CHILDREN’S RIGHTS

2019/2020

arianna.saulini@unipd.it

1. INTRODUCTION TO THE CRC 26/03/2020

Arianna Saulini

CONVENTION ON THE RIGHTS OF THE CHILD – MONITORING THE CRC

Arianna Saulini 30/03/2020

SDGS AND THE CRC

Arianna Saulini, Elena Avenati 02/04/2020

2. CHILDREN IN CONFLICT
Raffaele Salinari 09/03/2020

CHILDREN IN CONFLICT
Raffaele Salinari 12/03/2020

3. CHILD PROTECTION – UNACCOMPANIED, MIGRANTS AND REFUGEE CHILDREN

Valentina Polizzi 16/03/2020

CHILD PROTECTION – UNACCOMPANIED, MIGRANTS AND REFUGEE CHILDREN

Giusy D’Alconzo 19/03/2020

CHILD PROTECTION – UNACCOMPANIED, MIGRANTS AND REFUGEE CHILDREN

Giulia di Cristo 23/03/2020

4. A CHILD CENTERED APPROACH TO EMERGENCIES

Federico Cellini 06/04/2020

A CHILD CENTERED APPROACH TO EMERGENCIES

Gianluca Ranzato 09/04/2020

5. CHILD POVERTY: A MATTER OF CHILDREN RIGHTS

Matteo Delmonte 16/04/2020

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 09/03/2020

CHILDREN IN CONFLICT – Raffaele Salinari

“Every war is a war on children”

Eglantyne Jebb1

Save the Children was founded after the WWI, to support European children that were involved in
the war.

“O Nomos, king of all, mortal and immortal,

capable of making righteous even the least right action”
Pindaro, Greek poet

There is a relation between power and rights, in the sense that the power is which make the rights.

The return of the “just” war

On April 2, 1917, President Woodrow Wilson, in the midst of the world conflict, announced that the
United States of America is entering the war against Germany, because it was considered an enemy
of the entire humanity, not only ad enemy for US. This is clearly the full renunciation of the neutralist
policy hitherto practiced2, to commit, as a global power, to “actively guarantee the freedom of
peoples and world peace”.

According to Wilson “the Germany 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 consequences
1. Break with Monroe’s doctrine. United Stated decided to play a global role of power and this
led, consequently, to 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 pf
war;
3. The advent of a “discriminating” war: entering the war against Germany with those reasons,
the US had cancelled 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.

1
Founder of Save the Children.
2
On the basis of Monroe’s doctrine.
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The implications
o The first implication was that the world was facing a new way of entering the war, a new
definition of war in itself. The war wasn’t anymore an interstate enemy question, rather a
war against an enemy of the entire humanity.
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.

o Regression from the jus publicum europaeum based on the relationship between states and
therefore who considered war as a form of this relationship, regulated accordingly.

o Thus, the ethical-theological doctrine of the “just war” returned, with the consequent
abandonment of the juridical regulation of the wars between states which had operated in
Europe for some centuries.
The Ius publicum europeaum of the war
There has been an evolution of the definition of war, from the medieval jus gentium until after the
Westphalia peace process. This evolution comprises the shift from war considered as a secular
instrument of the church to war considered as a secular instrument of the states: passage of power
between the Church and States.
→ 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 therefore was freed from 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 ecclesiastic argument of 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 were evaluated
on their own by the chancelleries of each State. This was inevitable in the absence of a stable
auctoritas spiritualis, endowed with the 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 massacre of religious war.
→ 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 procedures and in particular the procedures
concluding a peace treaty with the attached amnesty clauses.

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The “constituent war” and the ambiguous return of the “just war”
After the entering in war of the US on the motivation that Germany was an enemy of humanity, of
course somehow there was a come back to the idea of justus hostis: no more interstate war, but a
global war against an enemy of humanity. This is the reason why the First World War was a war of
decomposition (i.e. of the Ottoman empire or the Austro-Hungarian empire), while the Second War
War was a CONSTITUENT WAR.
After the establishment of the UN, the war between states was formally abolished but this legal
formalism - devoid of real international support - risks referring to a notion, if not clearly
"theological" of an enemy, certainly to one with decided implications ethical and moral.
The doctrine of the JUSTUS HOSTIS is in fact reworked in legal terms, so that the enemy is no longer
considered "unfair" according to the moral reasons for his entry into the war or because of his being
an infidel or a savage or a pirate, as in the time of the bellum justum as defined by the ecclesial
categories, but rather, in its updated version, a rogue state, a terrorist, or a guerrilla, or an enemy
of humanity, all extremely ambiguous definitions based only on geopolitical power relations.

SOME REFLECTIONS

• First of all, does international law have the task of preventing the war of annihilation or of
limiting the war when it is inevitable or, as we claim, even of abolishing it de facto and not
only as a legal formalism (on paper)?
• But in the latter case, the simple juridical denial of war, without its effective limitation, risks
giving rise to new types of extra-juridical, asymmetric, masked conflicts, at times likely to be
worse.
• There are new kind of wars. If we look, for example, at the dynamics of the war on Iraq, the
"permanent global war against terrorism" and the classifications of the "rogue states", we
can see how all these forms of contemporary asymmetric warfare (including acts of
terrorism for political purposes,) are inevitable, unless an internationally recognized and
binding power is affirmed.

12/03/2020

The humanitarian wars and the UN crisis

The first kind of new generation of war is the humanitarian war.
After the end of the Cold War, the longest maintenance war in known history, the UN is in crisis due
to the advancement of a unilateralist conception of international politics. Our present is made up
of "humanitarian" wars often conducted by coalitions of States without the interval of the Security
Council, of indefinite "military peacekeeping missions", of humanitarian emergencies managed by
partisan armies in open violation of the Geneva Conventions on Humanitarian law: it is the
"constituent wars" of the new millennium that have multilateralism as their enemy.

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If we think about the reasons that were used to justify the bombing of Serbia, the famous
"humanitarian war" that then moved to Afghanistan, or the "preventive" invasion of Iraq with the
motivation for weapons of mass destruction, never found it is clear which "black holes" of global
juridical civilization are to be faced today in terms of the regulation of war.

The current context

Those new, unilateral definitions of humanitarian war have the implication of a crisis in the lack
common shared definition but also the implication of the crisis of the system to prevent and analyze
and manage wars, namely the crisis of the UN-system itself.
Faced with the constant expansion of the war phenomenon, the United Nations is now forced into
pure adaptive functions and supine legitimacy a posteriori of the status quo imposed by the great
powers.
Preventive war is now theorized and practiced by the great powers, in particular by the United
States, Russia, Israel and even Turkey.
The recovery of the ideology of the "just war" by influential neoconservative intellectuals and
politicians (who present the "global war on terrorism" and against the rogue states as a war of good
against the axis of evil) offers the symmetrical opportunity for the Islamic terrorist guerrillas to
justify their actions with the same motivations. The war is justified in fact, on both sides, not on the
basis of particular interests or spatially localized objectives, but by taking a superior and impartial
point of view, in the name of values that are considered shared or dutifully shared by the whole of
humanity, are they Western democracy or the imposition of Islam.
The explicit "humanitarian" motivation for military interventions is implemented in violation of the
United Nations Charter and general international law. Exemplary was the war of aggression waged
in 1999 by NATO against the Yugoslav Federal Republic in the name of a self-styled defense of
human rights of the Kosovar-Albanian minority → Bill Clinton's first "humanitarian war".
The systematic, fierce discrimination practiced now by different States against enemies taken
prisoner in the course of "humanitarian" or preventive wars and not even recognized as irregular
fighters (as evidenced by the horrors of the prisons of Guantánamo, Abu Ghraib, Bagram, that even
the Obama administration has not been able to close) shows how these places represent
emblematic activities of these new theaters of war and that therefore go far beyond simply keeping
dangerous prisoners in safe places.

In summary, Humanitarian Law has been identified as the weakest link in the chain of human rights
and therefore the attack on the Geneva Conventions and, more generally, on all the Conventions
for safeguarding a fundamental right (including those on Minor), have a political value.
Neoconservative forces and liberalism need a world where conflict is high and rights are
compressed.

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What to do

1) There is need of a new, clear definition of war, which means a new definition of the new UN-
system and a UN reform in a multilateral and binding sense, in order to combat nowadays
conflicts that affect civilian and children and that are not manageable at the UN level
because there is no a clear definition and no real power for the UN-system.
If, then, the problem is the abolition of war within a multilateralism in crisis, at least between
individual nations, in the face of new unilateralisms, nationalisms, identity closures, the concept of
Grossraum3 returns as a possible alternative.

If we think about and analyze what is actually going on, especially in the last ten years and after the
full-blown failure of the "global war on terrorism" and the crisis of western hegemony, we see that
it is precisely the formation of new continental polarities that is rewriting global relations, starting
for example with the decline of the G8 and the rise of the G20.
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".

2) As we know, war is a consequence of a model of development that produce inequity. To

really ban the war there is need to try to rethink the development model and the SDGs are
the todays frame through which the model of development can be changed.

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 (which is today
the epicenter of an incandescent asymmetric world conflict and a negator of international
humanitarian law) a crossroads of peace.

3
It was the idea, paradoxically suggested by the original version of the "Monroe doctrine", according to which "a
pluralism of large spaces in themselves ordered and coexisting, spheres of intervention and areas of civilization could
determine the new international law".

6
To demand is 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.

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 16/03/2020

CHILD PROTECTION – UNACCOMPANIED, MIGRANTS AND REFUGEE CHILDREN - Valentina Polizzi4

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 particular, Save the Children's teams provide legal information, cultural mediation and support in
identifying minors and, among these, the most vulnerable, from their first entry into Italy at landing
sites and at the main land border crossings. Moreover, it is engaged in the management of
migratory flows in such areas with activities of information, training and capacity building.
Save the children has drawn up a proposal for the Law no. 47/2017.

The Law establishes measures to improve the protection and reception of unaccompanied foreign
minors, including the creation of a national reception system.
Save the children has an international operational presence (in 122 countries), in the countries of
origin and destination of unaccompanied minors arriving in Italy, as well as at the border areas of
other areas of the world under heavy migratory pressure.
SC’s role in the project

• Identification and referral of vulnerable cases;

• Action at landings;
• Improvement of homogenous standards in the protection system;
• Capacity building for third sector actors;
• Supporting the authorities in taking the right protective measures;
• Child friendly legal information;
The minor is always in the center and all the actions revolve around the minor and his needs.

4
Child protection department - project coordinator and strategy advisor for Save the Children.
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Migrant minors: who they are?
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.

Child rights obligations

The UN CRC is guided by four general principles:

1. Non-discrimination - article 2
2. The best interests of the child - article 3
3. The right to life and survival and development - article 6
4. Child participation - article 12

NON-DISCRIMINATION
It means that all children, regardless of their age, gender, appearance, migration or
residence status, method or motivations for border crossing are entitled to certain rights
and protection on an equal basis.

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 Some children will have additional protection needs that should also be met (difference
between treating children differently and discriminating)

BEST INTERESTS PRINCIPLE

“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.” (Art 3.1)

CHILD PARTICIPATION
Children have the right to freely express their views, be heard and involved in every action
concerning them.

There is an obligation to listen to children’s views and facilitate their participation in decision
making – strongly linked to child-friendly information.

UASC5 in Italy (updated December 2019)

Arrivals over the years

 Only registered %17 years old Total arrivals UASC
2019 → 6.0546 61,5 11.471 1.680 (14%)
2018 → 10.787 60,2 23.370 3.536 (15,1%)
2017 → 18.303 60,3 119.369 15.779 (13,2%)
2016 → 17.373 56,5 181.436 25.846 (14.2%)
2015 → 11.921 54,0 153.842 12.360 (8,0%)
2014 → 10.536 49,5 170.100 13.026 (7,7%)
2013 → 6.319 55,1

 Minors by citizenship (registered)

Albania 1.676 (27,7%)
Egypt 531 (8,8%)
Pakistan 501 (8,3%)
Bangladesh 482 (8,0%)
Kosovo 328 (5,4%)
Ivory Coast 286 (4,7%)
Tunisia 278 (4,6%)
Gambia 260 (4,3%)
Senegal 239 (4,0%)
Guinea 217 (3,6%)

5
Unaccompanied minors.
6
The arrivals of unaccompanied minors during 2019 decreased as a consequence of national and international law
and agreements.

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 Mali 184 (3,0%)
Others 1.072 (17,7%)

 Female migrant minors (only registered)

Nigeria 77 (24,3%)
Eritrea 19 (6,0%)
Albania 51 (16,1%)
Ivory Coast 37 (11.7%)
Somalia 18 (5,7%)
Morocco 17 (5.4%)
Senegal 10 (3,2%)
Others 88 (27,8%)

Total 317

Source: Ministry of Labour and Social Affairs – last update 31.12.2019

Minors asylum seekers

In 2018, a total of 659 applications for international protection related to unaccompanied foreign
minors were submitted. In 2018, a total of 3.676 applications had been submitted and in 2017 they
were 9.782. With reference to the types of decisions adopted by the Territorial Commissions for the
recognition of international protection for minors, 59% of the requests were denied and the
recognition of international protection was 27,4% of the decisions.
In 2018 the recognition of humanitarian protection represents 61.4% of the decisions adopted,
while about one over four requests is denied (26.4%).

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The main migration routes to Europe
It is possible to identify at least 3 major routes.
Each route has several steps and during the travel the minors usually reach cities of gathering from
where they then continue their journey.
The countries with a steady migratory flow in the reporting period are: Albania, Kosovo, Tunisia,
Eritrea, Somalia, Gambia, Ivory Coast, Nigeria, Pakistan, Afghanistan and Bangladesh. For every
nationality it is possible to trace a migratory profile and a specific way of travelling.

1. THE EASTERN MIGRATORY ROUTE

ERITREAN UNACCOMPANIED MINORS

They are mainly male between 15 and 17 y.o., but there are also children from 11 to 14 y.o.
Arrivals of girls are on the rise, often declaring themselves to be adults or accompanied by a
reference adult to continue the journey together. They escape from the military service. The
initiative of the trip, almost always, is an independent choice of the child .They also travel
on foot for very long time periods: from Eritrea to Ethiopia (where they settle for a period
that can vary from 1/2 months to 2/3 years), from Ethiopia to Sudan (in Ethiopia they stay in
camps from where they contact relatives, contacts or friends who live in European countries,
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or in Israel, to ask them the necessary amount of money to continue the journey to Sudan
and from Sudan to Libya).
They consider Italy a transit country, their final destination is Northern Europe (Scandinavian
countries, Switzerland, Germany, England, etc.). They leave the southern border after few
hours in order to reach Rome and Milan, where they live in disused buildings before moving
again.
The average cost is €5,000.

SOMALIAN UNACCOMPANIED MINORS

They are mainly males and females of 15-17 years old, but there are also children of 11-14
years old. They escape from the civil conflict, forced recruitment into armed groups, political
instability, and because of the presence of the terrorist group "Al Shabab".
They travel for a long time, along the route that goes from Ethiopia to Sudan and from there
to Libya. Another possible route is from Kenya, Uganda, South Sudan to Sudan and from
there to Libya.
Like their Eritrean peers, they are victims of numerous and very serious traffickers' violence.
They spend a long time in Libya and are often detained in prison until they pay a ransom
(about 2000 dollars) or they are kidnapped by armed groups. For this reason, when they
arrive in Italy their physical and psychological conditions are very precarious: strongly
malnourished, with signs of physical and psychological violence.
They travel in groups (both males and females) and like the Eritreans, tend to protect each
other trying to help who is weaker. They tend to leave Italy as soon as possible, in order to
reach family members in Northern Europe
The average cost of the travel is €5,000.

EGYPTIAN UNACCOMPANIED MINORS

They come from poor areas in Lower and Middle Egypt. Arrivals from Egypt drastically
decreased in the last 3 years but in the last few months arrivals from Fayoum are increasing.
They leave for Italy often pushed by families in order to earn money to send back home and
they have to pay the debt incurred for the trip (about € 3,500). The stories (through facebook
or other social media) of peers already in Italy are a push factor for the departure.
Other push factors are: instability in the country, lack of sense of belonging, desire to change
their family life. They want to reach Rome or Milan where their compatriots already live.
They have a very low awareness of what can be considered exploitation. In the last year they
arrive through Balkans Route.

TUNISIAN UNACCOMPANIED MINORS

They are between 12 and 17 years old, there is an increase in arrivals of under 15 years old.
They come from Sfax and Zarzis, and in smaller numbers from Tunis, Mahadia, Kaserine and
Kairauen. They depart mainly from the ports of Sfax, Kerkenna and Gerba. They often travel
in pairs with a friend or relative who is sometimes also a minor. The money for the travel is
generally given by the family or friends.
They come from both urban and rural backgrounds, generally from poor or deprived and
very large families. They are often children who have left school. In almost all cases, they

13
only speak Arabic. They leave because of family instability (e.g. separated or absent parents,
large families), lack of education and health services. They are attracted by the possibility of
having better living conditions and more opportunities to study and work.
Many have long-standing relatives, both regular and irregular, in Italy and France, who they
usually want to reach. High risk of voluntary departure. They are often deceived by their
fellow travelers, often adult compatriots, regarding the path of reception they can access as
minors.

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2. THE CENTRAL MIGRATION ROUTE (Nigeria, Niger and Ghana)

FEMALE NIGERIAN MINORS

They tend to travel in groups with adults or peers and are at high risk of trafficking. The
majority of the girls claim to come from Benin City, and its suburbs, and from Edo State. They
are mainly girls between the age of 15 and 17 but tend to claim to be older.
Usually they belong to Christian Churches, while maintaining at the same time a cult or
animist beliefs and vodoo.
They generally come from very marginal and rural contexts and from disintegrated or
unstructured families, where one or both parental figures are missing. Often, they have lived
in the home of uncles, or other relatives, and have already been victims of labor exploitation
or episodes of sexual violence by relatives or neighbors.
Generally speaking, the objective of the project to migrate to Europe is the need to redeem
oneself from a state of serious poverty. The trip takes place through the support of traffickers
and recruitment along the way, through the so-called sponsor (which guarantees the
financing and logistics of the trip), whose work is experienced by the girls with a mixture of
feeling of gratitude and obligation.
The initial baiting develops with subtle modes of persuasion, sometimes within a family
context or otherwise within the circles of relatives or friends. The first contact is managed
by a woman, who offers the minor and her family an opportunity to earn money abroad.

