Engaging Children in Reporting & Protecting Child Rights, Apuntes de Derechos Humanos

¡Descarga Engaging Children in Reporting & Protecting Child Rights y más Apuntes en PDF de Derechos Humanos solo en Docsity! 1 CHILDREN’S RIGHTS Written exam, 1h30min. 3 short questions. In presence. Online, write a short essay in one hour on a specific question. 1. CONVENTION ON THE RIGHTS OF THE CHILD (CRC). All Children have human rights. Not because they are “the future” or “the adults of tomorrow”, but because they are human beings today. It is a convention, not a declaration, because is legally binding for states. The CRC was unanimously adopted by the UN General Assembly on 20 November 198 and entered into force on 2 September 1990 after receiving the required 20 ratifications. CRC is based on the recognition that children are human beings with the same rights as adults, rather than ‘human becomings’ who require socialisation before being regarded as full subjects of Rights. Children are mentioned explicitly in many of the human rights instruments. The CRC brings together children’s rights as articulated in other international instruments and also packages them more completely and with a set of ‘guiding principles’. This makes the Convention one of the most visionary and universally accepted human rights agreements in history. The CRC is the most widely ratified international human rights treaty. Ratified by 196 states; only USA has yet to ratify. United States never ratified the Convention, the signed the two protocols only. Until a few years ago Somalia hadn’t ratified it yet because they didn’t have an effective government. USA haven’t ratified the covenants on cultural rights either. Minimum standard that all need to accept. Child rights approach, international standard to promote children’s rights. Try to integrate norms, standards, principles in a way that will influence the programs and policies of a state. The convention includes some provisions already included in other human rights instruments that are not specifically for children, but here children are recognized as right holders. When States ratify the convention, they can make some reservations. 43 have made reservations to the CRC. Reservations impair the efficiency of the CRC and limit the extent of its application. The most frequently reserved articles are those relating to children’s civil and political (or ‘participation’) rights Seven states (Brunai, Iran, Kuwait, Mauritania, Saudi Arabia, Somalia, Syria) have general reservations to the CRC on provisions that are incompatible with the laws of Islamic Shari’a. Save the children and the UN CRC. 1919. The Save the Children Fund Right after the WW finished. Save children in Europe, children affected by the war. In England, they saw German children as the son of the enemy, but she fought for them to be consider as simply children. Eglantyne Jebb started to write the Declaration of the Rights of Child, containing five welfare-based rights for children (1923). 2 1919 The Save the Children Fund was publicly launched at London's Royal Albert Hall in May 1919 by Eglantyne Jebb 1923 Jebb drafted her Declaration of the Rights of the Child, containing five welfare-based rights for children 1924 The Declaration was adopted by the League of Nations in 1924 1959 The United Nations General Assembly adopted an expanded version of the Declaration which had ten principles in place of the original five 1979 was the UN’s International Year of the Child (IYC). 1989 CRC was adopted unanimously by the UN General Assembly 2019 Save the Children celebrates 100 years and it is the CRC 30° Anniversary Geneva Declaration of the Rights of the Child. Adopted on 26 September 1924 by League of Nations - The child must be given the means requisite for its normal development, both materially and spiritually; - The child that is hungry must be fed; the child that is sick must be nursed; the child that is backward must be helped; the delinquent child must be reclaimed; and the orphan and the waif must be sheltered and succored; - The child must be the first to receive relief in times of distress; - The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation; - The child must be brought up in the consciousness that its talents must be devoted to the service of fellow men. *The Polish contribution: At the beginning of 1978, the Polish Government submitted a draft convention to the United Nations Commission on Human Rights with a request to include the issue of a draft convention on the Commission’s agenda. The Commission appointed a sessional Working Group open to all interested States to work on the draft convention. Sensitive issue for polish society because they had seen a lot of children suffering in the WW2. They suffered the experience of children suffering in their country specially, part of the war took place in there and they had a concentration camp specially for children in Poland. The CRC was adopted after 10 years of work. In several cases the draft text of the Convention was discussed many times over: 5 - Parents’ common responsibilities, assistance to parents and the provision of childcare services (art. 18) - Children deprived of family environment (art. 20) - Adoption, national and inter-country (art. 21) - Periodic review of placement (art. 25) - Recovery of maintenance for the child (art. 27(4)) Disability, basic health and welfare. - Measures taken to ensure dignity, self-reliance and active participation in the community for children with disabilities. Art 23. - survival and development (art. 6(2)) - Health and health services, in particular primary health care (art. 24) - Social security and childcare services and facilities (arts. 26 and 18(3)); - Standard of living and measures, including material assistance and support programmes with regard to nutrition, clothing and housing, to ensure the child’s physical, mental, spiritual, moral and social development and reduce poverty and inequality (art. 27, paras. 1–3) - Measures to protect children from substance abuse (art. 33) Education, leisure and cultural activities. - Right to education, including vocational training and guidance. Art 28. - Aims of education with reference also to quality of education. Art 29. - Cultural rights of children belonging to indigenous and minority groups (art. 30) - Rest, play, leisure, recreation and cultural and artistic activities (art. 31) Special protection measures. children outside their country of origin seeking refugee protection, unaccompanied asylum- seeking children, internally displaced children, migrant children and children affected by migration (art. 22) children belonging to a minority or an indigenous group (art. 30) economic exploitation, including child labour, with specific reference to applicable minimum ages (art. 32) use of children in the illicit production and trafficking of narcotic drugs and psychotropic substances (art. 33) sale, trafficking and abduction (art. 35) other forms of exploitation (art. 36) sentencing of children, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a)) and the existence of alternative sanctions based on a restorative approach; children deprived of their liberty, and measures to ensure that any arrest, detention or imprisonment of a child shall be used as a measure of last resort and for the shortest appropriate time and that legal and other assistance is promptly provided (art. 37 (b)–(d)) children in armed conflicts (art. 38), including physical and psychological recovery and social reintegration (art. 39) physical and psychological recovery and social reintegration (art. 39) 6 administration of juvenile justice (art. 40), the existence of specialized and separate courts and the applicable minimum age of criminal responsibility. The optional protocols on the CRC are separate legal instruments which must be ratified independently of the CRC. - The Optional Protocol on the Involvement of Children in armed conflict (OPAC)- state party 167. - The Optional Protocol on the Sale of children, prostitution and pornography (OPSC)- state party 173. - The Optional Protocol on a Communication Procedure- state party 36. o Introduce two new ways to challenge state’s violations of children’s rights. ▪ A communication procedure -Children or their representatives can bring complains about violations of their rights to the Committee, if these were not fully resolved in national courts. ▪ An inquiry procedure for grave or systematic violations of child rights, which is open to anyone. All of the rights are interdependent, and all of the obligations are binding upon the states. The CRC’s guiding principles are those rights relevant to the interpretation and implementation of all other articles and rights. - Art 2. Right of non-discrimination. - Art 3. The primary consideration of the child’s best interests this article establishes not only a right in itself but should also be considered in the interpretation and implementation of all other rights. - Art 6. The right to life and development. - Art 12. The right of all children to be heard and be taken seriously. It constitutes one of the fundamental values of the Convention. Children are rights holders. A rights-based approach is founded on the fact that children are holders. 7 Circles of influence: Stakeholders/ Duty bearers. The primary duty bearer under any human rights treaty is the State. However, it is not the only one: parents, and carers, civil society, the judiciary, the media, UN agencies, local and international NGOs and others all have duties to promote and protect the rights of the child. Impact of the convention. - Under the influence of the Convention, many States have changed their legislation adjusting it to meet the treaty’s requirements. - Improvement of the welfare of the child has been given priority in the activities of the United Nations and other international organizations. - Has given a stimulus to research on the condition of children and the enjoyment of their rights. - The CRC has also stimulated the adoption of regional conventions (namely the African Charter on the Rights and Welfare of the Child 1990 (which entered into form on November 1999) and the European Convention on the Exercise of Children’s Rights of 1996 (which entered into force on 1 July 2000). The General Assembly in its resolution 44/25, the “situation of children in many parts of the world remains critical as a result of inadequate social conditions, natural disasters, armed conflicts, exploitation, illiteracy, hunger and disability”. The General Assembly therefore noted that “children’s rights require special protection and call for continuous improvement of the situation of children all over the world as well as for their development and education in conditions of peace and security”. 20 November 1989- 20 November 2019.The 30th Anniversary of the Convention on the Rights of the Child is a unique opportunity to put children’s on top on the international agenda, to assess 10 Steps to meaningful Children’s Participation. Different levels and methodologies. Ranging from consultations or interviews with a small number of children to comprehensive child led processes where children take the lead in planning researching, structuring and writing a report, engaging in advocacy and following-up with different actors. - Child initiated, implemented and advocated (child led reporting and advocacy). - Adult led supporting and cooperating with children throughout whole process. - Adult led and written based on consultations, or surveys. Supporting children’s own follow-up advocacy: - Produce child-friendly version of CRC concluding observations and recommendations. - Support children to shape their own advocacy messages and identify advocacy and campaign opportunities. - Support children to engage with decision- makers in government and parliament. - Support children to engage with the media. - Let children express themselves in different ways. - Ensure child safeguarding. MONITORING THE CRC: PERIODIC REPORT TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD AND THE ROLE OF NGO’S NETWORK. Article that previews the mechanism of monitoring, to check how’s going the implementation in all member states. Main mechanism previewed. Delay of the Committee, they decided to have 18 members instead of 10 to be quicker. Article 43 CRC. 1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided. 2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 11 Committee on the Rights of the Child: ➢ is composed of 18 independent experts ➢ who are elected by States parties. Elected by member states, but they don’t represent member states. Different professions, to keep balance and cover all the grounds. ➢ they serve in their personal capacity for four-year terms and can be re-elected. ➢ “high moral standing and recognised competence in the field covered by this Convention” (art. 43(2)). ➢ An equitable geographical distribution and representation of the principal legal systems is taken into consideration in their election. ➢ the Committee meets in Geneva (Switzerland) 3 times a year for a period of four weeks each time: three weeks of plenary session with State representatives, followed by one week of pre-sessional working group meetings (pre-session), with UN agencies, NGOs, NHRIs and children, to prepare for upcoming sessions. ➢ The mandate of the members does not end at the same time, they don’t change at the same time. Committee Secretariat. The Committee is supported by a small permanent Secretariat at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva. The Secretariat is responsible for providing support and advice to the Committee in all its areas of work. Approve general comments in a specific topic. Specific focus to interpret the articles on the convention. They are quite important, in Italy they are translated into Italian because they’re usually in English and don’t provide with translations. 12 General Comments set out the Committee’s interpretation of various provisions of the CRC based on the experiences and insights gained during the examination of SP reports. 