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The right to an effective remedy for trafficked persons 2011, para. 56
- Paragraph text
- From States' perspectives, these concerns translate into the obligation to implement child-sensitive court procedures which effectively protect the rights and interests of children. In particular, the Legislative Guide to the Palermo Protocol unequivocally stresses the importance of avoiding direct contact between the child victim and the suspected offender, and according child witnesses special protection measures to ensure their safety. Thus, States should, for instance, allow procedural measures to obtain the child's testimony without the presence of the trafficker, such as allowing video-recording of testimony, examination via videoconference, or written statements in lieu of in-court testimony. Child-sensitive court procedures may also require adequate training of relevant law enforcement officials, such as police officers, lawyers, prosecutors and judges, in the rights of trafficked children. In this regard, it has been noted that there are benefits in forming a multi-stakeholder group to allow law enforcement officials to work together with social workers and other service providers responsible for the care of exploited children, including trafficked children, to ensure the provision of appropriate care and support, as well as the prosecution of the perpetrators.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 92a
- Paragraph text
- [Specific activities to promote child participation in order to prevent sale and exploitation include:] Information campaigns and access to information through the media, the Internet and hotlines;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Child participation 2012, para. 21
- Paragraph text
- In addition, children must be provided with child-friendly and accessible feedback on their participation through immediate and clear statements on the impact and value of their contributions, the decisions that they have taken and the next steps. This enables children to understand the outcome and use of their contributions.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 67e
- Paragraph text
- [Furthermore, monitoring institutions must:] Review and report on Governments' implementation and monitoring of the state of children's rights, including by ensuring that statistics and other data are collected, appropriately disaggregated, processed, analysed and shared;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 13f
- Paragraph text
- [In order to be functional and effective, child protection systems should:] Ensure that all providers of services to children and families (the public sector, civil society organizations) are held accountable through the effective regulation and monitoring, at all levels, of child protection standards.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 115
- Paragraph text
- Children's participation should be made systematic throughout the process of developing, implementing and monitoring child protection strategies, for children are not only victims, they are also part of the solution.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 114
- Paragraph text
- [Although the participation of children has gained increased visibility, progress must still be made on:] Children's access to information and freedom of expression and association;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 79
- Paragraph text
- Birth registration provides an official record of a child's existence and nationality and is considered a fundamental right under article 7 of the Convention on the Rights of the Child. Birth registration should be free and universal.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 27
- Paragraph text
- In addition, the Special Rapporteur emphasizes that due to the unique characteristics of the Internet, regulations or restrictions which may be deemed legitimate and proportionate for traditional media are often not so with regard to the Internet. For example, in cases of defamation of individuals' reputation, given the ability of the individual concerned to exercise his/her right of reply instantly to restore the harm caused, the types of sanctions that are applied to offline defamation may be unnecessary or disproportionate. Similarly, while the protection of children from inappropriate content may constitute a legitimate aim, the availability of software filters that parents and school authorities can use to control access to certain content renders action by the Government such as blocking less necessary, and difficult to justify. Furthermore, unlike the broadcasting sector, for which registration or licensing has been necessary to allow States to distribute limited frequencies, such requirements cannot be justified in the case of the Internet, as it can accommodate an unlimited number of points of entry and an essentially unlimited number of users.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 12
- Paragraph text
- Article 12 of the Convention on the Rights of the Child guarantees the child's right to be heard and to have his or her views taken into account. By requiring not only that children be given the opportunity to express their views in all matters affecting them but also that those views be given due weight, the Convention seeks to ensure that children's participation is meaningful.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Sale of children for the purpose of forced labour 2016, para. 72
- Paragraph text
- Children's civil and political rights, including the right to information, freedom of expression and freedom of association, are also breached when a child is sold for the purpose of forced labour. The inability to form an association with other children in similar conditions to claim their rights makes children even more vulnerable. Lack of information on existing laws and possible remedies is another factor of vulnerability which impedes redress for child victims.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 67c
- Paragraph text
- [Furthermore, monitoring institutions must:] Ensure that children are able to exercise their right to be heard on matters concerning them and in defining issues related to their rights, and to publicize widely the availability of effective remedies and redress, including the possibility of submitting individual complaints for violations of children's rights;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 57c
- Paragraph text
- [Child participation mechanisms must operate in compliance with internationally recognized standards and ensure the following:] Institutionalization of mechanisms for the participation, without discrimination, of all children, such as children's parliaments, youth forums, councils and committees at the national, regional and municipal levels;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 52
- Paragraph text
- Children are not only victims or vulnerable: they can and should actively take part in finding solutions. Child participation is based on the right of each child to express her or his views and to have those views taken into consideration in all matters that directly or indirectly concern her or his life, with the objective of influencing decision-making and achieving change.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 38e
- Paragraph text
- [Any processes that enable the identification of child victims must be carried out in compliance with the principles outlined above and with standards that require the following:] Guaranteeing the safety of child victims, their families and witnesses by protecting them from any risk of harm, intimidation, reprisal or revictimization;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 38d
- Paragraph text
- [Any processes that enable the identification of child victims must be carried out in compliance with the principles outlined above and with standards that require the following:] Treating the information obtained at all stages confidentially, upholding the rights of children, including the right to privacy, and preventing the inappropriate dissemination of information that could lead to the identification of child victims;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 38b
