Archive for Convention on the Rights of the Child

Roma Communities in the EU Continue to Lack Access to Equal Education Opportunities

By Claudia Kania, guest blogger from Reavis high school

The United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD) released a statement in 2000 that acknowledged “the place of the Roma communities among those most disadvantaged and most subject to discrimination in the contemporary world.” Such socially and institutionally-accepted xenophobia is perhaps most clearly epitomized by the European school system. Although academic institutions are often portrayed as “the great equalizers,” a system founded on the principles of ignorance and prejudice frequently separates Roma, one of the largest minority groups in Europe, from reaping the benefits of education.

The right to education is universally established as a fundamental guiding principle within international human rights discourse. It is recognized as a human right by Article 26 of the Universal Declaration of Human Rights, as well as Articles 28, 29, and 40 of the Convention on the Rights of the Child. To further contextualize the premise of academic equity, UNESCO put forth the 1960 Convention against Discrimination in Education, an international legislative framework adopted to promote “the ideal of equality of educational opportunity without regard to race, sex or any distinctions, economic or social.” This convention recognizes education as not only a right in and of itself, but also as an intrinsic vehicle in realizing other rights. It is an instrument vital in securing a life free of financial hardship, disenfranchisement and social exclusion.

A report released in 2016 detailed the true scope of the expulsion of Roma communities to the fringes of European society. For example, while approximately 17 percent of EU citizens are at risk of poverty, that number is more than four times higher for Romani individuals. In the month prior to the study, only about 30 percent of Romani households received paid work. The Office for National Statistics further revealed that out of 60,000 individuals who identified as Roma, 60 percent had no formal schooling. Moreover, Roma individuals are often the victims of hate crimes and police brutality.  

Interior of container school for Roma children in Slovakia // Amnesty International

Segregation remains one of the primary obstacles standing between Roma pupils and equal education opportunities. Although prejudice is sometimes blatantly propagated by biased media and political campaigns, such instances present a gateway to other less conspicuous modes of discrimination. For instance, lower expectations for Roma students subsequently led to higher dropout rates within their communities, which substantially decreases the prospects of secondary and tertiary education for Roma individuals. This, in turn, translates to higher unemployment rates and hinders the participation of Roma in the democratic process. Thus, the cycle continues.

A 2015 report by Amnesty International illustrates discriminatory placement of Romani students in remote classes separating students from their non-Roma peers. A UNICEF report, specifically noting a 2002 case in Hungary, states that, in general, all-Roma classrooms typically lack fundamental resources otherwise available to students not of the Roma ethnicity, including experienced teachers and up-to-date curricula. More recently, the European Commission specifically targeted discrimination within Hungarian schools. Although EU member states are expected to abide by equal education frameworks, legal directives such as the Racial Equality Directive and the EU Charter of Fundamental Rights oftentimes have little impact on institutionalized forms of ethnic discrimination.

In 2012, The Slovakian Regional Court condemned the segregation of Roma in its schools. Although the ruling sent a message to the Slovakian Ministry of Education regarding the country’s international obligations to provide impartial access to education, it did little to prevent ethnic-based segregation. Not only do schools continue to run all-Roma classes, but Slovakian Roma pupils are faced with the prospect of being sent to “container schools,” schools made from material resembling shipping containers, and isolated from the rest of Slovak society. When the guardians of Roma students attempt to enroll their children in non-container schools, their pleas are refused by school board officials who argue that their schools do not have the capacity to accommodate Roma pupils. The “convenient” construction of substandard learning institutions within close geographic proximity to Roma settlements is nothing other than an arm of ethnic discrimination and social exclusion, as noted by Amnesty International.

The European Roma community also faces another kind of widespread segregation: Roma pupils are frequently placed in learning disability schools, regardless of scholastic comprehension. A 2013 ruling by the European Court of Human Rights remarked that Hungary’s systematic misdiagnosis of learning disabilities violated the European Convention on Human Rights. In addition, a 2012 report by the Roma Education Fund highlights the prejudicial nature of such entrance level examinations, which focus specifically on cultural and linguistic biases.

A young student // Daniel Mihailescu/Getty

Cases of outright denial to enroll Romani children to academic institutions continue to remain prominent. The mayors of several French municipalities, for example, refused to enroll Roma children in public schools on the basis of their lack of certification. Certification, however, is not easily achieved by Roma parents, as informal settlements are almost never recognized by government officials. As identity documents remain largely inaccessible to Roma individuals, most families remain stateless. Thus, admission, in most cases, is granted only after the intervention of the French Ombudsmen. A recent article by the New York Times highlights the bureaucratic obstacles Roma students face when attempting to gain access to French schools. The country has made headlines due to the forced evacuation of hundreds of Roma families.