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3. THE WESTERN MIGRATION ROUTE (Senegal, Gambia, Guinea, Mali and Ivory Coast)

UNACCOMPANIED SUB-SAHARIAN MINORS

They come from Gambia, Nigeria, Ivory Coast, Mali, Senegal and Guinea. They are mainly
males of 15-17 y.o. but there is an increase in the number of children between 11 and 14
y.o. They generally come from poor backgrounds and report family problems. They are often
orphans or have lost one of their parents, living in disaggregated and unstructured families.
Most of them are not very well educated and do not always speak English or French. Also for
this reason, the declaration of minors given at the border could be verified.
They may have difficulty in obtaining an identity document, also due to problems of
registration in the country of origin, due to lack of infrastructure.
They describe their stay in Libya as very dangerous: they are harassed and exploited at work.
In Italy they would like to play football, study and have a job, but they are not very aware of
the context.

GAMBIAN MINORS
The majority of Gambian minors are Muslims, the rest are Christians. The largest ethnic
group is represented by the Mandinga, followed by the Fula, Wolof, Jola, Serere and
Serahule. Each ethnic group has its own language, but the Gambia, being a former British
colony, has adopted English as its official language
The Gambia experienced an authoritarian government of the same president from 1994 to
2017, undergoing severe restrictions and lack of access to fundamental rights, supported by
a strong repressive apparatus that has unfortunately exacerbated ethnic and tribal conflicts.
The young Gambians come mainly from rural areas that are located near the river or in
lowland areas. The main source of livelihood is fishing and agriculture. The Gambia has
recently been hit by natural disasters and in 2010 the floods destroyed many houses and left
thousands of people without a home, so many families living in agricultural areas moved to
the towns.
Among the main push factors there are sexual exploitation and prostitution of children by
European tourists.
The trip has a cost of around $ 2.000.
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GUINEA CONAKRY MINORS
The number of children from Guinea Conakry has been increasing in the past 3 years and
decreased in the last year, most of them are between 16 and 17 y.o.
In 2013 the spread of the Ebola virus, has claimed many direct and indirect victims. 2536
people died, and more than 6,220 children were left orphaned. Already in 2012 Guinea was
considered one of the poorest countries in the world, this fact was unfortunately confirmed
in subsequent years due to a worrying decline in agricultural production and rising prices of
primary goods.
Children represent the most vulnerable part of the population. Exploitation of child labor
has risen by 40% between 2002 and 2012, while 19.8% of children are married before the
age of 15 and 63.1% before 18. Insufficient progress has been made in recent years in basic
health care and access to primary education.
Sexual violence against children is frequent and unpunished, particularly when it comes to
migrant children. Once they have left the country for Europe via the very dangerous Saharan
and Central Mediterranean route, the children are subjected to further abuse and violence.
These alarming factors have been reflected in a considerable increase in the landing of
Guinean children on the Italian coasts.
Most children decide to leave without informing their families, with the will to support them
financially. Some of the children experience the route through Algeria and Tamaresset,
where they often fall victims of armed or nomadic groups, who keep them in detention until
they can pay the ransom or force them to work to free themselves.

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MALI MINORS
They are mainly children between 15 and 17 years of age, but in the last year we have
witnessed the arrival of children between 11 and 14 years of age. More than 4.2 million
people are in a situation of food insecurity. The main reasons why children travel to Italy are
labour exploitation, recruitment and abduction by armed rebels and Islamic extremist militia
groups - children are also arrested by the government on charges of joining such groups -
and the almost total absence of access to the educational system.
As for the girls, they are often forced into domestic slavery, agricultural work and support
roles in artisanal gold mines. Some are involved in sexual exploitation, being recruited by
armed groups for this purpose - sex slavery through forced marriages with members of these
militias is not uncommon. Presumably armed groups force families to sell their children to
groups.
In general, early marriage seems to be another serious problem: in some regions of the
country it is common practice for young Malian women to marry men who are twice their
age from the age of 10. It seems that the same judicial officials often accept false birth
certificates.

MINORS FROM IVORY COAST

The political instability of the country has not allowed the country to achieve economic
development. Ten years of civil conflict are burdening the state's economic and political
resilience. The main factor that pushes young Ivorians to flee their country is poverty and
labor exploitation within agricultural plots and industries. Families live on the basis of income
at the limits of subsistence and children start working around the age of 12, in order to
contribute to family sustenance. As a result, there is also an index of illiteracy that affects
almost 50% of the children population.
The run-up to the 2020 elections and the support that the armed groups give to the various
candidates are fuelling the climate of instability and contributing to the exodus of the
population. The safeguarding of human rights is unsatisfactory, there are too frequent cases
of arbitrary arrests, violence and disappearances.
The journey of Ivorian minors to Italy follows three main routes: the first route is
characterized by three major stages along the African transit countries such as Mali, Niger
and Libya; the second, however, is identified with the route of Burkina Faso, Benin, Niger
and Libya, the third, that seems to be more experienced in the last year, is that through
Algeria. In 2016, a decrease in the travel cost was observed compared to previous years.

18
The case of minors from Bangladesh
Until 2016 most of the Bangladesh minors arrived in Puglia, passing through Greece. Currently,
Bangladesh migrants who reach Italy generally pass through Balkans Route or through Libya,
transiting by plane through various countries (Pakistan/India/Gulf countries) and often have an
employment contract in Libya, where they have been residing for at least one year.
There is an organized network that supports them in obtaining documents. They are very suspicious,
they don't like to talk about the dynamics of their journey.

Children on the move across the Balkans route

After the EU-Turkey statement in March 2016 we saw an increased smuggling activity; greater
vulnerability of refugees and migrants in irregular transit;
Data collected since the adoption of the EU-Turkey declaration shows that there is still a significant
movement of migrants along the Balkans route, including through Bosnia. The data collected by the
European Border and Coast Guard Agency, FRONTEX, for 2018, indicate that one out of five of
around 150,000 migrants who tried to enter the EU was younger than 18, while the official number
of detected entries of unaccompanied children was 4,000.
The children from Afghanistan most often travelled through Pakistan, Turkey and then either
Bulgaria or Greece and North Macedonia before they entered the territory of Serbia. Pakistanis,
Iranians (except those that came by plane directly to Serbia) and UASC from African countries also
passed through Turkey. Turkey was seen as a mid-station for resting and finding contacts to
continue the journey. The journey continues through Croatia or Bosnia and Herzegovina. The
children reported travelling through Pakistan in large groups and relatively fast. Before entering
19
Iran, large groups were broken into smaller groups with different smugglers in charge. The
smugglers led their groups in different directions, depending on their intended destination and how
much they had paid for the trip. The children considered Iran as one of the most dangerous transit
countries due to the attitude of local policemen towards migrants, regardless of their age. Turkey
was the country where the stopped for the first time for a longer period of time to rest, earn money
needed to continue the journey, change the smugglers they travelled with but also in cases when
the children were forcibly detained by smugglers. Bulgaria was perceived as the country in which
the border police and other law enforcement agencies most often and most intensively used force.
(Source Save The Children International “Struggling To Survive – UASC travelling the Balkans Route”)
Afghan unaccompanied minors
Most are Pashtun or Hazara boys aged 15-17, but there are also younger ones (8-13 years). They are
escaping a war that has been going on for more than 30 years, some of them were born or raised in
Iran or Pakistan.
Families pay for the cost of the trip and consider it not only as an investment for the child but also
for the whole family. They are in very high risk of kidnapping in the transit between Iran and Turkey,
where the reward required to the family for the liberation is between 5000 and 15000 dollars; the
cost of the travel from Iran to Italy is between 4000 and 7000 euros.
They pass through Greece and Turkey, from where they leave, respectively, hidden in trucks on
board ferries and in rotten boats. Recently they have also been experiencing the Balkan route.
In Greece they live experiences of violence and serious abuse suffered by extremist groups but also
at ports, in trying to embark. They want to reach North European Countries.
Albanian and Kosovo minors
Albanian minors are between 15 and 17 years old and come mainly from the cities of Elbasan, Vlore
and Fier. Kosovar minors on the other hand, come mainly from Malisheva and are between 16 and
17 years old. The migration paths of Albanian minors are mainly of two types: the first includes a
journey by ferry from the Albanian coast to Brindisi, usually the minors travel with a family member
or an acquaintance who accompanies them and then leaves them alone in Italy, the second involves
the arrival of the minor by bus, which in this case travels alone.
Kosovars face a longer and more difficult journey than Albanian minors. The story of some of them
has shown that one of the possible routes involves the crossing of Serbia, Hungary and Austria,
before arriving in Italy.
In both cases, the main reasons for leaving their country of origin are linked to economic reasons
and the limited prospects of decent living conditions in their country. In some cases in addition to
these factors there are disadvantaged conditions and family problems, situations of abandonment,
violence and neglect by the parent figures.
Both Albanian and Kosovar minors have a strong informal network of fellow countrymen of support,
well rooted in the territorial context of the city. This means that it is very difficult to engage these
minors, because apart from the language barrier, they have a very closed network of fellow
countrymen, which does not allow the engagement or the access to external presences.

20
The stay in Lybia
 The situation
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 centers 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 reports 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.
In the last months the increase in the number of interceptions at sea and the closure of sea routes
in order to prevent the departure of migrants led to an increase in the number of detainees in Libya.

On February 2, 2017 the Italian Prime Minister Gentiloni and the Libyan President Al Serraj signed a
"Memorandum of Understanding" (still in effect) in order to strengthen the operational capacities
of the Libyan Coast Guard through the training and modernization of the fleet, on the one hand,
and the provision of reception camps in Libya to host migrants awaiting repatriation to the countries
of origin, on the other. At the same time, Italy has promoted an agreement with the local authorities
of Southern Libya, both through diplomatic work that has paved the way for collaboration with the
leaders of Libyan communities against "human traffickers", and through subsequent meetings with
the mayors of the Libyan territories of Southern Libya at the border with Niger and Chad. Following
these agreements, Italy committed itself to finance projects proposed by the local Libyan
authorities, in the fields of training and health, in exchange for their commitment to combat the
illegal activities of traffickers and to greater control of the southern border.

21
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. 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.

 Displacement: 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 labour and
sexual exploitation when they leave the country;
 The system is deficient in providing a response within an appropriate timeframe.

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 19/03/2020

CHILD PROTECTION – UNACCOMPANIED, MIGRANTS AND REFUGEE CHILDREN - Giusy D’Alconzo

 SECTION 1
To understand the basic functioning of advocacy in an NGO context: how to make a change
for children’s rights.

 SECTION 2
To get a clearer idea of how it works through the analysis of a case study: working for the
implementation of Law 47/2017 on protection of unaccompanied migrant minors through
different political contexts.

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SECTION 1: UNDERSTANDING ADVOCY

Advocacy is «the act or process of supporting a cause or proposal»

(Merriam-Webster)

When dealing with human rights, motivation is important but at the same time is really important
to have professional tools and to know that this kind of activity is a professional one: it has rules,
criteria and an overall thinking beyond it. Advocacy is a process and not one single action and its
ultimate goal is to support a cause or a proposal. In an NGO context advocacy is a process aiming to
influence public policies, including law-making, in order to make a positive change in the life of
beneficiaries. In order to be successful, advocacy needs:
1. a clear agenda (goals and policies);
2. sound strategies (how do we think we can get improvements in the legislation or practice);
3. well-planned activities;
4. effective techniques;
1. Setting an advocacy agenda (goals and policies)
When SC decides which are the cause to bring about during one specific year, there is need to start
from the field, looking at the reality and there is need to answer to some questions:
• what do beneficiaries need? Which change they/we want to see in their life? (in a given place
and lapse of time)
• which public policies or laws are necessary in order to meet beneficiaries’ needs? (= how to
define our policies)
• in which areas we can reasonably achieve a result? Where our contribution is more needed
and is likely to be more effective?

23
In order to answer to relevant questions, preliminary activities are needed, including:

• gathering information on the situation of beneficiaries in order to understand their basic

needs. This can be made on the basis of existing reliable data and reports or through
independent research.
• 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.

2. 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 goals7.

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
for example, 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
for example, in order to influence a Minister, we can ask a prominent expert of the same
cultural area to make a statement in favor of our stands; in order to influence MPs, we
involve their territorial constituency in advocacy activities, etc.

3. 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).

7
e.g. Goal 1: effective free access of all migrant children to the health system through a change in the legislation”.

24
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.

4. Using effective techniques

A successful advocacy program entails the careful use of advocacy techniques:

• 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.

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 -

25
 SECTION 2: A CASE STUDY – LAW 47/2017

In 2017 a new legislation has been proposed and then approved by the Parliament matter of
protecting and unaccompanied minors, that is law 27/2017. This has been an important advocacy
activity for SC, for a series or reasons.
SC observes the reality and carries out activities of support to migrant minors, both in daily centres
and at the borders, soon after the disembarkation, giving information and support. Observing the
practice, Save the Children has very a very clear view of the gaps in the legislation.
SC draw a proposal and, in order to feel the gaps, it had in mind the principles of the CRC, because
are very important for all children, including migrant ones. The aim of the law proposal was that of
making them reality in the practice and in the national legislation.
References in the UN Convention on the Rights of the Child

 ARTICLE 2
Non-discrimination

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, color, 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
Best interest of the child

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.
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.

26
  ARTICLE 12
Participation and agency8

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.
 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.

Motifs that led to propose a law on the protection of unaccompanied migrant minors in Italy

Before law 47/2017 there were different gaps in the legislation. Below there are some examples of
gaps that led SC working in the draft of a law proposal.

Two areas of applicable legislation

Children’s law Migrants’ law

Which one prevails? When it comes to different areas of legislation, reference to article 3 of the CRC
and its principle of the best interest of the child is essential. Indeed, the principle asks to look at the
personal condition of each child and his/her well-being and access to rights.

8
Children must have the possibility to express their opinion in all procedure and this opinion cannot be just
disregarder by the authorities.
27
  Sketchy policies and practices on identification and age assessment at the arrivals→ Who
are the minors?
 Inadequate reception system → Same rights of other children? (Article 2 CRC on principle of
non-discrimination)
 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 proceedings → Who represents the
child? Do institutions listen to children’s voice? (Article 12 CRC on principle of participation
and agency)

The path of Law 47/2017

Main steps of the process that led the proposal into the Italian legislation:

 announcement by Save the Children Italy in a press conference on 25 July 2013;

 bill presented at the Parliament in October 2013;
 approved on 29 March 2017;
 published on 7 April 2017;
 in force from the 6 of May 2017.

The Law 47/2017: main provisions

a) Definition of unaccompanied migrant minors (UNAMs) and equal treatment with Italian and
other EU children;
b) Total prohibition of refoulement;
c) Clear rules on identification and age assessment at the arrival;
d) Rules on «first reception» (max 30 days) and «second reception»;
e) Request of permit of stay by the child before the appointment of a guardian;
f) Voluntary guardians9;
g) Right to health, education, participation and legal assistance

9
Persons who as volunteers become legal guardian of the minors and have the duty to look over the protection and
respect of the rights of the minor, for a maximum of three children for each guardian.
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 23/03/2020

CHILD PROTECTION – UNACCOMPANIED, MIGRANTS AND REFUGEE CHILDREN - Giulia di Cristo

1° SECTION AIMS AT UNDERSTANDING
1.1 What is Child protection: basic concepts and principles
1.2 The legal and policy framework for child protection
1.3 Child protection systems

2° SECTION AIMS AT EXPLORING

2.1 Key child protection interventions for children affected by migration and displacement (Children
on the move)

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Why child protection is important?

The scale of the problem:
• between 500 million and 1.5 billion children experience violence annually;
• about 20 % of women and 5-10 % of men suffered sexual abuse as children;
• 3 out of every 4 children experience violent discipline at home;
• 85 million children (55 million boys and 30 million girls) are involved in the worst forms of
child labour;
• just over 1 billion children live in countries or territories affected by armed conflict;
• almost half of all forcibly displaced persons globally are children – over 12 million girls and
boys.
1.1 What is Child protection?
Child protection is an important part of broader protection activities aiming to ensure the care and
protection of most vulnerable and deprived population groups (i.e.: elderly persons, disabled
persons, women in vulnerable situations, chronically ill etc.).
Child protection aims at responding to the specific needs and the risks children face. It protects them
against all forms of discrimination; prevents and responds to abuse, neglect, violence and
exploitation; ensures immediate access to appropriate services; and provides durable solutions in
the child's best interest.
It is a specialist sector in its own right but works very closely with and is relevant for other sectors
such as Education, Nutrition, Health, Livelihoods.
Child protection should not be confused with the protection of all children’s rights or child
safeguarding, although these concepts are clearly related.

29
1.1.2 Understanding the differences

❖ CHILD PROTECTION
Is concerned with a specific set of protection rights for children contained in the UN Convention on
the Rights of the Child (UNCRC) and other human rights instruments.

❖ PROTECTION OF ALL CHILDREN’S RIGHTS

Is concerned with all children’s rights contained in the UNCRC, including for example the right to
education, health, food, shelter, participation as well as their rights to protection. The protection
of all children’s rights is the responsibility of everyone working with children in any sector.