1. The aims of education 2. The role of independent human rights institutions 3. HIV/AIDS and the rights of the child 4. Adolescent health 5. General measures of implementation 6. Treatment of unaccompanied and separated children outside their country of origin 7. Implementing child rights in early childhood 8. The Rights of the child to protection from corporal punishment and other cruel or degrading forms of punishment 9. The rights of children with disabilities 10. Children’s rights in juvenile justice 11. Indigenous children and their rights under the Convention 12. The right of the child to be heard 13. The right of the child to freedom from all forms of violence 14. The right of the child to have his or her best interests taken as a primary consideration 15. The right of the child to the enjoyment of the highest attainable standard of health 16. On State obligations regarding the impact of the business sector on children’s rights 17. The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 19. On public budgeting for the realization of children’s rights (art. 4) 20. On the implementation of the rights of the child during adolescence 21. On children in street situations 24. On children’s rights in the child justice system Reporting cycle. It doesn’t really stop, it’s a cycle, constantly going on. 15 Increase the representativeness and credibility of the NGO submission and the chances of having more comprehensive information; Allow NGOs with limited resources to engage in the reporting process, regardless of their size and capacity; Provide the opportunity to strengthen cooperation with other child rights actors or the broader national civil society to facilitate coherent and collaborative advocacy at national level; Cover a greater range of child rights issues in a country, building on different member’s expertise and reflect the various priority areas for a larger number of NGOs. GRUPPO CRC. ITALIAN NGO GROUP FOR THE CONVENTION OF THE RIGHTS OF THE CHILD. Network open to any association, NGO, cooperative, foundation and any other stakeholder from the third sector dealing with the promotion and protection of children’s rights in Italy. Established in December 2000, 96 associations, coordinated by Save the Children Italia. Main tasks: - Supplementary Report to the UN CRC Committee. - Yearly Follow-up Report on the Implementation of the CRC in Italy. - Joint Submission of Information to UPR. - Meetings with public stakeholders. - Training for NGOs and associations. Point of reference for several stakeholders. It paints a picture of children’s right in Italy. There’s a periodic monitoring. - 11 Annual Follow-up Reports on the implementation of the CRC in Italy. - 3 Supplementary Reports to the UN CRC Committee. - 3 joint submissions of information to UPR. Different professionals in each NGO’s that is inside the network. 16 They carry out meetings with the UN CRC Committee. 9 Clusters of the CRC The Committee has created a 9th cluster on violence against children. The treaty-specific guidelines to States parties only included 8 clusters, but it has been revised in 2015 to have the 9 clusters. Structuring the report 1. The situation analysis Draw upon the widest possible range of reliable sources of knowledge, expertise and experience. Provide accurate and objective information. Reflect upon the different experiences of children throughout the country, especially if there are differences in legislation, jurisdiction, administration of services, culture, environment, etc. Illustrate a gap in law and/or practice using landmark cases or data on violations that highlight systemic weaknesses which need to be strengthened to improve compliance with the CRC. 2. Comments on the State report: Provide information on practical challenges and measures that may be lacking in the State report, as the latter is often legalistic in nature. Offer the NGO/NHRI perspective Provide brief updates on the implementation of previous recommendations made by the Committee, where relevant. 3. Concrete examples: 17 Illustrate a point using concrete evidence or specific cases, which can be useful for the Committee. This should be very brief and done in a way that is respectful of the privacy rights of those involved in the case. Information Sources An alternative report should be based on a broad range of information sources, including: current legislation and government reports on implementation of the CRC and its OPs government policy documents government statistics government budgets records of parliamentary/legislative proceedings domestic case law reports published by organisations and professional bodies working with children published research (government, academic, NGOs, NHRIs), books and periodicals data and research from UN agencies, international organisations and international, regional and national NGOs and NHRIs media reports primary research or case studies on practice and implementation, including interviews and testimonies, focus groups and surveys Other resources from the Committee: General Comments Step 3: The pre-sessional working group The pre-sessional working group (pre-session) is a private and confidential meeting of the Committee. This meeting provides the Committee with the opportunity to conduct a preliminary review of the State party report through the examination of reports received from other sources, including NGOs, UNICEF and other UN agencies, NHRIs, children and child-led organisations. This is the main advocacy opportunity for civil society, NHRI´s and UN agencies to influence what the Committee will bring up in the state review. Children can participate in the pre-session or can request a seperate 1 hour informal child pre- session meeting with the Committee. Based on the submissions and the pre-session, the Committee identifies the main questions to be discussed with the State party during the plenary session. Role of Child Rights Connect Child Rights Connect supports independent NGOs (especially child rights coalitions) and NHRIs, as well as children, to engage effectively throughout the entire reporting process. It does this by: 20 Since October 2016, the Committee issues a new type of Concluding Observations systematically for all the States that have been reviewed at least twice. In the new format the Committee identifies up to 6 issues that require “urgent measures ( “Main areas of concern and recommendations”). The Concluding Observations end the session, not the process. The Concluding Observations should set an Agenda for Action over the coming five years until the next report is due. NGOs have an important role to play in ensuring the recommendations are advocated for and implemented. Step 8: Follow-up to Concluding Observations Some examples of activities that NGOs can undertake include: promote the ratification of the OPs; advocate for the review and withdrawal of all reservations to the CRC and the OPs, where relevant; conduct awareness-raising activities, public campaigns and training programmes; support children in carrying out their own follow-up activities as part of on-going child participation in advocacy at national level; approach UNICEF to discuss inclusion of the Concluding Observations and recommendations in their advocacy and programmes activities; examine existing and draft legislation for compliance with the CRC and the OPs; conduct a budget analysis at all levels of government to determine how much is being directly or indirectly allocated to implement children’s rights; conduct studies on issues of concern, especially if they are neglected or emerging issues; produce regular reports on the situation of children; use the media to gauge public opinion and encourage awareness of children’s rights; form thematic groups of NGOs, for example within a coalition, which could focus on particular sets of the Committee’s recommendations. support systematic ansd sustained data collection on child rights issues/violations Important to have collaboration, important to include the state in the process as one of the key elements and not as external element. Monitoring State Obligations The state ls the primary duty bearer for the Implementation of nights contained in the UNCRC. The oniy intemational mechanism Progressive Implementation of the UNCRC Each reporting session should not De seen in Isolation or as a one off event. Rather, ltis a cycle that shoula set rezlstic agendas to afect change for chiigren and bulid upon the previous reporting sessions The Aim and Approach of the Reporting Process “The periodic report should provide the Committee with a basis for constructivo dialogue with the State party about the implementation of the Convention and the enjoyment of human rights by children in the Through 21 State par Committee on the Rights of the Child Constructive Dialogue 22 Strengths. • The reporting process provides a means to build a wide constituency of support at national level and creates national platforms for child rights • It provides a means to engage Governments, the Committee, civil society, NGOs and other organisations in child rights-based dialogue • It provides NGOs and children with an opportunity to raise their concerns and make their recommendations at international level (But governments should also be encouraged to facilitate this in compiling the State Report and attending the Plenary Session) • NGO reports and the Pre-Sessional Working Group are confidential allowing participants to speak freely • Concluding Observations can serve as a basis for National Plans of Action and concrete agendas for change • The reporting process is non-confrontational and therefore should be seen as a support and not a threat to Governments Standard Procedure vs the Simplified Reporting procedure. State report OS TS (LT ESTO aa session Additional TITS 53 AT MUROS IS Mod (Min TO Pre-session 25 26 SRP. Written inputs to LOIPR • Civil society to submit emerging trends and key issues and suggested questions for the LOIPR • Short and less detailed • 10,000 words comprehensive report; 3,000 thematic report LOIPR is adopted 30 Questions related to previous selected. Concluding Observations; new developments / emerging issues; a standing question for any other issue State wishes to raise; question on general and specific statistics. Based on written info from CSOs, NHRIs, children, UN agencies, but no pre-session at this stage. State report State report = replies to the LOIPR Without the State Report submitted, the rest of the process is blocked. Written inputs to state report • Written inputs to the State report from Civil society on LOIPR • Commenting on the State Report and updates since LOIPR submission • More comprehensive alternative report • 20,000 words comprehensive report; 6,000 words thematic report Pre-session Pre-session with Civil Society Organizations and children 27 Session and Concluding Observations • Same processes as for the standard cycle • Committee can ask additional questions on topics not included in LOIPR How can the SRP be effective? Challenges • LOIPR reflect the main priority issues and might not include ALL civil society inputs (e.g. thematic reports on very specific topics) • Difficulties to coordinate priority issues, as coalition (def. criteria), and within the word limit • State report is submitted late • Only 2 months between State Report and submission of CSOs report • Might be a long process Tips • The need for the Committee to receive combined, key, priority messages from across NGOs, Commissioners and NHRIs. Increases the credibility of the report with a joint, stronger voice. - More clarity for the Committee, especially when determing the LOIPR – very difficult for Committee to come up with priorities otherwise. - Promotes a more holistic and coordinated follow-up of the COBs. • Get ideas of what the Committee expects → check the information note for stakeholders • Start preparing alternative report well in advance since there is only 2 months between State Report and alternative report deadline. • If possible, check the status of the State report • Organize a Committee country visit: before the adoption of the LOIPR, or after the Concluding Observations have been issued • Linking CRC reporting to broader engagement with other Treaty bodies / broader human rights system. CHILD PARTICIPATION PROCEDURES. Child participation is encouraged throughout the process – both in the standard and simplified procedure process Children can: • Inform the State Party report • Prepare children’s submissions, either their own or supported by NGOs 30 Political and legal analysis in order to understand which initiatives and changes in legislation are needed. Context analysis in order to understand to what extent our contribution can have a real impact, in consideration of our power of influence and expertise, other actors working on the issue, obstacles to be overcome, etc. Sometimes an NGO needs to criticize politicians and they need to be accurate, NGOs cannot make mistakes because reputation is crucial. Context of the government important, if the government isn’t progressive its more difficult to push certain policies. II. Building up a strategy. Once our advocacy agenda is defined, we need to discuss and build up a strategy which we deem suitable to achieve our goals. e.g. Goal 1: effective free access of all migrant children to the health system through a change in the legislation How can we get there? How can we support to process of adoption of clear policies ? e.g. shall we launch a campaign ? Shall we create an NGO platform advocating for the them? Which are the obstacles? (e.g. political reluctancy, unpopularity of the issue) Who are the allies? (and how to engage with them and give them voice) Who are the opponents? (and how to tackle with their influence) Through strategic thinking, group discussions, flow-charts, the above questions lead to identification of : Targets: e.g. MPs, Ministers, Mayors, Experts, IGOs, etc. Objectives: getting a bill presented by [define the date], having a relevant Minister make an endorsement, CRC recommendations to Italy, etc. Channels of influence: e.g. in order to influence a Minister we can ask a prominent expert of the same cultural area to make a statement in favour of our stands; in order to influence MPs we involve their territorial constituency in advocacy activities, etc. III. Planning advocacy activities. Starting from our agenda AND strategy, we can draft a plan of activities to be put in place in order to achieve our advocacy goal. e.g. in order to achieve the adoption of a clear policy entitling all migrant children to