Former Columbia Law professor Jack Greenberg linked the Roma battle for equal education to the American Civil Rights Movement. Both groups have experienced the harrowing realities of slavery, societal disenfranchisement, and discrimination, propagated in part by stereotyping in a biased media. Schools today segregate non-Roma students from their Roma peers, providing the latter with substandard educational resources. The case of Horváth and Kiss v. Hungary bears a striking resemblance to Brown v. Board of Education of Topeka. Although both rely on the concept of strategic litigation, the successful implementation of anti-discriminatory education policy is currently a far reach for contemporary Europe. It will require not only the willingness of policymakers, but also the active mobilization of Roma civil society.

Locally, individual schools should engage in active redistricting in order to achieve ethnic diversity within academic institutions, as well as incorporate Romani culture into standing curricula to promote diversity and ethnic tolerance. It is well within the means of any school within the EU to guarantee an environment based on social inclusion and academic equity. Likewise, it is crucial that international bodies, such as the European Commission and European Union,  apply political pressure on national governments to uphold international and national legislative standards of equality. The implementation of such standards and their effects on academic institutions should be monitored by national bodies, benefiting from the interests of both grassroot NGOs and international donors.

Claudia Kania is a contributing researcher for the University of Cambridge Centre for Governance and Human Rights research project, “ICTs and Human Rights,” as well as featured writer for the Oxford Human Rights Hub. Her research interests include minority rights, women’s rights, and education policy. 

That TIME story that South Africa may outlaw spanking at home

By Maria Hengeveld, graduate student of human rights at Columbia University

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On 30 July freelance reporter Melissa Locker reported for TIME Magazine that South Africa’s government, in cooperation with some notable children’s rights NGOs, is drafting a bill that would outlaw spanking at home. If the bill passes, South African parents lose their freedom to corporally punish their children, just like teachers did seven years ago. The article quotes Social Development Minister Bathabile Dlamini, from the pro-ban camp, who argues for child protection, and an anti-ban spokesperson from the Christian organization Focus On The Family, whose weird notion that for most children “the removal of pleasures or privileges is actually more painful than a spanking” is supposed to represent the anti-ban camp.

Right.

That’s about all the author chose to cover in the 200-odd word article. But there is a whole lot more to say about ‘spanking’ in South African homes, though.

To get an idea of what TIME is talking about, a bit of background and context does wonders. According to a study by RAPCAN, a Cape Town-based children’s rights NGO, 57% of interviewed South African parents (from all backgrounds, ages and income brackets) smacks or spanks their children with their hands. Thirty- three percent use a belt or other object. Corporal punishment, as presently condoned by South African law, means inflicting “moderate and reasonable chastisement on a child for misconduct provided that this was not done in a manner offensive to good morals or for objects other than correction and admonition”. In other words, the parent or care taker gets to decide whether his physical violence is in accordance with acceptable corrective intentions and with the morals he himself deems ‘good’ to positively shape the child’s behavior. But ‘spanking’, the seemingly innocent term TIME chose for title, is only one part of the story. A story that also includes (and is certainly not limited to) “hitting children with a hand or object, kicking, shaking or throwing children, scratching, pinching, biting or pulling their hair, forcing them to stay in uncomfortable positions, locking or tying them up, burning and scalding” (some acts that the UN CRC include in their definition of corporal punishment).

TIME also forgets to mention that, because of its unique history of institutionalized colonial and apartheid violence, South Africa happens to be one of the most violent countries in the world, its injury death rate being twice the global average. Women and children are the most vulnerable to this violence. Current and accurate statistics on violence are difficult to obtain, partly because much of the violence happens within the homes and goes unreported. But research and reports by several NGOs and service providers give us a solid clue about the extent of the violence that children face. In 2012, for example, the mental health and trauma centre Ekupholeni, which is based just outisde Johannesburg, helped 501 sexually abused children, of whom 148 were between two and seven years old. And in 2011, the South African Medical Research Council organized a meeting on youth violence, which revealed that “for children of all ages, the apparent manner of death was primarily the scourges of violence and traffic – 35% and 20% respectively”. The data also showed that violence was responsible for 10% of children’s deaths. Over 30% of violent deaths of 5 to 9 year olds were caused by firearms. Of overall youth violence, around 40% of deaths are said to be caused by sharp objects, blunt force objects and firearms.

And according to UNICEF, between 2010 and 2011, no less than 54.225 crimes against children (younger than 18 years old) were reported. 84% of these cases involved violent acts against children by someone known or trusted by the child.