❖ CHILD SAFEGUARDING

Is concerned with ensuring children’s safety in every aspect of the protection work. It includes
internal policy, protocols and procedures created to ensure appropriate behaviour towards children
and prevent abuses that might rise from a particular position of trust or power. It involves assessing
risks to children and establishing actions to mitigate risk and ensure children’s safety.
1.2 The Legal framework for Child protection
Table 1. International conventions, resolutions and guidelines relevant to Child protection

1973 ILO Convention No. 138 on the minimum age for admission to employment and work
(United Nations)

1979 Convention on the Elimination of All Forms of Discrimination against Women (United
Nations)

1989 Convention on the Rights of the Child (United Nations) 55 articles

1990 Hague Convention on the Civil Aspects of International Child Abduction (United Nations)

1990 African Charter on the Rights and Welfare of the Child (African Union)

1993 Hague Convention on the Protection of Children and Co-Operation in Respect of Inter-
Country Adoption (United Nations)

1999 ILO Convention No. 182 on the Worst Forms of Child Labor (United Nations)

2000 Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children (United Nations)
2000 Optional Protocol to the UNCRC on the Sale of Children, Child Prostitution and Child
Pornography (United Nations)

2000 Optional Protocol to the UNCRC on the Involvement of Children in Armed Conflict (United
Nations)

2005 Resolution 1612 on a Monitoring and Reporting Mechanism for children in armed conflict
(United Nations)

30
 2007 Convention on the Rights of Persons with Disabilities (United Nations)

2008 Resolution 1820 on sexual violence against civilians in conflict (United Nations)

2009 International Guidelines for the Alternative Care of Children

2011 ILO Convention No. 189 on decent work for domestic workers

2011 Resolution 1998 concerning children in armed conflict (United Nations)

2012 Optional Protocol to the UNCRC on a complaint mechanism for children’s rights violations.

1.2.2 United Nation Convention on the Right of the Child

Table 1.1 Key protection articles in the UNCRC (1989)

Article Protection right

9 Family separation
10 Family reunification across borders
11 Illicit transfer of children
16 Right to privacy, honour and reputation
19 Protection from violence, injury, abuse, neglect, maltreatment or exploitation
20 Alternative care
21 Adoption
22 Refugee children
23 Children with disabilities
24 Harmful practices
25 Periodic review of alternative care
32 Economic exploitation
34 Sexual abuse and exploitation
35 Abduction, sale or trafficking of children
36 Other forms of exploitation
37 Juvenile justice and protection from torture or other cruel, inhuman or degrading
treatment or punishment
38 Protection in armed conflict
39 Recovery and reintegration

31
 40 Children in conflict with the law

1.2.3 Guiding principles

The CRC forms an international framework for the protection and promotion of Child rights and
underpins all the Child protection interventions.
CRC P1 - Survival and Development: Children’s mental, emotional and physical development are
interlinked. All rights of children must be realized.
CRC P2 – Non-Discrimination: All children are equally entitled to all of the rights in the convention.
No child should be discriminated on the basis of gender, age, ethnicity, race, religion, physical
abilities, etc.
CRC P3 - Child Participation: Children are no longer considered just property of their parents; nor
are they passive recipients of charity. Children are active rights claimers therefore they have the
right to participate in the decisions that affect their lives.
CRC P4 - Best Interests of the Child: it should be considered first and foremost in all decisions
regarding the child. Each child’s best interests should be considered as an individual.

32
1.2.4 Root causes and risks that a Child protection intervention should take into account
o Social and gender norms - the way children (boys and girls) are viewed and treated in
society.
o 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.
o Unequal power relations between children and adults.
o Gender based and other forms of discrimination (against minority groups, people with
disabilities etc.).
o Lack of children’s participation in society and weak accountability systems such as child
friendly information and reporting mechanisms.
o Structural barriers to children’s protection such as weak laws and policy.
NB → All children are at risk of harm from violence, yet some groups of children who have minority
status and are separated from their family are particularly at risk including: children living in
institutions, street-connected children, children affected by HIV and AIDS, children with disabilities,
migrant children, children from minority groups, children who experience discrimination because of
their sexual orientation and children living in contexts affected by conflict or disaster.
Gender and age can also be important factors in increasing the risk of violence. For example, girls
and boys are more or less likely to face different types of child protection issue. In relation to
hazardous work for instance, girls in many contexts tend to be more at risk of being engaged in
harmful domestic work while boys are more likely to be engaged than girls in heavy agricultural
work. Both girls and boys are at risk of forms of gender-based violence. A child’s age is also a factor.
For example, babies and young children under five tend to be more at risk of neglect and physical
violence in the home and are entirely dependent for their safety on their parents or caregiver, while
older children and adolescents face additional risks in other settings such as on the street, in the
community, school or workplace.
Main protective factors that a Child protection intervention should take into account
There are natural and individual protection measures that Child protection intervention should
identify and use at advantage of the child, such as:
• living in environment;
• presence of 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.

33
1.2.5 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 aspects 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 & COMMUNIT-BASED APPROACH

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.

1.3 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.

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
34
 • Child participation
• An aware and supportive public
• A trained workforce
• Adequate resources
• Standards, regulations
• Data collection systems

1.3.1 Rings of protection: Social - Ecological model

The main goal of child protection is to prevent and stop violence, exploitation and abuses against
children. Child protection requires, therefore, understanding the factor that influence and led to
violence, abuses and exploitation. This is the reason why child protection refers to the four levels of
Socio-Economical Model, which considers the complexity interplay between individual, relationship,
community, family and societal and environmental factors above all. It also allows to understand
the range of factor that put children at risk for violence or protect them from experiencing and
perpetrating violence as well. It is important to note that the overlapping rings of the model make
us aware on how factors at one level influence factors at another level.

35
2. Key child protection interventions for Children on the move
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.
2.1 Key child protection objectives in the situation of migration and displacement
Priority objectives are:
o to ensure that migrant and displaced girls and boys are safe where they live, learn and play;
o to strengthen the capacity of migrant and displaced children to participate in their own
protection;
o to give migrant and displaced girls and boys child-friendly access to asylum, refugee and
other legal procedures, and to essential documents;
o to ensure that migrant and displaced girls and boys with specific needs receive targeted
support.
2.2 Key child protection interventions for Children on the move
Children on the move are:
“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, while it may open
up opportunities, might also place them at risk (or at an increased risk) of economic or sexual
exploitation, abuse, neglect and violence”.
Source: Save the Children’s Child Protection Strategy 2013-2015: Making the world a safe place for children

This term brings together a number of categories of children:

o trafficked children;
o children who voluntarily migrate (e.g. to pursue better life opportunities, to look for work or
education or to escape violence);
o children displaced by conflict or natural disasters;
o street involved children, Roma children;
o children born to migrant parents in countries of transit or destination.

36
2.3 Why are children migrating or fleeing?
o Better quality education;
o To accompany or be reunited with family members;
o Violence, abuse (physical, emotional, or sexual), neglect or exploitation in their family or care
setting;
o The threat of child marriage and other forms of gender-based violence;
o Inequality, social exclusion and discrimination (based on ethnicity, gender, or other factors);
o Socio-cultural traditions which value migration;
o Conflict and insecurity – forced displacement;
o Climate change, natural disaster;
o Peer influence and pressure;
o Economic reasons – family poverty and search for better livelihood and jobs Unemployment,
low wages, and lack of access to basic services in rural or remote areas
Protection concerns facing migrant and displaced children
o Separation from family and caregivers;
o Lack of appropriate care;
o Injury, accidents when on route;
o Harassment, corruption, violence and abuse (physical, emotional, sexual);
o Trafficking risks and exploitation by smugglers;
o Gender based violence, including engagement in prostitution and risks of transactional sex
and forced marriage;
o Exploitation and increased vulnerability to the worst forms of child labour;
o Debt bondage and illegal confinement; Detention;
o Conflict with the law as they are perceived as criminals/ detention;
o Forced deportation or refoulement;
o Psychological emotional and physical stress; Mental disorders;
o Discrimination and lack of access to basic services;
o Recruitment by armed forces and groups.
2.4 Child protection interventions for children on the move
It is also important to recognise that migration can lead to positive outcomes for girls, boys, and
families: improved access to education (formal or non-formal) • improved livelihood and job
opportunities • improved access to primary services (health, protection, social protection, legal) •
increased security • chance to remain with or be united 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 risks and violations
associated to the migration.

37
2.5 Recommended principles for Children on the Move and other children affected by migration
and displacement
I. Children affected by migration shall be considered children first and foremost;
II. All children have the right to life, survival and development;
III. Children have the right to liberty of movement within their State, and to leave their
State and any other;
IV. The detention of children because of their or their parents’ migration status
constitutes a child rights violation;
V. During all phases of migration, children shall not be separated from their parents or
primary caregivers (unless it is in their best interests);
VI. No child is Illegal;
VII. Child protection systems shall protect all children, including children affected by
migration;
VIII. Migration management measures shall not adversely affect children’s human rights;
IX. Children have a right to express their views freely in all matters affecting them.
Recommendations set out in the Committee on the Rights of the Child’s 2012 https://principlesforcom.jimdo.com

2.6 Child protection interventions during all phases of migration

PRE-MIGRATION – PREVENTION
DURING MIGRATION – RESPONSE
AT DESTINATIONS – DURABLE SOLUTIONS

PRE-MIGRATION - Critical issues affecting Child protection interventions with children at risk of
unsafe migration

 Child’s friendly and accessible information;

 Knowledge of the real and pertinent risks;

 Available services, safe places, stakeholders that provide protection measures;

 Push factors (i.e.: conflict, drought, famine, restrictive gender norms, lack of labor market
and job opportunities, lack of family and parenting support, violence in home and at school);

 Pull factors (i.e.: availability of better job and education opportunities, religious freedom,
political freedom, environmental safety);

 Social cohesion;

 Innovation and new Technologies;

 Community mobilization (i.e. women groups, local children’s clubs, youth groups and
children’s parliaments).

38
DURING MIGRATION - Critical issues affecting Child protection interventions

 Children’s copying mechanism and their own social networks;

 Different needs and risks migrant children run based on gender;

 Different motivations and reasons why girls and boys are on the move;

 Realistic expectations and challenges about the intended destination;

 Existing legal framework to ensure children have access to legal support;

 Existing disparities among protection services available for different type of migrants,
refugees, unaccompanied or separated;

 Hostility of migrant children on irregular routes to be reached out and engaged;

 Legal, political, economic disparities between countries that make transnational cooperation
complex and harder to achieve;

 Key migration routes, transit points and intended destination;

 Available services and capacity gaps of duty bearers and actors;

 Education and skills capacities gained before migration.

Key considerations for child protection interventions should be:
• Different motivations and reasons why girls and boys are on the move;
• Key migration routes, transit points and intended destination;
• Available services and capacity gaps of duty bearers and actors;
• Info about border regulations and necessary paper work (birth registration, migrant rights,
labour laws etc.);
• Realistic expectations and challenges about the intended destination;
• Education and skills capacities gained before migration;
• Services, hubs, helplines, safe places on route where seek for help;

39
AT DESTINATION - Securing solutions for Children affected by migration and displacement
There are 3 type of solutions for Children on the move:

 Return to and reintegration into the country of origin;

 Integration in the hosting country;

 Resettlement to a third country.

Solutions should be long-term, sustainable and durable. Moreover, solutions should aim at
recovering child’s rights and minimizing or mitigating the vulnerabilities and risks associated to the
condition of migrant or displaced.
Decisions on the most appropriate solution should be based on the Best interests of the child where
there are the conditions to guarantee the physical, legal, material and psychosocial protection of
the child.
Key considerations when trying to secure durable or sustainable solutions should be:
• Solutions are politically sensitive and can be jeopardized by the lack of political will of the
hosting countries;
• Durable solutions are harder to achieve and can led the migrant child staying in «a limbo»
while in transit for protracted periods of time;
• Access to basic services for a migrant or displaced child are more likely to be granted by
hosting countries, such as food, shelter, health, education, than others, such as the right to
work or free mobility;
• Return and re-integration to the country of origin is not all the times the best solution as can
exacerbate protection risks and threats for the migrant and displaced child.
• Transnational cooperation is underdeveloped in many regions, so that bordering countries
often have conflicting interests and views on which can be the best solution for a migrant
child.

40
 26/03/2020

INTRODUCTION TO THE CRC – ARIANNA SAULINI

The Convention on the Rights of Child (CRC) can be considered a sort of the magna carta for the
promotion and protection of children rights. It is a unique instrument and it is fundamental for
children rights because, for the first time in the history, children were considered as rights holders,
which means entitled to human rights and fundamental freedom as other human beings. At the
same time, children are also entitled of special rights because they are different from adults and
different from the parents and families they are included in. So, they need special protection and
they have certain specific rights, that are specifically preview for children.
→ The CRC was unanimously adopted by the United Nations General Assembly on 20 November
1989 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 agreement in history.
Reservations to the CRC
The CRC is the most widely ratified international human rights treaty. Unfortunately, there are some
States that have made reservations to the CRC, which means that they declared that certain articles
or specific rights have to be subjected to internal law. This, of course, limits the application of the
CRC but, even with the reservations, the CRC maintain the role of being a very fundamental
instrument.
43 are the States 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 particularly:
✓ Article 14 on freedom of thought, conscience and religion;
✓ Article 37(c) on separation of children and adults deprived of liberty;
✓ Article 21 on adoption.

Seven States (Brunei, 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.

41
 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 rights high on the international agenda, to assess the status of child rights and take
measures to strengthen awareness, understanding and the actual realisation of children’s rights
worldwide.
This anniversary creates a momentum for the international community to step up its efforts to make
children thrive, and to renew their commitment to protect and promote all their human rights.
While notable progress has been achieved in the past three decades, significant challenges remain,
in particular for girls, children with disabilities and children in disadvantaged and vulnerable
situations.

Save the Children and the UN Convention on the Rights of the Child
The long path to children’s rights is strictly linked to the history of Save the Children.

 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
It was the UN’s International Year of the Child (IYC).
 1989
The CRC was adopted unanimously by the UN General Assembly;
 2019
Save the Children celebrates 100 years and it is the CRC 30° Anniversary
Save the Cildren founder: Eglantyne Jebb
Eglantyne Jebb – the women who founded Save the Children a century ago in 1919 – was one of the
world’s most charismatic, fiercely intelligent and influential champions of human rights. A British
social reformer and former teacher, Jebb was appalled by newspaper photos she saw of children
starving in enemy countries like Germany and Austria – starving because Allied troops’ blockades
wouldn’t let supplies through. She jointed Fight the Famine Council, a group working to get food
and medical supplies to these children. She stood in Trafalgar Square and handed out leaflets that
showed the emanciated children with a headline: “Our blockade has caused this – millions of
children are starving to death”.
In 1919 she had the vision: the vision was to protect and to promote children rights worldwide,
doesn’t matter if children were born in another country. She was a very courageous women,
42
determined not let people ignore was she strongly believed as a strong violation of children’s rights.
She was arrested and found guilty because of the protests.
Geneva Declaration of the Rights of the Child
The Geneva Declaration, adopted on 26 September 1924 by the LoN, is composed of five principles,
which are not binding. In the Declaration, child is still seen as someone who need a protection more
than a rights holder. Nevertheless, the five principles are the base on which developed also the
future declaration. The principles are:
1. The child must be given the means requisite for its normal development, both materially and
spiritually;
2. 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;
3. The child must be the first to receive relief in times of distress;
4. The child must be put in a position to earn a livelihood, and must be protected against every
form of exploitation;
5. The child must be brought up in the consciousness that its talents must be devoted to the
service of fellow men.

THE CRC
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.
The CRC was adopted after 10 years of work, on the basis of a compromise, in order to be accepted
by all the States.
In several cases the draft text of the Convention was discussed many times over:
• the definition of the child (article 1) was the most contentious of all;
• much time was spent on formulating articles on the right of the child to express his or her
views (article 12), the right of the child to freedom of expression (article 13) and the right of
the child to freedom of thought, conscience and religion (article 14);
• there were serious difficulties in reaching common agreement on the content of article 21
concerning adoption. Delegates of States with an Islamic culture had problems accepting the
proposed text because adoption is not recognized in those countries;
• another controversy when discussing the content of the article on the right of the child to
education, especially the part referring to mandatory primary education that should be
available free to all.

43
 The CRC is the first international human rights treaty to include
civil, political, economic, social and cultural rights

o Civil and Political Rights – these cover the freedom to form opinions and participate in
decision-making and legal proceedings (article 12), freedom of expression (article 13),
freedom of association (article 15), freedom of opinion, religion and conscience (article 14),
freedom of access to information.

o Economic Rights – Article 4 states in general terms that states parties shall take all
appropriate legislative, administrative and other measures regarding economic, social and
cultural rights. More specifically this involves, among other things, the right to be protected
from exploitation (articles 32 and 36).

o Social Rights – Again article 4. This heading also covers the right to education (articles 28 and
29), health care (article 24) and social security (article 26).

o Cultural Rights – in addition to article 4, once again in this context we need to mention article
31, recognizing the right to rest and leisure, to engage in play and to participate fully in
cultural and artistic life.
It is the most comprehensive human rights treaty
ever written

o There are 54 articles guaranteeing over 40 substantive rights for children;

o It covers civil and political rights, economic, social and cultural rights, as well as aspects of
humanitarian law;

o Some articles in the CRC mirror guarantees established for "everyone" in the International
Bill of Human Rights or other instruments

o It also creates a number of rights that are unique in international law and specific to children
• Best interests of the child to be a primary consideration in all actions concerning
children (article 3 (1));
• State respect for appropriate guidance by parents and others in the child’s exercise
of their rights, respecting the child’s evolving capacities (article 5);
• Right of the child to know and be cared for by parents (article 7).

44
Clusters of the CRC
The Committee in the Rights of the Child divided the articles of the CRC into 9 clusters. The Clusters
are useful because they put together the articles and the rights that could be defined in groups.

