Human Rights Council Acts to Protect Children Online, in Conflict Areas

OHCHR

The Human Rights Council this morning held an interactive dialogue with the Special Representative of the Secretary-General on Violence against Children and started an interactive dialogue with the Special Representative of the Secretary-General for Children and Armed Conflict.

Najat Maalla M'jid, Special Representative of the Secretary-General on Violence against Children, said her report focused on the critical and urgent need to ensuring a safe, inclusive and empowering digital environment for children. The report included three key messages: first, risks of harm to children in the digital environment were emerging quickly and spreading rapidly; second, proactive and sustained prevention was the priority; and third, children were part of the solution. There was no time to waste. The international community must act now, for and with children, leaving no one behind.

In the discussion, speakers welcomed the report of the Special Representative and thanked her for her recommendations. The protection of children from violence, including in the digital environment, was a critical issue. Speakers expressed alarm at the high number of children who were being cyberbullied and subject to online sexual exploitation and abuse. Many speakers said that violence against children - whether online or offline - needed to be addressed with a 'children first' approach through a comprehensive child rights-based framework. It was important to involve children and youth as part of the solution. However, some speakers said they regretted the Special Representative's attempt to involve children in decision-making processes, and said they did not support the proposal to involve children in consultations at international venues.

Speaking in the discussion were European Union, Iceland on behalf of the Nordic-Baltic countries, United Nations Children's Fund, Tunisia, Sovereign Order of Malta, Israel, Sierra Leone, Qatar, United States, Belgium, China, Luxembourg, Slovenia, Indonesia, India, Russian Federation, Morocco, Venezuela, Iraq, Togo, Costa Rica, Armenia, Egypt, Austria, Malaysia, South Africa, Maldives, South Sudan, Kazakhstan, Italy, Malta, Holy See, United Kingdom, Jamaica, Georgia, Senegal, Algeria, Malawi, Montenegro, Marshall Islands, Mauritania, Thailand, Libya, Botswana, Australia, Azerbaijan, Benin, Panama, Kenya, Bulgaria, Organization of Islamic Cooperation, Cuba, Ireland, Ukraine, Romania, Brazil, Albania, Iran, Nigeria, Germany, Saudi Arabia, Hungary, United Arab Emirates, Cambodia, and France.

Also speaking was National Human Rights Commission of Burundi as well as Defence for Children International, Conselho Indigenista Missionário, World Muslim Congress, International Volunteerism Organization for Women, Education and Development, Catholic International Education Office, Plataforma de Organizaciones de Infancia, International Organization for the Right to Education and Freedom of Education, Edmund Rice International Limited, VIVAT International, and International Catholic Child Bureau.

The Council then began an interactive dialogue with Virginia Gamba, Special Representative of the Secretary-General for Children and Armed Conflict, who said that 2022 was yet another year marked by conflict, climate insecurity, and geopolitical divisions leading to a sustained high number of grave violations against conflict-affected children. She was also concerned about continued increases in attacks on schools and hospitals, and the sustained high number of cases of sexual violence affecting boys and girls. Ms. Gamba said her office continued to work with partners to improve long-term protection and prevention for conflict-affected children, but ultimately States needed to comply with their obligations under international law and put human rights first. Collaboration with United Nations partners and Member States had led to important progress being made to protect children in many countries and regions.

In the discussion, speakers thanked the Special Representative for her comprehensive report and reiterated their support for her mandate. Many speakers said the prevention and elimination of grave violations against children as a result of armed conflict were top priorities to be addressed, as well as the effective reintegration of affected children. Children continued to be disproportionally affected by armed conflict, which exposed them to unbearable levels of violence, deprived them of their rights and of their childhood, and left them scarred for life. All efforts would be undertaken to end all grave violations and abuses of children's rights. It was important that United Nations Member States fully complied with their obligations under international law to protect children from armed conflict.