access the public health system we should [just some examples] … - Draft the basic elements of the policy (that includes studying the relevant legislation) - Contact actors potentially available to adopt the policy (that includes mapping our contacts, studying their profile, preparing briefing notes, organising meetings, etc.) IMPORTANT: all the activities should be included in a calendar that takes into account the political agenda and the context, the “hooks” for gathering public attention around the issue, the possible countermeasures to obstacles, etc. IV. Using effective techniques. A successful advocacy program entails the careful use of advocacy techniques: 31 Counting on a sound legal analysis: it is key to be perceived as reliable and expert by our interlocutors, e.g. MPs Sending effective correspondence: when addressing our stakeholders in writing, it is important to be aware of the style to be used in letters (e.g. how to address an MP, a Minister, the President of the Republic), concise and accurate, polite and assertive. Maintaining a network of contacts: it is crucial to cultivate relationship through sending relevant information, organising public events, etc. Organizing lobby meetings: preparing for a meeting is key, including drafting notes, briefing all other members of the delegation. Holding an effective meeting means using diplomacy, expertise, empathy… and very much calm and patience! For example: correspondence letters, they’re really important and need to be concise and polite. SOME TIPS BY EXPERTS. «Be practical as well as generous in your ideals. Keep your eyes on the stars, but remember to keep your feet on the ground»- Theodore Roosvelt «Success consists of going from failure to failure without loss of enthusiasm»- Winston Churchill «The future rewards those who press on. I don’t have time to feel sorry for myself. I don’t have time to complain. I’m going to press on. »- Barack Obama Section 2: A case study- LAW 47/2017 Law of protection and reception of unaccompanied children, special law dedicated to migrant children that are in Italy without parents or any person exercising parental responsibility. References in the UN Convention on the Rights of the Child: Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members. Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 32 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision. Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Article 22 1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. 2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non- governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason , as set forth in the present Convention. WHY WE PROPOSED A LAW ON THE PROTECTION OF UNACCOMPANIED MIGRANT MINORS IN ITALY? - Two areas of applicable legislation: children’s law and migrants’ law - which one prevails? (ref. to Article 3 CRC) - Sketchy policies and practices on identification and age assessment at the arrivals – who are the minors? - Inadequate reception system – same rights of other children? (ref. to Article 2 CRC) - Unclear rules on permits of stay - Insufficient access to right to health, education, legal assistance– same rights of other children? (Article 2 CRC) - Insufficient information to children and Guardian on proceerings - Who represents the child? Do institutions listen to children’s voice? (Article 12 CRC). 35 • It is a political body • holds regular sessions in Geneva three times a year; in March, June and September with a dedicated dialogue on the rights of the child annually and • composed of 47 UN Member States with voting rights but all Member States engage and have a say in HRC discussions and decisions. • First UN agreed document: 2017 Human Rights Council resolution which urges States to mainstream children’s rights into all legislation, policies, programmes and budgets aimed at implementing the 2030 Agenda and facilitate the meaningful participation and active consultation of children. • Universal Periodic Review • High Level Political Forum, • The Forum meets annually under the auspices of the Economic and Social Council and every four years at the level of Heads of State and Government under the auspices of the General Assembly for two days. • The Forum’s first meeting was held on 24 September 2013. It replaced the Commission on Sustainable Development, which had met annually since 1993. • The Forum adopts intergovernmental negotiated political declarations. • The HLPF sessions also include voluntary national reviews on the follow-up and implementation of sustainable development commitments and objectives at national level. 45 countries will carry out voluntary national reviews (VNRs) • The theme for the HLPF 2022 will be “Building back better from the coronavirus disease (COVID-19) while advancing the full implementation of the 2030 Agenda for Sustainable Development”. SDGs under review: Goals 4 on quality education, 5 on gender equality, 14 on life below water, 15 on life on land, and 17 on partnerships for the Goals. • In 2017, the Forum focused on the overarching theme of "Eradicating poverty and promoting prosperity in a changing world." In 2019 the High-Level Political Forum undertook its review on the theme of "empowering people and ensuring inclusiveness and equality". The United Nations High Commissioner for Human Rights submitted a child rights inputs paper to the HLPF, based on broad consultation, including with children. The 2020 theme for the High-Level Political Forum is "Accelerated action and transformative pathways: realizing the decade of action and delivery for sustainable development." • General Assembly The mandates and roles of these mechanisms differ but they can all be leveraged to embed a child rights perspective into the SDGs conversation and most importantly in their implementation on the ground. 36 The 2021 SDG Progress Report. ➢ The COVID-19 pandemic is a setback for sustainable development everywhere. For the first time since the adoption of the SDGs in 2015, the global average SDG Index score for 2020 has decreased from the previous year: a decline driven to a large extent by increased poverty rates and unemployment following the outbreak of the COVID-19 pandemic. ➢ While the pandemic is a setback for sustainable development, the SDGs along with the 2030 Agenda and the Paris Climate Agreement provide the right compass for "building forward better". At the national level, Bangladesh, Côte d'Ivoire and Afghanistan have improved most on the SDG Index since 2015. COVID-19 should not lead to a prolonged reversal in SDG progress. ➢ This year's SDG Index is topped by three Nordic countries – Finland, Sweden, and Denmark – yet even these countries face major challenges in achieving several SDGs. The 2021 International Spillover Index included in this report underlines how rich countries can generate negative socioeconomic and environmental spillovers, including through unsustainable trade and supply chains. Tax havens and profit shifting in many rich countries undermine other countries' ability to mobilize needed financial resources to achieve the SDGs ➢ For most child-relevant SDGs indicators, a majority of countries were not on track to reach the target set in 2015 for all population groups, even before the pandemic: i.e.out of 105 countries, 103 were not on track to reach the target for stunting. ➢ SDG 4, primary school completion and quality education: the majority of countries were projected to meet SDG 4 target by 2030: how Covid – 19 will hijack these trends? ->an additional 90-117 million children living in poverty could lead to 7-10 million more children dropping out of school ➢ SDG 5, child marriage: rather than ending by 2030, the impacts of the pandemic on multiple drivers of child marriage could result in 10 million additional girls marrying as children by the SDG deadline ➢ SDG 16, violence against children: as a result of the pandemic, 85 million additional children may be exposed to physical, sexual and emotional violence, with potential short- and long-term impacts on their mental health and well-being. CRC§SDGs go hand in hand. We cannot achieve the SDGs without realising the rights of all children, nor viceversa. In total, 95 of the targets are either directly (48) or indirectly (47) connected to children. Opportunities for children in the SDGs: ▪ Child rights ▪ Equity: “leave no one behind” ▪ Investing in children ▪ Children a change agents ▪ Child protection issues 37 ▪ Participation and inclusion ▪ Use and disaggregation of data ▪ Universally applicable to all children, everywhere Highlights of SDGs from Child Perspective: 1. Preamble and Declaration Calls to “invest in children” – Children as positive “agents of change” 2. Goals and Targets 3. Means of implementation 4. Follow up and review at global level Child- focused sustainable development. 1.Numerical significance Children between the ages of 0 and 18 make up about one third of the world population. 2. They relate to both the present and the future. Children per definition embody and represent both current and future generations. Therefore, they are highly relevant actors both as far as short- and long-term sustainable development issues are concerned. 3. Children tend to be among the people that are most vulnerable and/or relatively most affected by sustainable development risks. Eg. Poverty impacts more acutely on children, millions of children are denied access to education, millions of children die before reaching age 5. The disproportionate impact of environmental threats on children. 4. It has a strong basis in the UN Convention on the Rights of the Child. Art. 4 States shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention The CRC guarantees specifically the children’s rights to survival and development; a standard of living that is adequate for the child’s physical, mental, spiritual, moral and social development; health; education; and to be protected from economic exploitation (as respectively addressed in CRC Art. 6, 27, 24, 28 and 32). These are all core elements in relation to sustainable development. 5. Children are important actors in the struggle to realize sustainable development. Mobilizing their agency and action might be done more easily and credibly once sustainable development agendas also pursue child-specific issues. 40 ⸙ Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. Key target element: end child labor. Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labor, including recruitment and used of child soldiers, and by 2025 end child labor in all its forms. Child labor: is mentally, physically, socially or morally dangerous and harmful to children and/or interferes with their schooling. Hazardous child labour : work in dangerous or unhealthy conditions that could result in a child being killed, or injured or made ill as a consequence of poor safety and health standards and working arrangements. Forced or compulsory labour : all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily - In the world, 160 million children are in child labour accounting for almost 1 in 10 of all children worldwide. - The agricultural sector accounts for the largest share of child labour worldwide - Over one third of children in child labour are out of school The Committee has identified in its constructive dialogues with States some significant gaps in the protection of children working in the formal and informal sectors. They include: ✓ the absence of child-specific provisions in labour legislation recognizing working children’s vulnerability in the workplace; ✓ lack of minimum wage guarantees for children; ✓ insufficient legislation that sets the general minimum age for work at least at 15 years and the minimum age for hazardous work at 18; ✓ insufficient awareness of their rights by working children or children who want to work; ✓ insufficient programmes and mechanisms to identify and protect child victims working in the formal and informal sectors; ✓ insufficient measures to enforce labour legislation, including low rates of investigations, prosecutions and convictions of those responsible; ✓ the inadequate number of sufficiently trained labour inspectors, their vulnerability to corruption and inadequate resources to inspect workplaces. ⸙ Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. Exceptional measures are needed to get students back on track. The pandemic is projected to cause an additional 101 million children (roughly 9 per cent of those in primary and lower secondary school) to fall below the minimum reading proficiency threshold, increasing the total number of students falling behind to 584 million in 2020. Nearly two thirds of the children falling behind live in Central and Southern Asia and Eastern and South-Eastern Asia Before the pandemic, progress in education was already too slow to achieve Goal 4 by 2030. 