GENERAL MEASURES OF IMPLEMENTATION (art. 4, 42, 44(6))

DEFINITION OF THE CHILD (art.1)
GENERAL PRINCIPLES
 non-discrimination (art. 2)
 best interest of the child (art. 3)
 right to life, survival and development (art. 6)
 respect for the views of the child (art. 12)

CIVIL RIGHTS AND FREEDOMS

 birth registration, name and nationality (art. 7)
 preservation of identity (art. 8)
 right to seek, receive and impart information (art. 13)
 freedom of thought, conscience and religion (art. 14)
 freedom of association and of peaceful assembly (art. 15)
 protection of privacy and protection of the image (art. 16)
 access to information from a diversity of sources and protection from material harmful to
his or her well-being (art. 17)
 measures to promote physical and psychological recovery and social reintegration of child
victims (art. 39)

VIOLENCE AGAINST CHILDREN

 abuse and neglect, including physical and psychological recovery and social reintegration
(arts. 19 and 39)
 measures to prohibit and eliminate all forms of harmful traditional practices, including, but
not limited to, female genital mutilation and early and forced marriages (art. 24(3))
 right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment, including corporal punishment (arts. 37(a) and 28(2))
 sexual exploitation and sexual abuse (art. 34)

FAMILY ENVIRONMENT AND ALTERNATIVE CARE

 family environment and parental guidance in a manner consistent with the evolving
capacities of the child (art. 5)
 separation from parents (art. 9)
 family reunification (art. 10)
 illicit transfer and non-return (art. 11)
 parents’ common responsibilities, assistance to parents and the provision of childcare
services (art. 18)
45
  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)
 administration of juvenile justice (art. 40), the existence of specialised and separate courts
and the applicable minimum age of criminal responsibility 17.

46
All of the rights are inter-dependent 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:

• ARTICLE 2
the right to non-discrimination
• ARTICLE 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
• ARTICLE 6
the right to life and development
• ARTICLE 12
the right of all children to be heard and 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 rights holders
Circle of influence →

47
In the middle there is the child and in the first circle the family: this is because child is something
different from the family. If everything works well, child is inside the family and protected by it,
taking care of him/her. However, if something doesn’t work, there should be other actors who
should act in order to guarantee the protection of the children.
Children are putted in the middle as rights-holders and then there are other actors that we call
stakeholders / duty bearers (family, community, civil society, local government practice etc..).

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.
The Optional Protocols on the CRC
They are separated legal instruments which must be ratified independently of the CRC. There are 3
Optional Protocols on the CRC:

o OPTIONAL PROTOCOL ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT (OPAC)

State party 167

o OPTIONAL PROTOCOL ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
(OPSC)
State party 173
On 25 May 2000, the UN General Assembly adopted the OPAC and OPSC, which entered
into force on 12 February and 18 January 2002, respectively.

o OPTIONAL PROTOCOL ON A COMMUNICATIONS PROCEDURE

State party 36
Approved by the UN General Assembly on 19 December 2011, entered into force on 4 April
2014. It introduces two new ways to challenge States’ violations of children’s rights.
1. A communication procedure – Children or their representatives can bring complaints
about violations of their rights to the Committee, if these were not fully resolved in
national courts.
2. An inquiry procedure for grave or systematic violations of child rights, which is open to
anyone.
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 of 1990 (which entered into force on 29
48
 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”.

49
 30/03/2020

CONVENTION ON THE RIGHTS OF THE CHILD: MONITORING THE CRC – Arianna Saulini

Monitoring the CRC: periodic report to the UN Committee on the rights of the Child and the role
of NGO’s network.
ARTICLE 42 CRC
“States Parties undertake to make the principles and provisions of the Convention widely
known, by appropriate and active means, to adults and children alike”.

Despite the threshold nature of Article 42 there has been little meaningful work done to ensure
Article 42 is fully implemented. Without knowledge of their rights children may be unaware if there
is a violation of their rights for which there are, or should be, remedies. Similarly, without knowledge
of children’s rights, adults will be unclear as to when their actions violate the rights of children or,
alternatively, what steps they can take to help children realize their rights.

In order to implement article 42, the UN Committee on the rights of the Child interprets Article 42
to require that:

 States “should develop a comprehensive strategy for disseminating knowledge of the

Convention throughout society”;
 The CRC should be available in all relevant languages;
 Education on children’s rights should be incorporated into the school curriculum;
 All people who work with and for children should receive “initial and in-service training” on
the CRC;
 “The media can play a crucial role in the dissemination.”

To assess the Committee’s engagement with Article 42, Jonathan Todres (Professor & Professor of
Law at Georgia State University College of Law) reviewed 107 concluding observations to states
parties’ reports, issued over a five-year period (June 13, 2013 to June 27, 2018). He concludes that
the article has received little attention and it has been mostly relegated to the marginal child
advocacy. These, according to the professor, is something that we have to keep into consideration
when we say that children rights are not fully implemented, because they are not fully known among
children and professional working among children.

50
 ARTICLE 43
“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.”
With article 43 we enter in the part dedicated to the implementation of the CRC. Indeed, the
Convention is not only theory but is something that needs to be implemented in order to make
effective children rights. As other human rights treaties, also the CRC preview a mechanism to
monitor the CRC. This mechanism is based on a Committee that has the first responsibility to receive
the reports of member states and to check if and how the States are implementing the CRC.
The Committee on the Rights of the Child
It is the UN body responsible for ensuring children to enjoy their human rights.

• is composed of 18 independent experts;

• they are elected by States parties;
• they serve in their personal capacity for four-year terms and can be re-elected;
• “high moral standing and recognized 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 per year: 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.
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.

51
General Comments
The Committee on the Rights of the Child, among its tasks, drafts its General Comments with the
idea of clarifying the normative contents of specific rights provided in the Convention, putting
particular relevance on some themes of relevance for the Convention or offering a guide of practical
measure of implementation.
So, basically the 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 State party 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. 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
18. On public budgeting for the realization of children’s rights (art. 4)
19. On the implementation of the rights of the child during adolescence
20. On children in street situations

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Reporting cycle to the Committee on the Rights of the Child

The reporting cycle is, exactly, a cycle, which means that it never ends. It is composed of 8 phases.

STEP 1: SUBMISSION OF THE STATE PARTY REPORT

The first step is the submission of the State party report, previewed by article 44 of the CRC, which
reads:
“1. States Parties undertake to submit to the Committee, through the Secretary-General of the
United Nations, reports on the measures they have adopted which give effect to the rights
recognized herein and on the progress made on the enjoyment of those rights
(a) Within two years of the entry into force of the Convention for the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the
degree of fulfilment of the obligations under the present Convention. Reports shall also contain
sufficient information to provide the Committee with a comprehensive understanding of the
implementation of the Convention in the country concerned.
3. A State Party which has submitted a comprehensive initial report to the Committee need not, in
its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat
basic information previously provided.
4.The Committee may request from States Parties further information relevant to the
implementation of the Convention.
5. The Committee shall submit to the General Assembly, through the Economic and Social Council,
53
every two years, reports on its activities.
6. States Parties shall make their reports widely available to the public in their own countries.”
In this report the State parties have also to include the reply on the previous recommendations and
to describe what happened in that period of time, which is the challenges that need to be
implemented yet and what they have already achieved.
The importance of NGO/Civil Society engagement in the process
Article 45
In order to foster the effective implementation of the Convention and to encourage international
cooperation in the field covered by the Convention:
a) the specialized agencies, the United Nations Children's Fund, and other United Nations
organs shall be entitled to be represented at the consideration of the implementation of
such provisions of the present Convention as fall within the scope of their mandate. The
Committee may invite the specialized agencies, the United Nations Children's Fund and
other competent bodies as it may consider appropriate to provide expert advice on the
implementation of the Convention in areas falling within the scope of their respective
mandates. The Committee may invite the specialized agencies, the United Nations Children's
Fund, and other United Nations organs to submit reports on the implementation of the
Convention in areas falling within the scope of their activities;
b) ……
c) the UNCRC is also the only international human rights treaty to give non-governmental
organizations (NGOs), like Save the Children, a direct role in overseeing its implementation,
under Article 45a.

STEP 2: PREPARATION AND SUBMISSION OF THE ALTERNATIVE REPORT

Reporting to the Committee and monitoring implementation of the UNCRC go hand in hand. NGOs
have an important role to play in monitoring the situation of child rights in a country. One of the
most important roles for NGOs/NGOCs is to maintain the momentum that has been built during the
formal information gathering and report construction process and to continue to advocate for
change based on the Committee’s recommendations.
Joint alternative reports. Why report as a coalition?
When the Committee receives several reports from one country, it is difficult to know how the
information fits together and how it should be interpreted to develop an overall understanding of
the situation of children in the country.
By preparing a joint report, NGOs can:

 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;

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  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.
9 clusters of the CRC
The Committee has created a 9th cluster on violence against children in its concluding observations.
The treaty-specific guidelines to States parties only include 8 clusters but will be revised to have the
9 clusters in the near future.
The cluster are:
1. General measures of implementation (art. 4, 42, 44(6))
2. Definition of the child (art.1)
3. General principles
4. Civil rights and freedoms
5. Violence against children
6. Family environment and alternative care
7. Disability, basic health and welfare
8. Education, leisure and cultural activities
9. Special protection measures
The NGO Report
It is suggested that NGO reports should include:
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.

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 3. Concrete examples
− 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 reliable 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.

STEP 3: THE PRE-SESSIONAL WORKING GROUP

The pre-sessional working group (pre-session) is a private and confidential meeting between a
delegation of NGOs, who have previously submitted their own reports, and the Committee.
This meeting provides the Committee with the opportunity to talk directly to the authors of the
supplementary report and go in depth of it, and 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. 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.
The pre-session is confidential: the press is not allowed to assist and the name of the delegation, in
the case of NGO, are not published, in order to protect people of NGOs coming from countries where
there is no freedom of expression.
Moreover, during the meeting there is really the opportunity to go into details and for NGOs is an
opportunity to underline which are the main challenges and which are the issue that they have to
stress during the meeting with the governments, especially those not included in the state reports.
Normally, what happens during this session is that the Committee members ask a lot of questions
for clarification to the Delegation, while the Delegation asks after that.

56
Role of the Child Rights Connect
Child Rights Connect is a network that works as a link between NGOs and the Committee itself, and
it 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:

• Contacting national coalitions/NGOs to encourage them to prepare a report;

• providing guidelines on how to prepare an effective alternative report;
• providing advice, technical assistance and training on preparing alternative reports either by
e-mail or through;
• training workshops;
• commenting on draft alternative reports, if requested;
• providing advice on the entire reporting process, including how to prepare for the pre-
session and using the documents produced by the Committee;
• ensuring two-way communication between NGOs, NHRIs and children, and the Committee
and its Secretariat, throughout the reporting process;
• transmitting electronic and printed alternative reports to the Committee’s Secretariat and
adding them to the inventory of reports;
• organising logistics for the participation of those NGOs that we fund to attend the pre-
session and session;
• requesting visa invitation letters from the Committee Secretariat on behalf of all participants
that require them and providing letters of support from Child Rights Connect to the relevant
Embassy or Consulate;
• briefing NGOs, NHRIs and children prior to the pre-session and session;
• facilitating the participation of NGOs, NHRIs and children in the pre-session and session.

STEP 4: LIST OF ISSUES

The List of Issues is a document adopted by the Committee: it is a list of questions that will be sent
to the State about one week after the pre-session. The State must reply in writing by the deadline
indicated in the document.
The questions generally seek to clarify factual issues such as data and legislation. If there has been
substantial delay between the submission of the report and the review, the Committee may request
updated data and information on new developments.

The List of Issues is composed of three sections:

1. The first section requests that States respond to questions on the implementation of the
CRC;
2. The second section requests that States update their reports in terms of new bills or laws,
and their respective regulations; new institutions (and their mandates) or institutional
reforms; recently introduced policies, programmes and action plans and their scope and
financing; and recent ratifications of human rights instruments;
3. The final section asks the State to provide data and statistics, especially disaggregated
statistics, which may be missing or incomplete.

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 STEP 5: SUBMISSION OF THE STATE WRITTEN REPLIES

The Written Replies of the government are official documents made public and published on the
website of the Committee. If there is something of particular importance that has not already been
raised in the alternative report or during the pre-session meeting, NGOs and NHRIs may prepare
brief comments on the List of Issues and submit these to the Committee.
NGOs and NHRIs are advised to formulate their written responses to the List of Issues after the
State’s Written Replies have been sent in, if possible, so that they can provide an analysis or any
missing information.
Between the pre-session and the plenary session
The time between the two events is useful for NGOs and government to prepare themselves for the
session. During this relevant period of time, NGOs and NHRIs can carry out the following activities:

• emphasize with relevant Ministries the importance of sending a high-level delegation;

• identify in advance key government departments and institutions as well as officials
responsible for implementing the Concluding Observations as they may differ from those
who will be attending the plenary session;
• meet to discuss the upcoming plenary session, as well as dissemination and follow-up
strategies for the Concluding Observations;
• organize a public event, such as a press conference, to raise public awareness about the
upcoming State review;
• raise awareness among all levels of government, as well as civil society and the public about
the live webcast of the meeting;
• ensure that the media has access to the State party report and, if appropriate, the alternative
reports, and encourage on-going media coverage of the meeting with the Committee;
• discuss the composition of an NGO, child and NHRI delegation who will attend the plenary
session as observers;
• submit additional information to the Committee.

STEP 6: PLENARY SESSION

The Plenary session for the CRC periodic reports is divided into two halves (1st and 2nd round) with
an extended break either overnight or during the two-hour lunch period depending on how the
meetings are scheduled. Differently from the pre-session, the plenary session is publicy and NGOs
and the media are allowed to participate to the session and, indeed, are encouraged to be present.
The government delegation is invited to make a short opening statement at the beginning of the
review, which is followed by a series of questions posed by the Country Taskforce.
The Chair of the Committee will announce breaks during the sessions to allow time for the
government delegation to organize its replies to the questions. This can be done according to
themes and the delegation can respond to the Committee’s questions and concerns in any order.

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 STEP 7: CONCLUDING OBSERVATIONS
This is the outcome document of the reporting process. The Concluding Observations is a public
document drafted by the Committee on the Rights of the Child. Following the thematic structure of
the state report, the Committee first highlights positive aspects, then goes on to outline its concerns
and its recommendations for the implementation of the CRC. The final paragraph of the Concluding
Observations sets the date for the next periodic report.
→ 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.
All the documents of the UN Committee including the Concluding Observations are available on the
website: Treaty Body Data Base.

STEP 8: FOLLOW-UP TO THE CONCLUDING OBSERVATIONS

With the Concluding Observations the process doesn’t end. After the CO there is an important
phase, calling to consideration the advocacy work, mainly done by the NGOs. Some examples of
activities that NGOs can undertake include:
o promote the ratification of the CRC and OPs;
o advocate for the review and withdrawal of all reservations to the CRC and the OPs, where
relevant;
o conduct awareness-raising activities, public campaigns and training programmes;
o support children in carrying out their own follow-up activities as part of on-going child
participation in advocacy at national level;
o approach UNICEF to discuss inclusion of the Concluding Observations and recommendations
in their advocacy and programmes activities;
o examine existing and draft legislation for compliance with the CRC and the OPs;
o conduct a budget analysis at all levels of government to determine how much is being
directly or indirectly allocated to implement children’s rights;
o conduct studies on issues of concern, especially if they are neglected or emerging issues;
o produce regular reports on the situation of children;
o use the media to gauge public opinion and encourage awareness of children’s rights; and
o form thematic groups of NGOs, for example within a coalition, which could focus on
particular sets of the Committee’s recommendations.

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60
61
Strengths and weaknesses of the Reporting process
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;
✓ It highlights, in an international forum, the situation of child rights in the State Party – it
therefore carries significant political and moral weight;
✓ It requires a detailed child rights situational analysis by the Government, NGOs and children.
Weaknesses
✓ The Concluding Observations are not legally binding and therefore may be seen as “lacking
teeth”;
✓ Due to lack of in-country expertise Committee sometimes asks questions and makes
suggestions that are not appropriate for certain country situations. Civil society participation
can help to address this;
✓ The Committee is dependent entirely upon external information, including disaggregated
data, which are often not available. It has no mandate to conduct fact-finding missions;
✓ The Concluding Observations are often seen as being rather vague, using phrases such as
“make every effort to” and “take steps to address” without specifying what those efforts or
those steps might entail. Over the years, however, many recommendations have become
more detailed, with specific measures or reforms being set out.

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The impact of Multi-level Governance
The legal and political impact of the CRC encompasses institutional and procedural developments
as well as instances of substantive change in law and policy. The conversations generated by the
CRC system have produced a wealth of opinion, guidance and commentary in the form of General
Comments and reports as well as Concluding Observations on individual State Party reports.
This jurisprudence of the CRC has become a resource for member states at different level.

o States Parties can draw it, for example by means of litigation, audit and inspection or
incorporation in designs for policy development;

o At EU level it has acquired an increased profile and influence on EU law and policy (see for
ex. The EU Commission’s 2006 Communication Towards an EU Strategy on the Rights of the
Child (COM/2006/0367 final); In Africa comprehensive re-statement of the rights of the child
in the African Charter on the Rights and Welfare of the Child.

o At regional level. Both the European and African developments represent a transformation
of the law of the CRC within the law and institutions of a regional treaty system, opening up
yet further channels of communication and influence. The impact may also be differentially
absorbed within States Parties in those cases where competence in CRC-relevant fields is
allocated to internal levels such as regions or provinces. In many cases responsibility for
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 social welfare, health, education and other areas of obvious importance to CRC
implementation is allocated to internal regions, whilst overall responsibility for compliance
remains at the State Party level.

If multi-level governance is on an ascendant trajectory, this issue will merit closer and comparative
study as part of ongoing assessment of progress in CRC implementation in the years ahead.