Speaking in the discussion were Germany on behalf of a group of countries, European Union, Poland on behalf of a group of countries, Argentina on behalf of a group of countries, Côte d'Ivoire on behalf of the Group of African States, Belgium on behalf of a group of countries, Lithuania on behalf of the Nordic-Baltic countries, United Nations Children's Fund, Sovereign Order of Malta, Costa Rica, France, Israel, Japan, Colombia, Sierra Leone, United States, Belgium, Burkina Faso, China, Luxembourg, Slovenia, Morocco, Venezuela, and Iraq.

The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-second regular session can be found here.

The Council will reconvene at 3 p.m. this afternoon to conclude the interactive dialogue with the Special Representative of the Secretary-General for Children and Armed Conflict, followed by an interactive dialogue with the High Commissioner on his report on access to COVID-19 vaccines.

Interactive Dialogue with the Special Representative of the Secretary-General on Violence against Children

Report

The Council has before it the report of the Special Representative of the Secretary-General on Violence against Children on the protection of children in the digital environment (A/HRC/52/61).

Presentation of Report

NAJAT MAALLA M'JID, Special Representative of the Secretary-General on Violence against Children, said children's vulnerability to violence continued to be exacerbated worldwide by multiple and overlapping crises, including increasing poverty, food insecurity, social and economic inequalities, conflict, and the climate crisis. The urgency to end violence against children required a boost to the collective efforts, translating good intentions into concrete and sustained actions. To this end, the Special Representative said she continued to advocate, mobilise action, and build bridges through engaging with States, the United Nations system, regional organizations, civil society and faith-based organizations, financial institutions, and the private sector.

The 16 country visits she undertook across all regions stressed, once again, the critical engagement at country level and the importance of identifying together concrete and context-specific actions to end violence against children, through providing tools and guidance, sharing practices, and strengthening south-south and triangular cooperation. Last year, the Special Representative said she made a call on realising the economic dividend of ending violence through investing in cross sectoral child and gender-sensitive protection systems, and this call was gaining even further steam across regions.

The report today focused on the critical and urgent need to ensuring a safe, inclusive and empowering digital environment for children. The urgency of doing so was underlined by the fact that at least one in three internet users was under 18 and that children were connecting in ever greater numbers and at younger ages. But the digital divide, which affected millions of children worldwide, should not be forgotten. While the digital environment offered new opportunities for the realisation of children's rights, it also posed risks of the violation of those rights.

The report included three key messages: first, risks of harm to children in the digital environment were emerging quickly and spreading rapidly; second, proactive and sustained prevention was the priority; and third, children were part of the solution. Purely voluntary approaches were insufficient. Child safety by design, child rights due diligence, and regulatory frameworks compliant with the highest standards of ethics, privacy and safety of children and not of the perpetrators, were needed more than ever. Awareness-raising and capacity building for children, families and professionals was also key. In addition, adequate resources must be made available to support the effective investigation by law enforcement of online violence, especially given the complexity and transnational dimensions of dealing with crimes of this sort.

The Special Representative concluded by stressing that there was a need for urgent action to ensure a safe, empowering and inclusive digital environment for children; the burden must not be placed on children to ensure their own safety online! The development of the Global Digital Compact was a strong opportunity to achieve this, and she was working closely with the United Nations Envoy on Technology in this regard. There was no time to waste. The international community must act now, for and with children, leaving no one behind!

Discussion

In the discussion, many speakers welcomed the report of the Special Representative and thanked her for her recommendations. The protection of children from violence, including in the digital environment, was a critical issue. The report outlined the diverse forms of violence to which children were exposed to online and focused on the continuum between violence online and offline. Many speakers reiterated their commitment to eradicating all violence against children and to promote a safe environment for them.

Some speakers noted that the findings in the report were sobering, particularly that due to the impact of the COVID-19 pandemic and ongoing crises around the world, more children than ever were experiencing violence. Speakers expressed alarm at the high number of children who were being cyberbullied and subject to online sexual exploitation and abuse. It was also worrying that violence against children was becoming more normalised.