41 In 2020, as COVID-19 spreads across the globe, more than 190 countries have implemented nationwide school closures. About 90 per cent of all students (1.57 billion) were out of school. Lack of access to computers and the Internet at home, as well as a low level of computer- related skills, put many already marginalized students at a further disadvantage. In 2019, around 87 per cent of households in Europe had Internet access at home, compared with 18 per cent of those in Africa. The digital divide is also reflected in computer ownership: 78 per cent of European households owned a computer in 2019 compared with 11 per cent in Africa. Large disparities in school completion are likely to get worse, especially among poor or vulnerable children. Large disparities among population groups remain pervasive. Almost half of countries with data did not reach gender parity in primary school completion. Disparities by location and wealth are even more stark: only a third of countries reached parity in primary school completion between rural and urban students, and just one sixth of countries reached parity between students in the poorest and richest households. The pandemic is expected to further slow or even reverse progress in education completion. Between 2010 and 2019, the global primary and secondary school completion rates increased from 82 per cent to 85 per cent and from 46 per cent to 53 per cent, respectively. In sub-Saharan Africa, the primary completion rate rose from 57 per cent in 2010 to 64 per cent in 2019, while the secondary rate grew from 26 per cent to 29 per cent. Good progress in early childhood education has been brought to a halt by the pandemic Pre-COVID-19 data for 2012–2020 drawn from 76 mostly low- and middle-income countries and territories show that around 7 in 10 children aged 3 and 4 years are developmentally on track. Participation in organized pre-primary learning (one year before the official age for primary school entry) rose steadily before the pandemic, from 65 per cent in 2010 to 73 per cent in 2019. Considerable variation among regions: in 2019 was 43 per cent in sub-Saharan Africa, compared with 96 per cent in Latin American and the Caribbean. This progress has been threatened since 2020, since childcare and early education facilities have closed in most countries. Many young children were entirely reliant on their parents or other caregivers at home. Unsafe conditions, negative interactions with caregivers, and lack of adequate stimulation and learning opportunities during the early years can diminish children’s chances of success throughout their lives. Building back better from the crisis can start with basic school infrastructure data from 2016 to 2019 show that, globally, more than a fifth of primary schools lacked access to basic drinking water or single-sex toilets, more than a third lacked basic handwashing facilities, and one in four did not have electricity. Internet service and computers in schools are even more scarce. The Committee has identified the following as the main gaps undermining access to quality education: ✓ poverty; ✓ discrimination; ✓ armed violence and emergencies; 42 ✓ family violence; ✓ child labour; ✓ hidden costs of education, such as those linked to books and specialized services; ✓ inadequate educational facilities, also due to lack of sanitation facilities in schools; ✓ inaccessibility of schools, including for children with disabilities; ✓ school segregation that exacerbate existing disparities; ✓ inadequate human, technical and financial resources allocated for education; ✓ language policies; ✓ shortage of qualified teachers; ✓ poor curricula content and teaching methods; ✓ insufficient incorporation of human rights education in school curricula and the training of education professionals; ✓ privatization of education, and insufficient measures to ensure the compliance of private schools with minimum educational standards. - many girls are out of school owing to heavy domestic workloads, child marriages and early pregnancies, and negative societal attitudes towards the importance of educating them. - children in disadvantaged or vulnerable situations (including children with disabilities, children living in poverty, children in street situations, children living in rural or marginalized urban areas, migrant, asylum-seeking and internally displaced children, children from minority groups, children living in alternative care, children living with or affected by HIV/AIDS, and children in conflict with the law. ⸙ Achieve gender equality and empower all women and girls. Violence against women persists at unacceptably high levels and has been intensified by the pandemic. Nearly one in three women (736 million) have been subjected to physical and/or sexual violence at least once since the age of 15, usually by an intimate partner. Intimate partner violence starts early: Among girls and women who have ever been married or had a partner, nearly 24 per cent of those aged 15 to 19 years have been subjected to such violence, as have 26 per cent of those aged 20 to 24. COVID-19 threatens global progress against child marriage Over the past decade, the practice of child marriage has declined significantly: by 15 per cent, from nearly one in four to one in five. As a result, the marriages of some 25 million girls have been averted. However, the profound effects of the COVID-19 pandemic are putting girls at higher risk of early marriage due to a combination of economic shocks, school closures and interruptions in reproductive health services. Over the next decade, up to 10 million more girls will be at risk of child marriage as a result of the pandemic, in addition to the 100 million who were projected to become child brides before. Most child marriages due to the pandemic are expected to occur in the near term, though the impact is likely to be felt for at least the next decade. 45 CRC P4 - Best Interests of the Child: the Best Interests of the child should be considered first and foremost in all decisions regarding the child. Each child’s best interests should be considered as an individual. Root causes and risks that a child protection intervention should take into account. Social/gender norms - the way children (boys and girls) are viewed and treated in society. General concept around the child. Poverty – children in lower income households are more at risk of some forms of violence, abuse and exploitation, being abandoned by their family or placed in residential care because caregivers do not feel able to provide for a child. Unequal power relations between children and adults. Gender based and other forms of discrimination (against minority groups, people with disabilities etc.). Lack of children’s participation in society and weak accountability systems such as child friendly information and reporting mechanisms. Structural barriers to children’s protection such as weak laws and policy. Main protective factors that a Child protection intervention should take into account. • Living in environment; • Supportive family/community/ peer networks; • Positive gender norms which respect and empower girls and women in society; • Positive social norms about childhood; • Access to school and education; • Adequate family income • What else…? Main approaches to Child protection interventions. Rights based approach The Rights based approach is based on every child's non-negotiable right to be protected and to be cared for - ideally by their family or in a family setting. They are rights-holders who are entitled to respect. Essential aspect of a rights-based approach are 1) address discrimination as well as attitudes and practices that accept or condone violence against children 2) ensure protection for all children rather than focusing on specific categories of children Child centered approach Children are the primary decision makers and their view and voice are taken into account in any decision affecting them. Family & community based approach 46 Families and communities are central to the care and protection that children need. Child protection work builds upon existing community mechanisms that protect girls and boys. Child protection systems. The systems approach recognises that while the government have the ultimate responsibility, protecting children is everyone’s business and that families, extended families, communities, civil society, and the private sector all have a role to play. Child protection systems are formal and informal structures, functions and capacities that have been assembled to prevent and respond to violence, abuse, neglect and exploitation of children. Child protection systems are deeply rooted in socio cultural contexts therefore, it is crucial that formal and informal levels of work are integrated: • Formal elements are those elements established or sanctioned by the government and guided by laws, regulations and policies. • Informal elements do not have state/government mandates for protective functions. Instead, they are shaped by attitudes, values, behaviours, social norms and traditional practices in society. Informal elements in any system often play significant roles in ensuring that children are protected. Keys of successful child protection systems: A Child protection system is made up of key components that, when properly coordinated, work together to strengthen the protective environment around each child and its family: • A national strategy • A legal framework • A coordinating agency • Local protection services • A justice system • Child participation • An aware and supportive public • A trained workforce • Adequate resources • Standards, regulations • Data collection systems Rings of protection: the social-ecological model. 47 Migrant minors. Save the Children adopts a holistic focus on child migration, using the following umbrella definition of children on the move: “Those children moving for a variety of reasons, voluntarily or involuntarily, within or between countries, with or without their parents or other primary caregivers, and whose movement might place them at risk (or at an increased risk) of economic or sexual exploitation, abuse, neglect and violence”. This definition brings together children: ✓ who have been trafficked ✓ asylum seeking children ✓ children who migrate ✓ children displaced by conflict and natural disasters ✓ children who live and work in the streets. • Child: any person under the age of 18 (CRC, Art. 1) • Unaccompanied children: separated from both parents, AND other relatives, AND are not being cared for by an adult responsible for doing so. • Separated children: those separated from both parents, or from previous legal or customary primary caregiver, but not necessarily from other relative. • Orphans: children both of whose parents are known to be dead. Unaccompanied migrant minors in Italy: nationalities and migratory routes. Since the beginning of its work in Italy, Save the Children has identified migrant children and, in particular, unaccompanied minors as one of the groups of children most at risk. From 2008 to June 2015 Save the children operated on the southern border within the Praesidium Project (in partnership with UNHCR, IOM and IRC), from June 2015 to September 2016 it continued its activities with its own funds and from October 2016 it operates within the project funded by the Ministry of Interior, Children Come First, in order to strengthen the system of protection and reception of migrant children arriving in Italy. Since 2019 SCIT operates with its own funds in north and south borders. 50 The humanitarian emergency concerns not only migrants and refugees but also thousands of internally displaced persons. At 1 march 2022 the number of refugees and asylum seekers (only those registered by UNHCR) is 42.528 including 14,685 children under the age of eighteen, and come mainly from Sudan, Syria and Eritrea. According to data (UNHCR) on interceptions at sea, As of October 31, 2021, the Libyan Coast Guard (LCG) and General Administration for Coastal Security (GACS) rescued/ intercepted a total of 27,551 people in different locations along the Libyan coast. At October 2021, Libyan local authorities have reported 347 people missing while attempting to cross the Mediterranean towards Europe . • An estimated 803,000 people in Libya are considered to be in need of humanitarian assistance. Displaced Libyans, asylum seekers, refugees and migrants are amongst the most vulnerable populations. Many Libyans are armed and the political situation is out of control so it is frequent to get beaten or even injured or killed with firearms. There are different types of armed groups and official and unofficial detention centres where living conditions are very bad. The influence of Libyan tribes is fundamental in controlling territory and business. • Living conditions are also very difficult for a large part of the Libyan population, We assist at an increase in the number of Libyan migrants, including many families. • Most migrants, including minors, report having been in Libyan prisons or having been kidnapped by armed groups, remaining locked up until a family member or friend was able to pay the ransom for their release. Others are forced to do heavy work to be released; others run away, risking their lives: prisoners do not hesitate to shoot at those who "create problems" or try to escape. During the period of imprisonment, migrants are subjected to all sorts of abuses and many report having suffered torture and violence. • While waiting to leave, they are locked up in places with alarming sanitary conditions. The stories show that many people waiting to leave have fallen ill and died as a result of poor sanitary conditions. • They say that they have also suffered violence during the phases of getting on the ship: often traffickers in front of signs of hesitancy of migrants to get on the boats beat them up. In addition, they are generally deprived of their personal belongings. Unaccompanied minors in Italy. • Being recognized as a minor and as unaccompanied is not always easy: issues of age assessment and verification of parental relationships • Once identified as minors, they are equal to Italian minors and have access to the same rights (access to education, health registration) • No refoulement: minors alone have the right to remain in Italy (even if they do not ask for asylum). By law (see art. 19 c.2 Italian Immigration Law), minors alone cannot be sent back to their country of origin, unless they ask for it (so-called assisted voluntary return). • They cannot be held in Centers for adult migrants, they must be placed in minors’ centers. 51 • To every unaccompanied minor must be appointed a guardian who is legally responsible for him/her. • If they have relatives in Italy or in Europe that can and want to receive them, they have the right to family reunification. Difficulties faced by the minors. • Waiting times are long and reception conditions are not always adequate. • The time for the appointment of voluntary guardians varies from one area to another. • The structures do not always guarantee the presence of cultural mediators and legal advisors able to understand, listen, support minors. • The procedure for family reunification is too long and complex • They do not always meet the requirements necessary to stay regularly in Italy after the age of 18. Displacements: motivations and related risks. • They want to quickly reach relatives, friends or acquaintances living in other cities of Italy (mainly Egyptians) or in other European countries (Eritreans, Somalis) • If they leave before the identification or before having obtained a permit of stay, they become "invisible”, at risk of exploitation, mistreatment and abuse • They are often not aware of and underestimate the difficulties they will encounter while continuing their journey • They are at high risk of being abused by new traffickers, of trafficking and of labor and sexual exploitation when they leave the country • The system is deficient in providing a response within an appropriate timeframe UKRAINE. In Italy: • Child protection team at Slovenia/Italy border in partnership with UNICEF; • Rescue operation at the Polonia/Ukraine Border for the evacuation of 92 people including 21 unaccompanied minors • Activation of legal, psychosocial support and child-friendly spaces in the main cities of destination in Italy Why children migrate? It is also important to recognize that migration can lead to positive outcomes for girls, boys and families: - Improve access to education. Formal or non-formal. - Improved livelihood and job opportunities. - Improved access to primary services (health, protection, social protection, legal). - Increased security. 