While it might be tempting for many to drop these numbers in a separate violence file, and treat the well-intended spank on the bottom by a parent or caretaker as a separate issue, the simple fact that both categories involve intentionally inflicting physical pain on children demands for the relationship to be taken seriously. Violence against children doesn’t take place in a vacuum.

Unlike what TIME’s choice of wording implies, these realities go way beyond the use of “a flat hand on a child’s bottom”. What this tells us is that a ban on corporal punishment is not about some nanny state being unhappy about the occasional ‘slap on the bottom’, but that a highly vulnerable group of citizens might finally get the legal protection against types of violence that is not allowed against adults.

Some have expressed their annoyance with this, in their eyes, inappropriate conflation of corporal punishment with violence. Others call the debate on corporal punishment needlessly polarized and propose that, rather than being ‘pro’ or anti, we might want to think about allowing limited forms of corporal punishment. With the harmful ‘flat hand on the bottom’ type of spank in mind, this seems a sensible statement to make. Until the boundaries between violence and acceptable corrective pain need to be set. (When does a constructive spanking turn into abuse? What does a responsible bruise look like?) To separate corporal punishment from ‘actual violence’ in a country where fatal violence is a reality in all too many households, and try to define what ‘acceptable’ physical harm actually means is not only an unachievable and undesirable undertaking, it also ignores the roots of corporal punishment and how it has historically intertwined with often lethal state violence.

Corporal punishment was one of the many violent tools for the colonial and apartheid ruling class to instill discipline and maintain control. At white settler schools , for example, boys were (for a long time) disciplined physically to harden them and maintain white supremacy. Corporal punishment, then, can at least partly be seen as one of the left-overs of nearly 350 years of white minority rule, which shaped much of today’s normalized violence. And there are many more reasons, not just historical ones, to reject the idea that corporal punishment and violence against children can be treated in isolation. If you grow up in a world where pain is intentionally inflicted on others in order to correct them or to resolve some sort of conflict, chances are you grow up thinking you can treat others, such as your girlfriend, that way too. If the aim of spanking a child is to instill good morals in them, (and we understand good morals as non-violent ones), corporal punishment is likely to have the exact opposite effect. As Lorenzo Wakefield, a researcher and expert on children’s rights, wrote in reference to a recent study of the University of Witwatersrand “there is a strong link of convicted perpetrators of rape — especially those who raped young children under the age of three — who were all corporally punished when they were younger. Research has shown that children who are physically punished or humiliated are more susceptible to carrying out acts of violence in their adult years”.

And there are more studies that confirm this correlation. But this hasn’t convinced everyone that children need this kind of protection. Some have played the Christian card to contest the proposed ban, when others view corporal punishment as a cultural right. But since both culture as well as religion are a matter of interpretation (and culture is never static anyway), they can and have been used to defend the ban as well.

Khaye Nkwanyana worries that “if this law is passed it will represent the power of the resourceful lobbyist NGO that stands in range against the entire society. It will represent the will of the University of Western Cape against the entire South African society. And as active South Africans we cannot countenance such a tendency where those with money can impose their will and cultural choices to all of us”.

Which begs the question: who is part of this ‘entire’ South African society? Do children count too? Because, as we look at some recent numbers, about a third of South Africans is under 18 years of age. (Some say 0-14 year olds alone account for 28,4% of South Africans). So if we talk about the ‘entire society’, what is their place? Are they citizens or simply possessions of the entire adult society? And since the entire discussion is about their fate, who has asked them how they feel about it? Next to a few outdated studies that present some accounts by children who describe the degrading and abusive treatment they had suffered, the actual opinions of children are nowhere to be found in mainstream media.

Some teachers, on the other hand, put forward more instructive concerns by complaining that the ban on corporal punishment in schools has led to a decline in discipline. Which can either mean that corporal punishment is the only way of maintaining order and disciplining children, or that it is the only method they know.

Corporal punishment perpetuates South Africa’s crisis of violence. The proposed ban sends out a strong message that children are more than the possessions of their parents and that they have a right to the same legal protection from violence that is granted to adults. They also deserve the chance to voice their opinions, get represented in the media and participate in the debates that affect them.

Is a ban the answer to the violence that children face? Will it reduce the levels of violent young deaths? Or stop the well-intended smacks on the butt? Probably not. After all, despite the ban at schools, it appears to still be widespread there too. Which is why South Africa needs a serious campaign that educates entire society on alternative disciplining methods. Methods that, unlike corporal punishment, will teach children about desirable behavior in a constructive and effective way.