Speakers agreed with the concerns of the Special Rapporteur that efforts to protect children in the digital environment had not kept pace with the rapid pace of technological change and the growing scale and severity of harm. Concern was also expressed about the lack of comprehensive data on violence against children. It was noted that children facing vulnerabilities outside the digital environment, such as children with a migration background, were more likely to be vulnerable online.

Many speakers said that violence against children - whether online or offline - needed to be addressed with a 'children first' approach through a comprehensive child rights-based framework. It was important to involve children and youth as part of the solution. They were familiar with the online world and could help to better understand the risks and dangers, and how to face them. It was also vital to ensure an evidence-based approach, which could only be achieved when child sensitive data was available. Speakers called on States to comprehensively tackle violence against children in the digital environment, informed by the voices of children.

However, some speakers said they regretted the Special Representative's attempt to involve children in decision-making processes, and said they did not support the proposal to involve children in consultations at international venues. Due to their lack of life experience, children without proper parental guidance were especially vulnerable to manipulation.

To ensure that children were protected, respected and empowered online, safety standards and regulations needed to be mandated. Technology companies had a critical role and responsibility in addressing violence against children in the digital environment. Governments should implement measures to ensure compliance by businesses to prevent their networks or online services from being used in ways that contributed to violations of children's rights. Businesses should also embed respect for children's rights across their digital activities. Prevention needed to be a priority; it was important to ensure that children were equipped with the knowledge and skills they needed to keep themselves safe online.

Speakers asked the Special Representative how governments could support the collection of concrete data and evidence on online violence against children while balancing privacy concerns? Could she provide examples of countries where children and youth had already been proactively involved in policymaking aimed at prevention of and protection against online violence? How could States increase the link between the cyber industries and public authorities to guarantee cyber security for children? How could States improve data collection on violence against children in the digital environment while respecting their right to privacy?

Intermediate Remarks

NAJAT MAALLA M'JID, Special Representative of the Secretary-General on Violence against Children, said she appreciated the support and recommendations. All forms of violence were interlinked, and there was a continuum between violence against children online and offline, as well as a strong inter-sectorality between violence against women and violence against children. Member States must make sure that they had strong legal frameworks that made mandatory reporting vital for the information and communications technology sector. This was not enough, however, as at the same time, laws had to be implemented, and access to justice ensured, which meant raising awareness of parents, children and educational professionals in an ongoing manner, strengthening the capacity of law officials and justice systems.

What was also very important was transnational cooperation - the governance of the information and communications technology sector had to be stronger. Technology was growing fast, and the tools to manage it arrived after. It was important to ensure child safety by design, and child-rights impact assessments and due diligence were mandatory. The problem was the lack of child-sensitive reporting mechanisms that were accessible to all and that guaranteed privacy, and these should be strengthened at the country level. The information and communications technology sector also needed to put in place child- and gender-sensitive reporting mechanisms. On age controls, these were vital.

On why it was important to work together, Ms. M'jid said this was a global issue, albeit with differences. In many countries, there was cyber-security, not cyber-safety. The digital divide was also a violence done to children, which had to be bridged. The burden of child participation must not be put on children themselves - their concerns and views must be determined, in order to make them part of the solution, and there were many effective tools in existence already which could be shared. Children were not only victims- they needed to be seen as part of the solution.

Discussion

In the continuing discussion, some speakers welcomed the focus of the Special Representative's report, particularly reference at the continuum between diverse forms of violence that children were exposed to both online and offline. Everyday children in all regions and on every continent learned, connected, played, and expressed themselves online. It was critical that human rights were protected online and offline, and that children were protected from all forms of violence in the digital environment.

Speakers maintained that the development of policies and the implementation of measures to effectively respond to and prevent violence against children, including in the digital environment, was a high priority. They condemned all forms of violence against children and reaffirmed their deep commitment to the prevention and protection of children from violence, online and offline, for the accelerated attainment of the 2030 Agenda for Sustainable Development.