52 - Change to remain with or be reunited with family members (immediate or extended). - Personal development. - Increased participation and equality. Child protection interventions do not aim at stopping or preventing any individual from fleeing or migrating, rather it seeks to mitigate triggers and causes of unsafe migration, to help children to make informed decisions in their best interests to respond to the protection risk and violations associated to the migration. Main protection concerns for migrant children • Separation from family and caregivers • Lack of appropriate care • Injury, accidents when on route • Harassment, corruption, violence and abuse (physical, emotional, sexual) • Trafficking risks and exploitation by smugglers • Gender based violence, including engagement in prostitution and risks of transactional sex and forced marriage • Exploitation and increased vulnerability to the worst forms of child labour • Debt bondage and illegal confinement; Detention • Conflict with the law as they are perceived as criminals/ detention • Forced deportation or refoulement • Psychological emotional and physical stress; mental disorders • Discrimination and lack of access to basic services • Recruitment by armed forces and groups Situations of forced migration, displacement and emergency have devastating effects on children's lives, and boys and girls are uniquely vulnerable due to their age and social status. Therefore, in the situation of migration and displacement child protection is a life-saving priority and Child protection prevention and response mechanisms must be established or children's lives and well-being will be put at risk. The most important outcomes of child protection are to prevent violence, abuse and exploitation against migrant and displaced children and ensure them access to protection services. Priorities. Priority objectives are: • To ensure that migrant and displaced girls and boys are safe where they live, learn and play. • To strengthen the capacity of migrant and displaced children to participate in their own protection. 55 3. Children have the right to liberty of movement within their State, and to leave their State and any other. 4. The detention of children because of their or their parents’ migration status constitutes a child rights violation 5. During all phases of migration, children shall not be separated from their parents or primary caregivers (unless it is in their best interests). 6. Migration management measures shall not adversely affect children’s human rights 7. Children shall have a right to express their views freely in all matters affecting them. Ukraine crisis response- What are we doing to protect children? Ensure that children continue to learn, despite displacement and disruption to education services. By prioritising services for particularly vulnerable children, unaccompanied minors and children with disabilities and by providing services to prevent, trace and reunify families, we ensure that children are protected from additional harm. By distributing cash grants and vouchers, we ensure that children and their families have a safety net to get them through this crisis and build resilience. By advocating with governments, we ensure that the rights of children are upheld. Across our responses, we respond to the deep psychological impacts of conflict and displacement through our quality MHPSS approaches. By protecting the rights of all children and their families on the move through safe pathways, open borders, appropriate asylum procedures. By strengthening of monitoring and reporting of ongoing grave violations. There are reports of unaccompanied and separated children, who are especially vulnerable to violence, abuse, trafficking and exploitation. We are also hearing reports of discriminatory policies at border crossings, impacting the movement of children and their families from minority backgrounds. Pre-existing issues around trafficking and sexual exploitation of children and adult women in Ukraine and surrounding areas are likely to be amplified, and there is a very high risk of Sexual Exploitation and Abuse (SEA) from the influx of INGO and NGO workers, CSOs and others who have deployed in different capacities to support the response. The volume, turnover and movement of response staff. 3. CHILDREN IN ARMED CONFLICT. We do not have a clear definition of what is war, that’s why we use several definitions. Problem that started years ago, we aren’t still able to find a solution of what is war. In generic terms, we could say that it is conflict between people, it can a generic term, everybody understands what you are talking about when you say war, but nobody knows how to describe them. It is an idea, everybody has its own definition, but we need a common definition to establish rules. Save the children born after WWI, not only to defend child rights, also to try and have a common definition of war and how children rights are affected by it. 56 Problem of definition of war. From an institutional point of view, wars do not exist anymore, we have abandoned the idea of war after wwii, today war is out of law. The most powerful are able to impose definition. What is right and what is wrong isn’t right or wrong forever, it is a question of point of view. If we want to defend child rights, we must impose our definition of child rights, we must be strong to do it. Today the real rules are not linked to human rights, are linked to economy or financing. Human rights are not binding, but if you violate a contract, you pay. - The return of the “just” war. On April 2, 1917, President Woodrow Wilson, in the midst of world conflict, announced that the United States of America is entering a war against Germany. This is evidently the clear and full renunciation of the neutralist policy hitherto practiced on the basis of Monroe's doctrine, to commit, as a global power, to "actively guarantee the freedom of peoples and world peace". According to Wilson "the German naval war is a war waged against all the nations of the world, that is, against humanity". Starting from this analysis, where all the main elements of this new geopolitical phase are already contained - denunciation of a war against humanity, immoral war, desire to bring freedom and peace for all peoples of the earth - Germany was declared hostis generis humani - an expression hitherto normally used for international organized crime such as piracy - and therefore considered an enemy against whom "neutrality is neither morally legitimate nor practicable". The wwi is a war of destruction, separation. The wwii was a constituent one, led to construction. The cold war was the war of maintenance, in reality the definition of cold war was due to the fact that the contrary of cold was warm, and that meant atomic power. Peace of Westphalia, important point. Nations decided to abandon the idea of just war, war as a conflict well organized between nations. Clear rules: declaration of war, what weapons can be used, treatment of prisoners. - The consequences. 57 - 1) The emergence of the United States of America as a global power and, consequently, the end of the political and legal centrality of Europe; - 2) The decline of the jus publicum europaeum as a means of regulating the war between states, and the emergence of "universalistic" international institutions - above all the League of Nations - which would have claimed to guarantee peace through the legal proscription of war; - 3) The advent of a "discriminating" war: entering the war against Germany with those reasons, the United States had canceled the non-discriminatory concepts of war and neutrality and had given itself the power to decide on an international scale which belligerent party was right and what wrong. IMPLICATIONS. • The First World War, after the entry into play of the United States on the basis of these reasons, had therefore ceased to be a "classic" interstate war, to become a model in which it was considered not only "right" but even "humanitarian" because conceived as an international police action against the enemies of humanity: the new barbarians or the new pirates, deprived as such of all rights and all legal protection. • Regression from the jus publicm europaeum based on the relationship between states and therefore who considered war as a form of this relationship, regulated accordingly. • Thus, the ethical-theological doctrine of the "just war" returns, with the consequent abandonment of the juridical regulation of the wars between states which had operated in Europe for some centuries. The ius publicum europeum of the war After the medieval jus gentium and the universalistic conception of theocratic-imperial power had passed, Eurocentric international law had become established thanks to the advent of the modern European state. The state was sovereign both internally and externally and was therefore freed from the authority of the Roman pontiff and extraneous to the medieval doctrine of the «bellum justum». Post-medieval European international law, together with the international legal authority of the Catholic Church, had rejected the principle of the just cause of war, which had replaced the formal reference to the equal sovereignty of States. The cornerstone of the legal qualification of the war between sovereign states was no longer the ecclesiastical argument on the causes, just or unjust, of the war waged by each belligerent subject but the notion of justus hostis, which attributed formal legitimacy to every interstate war waged by European sovereigns, recognized as having equal rights, including the right to wage war. The legal formalism made it possible not to exclude that both the contending countries could have good reasons to fight a war - bellum utrimque justum - reasons which, moreover, were evaluated on their own by the chancelleries of each State. This was inevitable in the absence of a stable auctoritas spiritualis, endowed with universal political and juridical power and universally recognized as superior to that of kings and princes, according to the paradigm of the Christian republic. This legal formalization had therefore had the great merit of putting an end to the massacres of religious wars. For some centuries the public law of the European countries had made possible a limitation of the war and therefore a rationalization of it as the enemy, even if defeated, did not lose his dignity and his rights, as proved by the rules regarding the treatment of prisoners, the immunity of 60 According to this intuition, a project to pacify the world would require the construction of a polycentric and multipolar regionalism and a relaunch of multilateral negotiation between groups of states, not only as a normative source and legitimizing of regional integration processes, but also of rebalancing between forces worldwide. For example, a Europe as a regional, political and not only economic "large space", could regain its strategic centrality, exactly as the Latin American continent and vast Asian regions (India, China) are doing, and could help promote a multipolar structure of international relations: a new UN of continental "large spaces". A rethinking of the development model is enough on SDGs All this requires at the same time a push from the bottom, and here the role of the big international NGOs and their intercontinental networks is fundamental to implement highly territorialized projects and build alliances that demonstrate the practicability of the alternatives, and push on the cultural and political changes able to support the sustainable development framework. Specifically, for those of us operating in Europe, the geopolitical objective should be to contribute to the construction of European political culture oriented towards a joint dialogue with other civilizations, starting with the Arab-Islamic world, and to make the Mediterranean, today the epicenter of an incandescent asymmetric world conflict and a negator of international humanitarian law, a crossroads of peace. To demand that international and European agreements in terms of human rights are respected and financially supported, even with a close dialogue with the private sector that is more sensitive to sustainable development issues. INDEX OF INTERNATIONAL GUIDELINES AND PRINCIPLES • DAC Recommendations on the Humanitarian Nexus, Development and Peace (pending approval, to be adopted by 25.02.2019) • Pathways for Peace: Inclusive Approaches to Preventing Violent Conflict. Washington (World Bank, United Nations 2018) • European consensus for development (2017) • EU Council conclusions May 2017 "operationalizing the H-D nexus" • Agenda for Humanity (WHS 2016) • 2030 Agenda for Sustainable Development and the Sustainable Development Goals (2015) • Addis Ababa Agenda for Action (2015) • Paris agreement on climate change (2015) • Stockholm Declaration on Addressing Fragility and Building Peace in a Changing World (2016) • New York Declaration for Refugees and Migrants (appended to General Assembly Resolution 71/1 (2016) • Sendai Framework for Disaster Risk Reduction 2015-2030 (2015) • New Deal for Engagement in Fragile States (2011) • Busan Partnership for Effective Development Cooperation (2011) 61 • OECD Recommendation of the Council on Policy Coherence for Development [OECD/LEGAL/0381] (2010) • OECD Fragile States Principles and the Women, Peace and Security agenda (2010) HOW TO PROTECT CHILDREN IN ARMED CONFLICT? Children rights in armed conflicts. Eglantyne Jebb. From the ashes of First World War a new consciousness of the need for international cooperation in the protection of children was born. Thus, nations who used to be rivals united to give this project a universal and consensual dimension. Eglantyne Jebb, the instigator and pioneer of the movement to internationalize children’s rights and the founder of Save the Children, described it in these terms: “international aid to children, which is in the interest of all, is also a way to help people apart to take a common action and, on a ground acceptable to all, a chance to learn again how to work together”. So the first steps in guaranteeing international children rights came from the consequences of the 1° World War and the ideas of Save the Children founder Eglantyne Jebb. Save the Children's founder, Eglantyne Jebb. At the beginning of the 20th century, Eglantyne Jebb had a vision: to achieve and protect the rights of children worlwide. She was driven by the belief that all children - whoever they are, wherever they are - have the right to a healthy, happy, fulfilling life. And the belief that change is within reach - if we have courage, determination, imagination and good organisation. Her vision has survived into the second decade of the 21st century. International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict. A major part of international humanitarian law is contained in the four Geneva Conventions of 1949: 1. Amelioration of the Condition of the Wounded in Armies in the Field 2. Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 3. Treatment of Prisoners of War 4. Protection of Civilian Persons in Time of War The Conventions have been developed and supplemented by two further agreements: the Additional Protocols of 1977 relating to the protection of victims of armed conflict: 1. Protocol I provides that “children shall be the object of special respect and shall be protected against any form of indecent assault”. 2. Protocol II requires parties to the conflict to provide children with the care and aid they require, including education. The UN Convention on the Rights of the Child (CRC) is an international law, which defines and upholds basic rights for all children in the world up to the age of 18. Adopted in 1989 by the UN General Assembly the CRC is near universal ratification 62 UN CRC OPTIONAL PROTOCOL ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT. Optional Protocol on the Involvement of Children in Armed Conflict (OPAC) entered into force on 12 February 2002, raised the minimum age for conscription into military and participation in hostilities to 18 years (for state parties). Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose. Before the OPAC the Rome Statute of the International Criminal Court, included therein as a war crime, conscripting, enlisting or using of children under the age of 15 years to participate actively in hostilities in both international and non-international armed conflict. Special representative on children and armed conflict. In December 1993, following a recommendation by the Committee on the Rights of the Child, the UN General Assembly expressed its concern “about the grievous deterioration in the situation of children in many parts of the world as a result of armed conflicts.” The UN General Assembly and the Committee on the Rights of the Child asked the Secretary- General to name an expert to conduct a thorough study on the impact of conflict on children, including their participation in wars as child soldiers. Graça Machel, Mozambique’s first post-independence Minister for Education, and an advocate for children’s rights, was named to undertake this massive project. Her report, “Impact of armed conflict on children”, presented in 1996 to the General Assembly, described the brutality millions of children caught up in conflicts were exposed to and demonstrated the centrality of this issue to the international human rights, development and peace and security agendas. It was a call for urgent action. She identified children as the primary victims of armed conflict and included a set of recommendations, including the nomination of a special representative of the Secretary-General on children and armed conflict to keep the protection of children “very high on the international human rights, peace, security and development agendas”. In December 1996, the General Assembly welcomed the report in its resolution A/RES/51/77 and recommended that the Secretary-General appoint a Special Representative on children and armed conflict. Group of friend of CAAC Shortly after the creation of the mandate, an informal group of Member States called “Friends of the Special Representative” was created in New York to provide support to the mandate. This group is now called the Group of Friends on children and armed conflict and continues to play an important role. In the past few years, additional Groups of Friends have been established in Geneva, Afghanistan, the Philippines, the Democratic Republic of the Congo and Sudan. In the field, the groups help Member States coordinate their action. The 6 grave violations of children in conflict UN security Council Resolution 1261 (1999). In 1999 UNSC determined that child protection is a primary peace and security concern. Identifies and condemns six grave violations against the rights of children in conflict situations: 65 6. Denial of humanitarian access to children Definition: The intentional barring by physical force or administrative barriers of the unhindered and safe movement of personnel and humanitarian material into and out of the affected area to enable the timely delivery of humanitarian assistance to persons in need. ✓ Humanitarian assistance includes all acts, activities, and the human and material resources for the provision of goods and services indispensable for the survival and the fulfilment of essential needs of conflict-affected persons Legal Framework • Fourth Geneva Convention, relating to the protection of civilian persons in time of war & Additional Protocols: Prohibits the denial of humanitarian access to children and attacks against humanitarian workers. Parties must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, subject to their right of control. • UN CRC State Parties are obligated to ensure the protection and care of children who are affected by armed conflict • The Rome Statute of the ICC Attacks against personnel or humanitarian units may constitute a war crime Children experienced a total of 26,803 grave violation in 2020. This is not only an increase from 26,233 in 2019 but is the fourth consecutive year the number of grave violations has increased and is yet another record total. In addition some grave violations are significantly gendered. First, boys heavily outnumber girls in recruitment and use of children in armed conflict as boys make up 85% of child victims in 2020. Second, sexual violence harms mainly girls as they constitute 98% of the children suffering this violation. The most dangerous countries for children in conflict 2020: 1. Afghanistan 2. DRC 3. Syria 4. Yemen 5. Somalia 6. Mali 7. Nigeria 8. Cameroon 9. Sudan 10. CAR Key steps and recommendations for Save the Children. • Review approaches to counter-terrorism and preventing violent extremism to ensure they are respectful of children’s rights and that, irrespective of any actual or perceived association with armed groups, children are treated first and foremost as children and victims of children’s rights abuses 66 • Regulate and improve transparency on international arms transfers and delivery and the supply of other military services, making these explicitly conditional on respect for international legal and normative standards • Deploy child protection experts into the UN, African Union, European Union, NATO, and other regional organisations’ forces. • Develop and use national systems – such as sequestering property, freezing bank accounts and imposing travel bans – to act against individual perpetrators of violations of children’s rights in conflict and resource national crime agencies to investigate grave violations of children’s rights in third countries and to prosecute through national courts • Encourage the UN General Assembly to establish a standing impartial, independent and international mechanism that can be activated to collect, consolidate, preserve and analyse evidence of violations of international humanitarian law and human rights violations and abuses, notably children’s rights. • Commit to ending impunity for those responsible for grave violations and financially and diplomatically support the UN’s systematic monitoring and reporting of violations of children’s rights in conflict, including the tracking of age- and gender- disaggregated data on grave violations, and the complete, accurate and impartial naming of perpetrators. • Support international mechanisms to prosecute cases of violations of children’s rights in conflict, including through resourcing dedicated gender-sensitive, child-specific expertise in international investigations and through support for the International Criminal Court and ad hoc judicial mechanisms • Establish a holistic response that addresses the needs of children, including child protection reporting and referral, and monitoring systems to identify children at risk of dropping out of school, particularly girls. 4. A CHILD CENTERED APPROACH TO EMERGENCIES. Humanitarian context and trends. Humanitarian Crisis are (even more) - Protracted/recurrent - Complex - Marked by conflict and movement of people Humanitarian need has increased consistently. Resources to meet the need are not increasing enough. 3 DRIVERS. 1- Climate related extreme events. 2010-2019 was the hottest decade on record, characterized by climate- and extreme-weather- related disasters (heatwaves, droughts, tropical storms and acute floods) creating heightened 67 levels of risk and vulnerability, negatively impacting human rights and disrupting livelihoods and threatening lives. A total of 389 climate-related disaster in 2020, affecting 98.4 million Climate Change is a threat multiplier, also driving conflict and displacement and fuelling food insecurity and economic, human rights and societal challenges The threats to health are becoming clearer, from the widening footprint of infectious diseases and growing heat-related mortality to undernutrition caused by water scarcity and food insecurity. WHY? Climate Crisis threatens child rights and our breakthroughs and will worsen inequality SURVIVE • More than 99% of deaths attributable to climate-related changes occur in developing countries – over 80% are children (UNICEF 2015b). • A world with a medium-high climate change will have an additional 25.2 million malnourished children.” (Phalkey et. al. 2015). LEARN • In Africa, school enrollment rates have declined 20% in regions affected by drought (World Bank 2017). BE PROTECTED • By 2050, 143 million people across Sub Sahara Africa, South Asia and LAC will be forced to ‘permanently’ migrate due to CC (WB 2015) 2- Conflict and violence. Political conflicts are more intense and taking a heavy toll on civilians, disproportionately affecting children (i.e. attacks on schools and medical facilities). For the tenth consecutive year, more than 90% of casualties from explosive weapons in populated areas were civilians and conflict accounts for 80% of humanitarian needs. Conflict-related sexual violence continues, mostly targeting women and girls Persistent constraints: Humanitarian access and operations continued to be hampered by conflict. Attacks against humanitarian workers and assets, bureaucratic impediments, counterterrorism, sanctions measures and political attacks, which delegitimize humanitarian response. In 2020, 117 humanitarian workers were killed, and WHO recorded the killings of 182 health-care workers in 22 countries affected by armed conflict Mercenary Groups - Civil-military coordination is difficult when there are multiple actors on the ground, including mercenary groups with little experience of humanitarian operations. Failure to address the root causes of fighting can lead to repeat cycles of violence. Big UN- mediated peace deals may no longer be the answer - local organisations and women's participation are more and more recognized as key players in delivering lasting solutions. But the international side of the aid sector – powered by mainly Western donor budgets and top-down plans – has never been quick to embrace change 70 3- Gender and GBV. Gender inequalities continued to worsen in 2020. Women and girls were disproportionately affected by the pandemic and other global crises, exacerbating pre-existing gender norms and inequalities. Despite some progress over the past decade, gender parity remains far from reach as women and girls continue to face structural marginalization and discrimination. According to the World Economic Forum, the fallout from the COVID-19 pandemic could add another generation to the fight for gender parity, a goal predicted to take over 100 years to achieve. Women and girls are often severely limited by gendered systems, structures, laws and social expectations, and underrepresented in decision-making processes on climate action. Violence against women and girls has intensified in some settings, giving rise to a shadow pandemic of GBV. Women and girls living in humanitarian contexts continue to be among those most affected by gender inequalities and are experiencing GBV at a disproportionate rate: over 70 per cent compared with 35 per cent worldwide. Humanitarian Operational Consequences A global shift of direction, starting from the humanitarian sector. • World Humanitarian Summit 2016 • Grand Bargain 30 main humanitarian actors (UN agencies, donors, INGO) agreed on a non binding contract to improve efficiency of humanitarian funding • New Way of Working (UN/IOM/WB) Framework aiming to reduce risks and vulnerabilities towards the accomplishment of the Sustainable Development Goals filling the gap between development and humanitarian aid (NEXUS) • 2017 – Tripartite Nexus Humanitarian – Development – Peace 71 WORLD HUMANITARIAN SUMMIT 2016 A new way of working. To reduce humanitarian needs. 