- Paragraph text
- [Any processes that enable the identification of child victims must be carried out in compliance with the principles outlined above and with standards that require the following:] Ensuring children's right to be informed quickly and in an accessible language or format about all the options, procedures, protective measures and services available to them;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 32d
- Paragraph text
- [In order to ensure the effective implementation and ownership by all the stakeholders of this comprehensive legal framework, the following actions should be undertaken, in conjunction with the enforcement of legislation:] Adequate training of judges, prosecutors, lawyers, police officers, teachers, social workers and other professionals regarding the rights, needs and best interests of the child;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 32b
- Paragraph text
- [In order to ensure the effective implementation and ownership by all the stakeholders of this comprehensive legal framework, the following actions should be undertaken, in conjunction with the enforcement of legislation:] Launch of awareness-raising and advocacy initiatives among communities, children and youths, ensuring that relevant issues are included in the public debate through the media, civil society and policymakers;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 31a
- Paragraph text
- [With regard to prevention, comprehensive legal frameworks should:] Ensure children's birth is registered. A birth record, because it certifies a child's age, allows appropriate legal steps to be taken to ensure the protection of the child and the punishment of the offender. Children whose birth has been registered are less likely to be sold or illegally adopted, in part because they have proof of who their parents are;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 30e
- Paragraph text
- [With regard to protection, care and child-friendly procedures, comprehensive legal frameworks should:] Ensure that children do not suffer from hardship and revictimization as a result of participating in criminal proceedings by limiting the number of interviews they are involved in, using video recordings and secure rooms, and providing legal aid or a special representative;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 30d
- Paragraph text
- [With regard to protection, care and child-friendly procedures, comprehensive legal frameworks should:] Protect the privacy and well-being of child victims and witnesses at all stages of the criminal justice process (i.e. during identification, investigation, prosecution, punishment and extradition proceedings), including by ensuring that children are not subjected to fines, imprisonment or other punitive action;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 30c
- Paragraph text
- [With regard to protection, care and child-friendly procedures, comprehensive legal frameworks should:] Ensure that child victims have access to child-sensitive information about their rights and relevant procedures, including for seeking compensation for damages, and that they exercise their right to be heard and listened to;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 108
- Paragraph text
- Law enforcement disparities persist not only between countries but within countries. Access without discrimination to police protection and the justice system, as well as confidentiality, cannot always be ensured owing to lack of material and qualified human resources. Impunity and corruption are rampant. People are not sufficiently familiar with the rights of children and legislation protecting them. Reporting remains inadequate because of taboos, fear of retaliation and stigmatization, and out-of-court settlement.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 46b
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Development and implementation of rights-based alternatives to detention, especially for children and families with children;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 38
- Paragraph text
- Children in immigration detention will often be traumatized and have difficulty understanding why they are being "punished" despite having committed no crime. According to article 37 (b) of the Convention on the Rights of the Child, no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time. Article 37 (c) states that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. Article 37 (d) provides that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. Children deprived of their liberty also have a right to appropriate medical treatment (art. 24), education (art. 28) and recreation and play (art. 31).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 13
- Paragraph text
- Resolution 15/21 reaffirms that "everyone has the rights to freedom of peaceful assembly and of association" (emphasis added). This provision must be read jointly with article 2 of the International Covenant on Civil and Political Rights, which stipulates that "each State Party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status"(emphasis added)., and article 26 thereof, which guarantees to all individuals equal and effective protection against discrimination on grounds identified in article 2. This applies inter alia to minors, indigenous peoples, persons with disabilities, persons belonging to minority groups or other groups at risk, including those victims of discrimination because of their sexual orientation and gender identity (see Council resolution 17/19), non-nationals including stateless persons, refugees or migrants, as well as associations, including unregistered groups. The rights to freedom of peaceful assembly and of association are key human rights in international human rights law, which are enshrined in article 20 of the Universal Declaration of Human Rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 48
- Paragraph text
- In some domains, there may be legitimate and understandable concerns for children's safety and well-being in gaining access to some types of information. For example, many countries regulate broadcasting, and television in particular, with a view, among other things, to protecting children. National regulations often include some kind of watershed system, for example, and establish independent bodies to enforce that system. Content generally considered unsuitable for children includes sexually explicit content, violence and offensive language. Regulations can, however, have a significant impact on freedom of the media. Moreover, the definition of what constitutes harmful information is subjective. Accordingly, any regulations aimed at protecting children and the mechanisms adopted to enforce them should be reviewed regularly, in an open and transparent way, in order to prevent the imposition of disproportionate or arbitrary restrictions that curtail the rights of both adults and children. Furthermore, it is crucial to ensure the independence of the bodies tasked with enforcing these regulations - rules regarding membership, for example, should be defined so as to protect them against any interference, in particular by political forces or economic interests.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 34
- Paragraph text
- Children face particular hurdles to the realization of their right to freedom of expression as a result of entrenched paternalistic attitudes that often overstate the risks of allowing children to communicate freely and underestimate their agency. In addition, the rights of children are also affected by all the barriers hampering the freedom of expression of adults.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 25
- Paragraph text
- Paragraph 1 of the article accords to the child who is capable of forming his or her views the right to express those views freely in all matters affecting him or her, and the subsequent right to have those views given due weight in accordance with his or her age and maturity. Paragraph 2 asserts the right of the child to be heard in any judicial or administrative proceedings affecting him or her.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph