Children

The protocol allows children to report violations

The Optional Protocol to the Convention on the Rights of the Child (CRC) (see footnote) on Communication Procedures (PFCDCPC) was adopted in New York on December 19, 2011 and entered into force internationally on April 14, 2014. . It has two thousand and twenty, forty state parties. PFCDCPC was signed by Brazil on February 8, 2012; The eighty-fifth legislative decree (DL) of June 8, 2017 was approved by the National Congress (CN) and approved on September 29, 2017 (not yet enacted).

To complement national and international measures for the protection of children, the PFCDCPC allows children to file complaints with the Child Rights Committee for violations of their rights under the CRC and its optional protocols.

Article 2 provides that the best interests of the child shall govern the work of the Policy Committee, which, under the terms of Article 3, shall include the protection of its procedures to prevent child abuse by those acting on its behalf, to be able to refuse examination. Communication which they consider to be contrary to the best interests of the child. Article 4, in turn, deals with the protection of the people by reporting the situation or cooperating with the committee.

Article Five deals with the communication method. Can be submitted via contact:

1) Individuals or groups of individuals (not anonymous),

2) Individuals or groups of individuals who are victims of violations committed by the state

CDC or part of its protocol. After examining the admissibility of the request (Article 7), the Committee informs the State concerned of the communication presented, requesting an explanation or statement of the action taken (Article VIII). Temporary measures (precautionary measures) may be requested at any time before deciding on eligibility, in exceptional cases to avoid irreparable harm to the victim (Article 6), as well as the parties may reach a amicable settlement of the case (Article 9). Will be sent (paragraph ten), and the state must submit a response within six months to the measures taken in light of the committee’s recommendation (paragraph eleven). Article 12 provides that states may declare that they further recognize the powers of a committee that accepts and examines communications where one state complains that another state has not complied with its obligations under the CRC or its optional protocol.

Articles thirteen and fourteen address methods of investigation for serious or systematic violations, which would be confidential and could include inspections in the territory of the State.

Articles Fifteen, sixteen and seventeen states, the terms of international assistance and cooperation between specialized agencies, funds, programs and other appropriate UN agencies, as well as to submit a report summarizing their activities. At the General Assembly every two years, and each state is also responsible for disseminating and disseminating PFCDCPC information in its territory.

Finally, Articles 18 to 24 include signature, ratification and accession, coercion (the committee has the power in case of violations occurring after the effective date of PFCDCPC) and Articles 21 to 24 include amendment, condemnation, filing and language of PFCDCPC.

Synaptic table

CDC

Definition of a child: Every person under the age of eighteen, unless, in accordance with the law applicable to a child, acquires a majority.

Predicting the best interests of the child.

Main rights stated:

1) Right to life.

2) Right to be registered immediately after birth.

3) From the moment of birth, a name, a nationality and as far as possible, the right to be known and cared for by their parents.

4) The right to preserve your identity.

5) The right not to be separated from the parents against their will, unless the separation is in the best interests of the child.

6) The right to maintain regular personal relationships and direct contact with both parents, unless it is against the best interests of the child (in the case of a child separated from one or both parents).

7) The right to freely express their views on all matters relating to it.

8) Right to freedom of expression.

9) The right to freedom of association and freedom of peaceful assembly.

10) The right to legal protection against arbitrary or unlawful interference in his personal life, his family, his home or his correspondence, and against unlawful attacks on his honor and reputation.

11) Right to access information.

12) The right to special protection and assistance from the state for children who are temporarily or permanently deprived of their family environment, or in whose best interests they do not live in this environment.

13) The right to adequate protection and humanitarian assistance for refugee children.

14) Specific rights of children such as physical or mental disability (full and decent life, ensures their dignity, in favor of their autonomy and facilitates their active participation in the community).

15) The right to enjoy the best possible quality of health and services for the purpose of treating illness and restoring health.

16) The right to a periodic examination to evaluate the treatment and all other aspects related to their hospitalization.

17) The right to benefit from social security.

18) The right to adequate living for their physical, mental, spiritual, moral and social development.

19) Right to education.

20) Rights, in the community with other members of their group, the right to have their own culture, to recognize and practice their own religion or to use their own language (especially for children of ethnic, religious or linguistic minority states, or people of indigenous descent) .

21) The right to rest and leisure, recreation and recreational activities that are appropriate for one’s age, as well as free participation in cultural and artistic life.

22) The right to be protected from economic exploitation and from doing anything that may be dangerous or interfere with their education or harm to their health or physical, mental, spiritual, moral or social development.

23) The right to protection against all forms of sexual exploitation and abuse.

24) The right not to be tortured or otherwise curable, inhuman or degrading treatment or punishment without the possibility of release for the offense committed by persons under the age of eighteen years or the right to death or life imprisonment.

25) The right not to be deprived of their freedom illegally or arbitrarily.

26) the right of a child deprived of liberty to be treated with humanity and dignity and to take into account the needs of a person of his age; The right to communicate with your family through correspondence or visits; The right to legal and other appropriate assistance; The right to challenge the legitimacy of deprivation of liberty before a competent, independent and impartial authority and to make quick decisions on such action.

27) Systemic rights.

Monitoring mechanism

1) Periodic reporting method.

2) Attention: Third Protocol of the CDC (December 2011): Hunting rights to the Committee (Brazil has already ratified it in 2017).

CRC’s Optional Protocol on the Involvement of Children in Armed Conflict (PFCDCECCA)

Objective: To establish an age increase for the possible recruitment of individuals by the Armed Forces, recognizing the special needs of children at risk for special employment or hostile use due to their economic, social or gender situation. In this regard, the States Parties will take all possible measures to ensure that members of the armed forces under the age of 18 do not directly participate in hostilities and ensure that persons under the age of 18 are not recruited into their forces. The Armed Forces on a compulsory basis shall not, under any circumstances, recruit or use persons under the age of eighteen in hostility, in addition to raising the minimum age for voluntary recruitment of persons into the Armed Forces of any State.

Monitoring mechanism: Submission of report to the Committee on Child Rights.

CDC’s Optional Protocol on Child Trafficking, Child Prostitution, and Child Pornography (PFCDCVPIPI)

Objectives: To address the significant and growing international trafficking of children for such purposes, the CRC extends measures to ensure the protection of children against the sale, child prostitution and child pornography and child pornography, the widespread practice of sex tourism and the use of children in the Internet and other modern technologies. With the increasing availability of pornography.

Definition:

1) The sale of children: “Any act or transaction by which a child is transferred by a person or persons to another person or group of persons, for a fee or any other kind of compensation”.

2) Child prostitution: “The use of a child in sexual activity for a fee or any other kind of compensation”.

3) Child Pornography: “Any depiction, in any way, any depiction of the genitals of a child engaged in actual or implicit explicit sexual activity, or of a child primarily for sexual purposes”

Monitoring process: Submission of report to the Child Rights Committee.

PS:

Footnote:

* More details of the Convention on the Rights of the Child are:

https://administradores.com.br/artigos/direitos-humanos-os-direitos-da-crian%C3%A7a-protegidos-em-conven%C3%A7%C3%A3o.

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