1 – Localization/Partnership/Local crisis prevention and response systems 2 – Anticipate crisis instead of waiting for them 3 – Collective results (shared between humanitarian, development and peace actors (Nexus) Exploding the Nexus. OECD DAC recommendations: Cluster 1–TO COORDINATE across the nexus based on joint risks analysis and identification of collective outcomes 1 - Joint risk-informed analysis 2 - Identification of collective outcomes with humanitarian, development (and peace) actions Cluster 2 – TO PROGRAMME within the Nexus 3 - Prioritise prevention, investing in development whenever possible, while ensuring immediate humanitarian needs continue to be met 4- Put people at the centre, tackling exclusion and promoting gender equality 5- Strengthen national and local capacities 6 - Invest in learning and evidence across humanitarian, development and peace actions Cluster 3 - TO deliver better FINANCING across the Nexus 7 - Use predictable, flexible (across sectors), multi-year financing, based on evidence 8 - Advocate for greater support for insurance and contingent-financing mechanisms 1- A needs analysis based on humanitarian risk. - CAFU (Context Analysis and Foresight Unit). Objectives: - Identify future crises likely to impact children most, using data & insights to analyze key drivers of needs. 72 - Support Save the Children’s teams and partners in acting when and where we can have the best possible impact for both children in needs and children at risk. - Develop, adapt and share analytical standards and tools for a more proactive, risk-aware, conflict-sensitive, and locally-led aid sector. - Grow the next generation of aid professionals by training and embedding a pool of skilled and influential Strategic Analysts. - Conflict Sensitivity. 2- Prioritize crisis prevention. -La Resilienza. An individual/family/community/social system capacity to absorb, adapt and change after a shock, without compromising long term sustainability Important. No Resilience in absence of a shock 3 capacities: ABSORPTIVE, ADAPTIVE,TRANSFORMATIVE -Preparedness e Anticipatory Action. -Early Warning Systems. 75 • We’ll promote an approach to localization focusing on strengthening the capacity of local actors of interaction with Early Warning/Early Action and Child Sensitive Social Protection systems supporting the attention to Shock Responsiveness We’ll focus on Cash and Voucher Assistance (CVA) as privileged tool to meet households’ primary needs and maximise results for children (using common approaches such as Resourcing Families for Better Nutrition). SAVE THE CHILDREN ITALY’S EMERGENCY RESPONDE TO THE UKRANIAN CONFLICT. Background On February 24, an international armed conflict started in Ukraine. In the 10 weeks since the beginning of the conflict: • More than 5.7 million refugees have fled Ukraine • A further 7.7 million people have been displaced internally within Ukraine and a third of Ukrainians have been forced from their homes • Some 13 million people are estimated to be stranded in affected areas or unable to leave due to heightened security risks, destruction of bridges and roads, as well as lack of resources or information on where to find safety and accommodation. Many people who are trapped are unable to meet their basic needs including food, water and medicines. The delivery of life-saving aid remains challenging, with a lack of safe humanitarian access. (source: UNHCR) • Since the beginning of the international armed conflict in Ukraine, 112.098 Ukrainian civilians arrived in Italy, most of them are women and children. (Source: Ministry of the interior) Since the beginning of March, we have also been active in Italy, with a multisectoral intervention. Number of beneficiaries reached through our intervention: Adults-> 2.504. Children-> 2.339. 76 • Border activities: Save the Children has activated a team at the border (North-East, Fernetti) composed of a legal expert and a Ukrainian mediator to guarantee immediate support and assistance to arriving people, especially women and children, as part of a broader collaboration with Unicef, and in coordination and collaboration with UNHCR. In addition, we distribute non-food items. • Hotels and city reception hubs: Mobile teams composed of a psychologist, a cultural mediator and a social worker are present at the main reception centres in the hotels or city reception hubs, where interviews are conducted to meet the needs of the minors and the families and legal and health guidance is provided. We carry out distribution of Non-Food Items and Cash Transfer through vouchers with the aim to alleviate basic needs of the displaced population. We aim to facilitate access to essential goods such as nappies, wipes, hygienic gels, baby food, clothes, games, and stationery for children. We offer individual psychosocial support sessions for parents and children, led by psychologist specialized in emergency management. • Helpline: Save the Children has made available its telephone helpline to respond to requests for immediate support for Ukrainian families and minors who have arrived in Italy. The Helpline can be activated directly by minors and families who have arrived in Italy and by local authorities, social and health services, reception facilities that need support in relation to the reception of minors and Ukrainian families. • Child friendly spaces (CFS): Save the Children has set up Child- Friendly Spaces in 6 reception centres for educational and psycho- social activities with educators trained to intervene in emergencies. The Child-Friendly Spaces are protected areas where children can experiment with cooperative forms of socialisation, rebuild emotional relationships with each other and with adults, tell and rework their experiences in a safe place, at a time when many certainties seem to have crumbled. • Druzi Project: The project intends to provide children and adolescents fleeing from Ukraine (in the age group from 9 to 18 years old) with personalised and continuous support during their stay in Italy through periodical online meetings. The online support will be provided by volunteers of Ukrainian origin living in Italy, therefore able to share not only language skills but also their knowledge of the cultural contexts of origin and arrival. EMERGENCY RESPONSE: A CHILD RIGHTS PERSPECTIVE. Save the Children uses the CRC (the UN Convention on the Rights of the Child adopted by the UN General Assembly on November 20, 1989) as a working tool. The activities planning is based on children's rights, it is considered essential in order to reduce their vulnerability and strengthen their resilience The CRC establish the passage from the concept of needs to the concept of RIGHT: the child becomes a rights holder, and the adult becomes duty bearer in the exercise of these rights. The participatory and non-assistance approach based on children's rights 77 Common Trends: Global • Increase in Natural and Man-made Disasters • Increase in Urbanization • Largest number of people “on the move” in history • Increased numbers of children at risk in all contexts Common Trends: High and Middle Income. • Children Are Invisible: Lack in inclusion of children’s needs in civil protection planning • Don’t count children in evacuation sites • Protection issues in evacuation centres and camps • Mental Health & psychosocial supports are lacking Save the children Italy emergency response. Objectives: ✓ Develop a culture of prevention and response to emergencies that promotes an active role for children and adolescents ✓ Promote practices and procedures to effectively protect children in emergencies ✓ Respond directly on the field to protect children affected by an emergency Partners and Institutions: • Agreement with National Civil Protection Department since 2012 • Agreement with Regional Civil Protection • Agreement with relevant National Associations : Cittadinanzattiva, CISMAI, Pediatria per l’Emergenza, Società Italiana per lo Studio dello Stress Traumatico (SISST), Società Italiana Pediatria, Centro Alfredo Rampi Onlus. 80 Guidelines for the protection of children in emergency: • 10 main actions to be integrated into Municipality Emergency Plan or within regional guidelines for the implementation or updating of Civil Protection Plans • Based on national legislation in the field of Civil Protection (L.100 / 2012) and on the UN Convention on the Rights of the Child and Adolescence (UN CRC). Children and adolescents are an integral part of the community and Emergency Plans must consider their presence and be adjusted to their needs. • Guidelines related to the different emergency phases • Developed in collaboration with the National Civil Protection Department and the SC Scientific Committee on Emergencies 81 ACTION 2: Ensure Education in Emergency • Obtaining a quality education is a fundamental human right regardless of who you are and where you live. - Art. 26 Universal Declaration of Human Rights – free and compulsory elementary education aimed to strength respect for human rights and promote peace - Art. 28 CRC – calls for states to make primary education compulsory and free to all and to encourage accessible secondary education • At international level, during conflict or disaster education can: - Help protect children from death or bodily harm - Give critical lifesaving information on hygiene or health issues - Reduce the effects of trauma and offer children a sense of normality, structure and hope for the future. • Education is still viewed as secondary compered to food, water and shelter. • Interagency Network for Education in Emergencies (INEE) developed minimum standards for education in emergencies • Education is included in the international humanitarian response system through the Global Education Cluster lead by UNICEF and Save the Children What we asked to the institutions is • Census of school buildings: identification of other buildings on territory that can be used as school or preparation of areas where to set up provisory buildings • Avoid using schools as centers for rescue coordination or shelter for the population. • The same applies to the sports centers and aggregation activities • Foreseen alternative solutions to reduce interruption of school activities ACTION 5: Protection of children during the emergency: code of conduct and institutional controls • Child Protection in disasters and emergencies refers to the prevention and response to abuse, neglect, exploitation, and violence against children in times of emergency. This includes all forms of physical and psychological abuse , sexual, and gender-based violence and deprivation of basic needs. • Art. 4 CRC – the governments have to guarantee that children rights are protected • Art. 19 CRC – right to be protected from harm and mistreatment • Physical – actual or potential physical harm • Sexual – involvement of child in sexual activity • Emotional/ psychological – failure to provide supportive environment and/or actions that harm development. It may include: humiliating and degrading treatment (e.g. name- 82 calling, constant criticism, belittling, confinement and limiting social interaction), witnessed violence, discrimination • Neglect - chronic inattention to needs • Exploitation - trafficking, sex trade, child labour, drugs smuggling, child soldiers, exchanging aid for food (“sex for food” scandal) • The context: In emergency, there are numerous risk factors to which children can be exposed. In the case of the setting up of reception camps: Children and adolescents can come into contact with new people external to their family and reference context and consequently are more vulnerable and exposed to risks for examples: • violations of their privacy • lack of assistance and protection to more serious dangers such as abuse and mistreatment • expose to danger such as vehicles of the operators in the setting up of the tent camp or dangerous materials CODE OF CONDUCT. WHAT Rules to define staff behavior toward children WHO Staff of Save the Children and partner organizations and their volunteers read and sign up a contract WHEN Both Professional and Private Life WHY To ensure safe and respectful environment To reduce opportunities of harm To protect staff and volunteers from misunderstandings/false allegations Reporting mechanism: Suspected perpetrator: member of staff or representative of Save the Children, or visitor or Whistle-blower: member of staff or representative of Save the Children, or visitor, crew 85 Comprehensive Schools Safety Framework. Global Alliance for Disaster Risk Reduction and Resilience in the Education Sector. The goal of comprehensive school safety is to support children’s rights to survival, protection, development and participation by promoting the physical protection of children in schools and planning for educational continuity and education sector recovery in the face of disasters and emergencies. Disaster risk reduction bridges development (SDG) and humanitarian assistance work. It is an attitude and commitment. Rather than being a separate domain of action, it is about how to do the same job better and more sustainable. Goals of Comprehensive School Safety • Protect students and educators from death, injury, and harm in schools • Plan for continuity of education through all expected hazards and threats • Safeguard education sector investments • Strengthen risk reduction and resilience through education 86 Safe learning facilities: Key actors: Education and planning authorities, regional and local authorities, architects, engineers, builders, and school community members who make decisions about safe site selection, design, construction and maintenance (including safe and continuous access to the facility). Member of the National Observatory for School Building promoted by the Ministry of Education Objective: strategic planning and policies development for school buildings. PETITION: Anti siesmic schools for all children 1. Anti siesmis schools for all children in the most vulnerable aras first 2. Vulnerability certifications for all schools and multi hazards assessments 3. DRR trainigs for all stdents and school personnel School disaster management: Key actors: Education sector administrators at national and sub-national education authorities, and local school communities who collaborate with their disaster management counterparts in each jurisdiction. At the school level, the staff, students and parents who are all involved in maintaining safe