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 02/04/2020

SUSTAINABLE DEVELOPMENT GOALS AND THE CRC – Elena Avenati and Arianna Saulini

“The new agenda is a promise by leaders to all people everywhere. It is an agenda for people to
end poverty in all its forms – an agenda for the planet, our common home”
Ban Ki-moon, September 2015
The SDGs is a Plan of Action for changing the world and recognize that ending poverty and other
deprivations must go hand-in-hand with strategies that improve health and education, reduce
inequality, and spur economic growth – all while tackling climate change and working to preserve
our oceans and forests. The adoption of the 2030 Agenda is a landmark achievement, providing for
a shared global vision towards sustainable development for all.
At the heart there are 17 SDGs, which are an urgent call for action by all countries, developed and
developing in a global partnership.

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Main differences with MDGs
In the preamble of the document “Transforming Our World: the 2030 Agenda for Sustainable
Development”, launched in 2015, there can be found 5Ps as below. The SDGs is an Agenda for
People, Planet, Prosperity, Peace, Partnership. The Agenda recognizes that eradicating poverty, in
all its forms and dimensions, is an indispensable requirement for sustainable development.

SDGs are more ambitious and broader, with integrated approach;

New goals and target on critical issues for children, such as combating child poverty, reducing
inequality and protecting children from violence, exploitation and abuse;
Sharper focus on environment, sustainable consumption and production, inclusive economic
growth, urbanization and migration which affect children directly and indirectly.
Which is the story behind the 2030 Agenda?
Member states adopted the Millennium Declaration at the Millennium Summit in September 2000.
The summit led to the elaboration of 8 millennium development goals to reduce extreme poverty
by 2015.
In 2012, at the UN Conference on Sustainable Development, it has been launched the process to
develop a set of SDGs to build upon the MDGs and to establish the UN High-level Political Forum on
Sustainable Development.
The 2030 Agenda was adopted in September 2015.
Finally, on 24 and 25 September 2019, Heads of States and governments gathered at the UN
headquarter in NY to follow-up and comprehensively review progress and implementation of the
Agenda and its 17 goals.

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High-Level Political Forum
It is the main United Nations platform on sustainable development. It has a central role in the follow-
up and review of the 2030 Agenda and its goals at global level.
The Forum is mandated to provide political leadership in guidance, to address new emerging
sustainable development challenges and to enhance the integration of the economic and socio-
environmental dimension of sustainable development.
The High-level Political Forum plays a key role in monitoring, review and implementation of the 2030
Agenda. Indeed, as part of its follow-up and review mechanism, the 2030 Agenda encourages
member states to conduct regular and inclusive reviews of progress at national and sub-national
level. These national reviews are expected to serve as a basis for the regular reviews.

→ 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 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.
Are we on track?
Progress (examples):
o Extreme poverty and child mortality rates continue to fall
o Progress is being made against diseases
o Certain targets regarding gender equality are seeing progress
o Electricity access in the poorest countries has begun to increase.
o Globally, labour productivity has increased and unemployment is back to pre-financial crisis
levels.
o The proportion of the urban population living in slums is falling.
Concerns (examples):
o the extreme poverty rate is projected to be 6 per cent in 2030
o hunger is on the rise for the third consecutive year
o 1 million species already facing extinction
o gender inequalities persist
o the required level of sustainable development financing is not available
o institutions do not respond adequately to the cross-border challenges

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Children in the 2030 Agenda
Children are central to the 2030 Agenda In total, 95 of the targets are either directly (48) or indirectly
(47) connected to children.
Opportunities for children in the SDGs:
▪ Equity: “leave no one behind”
▪ Child rights
▪ Investing in children
▪ Children as a change agent
▪ Child protection issues
▪ Participation and inclusion
▪ Use and disaggregation of data
▪ Universally applicable to all children, everywhere
The preamble of the Declaration calls to “invest on children”, because children are positive agents
of change. Another highlights of SDGs from a child perspective is the fact that now there is a focus
on national strategies and enabling international environment ensuring “no one left behind”. It’s
also fundamental to remember the importance of follow-up and review at global level: with the
national and regional review mechanism is given context to potential dimensions of inequalities.
SDGs and the CRC
The Convention on the Rights of the Child and the Sustainable Development Goals go hand in hand:
we cannot achieve the SDGs without realising the rights of all children, nor viceversa.
The connection between the CRC and the Goals is a close one: many of the SDG targets are directly
related to the Convention.
The SDGs must be injected with a greater sense of urgency: investing now in children’s rights
represents one of development’s ‘best buys’, with the potential to break the inter-generational
cycle of poverty, and lay the foundations for a fairer, more prosperous, and sustainable future.
What is needed now is a second revolution, in which the rights of every child – whoever they are,
and wherever they live – are fulfilled.
Child - Focused sustainable Develoment
The following points are related to a recent article published by K. Arts (studying material): she tried
to summarize why children are so important in terms of implementation of SDGs.
1) Numerical significance
Children between the ages of 0 and 18 make up about one third of the present world population.
This amounts to well over 2.4 billion children, on a total world population of 7.4 billion people.
(United States Census Bureau 2017).
2) They relate to both the present and the future
This was expressed in what probably is the most quoted definition of the term sustainable
development (in the 1987 Brundtland Report on Environment and Development), referring to
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development that “meets the needs of the present without compromising the ability of future
generations to meet their own needs” (World Commission on Environment and Development 1987).
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 are 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. Proportionate to their size,
children take in more food, water, and air than adults do. They also display certain child-specific
behavior (such as playing outdoors or putting hands and objects into their mouths). These factors
make them especially vulnerable to environmental threats and pollutants (World Health
Organization 2017).
4) The imperative of working on sustainable development in a child-focused manner 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, among other things, 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.
Emerging issues likely to affect inclusiveness and equality of children at various levels
1. Environmental issues
A number of emerging environmental issues such as the increasing negative impacts of global
climate change and certain environmental chemicals expose children to environmental health risks.
For instance, according to the World Health Organization, 93% of children live in environments
where air pollution exceeds maximum guidelines. An estimate 1.7 million children under the age of
five die prematurely from modifiable environmental conditions each year, 12 million children in
developing countries suffer permanent brain damage due to lead poisoning, and 85 million children
are forced to work in hazardous conditions, which includes unhealthy environments.

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2. Changing nature of armed conflicts
Recurrent and escalating violent conflicts continue to result in serious violations of children’s rights,
including killing and injuring, recruitment, abduction, sexual violence and abuse, denial of access to
health and educational services and humanitarian assistance. Armed conflicts impede children’s
enjoyment of their rights to life, survival and development, food, water and sanitation, education,
adequate housing, freedom from exploitation, information, an adequate standard of living, and
other rights.
3. Increasing global economic inequalities
Economic crises exacerbate persistent inequalities and exclusion faced by children. General
comment No. 19 on public budgeting for the realization of children’s rights that in times of economic
crisis, regressive measures may only be considered after assessing all other options and ensuring
that children are the last to be affected, especially children in vulnerable situations. However, many
States continue taking regressive measures in times of economic crises, including implementing
austerity measures, which have a negative impact on families, significantly increasing the risk of
children being exposed to poverty and affecting the enjoyment of many of the rights protected by
the Convention, including the rights to health, education and social protection.

Resolution adopted by the Human Rights Council on 24 March 2017

Rights of the child: protection of the rights of the child in the implementation of the 2030
Agenda for Sustainable Development

The UN Human Rights Council Resolution calls clearly upon States “to promote, protect, respect and
fulfil the rights of the child and to mainstream them into all legislation, policies, programmes and
budgets, as appropriate, aimed at implementing the 2030 Agenda.”
The Council also encouraged States more specifically “to promote a child rights-based approach in
the implementation of the 2030 Agenda”.
“Emphasizes the importance of children’s rights as an integral part of sustainable development
strategies, and urges States to integrate a child rights perspective into their respective national
development frameworks, taking into account those in the most marginalized and vulnerable
situations, to ensure that no child is left behind and that those furthest behind are reached first”.

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Goal 1: End poverty in all its forms everywhere
End child poverty and achieve universal access to basic services and social protection. This includes,
of course, child poverty: current profiles show that child poverty is higher compared with that of
adults for each global poverty measures. Childhood is a sensitive part of life, which means that
children passing this part of their life in poverty will experience consequences for the rest of their
lives.
This is why preventing and working on child poverty is so important. In the graphic below, the blue
point is the one that indicates the tax of poverty for the adults. The child poverty is higher in almost
every single state:

Contribution to the 2030 Agenda for Sustainable Development in response to a call for inputs by the
High-Level Political Forum on Sustainable Development (HLPF) - 15 March 2019:
“The Committee10 acknowledges the inextricable linkage between inclusive, equitable and
sustainable development and the realisation of children’s rights. Development can constitute an
enabler for children’s enjoyment of their rights by providing them with a safe and healthy
environment. Integrating a child rights perspective and ensuring the participation of children as
active agents of change in decisions relating to development is crucial for achieving inclusive,
equitable and sustainable development.
The Committee provides its observations, based on its jurisprudence, on some of the progress, gaps,
areas requiring urgent attention, risks and challenges in achieving the SDGs that are under focus in
the July 2019 High Level Political Forum (HLPF).”

10
Committee on the Rights of the Child.
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Goal 4: ensure inclusive and equitable quality education and promote lifelong learning
opportunities for all
Key target elements
4.1 access to quality education and effective learning for all
4.2 access to quality early childhood development, care and pre-primary education
4.5 eliminate gender disparities in education
4.7 ensure that all learners acquire the knowledge and skills needed to promote sustainable
development and human rights
Education
At 2018 an estimated 617 million children and adolescents of primary and lower secondary school
age worldwide—58 per cent of that age group—are not achieving minimum proficiency in reading
and mathematics
Early childhood development (ECD)
Is the most rapid period of development in a human life and forms the foundation for future well-
being and learning. ECD is multidimensional and refers to several aspects of a child’s well-being:
physical, social, emotional and cognitive.
Economic analyses have found that investing in the early years yields some of the highest rates of
return to families, societies and countries.
At the global level, the participation rate in early childhood and primary education was 70 per cent
in 2016, up from 63 per cent in 2010. The lowest rates are found in sub-Saharan Africa (41 per cent)
and Northern Africa and Western Asia (52 per cent).
SDG 4.1 – Quality education: the Committee has identified the following as the main gaps
undermining access to quality education:
✓ poverty
✓ discrimination
✓ armed violence and emergencies
✓ 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

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 ✓ 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).

Goal 8: promote sustained, inclusive and sustainable economic growth, full and productive
employment and decent work for all
Key target element 8.7: end child labour
Worldwide 218 million children between 5 and 17 years are in employment.
Among them, 152 million are victims of child labour. Almost half of them, 73 million, work in
hazardous child labour.
In absolute terms, almost half of child labour (72.1 million) is to be found in Africa; 62.1 million in
the Asia and the Pacific; 10.7 million in the Americas; 1.2 million in the Arab States and 5.5 million
in Europe and Central Asia.
Almost half of all 152 million children victims of child labour are aged 5-11 years.
42 million (28%) are 12-14 years old; and 37 million (24%) are 15-17 years old. Among 152 million
children in child labour, 88 million are boys and 64 million are girls.

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.

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Goal 10: reduce inequality within and among countries
Key target elements
10.2 empowerment, social, economic and political inclusion
10.3 equal opportunities and outcomes; non-discrimination
10.4 fiscal/wage and social protection policies
10.7 child rights in situations of migration
Inequality affects children most directly in the form of unequal access to essential goods and
services, which are the foundation of their rights, including to food, water, health, education, and
the right to an adequate standard of living. Equal access to services and opportunities for children
is also a crucial building block for fulfilling the SDGs overall. Early interventions and investment in
children are a particularly powerful tool to reduce inequalities by breaking cycles of
intergenerational poverty.

The Committee has expressed its concern to almost all States parties under its review that slow or
no progress in reducing the equity gaps in countries continue depriving children from enjoying their
rights under the Convention without discrimination.
This disproportionately affects children including in disadvantaged or vulnerable situations; with
disabilities; in street situations; living in rural or marginalized urban areas: migrant, asylum-seeking
and internally displaced children; from minority groups; living in alternative care; living with or
affected by HIV/AIDS; and children in conflict with the law. As a consequence of the insufficient
measures that take into account the specific needs of children, children are often left behind.
Although more wealth is being produced than ever before in human history, the accumulation of
wealth is increasingly concentrated among a privileged small group, while hundreds of millions of
people, in particular children, suffer from lack of access to food, education, health care, social
security, adequate housing, water, sanitation and a minimum standard of living.
The Committee expressed its concern on many occasions that this is jeopardising progress in
children’s access to their rights, in particular rights to life, survival and development, health, food,
water and sanitation, adequate housing, education, freedom from economic exploitation, and an
adequate standard of living; disproportionately affecting children in disadvantaged or vulnerable
situations.

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Goal 13: take urgent actions to combat climate change and its impacts
Key target elements
13.1 resilience and adaptive capacity to climate related hazards / disasters
13.2 integrate climate change measures in national policies /planning
13.3 improve education, awareness and capacity on climate change
The year 2017 was one of the three warmest on record and was 1.1 degrees Celsius above the pre-
industrial period. An analysis by the World Meteorological Organization shows that the five-year
average global temperature from 2013 to 2017 was also the highest on record. This calls for urgent
and accelerated action by countries as they implement their commitments to the Paris Agreement
on Climate Change.
• As of 9 April 2018, 175 Parties had ratified the Paris Agreement and 168 Parties (167
countries plus the European Commission) had communicated their first nationally
determined contributions to the United Nations Framework Convention on Climate Change
Secretariat.
• In addition, as of 9 April 2018, 10 developing countries had successfully completed and
submitted the first iteration of their national adaptation plans for responding to climate
change.
• Developed country Parties continue to make progress towards the goal of jointly mobilizing
$100 billion annually by 2020 to address the needs of developing countries in the context of
meaningful mitigation actions.

The global climate change disproportionately affects children. They are particularly vulnerable to
extreme climate-related events, economic, social and environmental shocks and disasters. Their
enjoyment of rights to a healthy and safe environment, life, survival and development, health, food,
water and sanitation, social protection, an adequate standard of living, education, and non-
discrimination are increasingly hindered by the detrimental effects of climate change, including
water scarcity, undernourishment, and significant increase in frequency and intensity of hurricanes
and tropical storms, leading to flooding and erosion.
According to UNICEF, approximately 175 million children a year will be affected by climate-related
disasters over the next decade, that 37.5 to 125 million additional African children will be subjected
to water scarcity in the next two decades, and that an estimated 25 million more children will be
undernourished as a result of climate change by 2050.
Such conditions may in particular obstruct developing countries to fulfil their legal obligations under
the Convention.

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Goal 16: promote peaceful and inclusive societies for sustainable development, provide access to
justice for all and build effective, accountable and inclusive institutions at all levels

 Violence against children

Violence against children takes many forms, including physical, sexual and emotional abuse. It can
occur in many settings, such as the home, school, community and over the Internet, and can be
perpetrated by both adults – family members, teachers, neighbours and strangers – and also by
other children.
Nearly 8 in 10 children aged 1 to 14 years were subjected to some form of psychological aggression
and/or physical punishment on a regular basis at home in 81 countries (primarily developing),
according to available data from 2005 to 2017.

 Birth registration
A name and nationality is every child’s right. Birth registration is defined as “the continuous,
permanent and universal recording, within the civil registry, of the occurrence and characteristics of
births in accordance with the legal requirements of a country and is the first step in securing
children’s recognition before the law, safeguarding their rights and ensuring that any violation of
these rights does not go unnoticed”. Making sure that every child is registered is also an essential
part of a functioning system of vital statistics, which is crucial for sound economic and social
planning. Globally, 73 per cent of children under 5 have had their births registered; the proportion
is less than half (46 per cent) in sub-Saharan Africa.

The inclusion of a specific target (SDG 16.2) to end all forms of violence against children gives a
momentum towards the realization of the right of every child to live free from fear, neglect,
maltreatment, exploitation and abuse, including sexual abuse.
The Committee notes with concern that children continue to experience physical, sexual, emotional
or multiple types of violence globally, including at home, school, and various other settings, as well
as in situations of armed conflicts, street situations, tourism, institutional care, displacement and
migration.
Statistics and data in this regard show that violence continues to affect children’s life worldwide;
World Health Organization one billion children globally experience some form of violence every
year and one child dies as a result of violence every five minutes.
More than 200 million girls and women alive today have undergone female genital mutilation and
3 million girls are at risk of undergoing female genital mutilation every year.
Corporal punishment continues to be widely accepted as a means of disciplining children in the
home as well as schools and institutions in many countries.

76
Goal 17: strengthen the means of implementation and revitalize the global partnership for
sustainable development
Goal 17 seeks to strengthen global partnerships to support and achieve the ambitious targets of the
2030 Agenda, bringing together national governments, the international community, civil society,
the private sector and other actors. Despite advances in certain areas, more needs to be done to
accelerate progress. All stakeholders will have to refocus and intensify their efforts on areas where
progress has been slow.
Multi-stakeholder partnerships for implementing and monitoring SDGs (target 17.16) should be
based upon and report on their alignment with the Guiding Principles on Business and Human
Rights, the Children’s Rights and Business Principles and general comment No.16 (2013 of the
Committee on the Rights of the Child on State Obligations regarding the impact of the business
sector on children’s rights).
The Convention recognizes in its Preamble “the importance of international co-operation for
improving the living conditions of children in every country, in particular in the developing
countries”. The Committee views that multi-stakeholder partnerships at global, regional and
national levels, that involve public and private actors as well as civil society, are key to achieving
inclusive, equitable and sustainable development that respects, protects and fulfils the rights of the
child.
-----------------------------------------------------------------------------------------------------------------------------------
Children’s rights – the ultimate definition of sustainability

→ Why Child rights matter to companies?

Children’s rights are an essential investment in a sustainable future. Safeguarding these rights helps
build the strong, well-educated communities that are vital to creating stable, inclusive and
productive societies.
Companies influence and reach children. Everyday business activities impact children on a massive
scale. Companies influence children in the workplace, the marketplace and in the community.
Respecting and supporting children’s right is a vital part of aligning business activity to help reach
the SDGs.
The Children’s Rights and Business Principles

• Launched in 2012, and developed by Save the Children together with UN Global Compact
and UNICEF
• The Children’s Rights and Business Principles are a set of guidelines putting children’s rights
on the map of corporate sustainability
• The principles cover all aspects of sustainability and the value chain – in the workplace, the
marketplace, the community, and the environment.
The purpose of the guidelines is to help companies, big and small, to analyze their core businesses
through a child-right lens, to find ways to improve the lives of children.

