Rhona Smith

The Third Optional Protocol to the UN Convention on the Rights of the Child? – Challenges Arising Transforming the Rhetoric into Reality

A third Optional Protocol to the Convention on the Rights of the Child completes the raft of international mechanisms for ensuring children’s rights. However, it also raises unique problems particular to children as rights’ holders and putative rights’ enforcers. For example, children may not know of their rights, they may lack the necessary capacity to initiate enforcement actions and they may encounter problems should they perceive their rights as being contrary to parental wishes. Overcoming such problems is fraught with challenges but not impossible. Strong national mechanisms present a partial solution. Long advocated, they offer possibilities for awareness-raising, neutral representation of the child’s interest before courts, committees and tribunals and ensuring a balance is sought, even achieved, between the rights of the child and those of the parents and State.

Religion and education: a human rights dilemma illustrated by the recent ‘headscarf cases’

Education and religion are indelibly linked: cultural precepts underpin education policies within the formal State education system, while education has a clear role to play in promoting tolerance. Clashes between religious beliefs and secular education pose problems for states as the current array of jurisprudence, particularly on Islamic dress in educational institutes, corroborates. This article will discuss the ‘headscarf cases’ in an international context, seeking guidance on reconciling human rights and cultural diversity. In traditional legal style, resolution is often on a case‐by‐case basis in light of all the circumstances of each case. A stronger human rights approach by international and regional bodies would guide states as to the balance between religion and education, but it appears that political considerations will continue to characterise this debate.

The possibilities of an independent special rapporteur scheme

The independence and impartiality of the special rapporteurs1 is undoubtedly one of considerable importance to their work. In the context of the special procedures operating under the auspices of the Human Rights Council, a number of questions arise: what is meant by independent; independent of what; why is independence deemed so important; and what are the major barriers to independence? This article focuses on those questions, with particular regard to the role of the Human Rights Council (whose operation is scheduled for review in 2011) then draws together the threads of argument to ponder the implications, particularly for the Human Rights Council, of removing rapporteurs from its jurisdiction.

Making the grade: the UK, citizenship and human rights education

This article focuses on the new ‘Citizenship’ component of the National Curriculum in England and the National Priorities for Education in Scotland. It argues that the principal elements in these initiatives should have been incorporated into the education system some time ago in order to conform to the UKs international obligations. The international requirements will be examined with the citizenship elements being measured against these requirements. It will be concluded that even should the UK succeed in implementing the full citizenship agenda, compliance with the full range of international requirements is not guaranteed.

Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010

(1) Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood ( 3 ) ensures application in Member States of the principle of equal treatment as between men and women engaged in an activity in a self-employed capacity, or contributing to the pursuit of such activity. As far as self-employed workers and spouses of self-employed workers are concerned, Directive 86/613/EEC has not been very effective and its scope should be reconsidered, as discrimination based on sex and harassment also occur in areas outside salaried work. In the interest of clarity, Directive 86/613/EEC should be replaced by this Directive.

The United Nations

The paper introduces the experience of Statistics Portugal in integrated respondent communication. The office started ten years ago a process of modernization of its production system. The paper highlights three key elements of this process: implementation of the simplified business information model; the full implementation of an integrated survey management system, and the promotion of a better relationship with data providers by designing a service of customised feedback information to the companies.

Equality of 'Nations Large and Small': Testing the Theory of the Universal Periodic Review in the Asia-Pacific

‘We the peoples of the United Nations determine... to reaffirm faith... in the equal rights of... nations large and small’. The United Nations organisation has, since inception, been predicated on equal respect for nations large and small. This equality is evident with, for example, the General Assembly of the United Nations according each state equal voting power, although the Security Council and its permanent membership is an issue. Axiomatically states around the world are at different stages of development and engage with the United Nations in different ways. This is, perhaps, especially evident when considering international human rights. Some states have accepted all the core human rights treaties adopted under the auspices of the United Nations, other have only accepted one or two. However, following the establishment of the United Nations Human Rights Council in 2006, a radical strategy of reviewing the compliance of every UN member state with general international human rights and international humanitarian laws commenced. Through a

Realising the Right to Health for Young People in South Africa—Some Reflections

Abstract The right to health is enshrined in the South African Constitution as well as a range of international and regional human rights treaties which South Africa accepts. Yet empirical data reveals some of the challenges faced by South African youth—childhood diseases, HIV/AIDS and such like. There are evidently challenges realising the right to health in practice. Nevertheless, South African courts have led the international field in recognising the justiciability of economic and social rights such as the right to health. Having reviewed the applicable laws and jurisprudence, the paper will conclude that a more holistic human rights-based approach offers perhaps the best way forward.

When is a Child not a Child and Other Questions—A Commonwealth-wide Overview

Abstract Although international human rights instruments assume a universalism of application and the United Nations Convention on the Rights of the Child is one of the most ratified instruments in the world and therefore most likely to have global if not universal application, in fact understandings of childhood and definitions of ‘child’ or ‘children’ are very variable not just in different social and cultural contexts but in laws as well. This creates a number of challenges for formulating cross-boundary policies and programmes, because on the one hand these differences cannot be ignored, but on the other hand they should not be seen as insurmountable barriers to the advocacy and promotion of children’s rights. This paper presents an overview of difference and similarity in the Commonwealth and considers some of the challenges that these may present in formulating strategies for international organisations such as the Commonwealth.

Police and Criminal Evidence Act 1984 Code G

Code of Practice for the exercise by police officers of statutory powers of stop and search and recording of police/public encounters 1 This draft Code of Practice, under Section 66 of the Police and Criminal Evidence Act 1984, is being published in accordance with the provisions outlined in Section 67 of that Act. The last PACE Code of Practice (A) for the exercise by police officers of statutory powers of stop and search came into force on 1 March 1999. Since then there have been a variety of legislative changes which have amended the powers of stop and search available to police officers. There has also been a very wide-ranging public debate around the use of the powers, and in particular the question of whether the powers have been exercised by officers in a way which discriminates against members of minority ethnic communities. This debate was brought into focus by the report of the Stephen Lawrence Inquiry, published in 1999, which highlighted the importance of the use of stop and search powers in the context of police/community relations, and which made a number of recommendations in this area designed to ensure they were exercised in a way which would be as effective as possible in reducing crime, but would also promote trust and confidence in policing amongst minority ethnic communities. It is clear that in order to achieve these objectives, stop and search powers must be used in a way that is fair, reasonable, and non-discriminatory. Furthermore research evidence shows that there is a clear link between fairness and effectiveness. In other words, when the powers are used in a way which is likely to increase trust and confidence, then their use is more likely to reduce crime. This draft Code reflects the work which has been done in response to the Lawrence Inquiry Report, and a range of other issues and concerns which have been expressed regarding stop and search powers. It has been prepared in collaboration with senior police officers, staff associations, police authorities, and a number of independent advisers drawn from a range of diverse organisations and communities. Many of these were drawn from the Lawrence Steering Group, which oversees the implementation of the Home Secretarys Action Plan in response to the Lawrence Inquiry Report, and which has agreed this draft for consultation. The work has included a series of pilots of the relevant Lawrence Inquiry Report …