learning environments. They may do this by assessing and reducing structural, non-structural, infrastructural, environmental and social risks, and by developing response capacity and planning for educational continuity. Report Card «Ancora a rischio. Proteggere i bambini dalle emergenze» Study based on a questionnaire sent to all the Italian provincial capitals to assess the presence of specific measures to protect children within the Municipal/local Emergency Plans and the interaction with the School Emergency Plans. «Dalla parte dei bambini: guidelines for emergency planning» Risk reduction and resilience education: Key actors: Curriculum and educational materials developers, faculty, teacher trainers, teachers, youth movements, activity leaders, and students, working to develop and strengthen a culture of safety, resilience, and social cohesion. Advocacy with the Ministry of Education to include DRR into the school curricula CUIDAR – Culture of disaster resilience among children and young people. Member of the MoE commetee for the organization of the National Day for School Safety COVID RESPONSE. In Italy the Covid-19 crisis is likely to have a major impact in the growth of educational inequalities, but also determine a dramatic increase in the number of minors in absolute poverty. At the beginning of the crisis, Save the Children Italy activated the ‘Not Alone’ response program 87 with the aim to support the most vulnerable children, adolescents and families. The "Not alone" program was developed with the participation of children and has 4 macro objectives: Education: to guarantee the right to education of the most disadvantaged children and adolescents; Fight against poverty, support for minors and the most vulnerable families: to guarantee material help to families and minors most at risk in facing the effects of the crisis, with immediate assistance and medium-term support; Psychosocial support: to ensure specialist support for children, families and schools, starting from the most affected areas; promoting children's psycho-emotional balance through expert advice to parents and teachers; Empowerment of the communities: to strengthen the resilience of children, adolescents, families, schools and local communities to respond to the crisis. Save the Children Italy has also set up a model of ‘remote’ activities to ensure the continuation of existing programs across various locations in the country, in collaboration with 41 organisations. These activities include socio-educational support to children and adolescents, fight against early school leaving, fight against child poverty in disadvantaged contexts, support for new parents and children in the first 1000 days of life, protection and inclusion of unaccompanied foreign minors, reception of mothers and children victims of domestic violence, legal assistance and orientation, a youth movement of boys and girls aged 14-22. From June 2020 to present, the domestic Programmes lounched “Revrite the Future” to address the “Not alone” objectives on a long term strategy following the evolution of the pandemic crisis in our country and the specific needs identified. 5. CHILD POVERTY: a matter of children rights. Educational poverty. Educational poverty is the deprivation of children and adolescents of the possibility to freely learn, experience, develop, and increase skills, talents and dreams. Poverty deprives children of educational opportunities, access to healthcare, healthy diets, adequate housing and living environments, family support, and protection, along with access to leisure, culture and sports activities. In Italy, according to ISTAT data of 2021, the number of minors living in poverty reaches 1.336.000. These children still do not have access to a range of recreational, cultural, sporting and educational activities fundamental to their growth, such as reading a book that is not scholastic, visiting a museum, playing a sport, surfing the internet. The highest risk of educational poverty emerges for children that are between 6 and 16 years old. For children, living in a family with strong economic problems and in contexts deprived of opportunities and services, means to be strongly discriminated compared to their peers since the first years of life. ➢ Educational poverty in Italy: 13,5%. 1 million 336 thousand of children and adolescents. ➢ 767.000 families with children. 90 More than 11.000 Direct beneficiaries every year. Thanks to our commitment, the concept of educational poverty has been recognized as a priority in the law of Stability 2015, with the launch of a dedicated experimental fund. The spotlights: activities. - School support and reading. - Workshops (music, performing arts, videos, etc) and trips. - Safer internet and new media. - Sport and physical activities. - Promotion of educational to healthy lifestyles and citizenship. - Parenthood empowerment and counselling and legal advice. “The Spotlight is a space able to freedom the silent dreams of children. Dreams that can be enlighten with workshops and activities adapted to their desires”. Simona, educator of one of our Spotlights. The education endowment. The “Educational endowment” has been conceived and developed within the “Enlighten the Future” programme and represents, together with Spotlights, one of the axes of intervention to combat educational poverty. It constitutes an individual educational plan that provides goods and/or services for children and young people in conditions of deprivation. Aims: - Filling in the starting gaps. - Discovering children’s talents. - Opening children’s horizons. Educational poverty and resilience. Resilience is defined as the ability of minors to overcome the economic, social and cultural difficulties in which they are born and grown, so to acquire the skills necessary to live an independent life. Some children, although living in contexts of serious discomfort, escape all these predictions and – swimming upstream – achieve successes in terms of learning, comparable to those of their peers living in wealthier conditions. “Resilience is not a free virtue”. Protective factors of educational resilience. From the analysis made by Save the Children, it emerges a number of protective factors of educational resilience: 1. The school is the place where children learn to understand, to live with others, to build the wealth of knowledges and experiences that will lead them throughout their lives. The educational offer provided by the school is therefore a primary protective factor of resilience. 2. Non-cognitive skills: motivation, aspiration, perseverance, self-confidence and problem- solving are crucial elements in the educational growth of a child. The school, as, well as 91 the environment that surrounds the child, starting from the family, is essential for the acquisition of those skills defined as "non-cognitive“. 3. Extracurricular activities, like sports, recreational and cultural activities help children learning, socializing and becoming emotionally strengthened. On the contrary, the socio-economic degradation of communities is an obstacle to the resilience of the most disadvantaged children. COMMON APROACHES Our experience has made possible to identify and develop solutions to some of the biggest and most common problems children face today. These solutions are our Common Approaches and they represent our best understanding of what works to address these problems. ❑ Every Common Approach is the identification of a common knowledge on how to intervene on a specific problem which is affecting children’s lives. ❑ Common Approaches are 14 international models that can adapt to specific national context. ❑ Flexibility should be kept in the programming, planning and implementation to adapt Common Approaches to each context. Some examples: ➢ Child Rights Reporting ➢ Life Skills for Success An enabling environment for supporting youth. How do we develop the transferable life skills of youth? BEST METHODOLOGIES TO INTERVENE IN CHILD POVERTY. 1- Human skills and creativity. 92 Educational poverty prevents children to develop Non-Cognitive Skills: social and communication skills, critical thinking and all the dimensions of the emotional self- awareness. Save the Children interventions develop Human Skills and Creativity in children and adolescents ➢ ET3 PROJECT (Equip Today to Thrive Tomorrow): trained educators are delivering a Curriculum in schools and Spotlights (experiential learning approach) ➢ SPOTLIGHTS: reading, creative writing and artistic laboratories Socio-emotional learning (SEL) 2- Growth mindset. A Growth Mindset is a dynamic mindset oriented to enhancement, to growth and to personal development. Teachers are often not trained in the pedagogies that inspire the interest and development of a growth mindset. According to the PISA survey 2018, only 59% of Italian students have a growth mindset. Use of innovative learning methodologies, based on real-world problems: ➢ problem-based learning ➢ learning by doing 3- Digital and Technological Skills. Preparing youth to make future education, training and career choices through the combination of human and digital skills providing children with the possibility to increase their knowledge, skills and growth mindset with an experimental based learning method. “I participated to the digital skills workshop and I used the light bulb, the paper clips and the clay. In this activity we also talked about the male jobs that females do. When I grow up I want to do math!“ (Girl, 10 years old, Spotlight of Udine) 4- Gender inclusion. Identifies the unique needs and experiences of people based on context-relevant power differentials/power dynamics (gender, age, disability, etc.) Ensures both girls and boys are able to equitably participate in and benefit from the activities. Identifies, addresses, and positively transforms the root causes of gender and power inequalities. 95 The SDG commitment to ending poverty will only be achieved if we explicitly address child poverty Child Poverty: What drives it and what it means to children across the world How children experience poverty Discrimination and exclusion in public institutions. Forced into adult roles. Stigma and discrimination. Less voice. Exposed to violence. Hopelessness. Anxiety, frustration, anger. Diminished sense of confidence and self-worth. Cycles of child poverty. What drives it and what it means to children across the world. If you’re poor you're bullied, which means you won't try your best in school. You give up... If you don't do well in school, you'll end up with a crap job and no money. UK Rights failure, development failure. It does label you, there’s no question about it... you are considered to be worse in some ways, socially worse – you are literally socially worse, but even as a person, quality of character, it’s automatically ‘you’re poor’ therefore you steal or may steal. You’re not worthy, you’re untrustworthy. UK Child poverty is a failure of human rights, especially children’s rights. Child poverty has life-long and intergenerational effects. We are all damaged by child poverty. 96 ERRADICATING EXTREME POVERTY STARTS WITH ADDRESSING CHILD POVERTY. Child poverty is now explicitly included in the Sustainable Development Goals. Goal 1, “End poverty in all its forms”, sets a target to “eradicate extreme poverty” and to “reduce at least by half the proportion of men, women and children of all ages living in poverty in all its dimensions according to national definitions”. Goal 1 therefore requires a child poverty focus. This requires routine monitoring and action by every country in the world, richer and poorer. GLOBAL COALITION TO END CHILD POVERTY is calling on all governments to include child poverty reduction measures as part of their national poverty reduction strategies. Putting Children First: A Policy Agenda to End Child Poverty 1. National support, including routine measurement and including child poverty as appropriate in national budgets, policies and laws. 2. Improving access to quality public services, particularly for children living in poverty. 3. Expanding child-sensitive social protection systems. 4. Promoting a decent work and inclusive growth agenda. A typology of social protection interventions. Three commonly defined categories of Social Protection Social assistance: regular and predictable transfers in the form of cash, vouchers or in-kind (e.g. school meals) that do not require a contribution from the beneficiary. Social insurance: beneficiaries typically contribute to this through insurance contributions, though it may be subsidised by government, especially for the poorest. Labour market policies and interventions: e.g. livelihood programmes, skills training, minimum wage policy, wage subsidies, maternity policy, protection in the workplace. What is child sensitive social protection? Save the Children defines Child Sensitive Social Protection as: 97 Public policies, programmes and systems that address the specific patterns of children’s poverty and vulnerability, are rights-based in approach, and recognise the long-term developmental benefits of investing in children. KEY FACTORS THAT DETERMINE HOW CHILD-SENSITIVE A SOCIAL PROTECTION PROGRAMME OR SYSTEM IS, ARE: 1. Children’s and their caregivers’ access and benefit from social protection 2. The degree of positive impact on children 3. Reduced negative or adverse consequences for children 4. Extent to listen to, and act on, the voices and views of children and their caregivers Children have a right to social protection. UNCRC Articles 26 and 27. Article 26 1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. ‘My family should get the money they need to help bring me up’ Article 27 1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Why prioritize investments in social protection for children? Childhood is the period in life where we see biggest returns in investment. Poverty inflicts irreversible damage to children and costs economy and society later on. We know regular cash transfers can produce positive child outcomes. A skilled workforce is the result of countries investing in their children. Investing in nations’ human capital: “Achieving better health and education outcomes requires more than just investing in health and education services: it requires a concerted effort to tackle the scourge of low incomes.”