Some speakers said the vulnerability of children put them at maximum risk of bearing the worst brunt of the multifaceted global crisis. It was concerning that every year half of all children in the world suffered from some form of violence. The report by the Special Representative painted a concerning picture of violence against children, highlighting the numerous risks facing children in the digital environment, including cyber bullying and harassment; online sexual exploitation and abuse; exposure to violent and sexual content; promotion of suicide and self-harm; and recruitment into criminal, armed or violent extremist groups, among others. Violence against children in the digital environment was a growing concern, mostly due to the evolving nature of technology. The consequences were numerous and could have long-lasting effects on a child's well-being, mental health, and social development.

While acknowledging the significant achievements in the development of international standards and guidelines for protecting children online, speakers maintained that more work remained to be done. They supported the Special Representative's call for stronger regulation and enforcement of laws against online violence, and in that context greater synergy and cooperation between governments, civil society organizations, the private sector, and children themselves.

Some speakers fully supported the implementation of the European Union strategy on the rights of the child as a key instrument for the prevention of cyberbullying and the promotion of child protection systems, putting the child's best interests at the centre.

Speakers asked the Special Representative about best practices for expanding safe internet practice to children living in rural and isolated communities. How could the international community do more to better address risks and mitigate violence against children in the digital world? How could the private sector and service providers be engaged in this issue? How could child participation be encouraged in digital environment initiatives in which children were empowered as positive agents of change? How could children learn to better protect themselves in the digital environment?

Concluding Remarks

NAJAT MAALLA M'JID, Special Representative of the Secretary-General on Violence against Children, in concluding remarks, said violence against children was a big umbrella of various forms of violence that could occur in all settings, online and offline, and moved between the two repeatedly: this was why there was a need for a cross-sectoral approach, taking into account the specificity of the situation. It made economic sense to invest in these cross-sectoral issues, dealing with all forms of violence against children, focusing on preventing and also responding. It also meant working in concert with the information and communications technology sector, providing services on parenting, awareness raising, capacity-building, and empowering families and teachers.

Less than seven years remained to achieve the Sustainable Development Goals and these needed to be dealt with together, as they included the interlinking of children's rights and developmental rights. Work was being done in concert and closely to use the Sustainable Development Goals framework as an entry point. Children needed to feel safe, protected, and listened to, and the international community needed to ensure this. The international community needed to act now, faster and better.

Interactive Dialogue with the Special Representative of the Secretary-General on Children and Armed Conflict

Report

The Council has before it the report by the Special Representative of the Secretary-General on children and armed conflict (A/HRC/52/60).

Presentation of Report

VIRGINIA GAMBA, Special Representative of the Secretary-General for Children and Armed Conflict, said 2022 was yet another year marked by conflict, climate insecurity, and geopolitical divisions leading to a sustained high number of grave violations against conflict-affected children. In 2022, over 8,000 children were killed and maimed by armed forces and groups, more than 7,000 children were recruited and used, and over 4,000 were abducted.

Ms. Gamba was also concerned about continued increases in attacks on schools and hospitals, and the sustained high number of cases of sexual violence affecting boys and girls. Additionally, escalating conflicts, the multiplication of armed actors, and political instability increased children's vulnerability and hampered the monitoring and verification of grave violations, as well as engagement with parties to conflict. Most worryingly, the internationally agreed definition of the child continued to be challenged, with children above a certain age treated as adults, under the cover of traditional or cultural values or counterterrorism or national security responses.

Ms. Gamba said her office continued to work with partners to improve long-term protection and prevention for conflict-affected children, but ultimately States needed to comply with their obligations under international law and put human rights first. Collaboration with United Nations partners and Member States had led to important progress being made to protect children in many countries and regions: 2022 and 2023 saw the endorsement of the Safe Schools Declaration by Australia, Colombia, the Republic of the Congo and Tunisia. In Burkina Faso and Nigeria, the transitional authorities signed a handover protocol for the transfer of children allegedly associated with armed groups to civilian child protection actors. The Central African Republic signed a national plan of action against the trafficking of children with a focus on preventing the use of children by the National Defence Forces. In Yemen, the Houthis signed an action plan with the United Nations to end and prevent the recruitment and use, killing and maiming of children and attacks on schools and hospitals.

