Summary: October 17, 2003: EU Presidency Statement on the Promotion and Protection of the Rights of Children to the Third Committee by Mrs. Brunella Borzi, First Counsellor, Permanent Mission of Italy to the UN on behalf of the EU - Item 113 (New York)
Mr. Chairman,
I have the honour to speak on behalf of the European Union. The Acceding Countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia, and the Associated Countries Bulgaria, Romania and Turkey align themselves with this statement.
At the Special Session of the General Assembly on children held in May 2002, the international community took stock of the achievements of the past decade and recognised the significant task still ahead to ensure the realisation of the rights of all children. We have reaffirmed our obligations and committed ourselves to creating "a world fit for children".
We must take action now to put these words into deeds. In so doing, we must adopt the necessary measures for the realisation of the rights of all children, paying special attention to children belonging to disadvantaged or marginalised groups and keep in mind that human rights must be respected in times of peace as well as in times of war.
In our efforts to promote and protect the rights of the child, we have the great benefit of a clear legal standard, namely the Convention on the Rights of the Child - the human rights treaty with the highest number of parties in history - and its Optional Protocols. The Convention's general principles of the best interests of the child, non-discrimination, participation, and survival and development provide the framework for all actions concerning children.
The EU urges those States that have not yet done so to sign and ratify, or accede to, the Convention as a matter of priority and consider signing and ratifying the Optional Protocols thereto. In this respect, the European Union is concerned about the great number of reservations to this instrument and urges States to withdraw, as a matter of high priority, all those reservations that are incompatible with the object and purpose of the Convention.
In promoting more effective implementation of these instruments, the Committee on the Rights of the Child plays a key role. The European Union supports the work of the Committee and calls on all States Parties to fully cooperate with it, including by honouring their reporting obligations. The EU welcomes the increase in the Committee's membership and hopes that this body will be able to deal efficiently with the new challenges in monitoring the two Optional Protocols to the Convention.
Enhancing promotion and protection of the rights of the child requires not only actions specifically targeted at children, but also the mainstreaming of child rights within all activities, both at the international and national levels.
Mr. Chairman,
All aspects of the realisation of the rights of the child are of particular importance to the European Union, as evidenced, inter alia, by the draft resolution submitted, in cooperation with other States, for consideration and adoption by this Committee. Today I would like to focus on some specific issues: the situation of children affected by armed conflict, the exploitation of children, the rights of juvenile offenders and poverty.
Armed conflict has a particularly harsh impact on children. The international community must therefore strengthen its efforts to ensure respect for the rights of children affected by armed conflict putting emphasis on the special protection needs of girls in armed conflict. In this regard the European Union welcomes relevant actions taken by the Security Council, and in particular the adoption of resolution 1460 on 30 January 2003, as well as the reports of the Secretary-General and of the
Special Representative for children and armed conflict. The EU supports the work of the Special Representative of the Secretary-General for children and armed conflict, as well as that of UNICEF, UNHCR and other actors, including NGOs, aimed at relieving as far as possible the suffering of children in situations of armed conflict.
The EU wholeheartedly supports the Secretary-General's call for 'An era of application' of international norms and standards for the protection of children affected by armed conflict. The EU urges those parties mentioned in the report and its annex to immediately halt the recruitment or use and other victimisation of children in armed conflict. Systematic monitoring and reporting on compliance by listed parties with Security Council resolution 1460 is needed. The EU also urges the
Secretary-General to ensure that the comprehensive assessment of the scope and effectiveness of the UN response to the issue of children affected by armed conflict requested by last year's resolution will be finalized soon.
The European Union, for its part, is committed to undertaking action to forge and adopt a set of guidelines on children and armed conflict, if possible, by the end of the year. In view of this goal, the EU Presidency has included these guidelines among its human rights priorities and held an informal meeting of experts on September 29 at the UNICEF Innocenti Research Centre in Florence. The EU has also engaged in a fruitful dialogue and cooperation with the Special Representative, Mr. Otunnu
and his office. On the same subject, it is noteworthy to mention the "EU Council Conclusions on cooperation between the EU and the UN on crisis management: protection of civilians in EU-led crisis management operations" that call on mainstreaming a strong child perspective for all the personnel deployed in EU-led crisis management operations.