77
SDGs, Corporate Responsibility and Children’s Rights
Children at the heart of sustainability

There is no sustainability without Human Rights – without equal opportunity and equal access to
the resources we can use, we do not have sustainable development.
Children should be considered a key stakeholder for building the sustainable future that they will
be part of – a human rights agenda without children’s rights is not a sustainable agenda.
Children are at the heart of sustainability, and The Children’s Rights and Business Principles is a
natural part in the company’s work to deliver to the Sustainable Development Goals and meet the
challenges and opportunities of the future.

78
 06/04/2020

A CHILD CENTERED APPROACH TO EMERGENCIES- Federico Cellini

A right based approach
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.
Dilemma – Protection vs Participation
Protection and Participation are the two main principles that guide the SC work, but unfortunately
the right proportion between those two doesn’t exist: SC constantly works trying to figure out the
best proportion between them, and the perfect mix to be included in SC action.
A wider humanitarian context
Common trends at the global level are:

• 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 in a high income and middle income context are that:

• 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
Italian emergency response structure

National Civil Protection Department

Regional and Local Civil Protection

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 Civil Protection Nation Associations

The Italian emergency response structure is divided into three layer:

1. the national level is on the top;
2. below there are the regional levels, which coordinate each Italian region;
3. below there are the local levels, in which all the national associations of the civil protection
system delivery the response on the ground.
Those three layers can be separately activated, starting from the bottom and based on the scale of
the emergency. If an emergency occurs at a low scale level, the local capacity can be enough and
only the local level is activated to provide response. Vice versa, if the scale of emergency is higher,
they can ask the support and activation of the regional level. In case of declaration of national
emergency state, everything goes on top, to the National Civil Protection Department, who is the
government of the all response in the geographical area hitted by the emergency
Save the Children Italy emergency response
With the intent to be part of that national response system, SC developed these three as the main
objectives of its work in terms of preparedness and response action:
✓ 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.
To be part of the wider emergency response system, SC Italy has signed an agreement with the
National Civil Protection Department since 2012, an agreement with the regional Civil Protection
and agreements with all the relevant National Associations that provide services and support
services for children at all level (medical, psychological, social etc… ).
Save the Children Italy responses summary
National Emergencies
• 2009 – Abruzzo Earthquake
• 2012 - Emilia Romagna Earthquake
• 2013 – Sardinia Floods
• 2016 – Central Italy Earthquake
• 2020 – COVID-19
Local Emergencies and Children on the Move support
• 2012 - Brindisi Bomb Attack
• 2013 – Children on the Move support Lampedusa
• 2014 – Children on the Move support Milan Central Station
• 2015 – Children on the Move support Sicily, Rome and Milan
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Phases and intervention activities in the Emergency Responses
When an emergency hits Italy, SC activates the response system, divided into three levels:

Desk assessment Remote monitoring from HQ

Field assessment The Emergency Team (operations manager, logistic and thematic
TA) conducts a field evaluation based on the needs assessment

Direct intervention StC National Roster activation, National Partners activation based
on the preliminary response plan

Child friendly space (CFS)

In case of direct intervention and support, SC starts with its trademark, the child friendly space.
Those spaces are run by a National Roster professional, identified and trained on a yearly base. At
the moment SC have the capacity of 90 people ready to be alerted and send on the field in maximum
24 hours.
These spaces are not a specific module to be implemented, rather are an approach that can be
implemented everywhere. Normally, the CFSs could be tends that SC provide directly to the team
on the field, temporary structures provided by the Civil Protection system, mobile-CFS (a van) or
structures like hotels where the population will be hosted after an emergency.
Back to school activities and training for teachers
After the first phase of CFS delivered at the very beginning of the emergency, SC focus the
intervention to the back to school activities for children and teachers, trying to give them tools and
approaches to be used in a very delicate phase of emotions and stress for children after an
emergency.
PFA - Psychological First Ais
The staff sent on the ground to respond an emergency situation is trained on PFA at different levels,
in order to address this approach to any specific context and targeting any specific group of people
affected. It is an evidence-informed modular approach for assisting people in the immediate
aftermath of disaster and terrorism to reduce initial distress and to foster short and long-term
adaptive functioning.
It was used by non-mental health experts, such as responders and volunteers. Other characteristics
include non-intrusive pragmatic care and assessing needs. PFA does not necessarily involve
discussion of the traumatic event.
Identifying specific needs and targeting different groups (children, parents, other care givers etc.)
Save the Children designs workshop, meetings or activities adapting the PFA approach to any
specific context.

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Temporary building constructions
In 2016, after the central Italy earthquake emergency, after the CFSs phase and the back to school
activity and training on PFA, SC has been asked to support the national system, providing temporary
building constructions. SC created a youth center in Amatrice (epicenter of the earthquake),
supporting different communities with temporary school buildings to guarantee aggregative spaces
and safe structure for schools in the affected areas.
Summary of research and observations
The one below is a schematic summary that SC conducted with the help of the Centro di Ateneo per
i Diritti Umani, in order to highlight the main objectives to be addressed in a child centered approach
response, in a scenario like the central Italy earthquake.
General Aspects Schools
✓ ensure open inter-institutional ✓ monitor the safety and adequacy of
coordination buildings
✓ ensure an organic information system ✓ back to school activities
✓ ensure the right to be listened and to ✓ ensure caregivers constant presence
participate
✓ provide specific trainings to all
emergency staff
✓ investing in prevention
✓ ensuring a "global" reconstruction

Routine Care and protection interventions

✓ ensure Child Friendly Spaces
✓ reactivation of aggregative spaces and
recreational activities
✓ promote peer relationships
✓ respond to "new" situations of distress
and fragility
✓ ensure continuity of care interventions
✓ attention to the vulnerabilities of
children and adolescents

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.
https://www.savethechildren.it/cosa-facciamo/pubblicazioni/dalla-parte-dei-bambini

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10 Main Actions to be integrated into Municipality Emergency Plans or Regional Guidelines

ACTION 1 Mapping of services dedicated to children and adolescents and provision of a

coordinator dedicated to minors during emergency response
ACTION 2 Ensure Education in Emergency
ACTION 3 Coordination of civil protection volunteering and associations working for
children: a municipal mapping of organizations
ACTION 4 Setting up of Child Friendly Spaces based on international logistic standards
ACTION 5 Protection of children during the emergency: code of conduct and institutional
controls
ACTION 6 Ensure psychosocial support
ACTION 7 Establish and guarantee health measures dedicated to children during
emergencies
ACTION 8 Meetings with Civil Protection experts for teachers, parents and students to
inform about the emergency
ACTION 9 Know the risks on the territory and the civil protection at school
ACTION 10 "Living the Municipal Plans" with the participation of children

ACTION 2: Ensure Education in Emergency

o 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

o At international level, during conflict or disaster education can help protect children from
death or bodily harm
− 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.

o Education is still viewed as secondary compered to food, water and shelter

o Interagency Network for Education in Emergencies (INEE) developed minimum standards for
education in emergencies

o Education is included in the international humanitarian response system through the Global
Education Cluster lead by UNICEF and Save the Children
What SC asked to the institutions is a 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; to

83
avoid to use schools as centers for rescue coordination or shelter for the population; the same
applies to the sports centers and aggregation activities; to foreseen alternative solutions to reduce
interruption of school activities.

ACTION 5: Protection of children during the emergency: code of conduct and institutional
controls

o 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

o Art. 4 CRC – the governments have to guarantee that children rights are protected

o Art. 19 CRC – right to be protected from harm and mistreatment

o Physical – actual or potential physical harm

o Sexual – involvement of child in sexual activity

o Emotional/ psychological – failure to provide supportive environment and/or actions that

harm development. It may include: humiliating and degrading treatment (e.g. name-calling,
constant criticism, belittling, confinement and limiting social interaction), witnessed
violence, discrimination

o Neglect - chronic inattention to needs

o 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)
What SC asked to the institutions is to ensure child protection and protection standards; training for
organizations which work with children during emergency to reduce the risk abuse and to intervene
adequately to protect them; staff and volunteers working with children should subscribe a code of
conduct; forecasting of a system for monitoring and reporting of the risks of maltreatment on
children and adolescents, an institutional supervision in the Child-friendly Spaces and more
generally on safeguarding the rights children during the emergency (Institutional coordinator for
children in emergency).

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Code of conduct
It is a set of rules and behaviours that the staff and partners must follow while working with children
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
Alongside the code of conduct, SC have a reporting mechanism to deal with suspected cases of
abuse, mistreat or violence against children.
What to report Concern, suspicion or certainty of maltreatment or abuse of children or
breach of the Code of Conduct

When to report As soon as possible (confidentially, by telephone, in person or in writing

using the Report Form) and in any case within 24 hours

To whom? To the team leader

What will The Team Leader will form a case management team strictly on a need
happen? to know basis, that will act upon the information in its possession or
arrange for an internal investigation

Possible Mitigation Disciplinary action Case reported to the judicial

outcomes of the concerns after receiving authorities, law enforcement
authorization agencies and social services.
from the The safety needs of the victim
Management and suspect are met

Participation
Art. 12 CRC
“children have the right to participate in decisions that affect them”
Children are severely and disproportionately affected in disasters and therefore should be active
participants in the governance of and decisions related to disaster management.
Some benefits for children:

• they gain political and social knowledge and awareness of their rights and responsibilities
• child participation leads to the fulfilment of other right

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 • children learn how to be active and responsible citizens
Some benefits for adults:

• adults find out directly from children about the issues that affect them, rather than guessing
what they thinka
• adults are motivated by being more directly accountable to children and by the need for
children’s rights to be met
• children offer creative ideas and suggestions and a fresh perspective
• working with children is fun, energizing and multi-dimensional.

ACTION 9: Know the risks on the territory and the civil protection at school
What SC asked to the institutions is
o Annual meetings in schools between civil protection experts and teachers, parents and
students about the risks present in the territory, the precautions and the correct behaviors
to be adopted in case of emergency

o Coordinate the many initiatives already promoted at the regional level, such as campaigns
to raise awareness of the Civil Protection culture, with those implemented at the municipal
level, so that all children and adolescents have access to this information

o The role of the individual Civil Protection Volunteer Organizations is important, which can
promote and inform local educational institutions of individual initiatives and engage in
annual training

o Periodical evacuation drills in schools as an opportunity to know the Municipal Emergency

Plans

ACTION 10: "Living the Municipal Plans" with the participation of children

o Active participation of children before, during and after an emergency:

− involvement of children in planning
− updating and dissemination of the emergency plans
− consultations during the reconstruction phase

o Field Visits aimed at understanding the risks and secure areas, the prevention and alarm
systems, and the structure of the Civil Protection

o Awareness and Risk Reduction Days, organized at national, regional and local levels, could
be organized within the same civil protection emergency areas to promote their knowledge

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Comprehensive Schools Safety Framework 11
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 sustainably.

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

11
To read the law proposal in: http://documenti.camera.it/leg18/pdl/pdf/leg.18.pdl.camera.2214.18PDL0081980.pdf
87
PILLAR 1: 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).

ACTION 1: MEMBER OF THE NATIONAL OBSERVATORY

FOR SCHOOL BUILDING PROMOTED BY THE MINISTRY
OF EDUCATION
Objective: strategic planning and policies
development for school buildings.

ACTION 2 - PETITION: ANTI SIESMIC SCHOOLS FOR ALL

CHILDREN
1. anti siesmis schools for all children in the
most vulnerable areas first
2. vulnerability certifications for all schools
and multi hazards assessments
3. DRR trainigs for all students and school
personnel

ACTION 3: LAW ON SCHOOL SECURITY

• the right of families, teacher, non-
teaching staff and students to full
information about school safety
procedures and building conditions
• civic participation in school security
actions
• permanent technical support body for
local authorities
• clear definition of the responsibilities
about school safety of the competent
institutions
• unification of school security funds
• culture of prevention as a training
objective
• support for children and adolescent
involved in emergencies and free legal aid

PILLAR 2: 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,

88
infrastructural, environmental and social risks, and by developing response capacity and planning
for educational continuity.
PILLAR 3: 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.
Quick overview of COVID-19 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 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. Until April 8th, the network managed to directly
support 22,692 beneficiaries with a constantly increasing number.

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 09/04/2020

A CHILD CENTERED APPROACH TO EMERGENCIES – Gianluca Ranzato

Section 1 -> International humanitarian response – A child rights perspective

Section 2 -> Focus on the 6 grave violations

Section 3 -> Humanitarian challenges and a look at key humanitarian trends in 2020

1. INTERNATIONAL HUMANITARIAN RESPONSE – A CHILD RIGHTS PERSPECTIVE

International Humanitarian Law is at the base of the work that SC do in providing aid and intervening
in crisis contexts; at the same time, it is designed and taught to allow for humanitarian intervention,
to regulate it and to create that legal framework in which humanitarian practitioners move and act.
The provision of humanitarian assistance takes place in a variety of settings – under occupation, in
international and internal armed conflicts, and in the event of natural or man-made disasters.
International legal frameworks for humanitarian action not only provide guidance on how to
address such situations but can also serve as powerful tools in advocating for, and achieving, the
protection of affected civilian populations.
International humanitarian law (IHL) → governs during armed conflict.
International human rights law, international refugee law and international criminal law can
operate at the same time as IHL, combining to create a comprehensive and established legal
framework for protection and assistance.

Major international legal instruments

• The Geneva Conventions (1949) and their Additional Protocols (1977)

• The UN Convention on the Rights of the Child (CRC) 1989)
• Optional Protocol to CRC (2000)
• The Rome Statute (1998) of the International Criminal Court (ICC)
• The ILO Convention No. 182
Geneva Conventions and Additional Protocols
One of the key principles of international humanitarian law is the prohibition on intentionally
directing attacks against civilians, including children. The Fourth Geneva Convention and the
Additional Protocols regulate the evacuation of children, identification, family reunification and care
of unaccompanied children, and the treatment of detained children.
Additional Protocol I provides that “children shall be the object of special respect and shall be
protected against any form of indecent assault”. Additional Protocol II requires parties to the
conflict to provide children with the care and aid they require, including education.

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An articulate framework
International Humanitarian Law integrates itself with other legal frameworks, which specify areas
of engagement and define particular attentions (i.e. the situation of refugees). So, different areas
of international law – primarily international human rights law, international refugee law and
international criminal law – can operate at the same time as IHL, combining to create a
comprehensive legal framework for protection and assistance.

to protect persons and property/objects that

International humanitarian law → are (or may be) affected by armed conflict and
limits the rights of parties to a conflict to use
methods and means of warfare of their choice

outlines the obligations and duties of states to

International human rights law → respect, protect and fulfil human rights. It
enables individuals and groups to claim certain
behaviour or benefits from government.

individuals who have crossed an international

International refugee law → border and are at risk or victims of persecution
in their country of origin.

Overview of main legal areas

IHL IHRL Refugee Law

Example of main The Geneva Universal Declaration The Convention on the
sources Conventions and of Human Rights Protection of Refugees
Additional Protocols

Core ideas The protection of non- The right to life with Principle of non-
combatants dignity refoulement

Who has rights? Non-combatants – eg All people Refugees, but not IDPs
wounded/PWs,
combatants and
civilians

Who has Individuals and warring States (legally) but States where refugees
responsibilities? parties everyone (morally) arrive

When do they apply? Armed conflict only Most apply always; Wherever refugees exist
some are suspended
during state of
emergency

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Overview of applicability

International Humanitarian Law

 International armed conflict

IHL distinguishes between international armed conflict and non-international armed conflict. IHL
applies to conflicts arising between sovereign states (GCs common Art 2(1)) – including direct
conflict between states, and situations in which a foreign power sends troops into a territory to
support a local movement – and to situations of partial or total occupation (GCs common Art 2(2)).
Additional Protocol I extends the field of application to “armed conflicts in which peoples are fighting
against colonial domination and alien occupation and against racist regimes in the exercise of their
right of self-determination” (API, Art 1(4)).

 Non-state armed groups

Article 3 common to the GCs applies in the case of “armed conflict not of an international character”,
whether between a state and a non-state armed group or between non-state armed groups.
If …

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 • The violence must reach a certain level of intensity that distinguishes it from situations of
internal disturbances such as riots and isolated acts of violence;
• The parties (non-state armed group) involved must demonstrate a certain level of
organization.
Key provisions of International Humanitarian Law
o Principles of distinction; necessity and proportionality; humane treatment; non-
discrimination;
o Obligates an occupying power to ensure that populations’ necessities are met (e.g. food,
medical and health supplies and services);
o In other international and internal armed conflicts, relief actions ‘shall be undertaken’ but
with the consent of state parties. There is debate about whether consent is required in all
circumstances;
o Prohibits deliberate starvation of civilians as a method of warfare;
o Obligates states to ensure the respect and protection of relief workers;
o Rules on access to affected populations and delivery of humanitarian assistance in
international armed conflicts (e.g. entry of personnel, customs clearance, taxation of relief)
o Rules concerning vulnerable groups: entail both non-discrimination and positive measures.
Link between IHL and Humanitarian Principles
In the broadest sense, humanitarian principles are rooted in international humanitarian law. In a
more narrow sense, they are the principles devised to guide the work of humanitarian actors. The
evidence of this co-dependency is translated in the four principles that guide the work of all
humanitarian actors:

1. HUMANITY
2. NEUTRALITY
3. IMPARTIALITY
4. INDEPENDENCE

Humanity
Human suffering must be addressed wherever it is found. The purpose of humanitarian action is to
protect life and health and ensure respect for human beings. From this derives the so-called
“humanitarian imperative”: every human being has an inherent right to be assisted, supported and
helped if in need and the provision of the aid is a right in itself.
Neutrality
Humanitarian actors must not take sides in hostilities or engage in controversies of a political, racial,
religious or ideological nature.
Impartiality
Humanitarian action must be carried out on the basis of need alone, giving priority to the most
urgent cases of distress and making no distinctions on the basis of nationality, race, gender, religious
belief, class or political opinions.