If the South African government takes its responsibility to protect its children seriously, it should intensively work with children, NGOs, caretakers and teachers to develop, support and sustain campaigns that offer alternative, child-friendly alternatives to corporal punishment. One NGO who works on positive parenting programs and develops parental guides is Childline South Africa. Their resources for parents can be downloaded here.

This post appeared previously on Africa is a Country on August 23, 2013.

Maria Hengeveld is a Human Rights graduate student at Columbia University in New York. She is interested in women’s rights, youth and gender in Southern Africa.

Realizing Shannen’s Dream: the fight for quality education for First Nations in Canada

By Jillian Carson, Student at Columbia University

Rights violations and struggles in developed countries are regularly overlooked as human rights issues. In Canada, human rights claims are consistently re-framed as purely political or constitutional in nature, denying the violation of rights at home that would be openly criticized abroad. In response to the growing influence of human rights abroad, First Nations youth in Canada are becoming increasingly aware of the language and mechanisms of the human rights system and how this international body of rights affects their lives at home. First Nations youth have been especially active in raising awareness about education rights and the rights of the child.

In June of this year, young First Nations students, and non-Native Canadian youth from Quebec launched a report aimed at bringing attention to the lack of culturally based, equitable education for First Nations students in Canada. The report will be submitted to the Committee on the Rights of the Child along with Canada’s periodic review as a state party to the Convention on the Rights of the Child. This report is indicative of a growing awareness of human rights among youth.

Shannen’s Dream

The initiative began with First Nations education youth activist Shannen Koostachin, a student from the Attawapiskat First Nation in northern Ontario and founder of the Shannen’s Dream campaign.  In 2008, fed up with the deplorable conditions of her school at Attawapiskat, Shannen helped organize the Attawapiskat School Campaign which raised awareness among Native and non-Native youth about the condition of the school on her reserve. She convened a group of students from Attawapiskat First Nation and Kitigan Zibi Anishinabeg First Nation called the ‘Dream Team’, who have helped this campaign grow to include children across Canada forced to learn in uninhabitable, underfunded and unsafe schools.

Chelsea Edwards, spokesperson for Shannen’s Dream commented that, “Shannen’s Dream is now the biggest movement for children by children in Canadian history, to ensure that equitable funding, proper resources and facilities are accessible to children, right where they are.”

Sadly, Shannen was killed in a car accident in May 2010 at age 15, but her message has reached youth across Canada. Students in Quebec, supported by the First Nations Child and Family Caring Society of Canada and the Office of the Provincial Advocate for Children and Youth, have kept Shannen’s dream alive and endeavor to send her message to the United Nations.

View the clip below to learn more about Shannen and the issues she was fighting for:

[youtube]http://www.youtube.com/watch?v=rT0VK0E1Sf0[/youtube]

 

Taking a dream to the United Nations

Released in June, “Our Dreams Matter Too” is an alternate report by to the Committee on the Rights of the Child on the occasion of Canada’s periodic review. Canada ratified the Convention on the Rights of the Child in December of 1991. The Convention recognizes the equality of all human beings and protects against all forms of discrimination. Beyond these human rights principles, Article 3.3 ensures that institutions, services and facilities be responsible for the care and protection of children. It requires competent standards be set for health, safety, building capacity and supervision. Even more specific to the cause of First Nations in Canada, Article 28 and 29 protect the human right to education based on equality, accessibility, safety and respect for languages, cultural identity and human rights.

The Auditor General of Canada has repeatedly called for equity and improvement in education and education policy but the government’s response remains piecemeal and inadequate. In their report, First Nations youth appeal to the United Nations saying, “As children and youth, we continue to write letters to the Government but nothing changes. The discrimination and denial of our rights continues”.

Some of the policy and funding deficiencies highlighted by this report include the fact that First Nations children receive $2000 – $3000 less per child than a student at a provincial school and receive little or no funding for things like books, teachers and other essential equipment and personnel at their schools.

Executive Director of the First Nations Child and Family Caring Society of Canada, Cindy Blackstock explains, “First Nations and non-Aboriginal children are taking action creating the largest child lead reconciliation movement in Canada that puts culturally based equity at the center.” Not only are children understanding the discrimination present in current education funding and policy; with inspiration from Shannen and their peers they are taking real action to bring attention to their rights, the rights of people across Canada and the importance of human rights awareness at home.

Jillian is a Human Rights Masters Student at Columbia University. Her Masters program concentrates on Indigenous Rights, more specifically the right to education for First Nations in Canada and reconciliation processes in settler colonial nations. Jillian is also involved in disability rights in education research and advocacy in New York City.