ICJ and partners intervene at the UN Committee on the Rights of a Child, in a case concerning immigration detention of a child

ICJ and partners intervene at the UN Committee on the Rights of a Child, in a case concerning immigration detention of a child

The International Commission of Jurists (ICJ), together with the AIRE Centre (Advice on Individual Rights in Europe), the Dutch Council for Refugees and the European Council on Refugees and Exiles (ECRE) submitted today a third party intervention in the Communicated case No. 193/2022, before the UN Committee on the Rights of the Child.

The case concerns immigration detention of an 11-year-old girl from Afghanistan together with her older sister and parents, pending transfer to another EU Member State according to the EU Dublin Regulation.

The interveners focus in their submission on the prohibition of immigration detention of children, including when accompanied by family members, the right to be heard, access to information and legal representation and age assessment in the migration context.

The full intervention can be read here.

NGO statement on meeting of UN treaty body chairs

NGO statement on meeting of UN treaty body chairs

A Joint NGO Statement was issued on the occasion of the Twenty-ninth meeting of UN treaty body chairs 27-30 June 2017, New York

This statement includes some reflections and recommendations, by the undersigned organisations (see list on p.6-7), in relation to the programme of work for the 2017 annual meeting.

Some of the comments and recommendations stem from a two-day consultation involving representatives of NGOs, States, treaty body members, OHCHR and academics, which took place in Geneva on 23-24 May 20171.

The consultation focused on developing a strategy for the Treaty Body strengthening process.

A report will shortly be made public.

The comments and recommendations below are structured around the substantive treaty body chairs meeting agenda items.

Universal-MeetingTreatyBodies-Advocacy-2017-ENG (full text in PDF)

ICJ hails step towards protection of children against business abuses

ICJ hails step towards protection of children against business abuses

The ICJ welcomes the adoption by the UN Committee on the Rights of the Child of a General comment on State obligations regarding the impact of the business sector on children’s rights. 

The ICJ stresses the Committee is the first UN human rights treaty body to address this issue directly in a General comment.

“The Committee on the Rights of the Child has taken a decisive step in clarifying standards under the Convention on the Rights of the Child and providing much needed guidance for States to better protect the rights of the child against business abuse,” said Carlos Lopez, ICJ’s Senior Legal Adviser on Business and Human Rights.

The UN Committee recognizes that while there is no international legally binding instrument on the business sector’s responsibilities vis-à-vis human rights, “duties and responsibilities to respect the rights of children extend in practice beyond the State and State-controlled services and institutions and apply to private actors and business enterprises. Therefore all businesses must meet their responsibilities regarding children’s rights and States must ensure they do so.”

The UN Committee also acknowledges that voluntary actions of corporate responsibility by business enterprises are not a substitute for State action and regulation of businesses or for businesses to comply with their responsibilities to respect children’s rights.

The General Comment was elaborated through a consultative process over nearly two years with the support of the ICJ, UNICEF and Save the Children International.

It gives interpretation and guidance for States in key areas:

  • how they should ensure that the activities and operations of business enterprises do not adversely impact on children’s rights;
  • how to create an enabling and supportive environment for business enterprises to respect children’s rights across their local or global operations; and
  • how to ensure access to effective remedy for children whose rights have been infringed by a business enterprises.

“The recommendations and guidance provided by the Committee are a key contribution to national and international strategies by States and other actors,” Lopez added. “States now need implement these recommendations.”

BHR-FINAL CRC GC 16-comment-2013 (full text in pdf)

Expert consultation : Optional Protocol to provide a communications procedure for the Convention on the Rights of the Child

Expert consultation : Optional Protocol to provide a communications procedure for the Convention on the Rights of the Child

On 21-22 June 2010, the ICJ in collaboration with the UN High Commissioner on Human Rights organized an Expert Consultation on a proposed Optional Protocol to establish a communication procedure to allow for children who are victims of human rights violations to seek a remedy before the UN Committee on the Rights of the Child. Participants in the meeting included the Chairperson and Vice-Chairperson of the Committee on the Rights of the Child and the Chairperson-Rapporteur of the Open-Ended Working Group on an Optional Protocol.  The UN Open-Ended Working Group on an Optional Protocol to the Convention on the Rights of the Child will next meet in December 2010 to discuss a draft text presently being prepared by the Chairperson-Rapporteur of the Open-Ended Working Group, Mr. Drahoslav Stefane.

Switzerland-expert consultation CRC-agenda-2010 (full text in English, PDF)

Reservations to the Convention on the Rights of the Child: a look at the reservations of Asian State Parties

Reservations to the Convention on the Rights of the Child: a look at the reservations of Asian State Parties

The document consists of three parties. The first is a general review of the basic rules regarding reservations to treaties. The second part contains a country-by-country review, outlining the reservations made by Bangladesh, China, India, Indonesia, South Korea, Myanmar, Pakistan and Thailand. The third part contains conclusions, focusing on the best strategies for NGO advocacy with regard to these reservations to the Convention of the Rights of the Child.

Asia-Convention Rights of the Child-non-legal submission-1994-eng (full text in English, PDF)

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