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Independence
Humanitarian agencies must formulate and implement their own policies independently of
government policies or actions.

How is humanitarian assistance regulated under IHL?

Parties to an international armed conflict and other transit states are required to allow free passage
to medical supplies, items for religious worship, and religious goods intended for civilians of other
parties to the conflict, even if from the enemy side. Such consignments must be forwarded as quickly
as possible, subject to ‘technical arrangements’ under the control of the power permitting free
passage. Relief consignments must be ‘exempt in occupied territory from all charges, taxes or
customs duties unless these are necessary in the interests of the economy of the territory’.
Humanitarian organisations must be granted all facilities possible such that they can carry out their
humanitarian functions.
Vulnerable groups

 Mothers and children first

HIL grant to children, expectant mothers, maternity cases and nursing mothers special treatment
and protection and to give them priority in the distribution of relief consignments. Provide for free
passage of ‘essential foodstuffs, clothing and tonics intended for children under fifteen, expectant
mothers and maternity cases’ (GCIV, Art 23). Provide children with the care and aid needed, which
is a fundamental guarantee of human treatment (APII, Art 4(3)). Ensure that children under fifteen
who are orphaned or separated from their families are provided with ‘maintenance’, access to
education and the ability to exercise religion (GCIV, Art 24).
UN Convention on the Rights of the Child (CRC)
The CRC is an international law, which defines and upholds basic rights for all children in the world
up to the age of 18. It was adopted in 1989 by the UN General Assembly the CRC and has near
universal ratification.
The Optional Protocols to the CRC

 Optional Protocol on the Involvement of Children in Armed Conflict

Entered into force on 12 February 2002. This Protocol raises 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.

 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography
The Rome Statute (International Criminal Court)
Entered into force on 1st July 2002. The ICC recognizes the enlistment of children under 15 into
armed forces and their use in hostilities as a war crime. The ICC will have jurisdiction over the use
of child soldiers in both international and non-international conflicts.
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 2. FOCUS ON THE 6 GRAVE VIOLATIONS
In 1999 UNSC determined that child protection is a primary peace and security concern. The SC
identified and condemned six grave violations against the rights of children in conflict situations. It
strongly condemns the recruitment and use of child soldiers by parties to conflict and other
violations of children’s rights. Moreover:
• Requests that the Secretary-General implement a monitoring and reporting mechanism on
violations against children in armed conflict situations
• Urges member states and other parties concerned to take appropriate measures to control
the illicit trade of small arms to parties to armed conflict
Monitoring and reporting mechanism (MRM)
It is a mechanism that enhances the protection of children in armed conflict situations by collecting
timely, accurate and objective information on grave violations. The MRM aims to hold perpetrators
accountable and bring them into compliance with international child protection standards in order
to halt grave violations against children in armed conflict.

Six grave violations against children

1) Killing or maiming of children
2) Recruitment or use of children
3) Rape and other forms of sexual violence against children
4) Abduction of children
5) Attacks against schools or hospitals
6) Denial of humanitarian access to children

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ONE_Killing or maiming children
“Any action of an armed group or armed force in the context of the conflict resulting in the death
or the serious injury of a person under the age of 18”
Examples:

• Intentional targeting, no matter the type of weapon;

• Indiscriminate fire (area-based shelling, firing in highly civilian populated area, etc.);
• Landmine/ERW12/improvised explosive device/booby trap;
• Torture;
• Extra-judicial killing.

WHICH ARE THE APPLICABLE LAW?

• Geneva Conventions and its Additional Protocols
“Parties to an armed conflict must distinguish between the civilian population and
combatants, between civilian objects and military objectives and must not conduct an attack
if there is a risk of excessive damages to civilians.”

• UN Universal Declaration of Human Rights

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment”.

• UN CRC
‘’Enshrines the child’s right to life, survival and development; prohibition of torture or other
cruel, inhumane or degrading treatment”.

• African Charter on the rights and welfare of the child

“Death sentence shall not be pronounced for crimes committed by children”.

• Convention on the prohibition of the use, stockpiling, production and transfer of anti-
personnel mines and on their destruction
“[…]Determined to put an end to the suffering and casualties caused by anti-personnel
mines, that kill or maim hundreds of people every week[…] ”.

• Rome Statute
Killing and maiming of children may constitute genocide, crime against humanity and war
crime
o Principle of distinction: a crime occurs if there is an intentional attack directed against
civilians / Principle of proportionality: an attack is launched on a military objective
with the knowledge that the incidental civilian injuries would be clearly excessive in
relation to the anticipated military advantage.

12
Explosive remnants of war.
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Examples
a) On 20 March 2009, members of an armed group shot and injured two girls in Norwich village
following government forces aerial strikes conducted in the village on the same day.
b) On 25 June 2009, government forces aerial strikes caused the deaths of 12 children and
injuries too.
c) On 12 March 2010, a boy was killed by a military vehicle as it sped through his village. The
driver did not stop.

TWO_ Recruitment or use of children

Recruitment: Compulsory, forced or voluntary conscription or enlistment of children into any kind
of armed force or armed group, under the age stipulated in the international treaties applicable to
the armed force or armed group in question.
Use: the use of children by armed forces or armed groups in any capacity, including but not limited
to children used as fighters, cooks, porters, messengers, spies and collaborators.

WHICH ARE THE APPLICABLE LAW?

All these conventions prohibit the recruitment and participation of children in hostilities :

• Geneva Conventions
• UN CRC
• Optional Protocol to the CRC on the involvement of children in armed conflict
• The African Charter on the Rights and Welfare of the Child
• ILO Convention 182 on the Worst Forms of Child Labour
• Rome Statute of the ICC
Examples
a) A widow, Mrs. Sharifa Mohammed, came to us to talk about her 13-year-old son Ishar, who
was taken away by soldiers to help them at their checkpoint 20 kilometres outside the town.
This happened on the 1st of July. She wants her son back to continue his education, but she
is very scared of the police, afraid they might harm her or her family. She is asking for help.
b) A 15-year-old girl who volunteered is working as a cook with an armed group.

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THREE_ Rape and other forms of sexual violence against children
Rape/attempted rape: an act of non-consensual sexual intercourse and also includes the invasion
of any part of the body with a sexual organ or object.
Sexual violence: takes many forms, including rape, sexual slavery and/or trafficking, forced
pregnancy, sexual harassment, sexual exploitation and/or abuse and forced abortion.

WHICH ARE THE APPLICABLE LAW?

• Geneva Conventions and Additional Protocols
common Article 3 prohibits outrages upon personal dignity, in particular humiliating and
degrading treatment against protected persons.

• Fourth Geneva Convention, relating to the protection of civilian persons in time of war
"women shall be especially protected against any attack on their honour, in particular
against rape, enforced prostitution, or any form of indecent assault"

• Additional Protocol I
it is related to the protection of victims of international armed conflicts and prohibits
“outrages upon personal dignity, in particular humiliating and degrading treatment,
enforced prostitution and any form of indecent assault. Children must be the object of special
respect and must be protected against any form of indecent assault"

• Additional Protocol II
"outrages upon personal dignity, in particular humiliating and degrading treatment, rape,
enforced prostitution and any form of indecent assault"

• UN CRC
“State parties must protect the child from all forms of sexual exploitation and sexual abuse”.
‘’Optional Protocol to the CRC on the sale of children, child prostitution and child pornography
provides additional protection’’.

• Rome Statute of the ICC:

“Rape and other forms of sexual violence such as sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization and other forms of sexual violence constitute war crimes
and if it is being committed as part of a widespread or systematic attack against a civilian
population constitute a crime against humanity”.

• International Tribunal for Rwanda

“Rape and other forms of sexual and gender violence have been recognised as among the
most serious of offenses. Cases have recognized that they may constitute genocide, torture
and other inhumane acts”.

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Examples
a) A 13-year-old boy was shot by a peer and has come to the notice of the medical services. It
is alleged that an elder in the village of Khot has had sexual relations with the boy.
b) A local member of an armed group was reported to have raped a six-year-old girl on 13
August 2009. The case was referred to the authorities, and the girl is currently receiving
medical attention.
c) Three girls who have fled from an armed group claim to have been forced to provide sexual
services for commanders; one of the girls is pregnant.

FOUR_ Abduction of children

“The unlawful removal, seizure, capture, apprehension, taking or enforced disappearance of a child
either temporarily or permanently for the purpose of any form of exploitation of the child – this
includes but is not limited to recruitment in armed forces or groups, participation in hostilities,
sexual exploitation or abuse, forced labour, hostage-taking or indoctrination”
✓ If a child is recruited by force by an armed force or group, this is considered as two
separate violations – abduction and recruitment.

WHICH ARE THE APPLICABLE LAW?

• Geneva Conventions
common article 3 requires humane treatment for civilians implicitly but undeniably prohibits
the abduction of children.

• UN CRC
prohibits the abduction, the sale or traffic of children for any purpose or in any form.

• Optional Protocol I to the CRC on the Sale of Children, Child Prostitution and Child
Pornography
It forces States Parties to prohibit the sale of children and defines the sale of children as
being any act or transaction whereby a child is transferred by any person or group of persons
to another for remuneration or any other consideration.

• The African Charter on the Rights and Welfare of the Child

“states that Parties to the present Charter shall take appropriate measures to prevent the
abduction, the sale or traffic of children for any purpose or in any form, by any person
including parents or legal guardians of the child”.

• Rome Statute of the ICC

“enforced disappearances may amount to a crime against humanity if they are committed
for purposes otherwise prohibited (such as sexual slavery, use in armed forces, etc.)”.

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Examples
a) During an invasion on his village a boy was taken by the armed forces and forced to enter
buildings first, as the army advanced in full knowledge that an armed group was defending
the buildings.
b) A white van stopped in the street and armed persons jumped out and grabbed the boy,
throwing him into the van. The persons are known to be members of a local militia. The
parents have not heard from the boy since
c) Witnesses saw government security forces take a boy and place him in a military vehicle. The
Government confirms it holds the child, and his parents have seen him. No charges have
been made and he has not had access to a lawyer.

FIVE_ Attacks against schools or hospitals

“Attacks include the targeting of schools or medical facilities that cause the total or partial
destruction of such facilities. Other interferences to the normal operation of the facility may also be
reported, such as the occupation, shelling, targeting for propaganda of, or otherwise causing harm
to schools or medical facilities or its personnel”.

WHICH ARE THE APPLICABLE LAW?

• Fourth Geneva Convention
related to the protection of civilian persons in time of war prohibits the targeting of civilian
objects emphasising the importance of schools and hospitals to the civilian population,
especially children.

• Additional Protocol I
▪ “[…the parties to the conflict shall at all times distinguish between civilian and
combatants and between civilian objects and military objectives…]”
▪ prohibit attacks and threats against civilian population and states that attacks must
be limited strictly to military objectives that make a military contribution, excluding
schools as making contribution to a military action.

• Additional Protocol II
prohibits attacks and threats of violence against the civilian population.

• UN CRC
states that a child’s right to education and health facilities is non-derogatory even in times
of conflict.

• The Rome Statute of the ICC

It provides that it is a war crime to attack schools and hospitals if they are not military
objectives.

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Examples
a) During the period 13 to 29 September 2009, the army occupied a school as a base for its
operation during the conflict.
b) On 21 January 2010, two unidentified armed men threw acid into the faces of two girls on
their way to school.
c) On November 2009, a primary school in the capital was attacked by an armed group,
resulting in the deaths of 12 children.

SIX_ Denial of humanitarian access to children

“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.

WHICH ARE THE APPLICABLE LAW?

• 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.
Examples
a) During the period from 13 January to 24 April 2010 the Ministry of Defence denied access
to humanitarian organisations to the northern province, but claim they were providing
adequate assistance.
b) On 22 January 2010, members of an armed group killed an ‘’AU’’ driver.
c) Since June 2007 the armed forces have had a blockade on the western province. They allowed
very limited humanitarian aid items into the area.

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 3. HUMANITARIAN CHALLENGES AND A LOOK AT KEY HUMANITARIAN TRENDS IN 2020
The humanitarian context in a nutshell
Since a few years, the humanitarian context muted. In particular, humanitarian crisis are becoming:
o more protracted/recurrent;
o more complex;
o marked by conflict and movement of people;
Both from the side of conflict related emergencies and from the side of extreme weather events
driven emergencies, there is a general trend of length. Before we were accustomed to see an
emergency as something that had a start and an end, usually even funding and the work of
humanitarians in general was connected to this time frame13. Now emergencies are starting to be
seen (even from the side of institutional donors that fund emergencies) not any longer as something
temporary, rather a permanent, complex, structural condition. This means that emergencies are not
only driven by one situation but are overlapping with different drivers. Conflicts go together with
movement of people (and so the management of large numbers of refugees) or natural disasters.
Conflicts and movement of people had become a kind of constant of humanitarian responses.
Humanitarian need has increased consistently over the years, accompanied by the fact that the
resources to meet the need are not increasing enough.

13
Six months/one year.
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Funding need by crisis type

The dimension of the squares is driven by how large are expenditures for these kind of responses.
The red squares (refugees hosting only/conflict only/natural hazard only) are the areas that
represent the emergencies driven by one single element. These are smaller than the other squares
representing emergencies driven by more causes at the same time.

Emergencies are more and more complex and are not only driven by only one cause, but more than
one at the same time. Complexity is one of the key features of the work of humanitarians now.
Develoment Coherence – Nexus and New Way of Working (NWoW)
The first consequence of this trend is that humanitarians are more and more thinking and acting
across contexts. Decades ago, humanitarians were making a more clear separation between
working in an humanitarian context (responding to a peak of need because of a specific crisis) and
working on development, in the so-called normal times. Now this difference is no longer clear
because the two situations are overlapping.
Strengthening the humanitarian-development nexus was identified by the majority of stakeholders
as a top priority at the World Humanitarian Summit (WHS), including donors, NGOs, crisis-affected
States and others, and it received more commitments at the WHS than any other area. The New
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Way of Working (NWOW) as outlined in the Secretary-General’s Report for the WHS and the Agenda
for Humanity represents an approach to put this into practice.
The New Way of Working can be described as working towards achieving collective outcomes that
reduce need, risk and vulnerability, over multiple years, based on the comparative advantage of a
diverse range of actors. This trend has given new urgency to the long-standing discussion around
better connectivity between humanitarian and development efforts. At the same time, the adoption
of the 2030 Agenda and the Sustainable Development Goals (SDGs) set out not just to meet needs,
but to reduce risk, vulnerability and overall levels of need, providing a reference frame for
humanitarian and development actors to contribute to the common vision of supporting the
furthest behind first and a future in which no one is left behind.

IN A NUTSHELL
→ Focus on risk analysis, vulnerability and resilience
o resilience
o early action
o preparedness
→ From Shared Analysis (and understanding) to Collective Outcomes
→ Local Context
o local resources and actors
o accountability to beneficiaries (from the perspective of those whose lives and livelihood are
at risk)
→ Funding
o multi-year
o local

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Humanitarian trends

FOOD INSECURITY
For the fourth consecutive year, the number of
undernourished people around the world has risen,
from 811 million in 2017 to 821 million at the beginning
of 2019.
2/3 of the affected people is in countries affected by
conflict.
A total of 113 million people suffered acute hunger.
More than half of them were in
Africa. The vast majority (72 M) were concentrated in
just eight countries: Yemen,
DRC, Afghanistan, Ethiopia, Syria, Sudan, South Sudan
and Nigeria.
Yemen remained the world’s worst food crisis,
with more than half the population –
15.9 million people – in urgent need of food
and livelihood assistance
Women in all regions of the world have a 10 per cent
higher chance of being food insecure than men.

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 DISPLACEMENT AND URBANIZATION
Armed conflicts, natural disasters and persecution are
driving a record number of people from their homes
The majority of forcibly displaced people remain IDPs
(41.3m at the start of 2019).
The number of refugees has been growing for 7 consecutive
years (25.9 at the start of 2019). Half of all refugees are
children under age 18.
About three quarters of the world’s refugees and internally
displaced (60% refugees; 80% IDPs) now live in urban
centres. Urban aid operations are more complex. Cities
with existing fragilities face a growing list of future shocks
and stresses, from flooding to disease, from gang violence
to heatwave.
Humanitarian guidelines built for rural camps were found
to be "unworkable" in an urban environment.
Developing countries host the majority of the world's
refugees.

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 GENDER BASED VIOLENCE
More than 1 in 3 women and girls globally will
experience some form of violence in their
lifetime.
9 out of 10 countries with the highest rates of
chid marriage are fragile.
Women and girls in disasters, armed conflict and
other situations of violence face increased risks
of rape, sexual assault, intimate partner
violence, early and forced marriage, sexual
exploitation and trafficking.
Sexual violence is used as a means to destabilize
communities, expel certain groups to regain
control of an area, as means of repression,
terror and control, as a weapon of war
(Myanmar) and it can overlap with recruitment
and use of children (CAR, Libya).
The consequences of sexual violence and abuse
include physical injuries, psychological trauma,
exposure to HIV and other STDs.
Despite the scale and severity of GBV in
emergencies, prevention and response continue
to be under-resourced.