Ms. Gamba said she had engaged with conflict parties in situations on the children and armed conflict agenda, including in relation to Afghanistan, Israel and the Occupied Palestinian Territory, Ukraine, and South Sudan, to obtain concrete commitments to prevent grave violations. She also continued collaboration with United Nations human rights mechanisms, providing inputs for the Universal Periodic Reviews of India, Israel, Lebanon, Mali, Pakistan, and the Philippines, and engaging with the Special Procedures of the Human Rights Council. In 2022, Ms. Gamba said her Office had inaugurated an Analysis and Outreach Hub in Doha, and also published a follow-up study on the impact of the COVID-19 pandemic on violations against children in situations of armed conflict and a paper on the gender dimensions of grave violations against children. A guidance note was issued with United Nations partners to strengthen the monitoring and reporting of the abduction of children.

Ms. Gamba said 2023 would be a year of unprecedented challenges but also one of opportunities to continue making a difference for conflict-affected children, making their voices heard, taking their concerns to heart, and involving them in the processes that concerned them.

Discussion

In the discussion, many speakers thanked the Special Representative for her comprehensive report, including the list of priorities and recommendations to enhance the protection of children affected by conflict, and reiterated their support for her mandate. The report painted a grim picture of the situation of children in armed conflict and the addition of three new situations of concern was a sad illustration of the ongoing plight of children in many places around the world today. Many speakers said the prevention and elimination of grave violations against children as a result of armed conflict were top priorities to be addressed, as well as the effective reintegration of affected children.

Speakers said that children continued to be disproportionally affected by armed conflict, which exposed them to unbearable levels of violence, deprived them of their rights and of their childhood, and left them scarred for life, leaving permanent physical and psychological harm. From the right to education to the right to security and life itself - children's rights continued to be violated in conflict zones and their future jeopardised. Some speakers were extremely concerned about the increasing use of indiscriminate airstrikes, landmines and attacks on schools, including attacks on students and educational personnel, and noted that the military use of schools continued to increase in 2022. Speakers also noted that the largest number of violations of children's rights still involved their recruitment and use in conflict situations.

A number of speakers were deeply concerned about the plight of children in Ukraine, including reports that Russia's Government had separated at least 6,000 Ukrainian children from their families for indoctrination and, in some cases forced adoption, since the start of Russia's unprovoked and illegal war. Due to Russia's war of aggression against Ukraine, nearly three million Ukrainian children were forced to flee their country, and more than three million were internally displaced. Crimes, including sexual and gender-based violence, committed by Russian occupants, caused unbearable suffering to children, causing long-term physical and psychological trauma.

Some speakers said that global initiatives, such as the Paris Principles and Commitments, the Vancouver Principles, and the Safe Schools Declaration provided additional tools to protect children's rights and strengthen child protection, in line with the United Nations Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict. Member States were encouraged to further their commitments by endorsing these initiatives and ratifying the Optional Protocol. Speakers believed in the power of collective response that would protect children from the terrors and trauma of war. All efforts would be undertaken to end all grave violations and abuses of children's rights. It was important that United Nations Member States fully complied with their obligations under international law to protect children from armed conflict.

Speakers asked the Special Representative if she could elaborate on how tools were used in her engagements with parties to conflict? How could accountability for crimes against children during armed conflicts be ensured, including their forced deportations? What was the assessment of the Special Rapporteur's partners in Ukraine? What kind of accountability mechanism could be introduced for the attacks on school facilities? The report called for long-term, holistic reintegration programmes for children associated with armed forces or armed groups. Were there specific mechanisms recommended for the successful reintegration of these children?

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/le-conseil-dialogue-avec-les-representantes-speciales-du

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