.

The ICJ is concerned about systemic problems where States agree in principle to protect children from violence but disagree on fundamental definitions of ‘children’ and ‘violence’.

We agree with the Special Representative for Children and Armed Conflict’s assessment that States must close any legal lacunae that fail to implement the almost universally accepted definition of ‘child’ as everyone below the age of 18.

We ask that all forms of violence against children be condemned even where some violent practices, such as child marriage or female genital mutilation, were once considered culturally acceptable.

We welcome efforts undertaken to prevent violence against children and protect children in armed conflict to ensure their human rights are protected.

However, rights protections are meaningless without accountability and so we would like to ask which measures should be put in place to eradicate impunity and ensure access to justice for children who have suffered violence and other wrongs in times of armed conflict and otherwise?

The statement can be downloaded in PDF format here: HRC34-OralStatement-violence against children+children armed conflict-Advocacy-2017

 

 

Training in Malta on the rights of migrant children

Training in Malta on the rights of migrant children

Today, the ICJ and Aditus are holding a training for lawyers on the rights of migrant children and on accessing international human rights mechanisms in Valetta.

The training aims to support the strategic use of national and international mechanisms to foster migrant children’s access to justice.

The training will take place over the course of two days 16-17 February 2017.

The training will focus on accessing the international mechanisms in order to protect and promote the rights of migrant children, the child’s right to be heard and economic, social and cultural rights.

A practical case analysis will be part of the training. Trainers include experts from the ICJ and the Hague University.

The training is based on draft training materials prepared by the ICJ (to be published in the second half of 2017) and the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.

It is organized as part of the FAIR project co-funded by the Rights, Equality and Citizenship Programme of the European Union and OSIFE.

As part of the project, this training follows the trainings on the rights of migrant children in Spain, Italy and Bulgaria, trainings in Germany, Greece and Ireland will follow this year.

Download the agenda in English here:
Malta-FAIR training-News-Agenda-2017-ENG

ICJ and others call on the EU to protect refugee and migrant children’s rights

ICJ and others call on the EU to protect refugee and migrant children’s rights

The ICJ and 77 other civil society organizations and UN agencies called today on the EU institutions and Member States to do more to protect the rights of refugee and migrant children.

The call came in a statement released to mark the opening of the 10th European Forum on the Rights of the Child in Brussels.

The refugee and migrant crisis in Europe will soon enter its third year, with children playing an ever larger part and the impact on their lives all the more tragic.

Between January and September 2016, more than 664,500 children claimed asylum in Europe; nine in ten children arriving in Italy this year were unaccompanied; 23,000 children in Greece remain in limbo – their futures hanging in the balance, their education on hold.

More than 700 children are estimated to have died at sea trying to reach Europe this year alone. Last week a six-year old child died in a fire in the Moria camp on the Greek island of Lesbos.

The ICJ is deeply concerned at the failure to prioritize the protection of children’s rights. Children lack access to basic procedural rights, such as access to a guardian, access to a lawyer or access to information.

Children stranded in Greece have been out of school for an average of 20 months.

Many children have to wait for more than a year to reach family members in other EU Member States or even more when their parents or siblings are outside of the EU. In many cases they cannot reunite with their parents or siblings because it is simply too expensive for them.

The EU and Member States can do a lot more to protect children’s rights and address their particular needs and vulnerabilities.

78 partner organizations identify seven priority actions to protect refugee and migrant children today and prepare them for the future.

These actions include the urgent adoption of an EU Action Plan on children in migration, strengthened safeguards in the asylum legislation, increased funding for national child protection systems and building mechanisms to protect children across borders.

The reform of the common European asylum system, currently debated in the European Parliament, provides a unique opportunity to ensure children get access to guardians, education and family reunification.

EU action is also needed to end the detention of migrant and refugee children, and the identification of alternatives.

The full statement can be downloaded here:

eu-joint-statement-refugee-and-migrant-children-advocacy-non-legal-submission-2016-eng

Information about the November 2016 ICJ Geneva Forum on the role of judges and lawyers in relation to large movements of refugees and migrants (including special consideration of migrant and refugee children), is available by clicking here.

Event: children’s rights and business – the role of States

Event: children’s rights and business – the role of States

Organized by UNICEF and the ICJ, this side event takes place on Thursday 17 September 2015, from 12:00-14:00, Room XXVII, Palais des Nations, Geneva. 

More than ever before, business enterprises have an impact on children’s lives.

Children are consumers of businesses’ products and services, workers in their factories and fields, family members of their employees,  and residents of the communities  that host their operations.

Some of these interactions can benefit children. Companies have, for instance, created new technologies that enrich children’s education, enhance medical care, and connect families around the world.

Yet at the same time, businesses can also have detrimental impacts.

Companies can make and sell unhealthy and unsafe goods to children, pollute the environments  in which children live and play, and expose them to serious dangers including in the workplace.

As children are still growing and developing, they are especially vulnerable to negative business  impacts  and can be severely  and permanently  affected  by infringements  of their rights.

Child consumers can be more easily convinced to buy and use inappropriate or  unsuitable  products,  and  children  are  much  more  susceptible  than  adults  to  the harmful  physical  effects  of  toxic  chemicals,  manual  labour  and  poor  diets.

Young workers  can  never  fully  make  up  for  time  spent  out  of  education,   and  missed opportunities are rarely restored.

Many  of these  impacts  remain  unnoticed,  and businesses  rarely  involve  or seek  the input  of  children  on  decisions  that  will  profoundly  affect  them.

Children  may  not understand  that  their  rights  are  in  jeopardy,  and,  even  when  they  do,  often  face tremendous  challenges  in making  their voices  heard.

All too frequently,  child victims lack the confidence, resources and legal authority to demand accountability  from those who violate their rights.

For these reasons, it is imperative that governments take action to protect and promote children’s  rights  in  the  context  of  business  operations.

In  February  2013,  the  UN Committee   on  the  Rights  of  the  Child  adopted  General  Comment  16  on  State obligations  regarding  the impact of the business  sector on children’s  rights to assist States  to  ensure  that  businesses   respect  children’s   rights  as  envisioned   in  the Convention  on  the  Rights  of the  Child.

The  ICJ  and  UNICEF,  at the  request  of the Committee,  have  elaborated  a Guide  to offer  to States  practical  examples  and  best practices on how to protect and ensure the realization  of the rights of the child in the context of business operations.

 

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