MACROECONOMIC TURBULENCE
Sovereign debt distress, stock market and currency volatility, negative interest rates, trade tensions,
make up a risky picture for 2020. Slow global growth in 2019 could further increase vulnerability in
countries already experiencing economic slowdowns and downturns.
Economic slowdowns coincide with increase in hunger. Sixty-five of the 77 countries where
undernourishment increased between 2011 and 2017 experienced an economic slowdown or
downturn. Fragile countries, or facing armed conflict, civil unrest or instability, are those
particularly vulnerable to the impact of economic decline.
Economic pressures, sanctions, and subsidy cuts have major political consequences. In wealthier
countries can reduce funding. A government in fiscal trouble introduces tax hikes, layoffs or subsidy
cuts. Protests follow with unpredictable upheavals ensue.
Price hikes of basics (fuel, bread) triggered upheaval in Sudan; a proposed tax increase on internet
calls sparked government collapse in Lebanon.

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 PREVENTABLE AND INFECTIOUS DISEASES
Conflict, displacement, and weakened health and sanitation
systems were already making it difficult to meet the medical
needs of many communities.
Rising threat of low immunisation rates and a reluctance to
vaccinate against preventable diseases is exacerbating those
needs.
Last year measles number of global cases was three times as
many as the year before linked to “vaccine hesitancy”. Across
Africa, reported cases in the first three months of 2019 were
700 per cent higher than for the same period in 2018.
Mistrust and misinformation about the Ebola virus are fuelling
attacks against health workers in DRC (same for polio in
Pakistan).
At the same time health structures are targeted in conflict
areas.
In the meanwhile: cholera (3 – 5 M/year affected); Dengue (half
of the world’s population at risk); malaria; HIV/AIDS
Antibiotics used to treat minor infections,
and diseases like tuberculosis are no longer working. In parts
of Iraq nearly one third of all patients are showing resistance t
o the most commonly available antibiotic drugs.
➢ If these trends continue, more people will be at risk
from humanitarian health crises in the coming years.
➢ Infectious diseases are not gender neutral.

DIGITAL MISUSE
Misinformation, hate speech and polarisation:
Manipulative propaganda can swing public
opinion, whip up violence, and deepen
suspicion. Electoral manipulation is a familiar
issue, but the humanitarian consequences of
online information “weaponisation” in weaker
states has been blamed for communal violence
in Ethiopia, inflammatory politics in the
Philippines, and radicalization and mob
violence in India.
Responsible use of data: People at risk of
destitution, violence, or persecution need the
highest standards of personal data security. In
parallel, the aggregation of millions of records
into large datasets, combined with photos,
biometric data, and geolocation, supercharges
the potential of the data to be used for good or
ill. Predatory states or individuals could exploit
information that includes the names, ages,
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 gender, and needs of millions of people
requiring assistance. News about major
breaches is rare, as it is firm attribution about
who is responsible.

Responses

HORN OF AFRICA
What
In 2019, drought, unseasonal heavy rainfall, locust infestation in Ethiopia further exasperates a
desperately depressing deterioration of food insecurity. Horn of Africa must prepare for the
extremes expected to come with a changing climate.
Confluence of the climate crisis to conflict and economic hardship is becoming the new normality in
the HoA. Rising food and nutrition insecurity may force families to adopt negative coping
mechanisms such as early marriages.

Why we are watching

We need to check our own preconceived ideas about what a hunger crisis looks like
Record-breaking temperature changes in the Indian Ocean has resulted in the biggest Indian Ocean
Dipole (IOD) since the 1980s. This has been the driver of heavy rains and floods which have affected
East Africa. More worryingly, further extreme weather phenomena are likely to be the new normal
in the Horn. 2020 is going to be an election year for all the 3 countries of the region.

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 DRC

What
Conflict, epidemics and natural disasters resulting in one of the most long-tanding and
complex crises in the world. In 2019, the overall scale of violence decreased the Kasais
and Tanganyika, but intensified in Ituri and the Kivus.
DRC is home to the largest IDP population in Africa (5.01 M, 940K in 2019). DRC also hosts some
517,000 refugees from neighbouring countries.
Almost 16 million people face severe acute food insecurity, and some 3.8 million children under age
5 are acutely malnourished.
The Ebola virus disease outbreak (17 months – roughly 2.000 victims) is the second largest in the
world. DRC is also experiencing the largest measles outbreak (>6000 victims) + cholera (> 470
people).

Why we are watching

The evolution of ongoing conflicts, epidemics + refugee returns (> 600 k from Angola) and
the impact on the already limited resources and services. The expected drawdown of the UN
Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO)
➢ People in need of humanitarian assistance in DRC will continue to rise to a projected 15.9
million for 2020.
➢ Structural underdevelopment and crises
➢ Undermined humanitarian access

SAHEL

What
The situation in the Sahel looks set to worsen in 2020. In Burkina Faso more than half a million
people are now displaced, compared to 80,000 at the beginning of 2019.

Why we are watching

There has been an acceleration in extremist violence in the region, from around 180 incidents in
2017 to 800 in the first 10 months of 2019.
That surge has forced around one million people from their homes in Burkina Faso, Mali, and Niger
– three countries with shared borders.
The upheavals, in a region that has long been food insecure, have left 2.4 million people in urgent
need of food aid.
A similar mix of jihadist groups operate in all three countries and have proved adept at manipulating
local grievances and profiting from inter-communal violence. In some regions under militant control,
these alternative administrations are seen as less corrupt and more locally accessible.
Expanding conflict threatens lives and livelihoods, compounding food insecurity and malnutrition,
and jeopardizing peace and social cohesion.

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 OTHER CRISIS TO WATCH IN 2020

Central African Republic

Conflict since 2013 which spread and destabilizes the country. About 600,000 IDPs. There are
concerns over a further deterioration of insecurity in the lead up to the 2020 and 2021 elections.

Nigeria
Farmer-herder conflict across the Middle-Belt region (300k IDPs) and the Boko Haram conflict in
northeast Nigeria (10 years + escalation in 2019) have severely affected food production systems.
About 4.3 million people face food insecurity.
The Boko Aram armed suicide-girls phenomenon.

South Sudan
Five years of civil war have led to widespread human rights violations large-scale internal
displacement (1,4 M) and refugee outflow (2,2M) to Sudan and Uganda, as well as largely
deteriorated food security (4,4M expected to face acute food insecurity).

YEMEN
What
Efforts to resolve the conflict have yet to translate into reductions in humanitarian need, which will
require massive improvements to the economy and infrastructure, along with political reform. If the
conflict continues into 2022, the U.N. projects 500,000 deaths, with most due to indirect impacts of
conflict like the degradation of health infrastructure.

Why we are watching

The UN now says 80 percent of Yemen’s population – 24 million people – will need humanitarian
assistance in 2020. That’s the same number as last year.
The United Arab Emirates, a key partner in the Saudi Arabia-led coalition fighting the Houthis, has
pulled almost all of its troops out of Yemen, leaving Saudi Arabia as the main power in the alliance.
While Yemen is no longer on the brink of famine, hunger still stalks millions of people.
Yemen’s crisis is made worse by the fact it’s incredibly difficult, and often dangerous, for aid workers
to do their jobs. Ongoing restrictions and pressure on humanitarian actors in Ansarullah (houthi)
controlled territories continued, raising the possibility of a significant drawdown of humanitarian
activities in these areas.

SYRIA
What
After 8 years of conflict, people in Syria have experienced unbated violations of their rights. The
Government of Syria did not declare the state of emergency therefore they are bound to respect,
protect, promote and fulfil the human rights of all persons present on these territories and within
its jurisdiction.

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More than half of the population of Syria has been displaced by conflict since 2011; the war has
created 5.7 million refugees. Eleven million Syrians (65 percent of the population) are in need of
humanitarian assistance.

Why we are watching

The situation in Syria remains volatile especially in the northwest and northeast. There remains a
risk of major escalation and subsequent displacement in 2020. The crisis has long been defined by
attacks on civilians and civilian infrastructure. Syria will continue to face massive immediate and
long-term humanitarian needs.

OTHER CRISIS TO WATCH IN 2020

Iraq
Of the 6 million people displaced during the 2014–2017 conflict against ISIL, approximately 1.5
million people remain internally displaced. Q4 2019 a growing population (mostly young
man) demonstrated against corruption, unemployment, and lacking public services.

Lybia
In 2020, a projected 880,000 people will be in need of humanitarian assistance, as a result of the
ongoing conflict and its impact on public services and living conditions.
An estimated 650,000 migrants are present in Libya, most of them in an irregular status that puts
them at risk of arbitrary indefinite detention.

oPt
There is little indication that condition in oPt will improve in 2020. In Gaza, the blockade shows no
sign of relenting and the specter of renewed war looms; the WB continues to constrict as Israeli
settlrs, backed by government policy, capture more parcels of land. The Trump administration had
given a clear green light to Israeli expansion. Increase economic pressures. Ongoing funding gap in
UN funding.

AFGHANISTAN
What
Nearly two decades of conflict and political instability
9.4 million Afghans need humanitarian assistance (67% more than 2019)
Over 10 million people suffer critical food insecurity (33% population).

Why we are watching

Prolonged uncertainty in the peace talks compromises country’s recovery from years of conflict and
instability (unemployment, conflict, high food prices + natural disasters). All sides may try to
strengthen their negotiating positions by escalating military operations.
Half a million people are expected to be displaced in 2020 (now 372K – 60% are children).
1.7 million school-aged children between 6 and 18 years old will require EiE support in 2020 –
representing a 340% increase on the previous year.

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In addition, 472,000 Afghan returnees in 2019 and 195,000 expected in 2020. There are 2,5 M
Afghan refugees hosted in multiple countries.

OTHER CRISIS TO WATCH IN 2020

India
Assam National Register of Citizens (NRC) leaves 1.9 million people at risk of statelessness,
detention, and displacement

Myanmar
An estimated 600,000 stateless Rohingya remain in Rakhine State. The impact of this protracted
displacement is compounded by movement restrictions that severely limit their access to essential
services, such as education and health care, and livelihoods, deepening vulnerability and
dependence on humanitarian aid.

VENEZUELA

What
4.6 million Venezuelans have fled the country as of November 2019; an estimated 5,000 continue
to leave daily, seeking refuge in nearby countries, mostly Brazil, Colombia, Chile, Ecuador and Peru.
Nearly a quarter of the population within Venezuela requires humanitarian assistance; 94 percent
of households live in poverty and 80 percent of the population face some level of food insecurity.
Hyperinflation is driving severe shortages of food, medicine and clean water.

Why we are watching

International sanctions could deepen the economic crisis and internal political tensions could
escalate domestic unrest, driving further displacement in 2020 and further straining the capacity
and resources of host governments in the region. Nearby countries could impose greater restrictions
on Venezuelans crossing borders, driving them to use illegal routes, which would increase their
vulnerability.

CENTRAL AMERICA

What
Homicide rates driven by gang violence in the Northern Triangle countries of El Salvador, Guatemala,
and Honduras have long been among the world’s highest, but new migration trends and policy
changes mean the extreme violence in the region demands the renewed attention

Why we are watching

Lack of economic opportunity and drought in the Dry Corridor + gang violence.
Migration across Mexico’s northern border to the United States used to
be largely young men; it is now often families of asylum seekers from Central America.
The numbers doubled between 2018 and 2019.

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Trump soft wall - Changes to US policies (Asylum-Cooperative Agreements with Honduras, El
Salvador, and Guatemala along the second half of 2019) mean that in 2020 thousands of migrants
and asylum seekers will likely be sent back to regions where gangs hold sway, raising protection
concerns and increasing the need for humanitarian response where they live.

OTHER CRISIS TO WATCH IN 2020

Haiti
A worsening economic and political crisis leads to long term protests, causing protracted disruption
of aid delivery and rising poverty levels.

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 16/04/2020
CHILD POVERTY: A MATTER OF CHILDREN RIGHTS - Matteo Delmonte

1. Child poverty: 2. Multidimensional 3. Educational poverty: 4. Life skills for success

definition, data aspects of child poverty definition and programs Common Approach

PART_1
Growing up in poverty can dramatically change children chances in life. Save the Children uses a
right-based approach for addressing child poverty. It recognises the utility of quantitative definitions
of poverty which allow quantitative comparisons among European countries. It focuses on the
qualitative experiences and consequences of child poverty, in particular, how the effects of child
poverty are aggravated when children in Europe are denied their right.
Children rights are:
o children’s right to education
o children’s right to participation (CFJ)
o children’s rights to leisure, play and culture
o children’s rights to protection (alternative care)
o non-discrimination of migrant children and children left behind
o children’s right to health care
o children’s rights to adequate standard of living.
Measuring child poverty in EU
In the EU, a specific indicator is used to assess the overall risk of poverty or social exclusion (AROPE)
in a comparative way across Member States and different population groups.
The AROPE indicator combines three sub-indicators on the household level:

VERY LOW HOUSEHOLD WORK

AT-RISK-OF-POVERTY SEVERE MATERIAL DEPRIVATION INTENSITY

Children living in a household Children living in a household Children living in households in

with an equivalized
disposable income below the
at-risk-of-poverty threshold,
which is set at % of the
national median equivalized
disposable income after
social transfers.
that cannot pay for at least four
out of a list of nine items: rent,
mortgage or utility bills;
keeping their home adequately
warm; unexpected expenses;
eating meat or proteins
regularly; going on holiday; a
television set; a washing
machine; a car; a telephone.
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which, on average, adult members
aged have a work intensity below a
threshold set at 0.20. The work
intensity of a household is the ratio
of the total number of months that
all working-age household
members have worked during the
income reference year and the
total number of months the same
household members theoretically
could have worked.
Children growing up in poverty and social exclusion are less likely to perform well in school, enjoy
good health and realize their full potential later in life, when they are at a higher risk of becoming
unemployed and poor and socially excluded.
There are children living in poverty in every European country, including in the traditional egalitarian
Nordic welfare states. In Europe, 1 out of 5 children are at risk of poverty or social exclusion. In many
countries, the gap between rich and poor is widening. Nevertheless, poverty is not only about lack
of money, rather is multidimensional and one of the principle cause of children rights violations in
Europe is linked to social exclusion and lack to access to services (childcare, high-quality education
and housing).

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In many European countries, child poverty has decreased in the last 10/12 years. However, it is not
enough. Not only is child poverty ethically unjust, but it also represents a social and economic
problem. Poverty does not only mean that basic needs are not met, but it also means not being able
to participate in activities such as sport, culture etc… Moreover, children growing up in poverty are
less likely to have skills, abilities and capabilities to unable them to work their way out poverty as
adults, and to contribute to the overall well-being of society.
The risk of poverty or social exclusion among children in all European countries is strongly associated
with their parents’ level of education. These inequalities do not suggest lack of cares by parents with
low level of education, rather that the parents with higher levels of education are usually able to
earn more. Lower education levels can often mean that parents have less disposable income from
wages or salaries, since children circumstances almost always depend on their parents and family
background. Lack of education can be a major risk for child poverty or social exclusion.
Children likelihood of being at risk of poverty it’s also determined by their parents’ countries of
birth. In Europe, higher rates of risk of poverty are registered among children with parents born in
foreign countries than those with parents born in reporting countries. Family members born in
foreign countries might be more likely to be lower paid; they might also more likely to experience
difficulties in accessing social welfare and services such as early childhood education and care.

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Child guarantee

The key overall objective of the child guarantee is to contribute to:

• combating poverty and social exclusion, particularly amongst the EU’s most disadvantaged
children;
• ensuring the access of these children to the five areas identified.
Target groups:

• children living in precarious family situations;

• children residing in institutions;
• children of recent migrants and refugees;
• children with disabilities and other children with special needs.

PART_3
Using a theoretical framework developed from Amartya Sen and Martha Nussbaum’s capabilities
theory, Sabe the Children identified four dimensions of educational opportunity, which are linked
to Save the Children’s Quality of Learning Environment framework.
I. To know
cognitive life skills, such as critical thinking; problem solving and decision-making skills.
Learning to know thus refers to both the acquisition of knowledge as well as the application
of knowledge

II. To be
self-management life skills related to self- awareness, self-esteem and self-confidence;
coping skills. This element is linked with seeing oneself as the main actor in defining a
positive outcome for the future
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 III. To live together
interpersonal and social life skills such as communication, negotiation, refusal,
assertiveness, interpersonal, cooperation and empathy skills. Skills under learning to live
together are essential to define a human being as a social being

IV. To do
linked to the actions a person takes and closely related to the practical or psychomotor skills
required to meet immediate needs and day-to-day functioning

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, many 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
(53%), visiting a museum (55%), playing a sport (43%) surfing the internet (29%).
Educational poverty affects each chilld's ability to discover and cultivate his own inclinations and
talents and, in a vicious circle, feeds the economic poverty of tomorrow. The highest risk of
educational poverty emerges for children that are between 6 and 16 years old.
For many 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.
Index of Educational Poverty
Save the Children Italy developed an Index of Educational Poverty, with the contribution of eminent
Italian academics, policy-makers and in cooperation with Oxford University (OPHDI). The Index,
particularly assesses poverty as lack of access to ‘quality’ educational services in ‘schools’ and in the
‘learning environment’ that contribute to the development of 4 dimensions of learning for children
from age 3-17 in all Italian regions.
The Spotlight Programme
In 2014 Save the Children launched “Enlighten the Future”, a campaign to combat educational
poverty in Italy and support the Spotlights, high-density educational centers where children and
adolescents can participate to free educational, recreational and cultural activities.
The aim of the centers is to be welcoming and stimulating places for children and adolescents, able
to offer them valid opportunities for growth and development and evasion from the urban contexts
to which they are accustomed. Since 2014, 25 Light Points have been activated in 20 Italian cities,
reaching over 11,000 children and adolescents.

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PART_4
The life skills for success (LS4S) common approach
LS4S helps young people acquire Transferable Life Skills (TLS).

TLS is a set of skills, competencies, behaviours, attitudes, and personal qualities that enable people
to effectively navigate their environment, work well with others, perform well, and achieve their
goals. TLS is proven to support young people’s workforce success.
ASST – Adolescent Skills for Successful Transitions
A sub-theme of Child Poverty to economically empower young people (adolescents and youth) to
successfully transition to decent work.
Save the Children do that by strengthening young people’s:
i. Capabilities
ii. Opportunities
iii. Enabling environment

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