Despite some positive developments in the creation of a comprehensive framework for action, the EU remains particularly concerned with the situation on the ground with specific reference to the continuing recruitment and use of children in armed conflict. In this connection, we urge States to speed up the process of ratification of the Rome Statute of the ICC, which includes, as a war crime, conscripting or enlisting children under the age of fifteen years or using them to participate actively
in hostilities in both international and non-international armed conflicts. In this connection the EU, once again, reiterates the need to put an end to impunity by investigating and bringing to justice any perpetrators of crimes against children.
The EU strongly supports and encourages all measures to disarm, demobilise and re-integrate children used in armed conflict, taking special note of the unique needs and situation of girls, and the need for effective measures to prevent recruitment into either armed conflict again or organised armed violence.
Mr. Chairman,
Children continue to be victims of many forms of sexual exploitation, such as trafficking, prostitution, pornography, acts of paedophilia, sexual abuse and harassment, which represent an even greater risk in situations of armed conflict. Measures must be taken therefore at the international, regional and national level to combat such crimes, starting with action to address the problem of demand. All States must work to ensure that the perpetrators are brought to justice, while safeguarding the
rights and interests of the children victims at all stages of the proceedings. In this context, the European Union expresses its support for the work of the Special Rapporteur on the sale of children, child prostitution and child pornography.
Sexual exploitation of children is directly linked to the spread of HIV/AIDS. The EU urges all States and the international community to strengthen its efforts in protecting the rights of children affected by HIV/AIDS, including their right to education, information, health and protection from abuse, neglect and discrimination, and note the need to provide adolescents, as recommended in the right of the child Committee's General Comment n.4, with access to psychological support, sex education,
as well as information on dangers of early pregnancy and family planning.
Other forms of exploitation of children, are also widespread. The EU is alarmed at the increase of the worst forms of child labour, including all forms of slavery. Key tools in combating them are free, accessible and good quality education and the adoption of core labour standards. We call on those States that have not yet done so to ratify ILO Conventions n. 138 and 182, and on States Parties to comply in a timely manner with their reporting obligations.
In regard to juvenile offenders, it is important to bear in mind that the Convention of the Rights of the Child unreservedly prohibits the imposition of the death penalty on persons below 18 years of age at the time of the commission of the offence. The European Union appeals to all States that still retain the death penalty not to impose it on juvenile offenders.
Children alleged to have or recognised as having infringed criminal law must be treated with due regard to their status. It is thus of particular importance that States, taking into account the principles of restorative justice, adopt special measures to promote children's reintegration into society. In addition, they must establish justice systems providing, among others, the separation of detained children from adults unless it is not in the best interests of the child to do so.
The European Union would also like to emphasise the obligation of all States to protect children deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment. Such obligation is subject to no derogation and no exception.
Mr. Chairman,
As pointed out in the outcome document of the Special Session, chronic poverty remains the single biggest obstacle to meeting the needs, protecting and promoting the rights of the child. The EU reaffirms that investments in children and the realisation of their rights are among the most effective ways to eradicate poverty. In this respect, the EU participates actively in the efforts of the international community to reduce by the year 2015 the number of people living in extreme poverty by
half.
A key factor to reducing poverty is the realisation of the right to education, which further contributes to promoting democracy, peace, tolerance and development. The European Union urges all States to take all necessary measures to eliminate obstacles to the full realisation of the right to education of all boys and all girls, putting special emphasis on the education of girls. The EU supports the work of the Special Rapporteur on the right to education and encourages States to cooperate with
her in the fulfilment of her mandate.
In order to achieve the Millennium Development's Goals, the international community is committed to eradicate extreme poverty and hunger, as well as ensure environmental sustainability, reducing child mortality, combating HIV/AIDS, malaria and other diseases which, according to UNICEF, affect a huge percentage of children.
Mr. Chairman,
Children are, not only our future, but also our present, and therefore need careful and constant attention. In this respect, the European Union reiterates its commitment to working together with other Member States and the United Nations system in finding the most effective ways of strengthening the support to the rights of the child.
Thank you.
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