Expert Meeting on Children in the Adult Criminal Justice System in the United States
IACHR Headquarters, Washington, D.C., February 2-3, 2015

Nine experts attended the expert meeting on the situation of children in the adult criminal justice system in the United States, organized by the Rapporteurship on the Rights of the Child, which was held in preparation of the IACHR thematic report on the matter. The meeting was conducted by Commissioner Rosa María Ortiz, Rapporteur on the Rights of the Child, who underscored the need to protect children’s rights in the United States by way of a comprehensive system of protection, emphasizing that every justice system for youth begins with the prevention of children’s rights violations within the community .

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IACHR Visit to Colorado, United States
October 20 to 22, 2014

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The IACHR carried out a visit to Colorado, United States, from October 20 to 22, 2014, led by the Commissioner Rosa Maria Ortiz, Rapporteur on the Rights of the Child, and accompanied by personnel of the Executive Secretary of the IACHR.  The objective of the visit was to gather information on the situation of persons under the age of 18 treated as adults in the adult system of criminal justice, as well as the conditions of youth in detention and incarceration facilities.

During the visit, the delegation was received by authorities including the Deputy Legal Counsel of Governor John Hickenlooper, Ben Figa; Public Defender of the State of Colorado, Doug Wilson; Executive Director of the Colorado District Attorneys’ Council, Tom Raynes; and Colorado State Representative Daniel Kagan.  The Rapporteur also met with formerly incarcerated youth and families, as well as civil society representatives.  Furthermore, the delegation visited confinement facilities for youth convicted as adults to the Youthful Offender System, as well as for youth committed in the juvenile system to the Division of Youth Corrections.  Additionally, Commissioner Ortiz presented a lecture and held a public hearing at the University of Denver, Sturm College of Law.

Workshop “Building an International Cooperation System for the Civil Protection of Children”
IACHR Headquarters, July 11 and 14

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On July 14, the plenary of the Inter-American Commission on Human Rights (IACHR) received Ignacio Goicoechea, representative for Latin America to the Hage Conference on Private International Law. Also, on July 11, Mr. Goicoechea imparted an informative workshop for the IACHR staff about abduction and retention of children across international boundaries. This activity was organized by the IACHR Rapporteurship on the Rights of the Child, in light of the increasing number of petitions and precautionary measures received by the Commission on this matter.

• Document “Building an International Cooperation System for the Civil Protection of Children”
• Presentation (available only in Spanish)

Mexico - April 21 to 23

The Rapporteur on the Rights of the child, accompanied by specialist Marisol Blanchard Vera, conducted a visit to Mexico from April 21 to 23. The object of the visit was to present the Report on the “Right of girls and boys to a family. Alternative Care. Ending Institutionalization in the Americas”, organized by the Senate. The Rapporteur also had meetings with civil society and State officials to gather information on the legislative process that will create the National System of promotion and protection of girls, boys and adolescentents in mexico.

Tha Rapporteur will conduct an official visit to Mexico on the second semester of 2014.

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Uruguay, April 11, 12 and 13, 2013.

Commissioner Rosa María Ortiz was invited to participate in a regional consultation related to the ways to end incorporating children before they are three years old in protection or care institutions in Latin America and the Caribbean” by UNICEF. She was invited in her capacity as Rapporteur on the Rights of the Child. The Rapporteur also participated in the presentation of the Mannual “Avanzando en la implementación de las directrices sobre las modalidades alternativas de cuidados de los niños.” The Rapporteur also had several meetings with State Authorities, international organizations and civil society members in which she discussed issues related to the rights of the child.

Presentation in Honduras of the Reports on Juvenile Justice and Citizen Security in the Americas

Representatives of the Inter-American Commission on Human Rights (IACHR), the High Commissioner of the United Nations for Human Rights (HCUNHR) and the United Nations Children Fund (UNICEF) presented in Honduras on July 23, 2012, the reports ‘Juvenile Justice and Human Rights in the Americas’ and ‘Citizen Security and Human Rights’.

Report: Juvenile Justice and Human Rights in the Americas

Report: Citizen Security and Human Rights

IACHR, UNICEF AND OHCHR Joint Press Release (in Spanish)

Photo 1: IACHR Rapporteur on the Rights of the Child, Rosa María Ortiz.
Photo 2 (in the full version; click on the photo to open it): UNICEF Communications Specialist, Héctor Espinal; Representative of UNICEF Honduras, Cristian Munduate; Presidential Designated, María Antonieta Guillén; Resident Coordinator of the UN System in Honduras, Gina Watson; and Councelor Minister of the US Embassy, Matthias Mitman.
Photo 3: Representative of UNICEF Honduras, Cristian Munduate
Photo 4: Presidential Designated, María Antonieta Guillén
Photo 5: Adviser in Human Rights of the UN System in Honduras, Antonio Maldonado.
Photo Credit: © UNICEF Honduras / 2012 / González

Seminar in Bolivia on Public Policies and Human Rights of Children

The Rapporteur on the Rights of the Child visited La Paz, Bolivia, July 10-12, 2012, to participate in a seminar on "Public Policies and Human Rights of Children and Adolescents in the Construction of the Plurinational State of Bolivia," at the invitation of the Office of the Human Rights Ombudsman. At this event, the Rapporteur gave a presentation on the international systems for the protection of human rights, with emphasis on the inter-American system.

Event on Harmful Practices and the Rights of Children—Addis Ababa

The Rapporteur on the Rights of the Child participated in a consultation of international experts—held June 13-15, 2012, in Addis Ababa, Ethiopia—to address the problem of harmful practices against children. The event was organized by Plan International, the Office of the Special Representative of the United Nations Secretary-General on Violence against Children, and the African Committee of Experts on the Rights and Welfare of the Child.

Event on Juvenile Offenders and the Media—Brasilia

At the invitation of the National News Agency for the Rights of the Child, on May 22-24, 2012, the IACHR Rapporteur on the Rights of the Child participated in an event held in Brasilia, Brazil, called "The News Media, the Social Agenda, and Juveniles who Break the Law." The event was organized in conjunction with the Human Rights Secretariat in the Office of the President. At the same event, on May 23, the Rapporteur gave a presentation on "Vulnerability Factors in Adolescents." After the event, the Rapporteur held a meeting with staff members from the Human Rights Secretariat to analyze aspects of the human rights cooperation between Brazil and Haiti, particularly on the subject of the rights of children and adolescents. The Rapporteur's suggestions were welcomed and later implemented in the cooperation program between the two countries, specifically in areas related to adoption and to children without parental care.

Meeting in Jamaica on Violence against Children

On May 14-15, 2012, the Rapporteur on the Rights of the Child participated in a meeting in Kingston, Jamaica, on the phenomenon of violence against children in the Caribbean countries. The event was organized by the State of Jamaica, the Latin American and Caribbean Chapter of the Global Movement for Children, the Office of the Special Representative of the United Nations Secretary-General on Violence against Children, and the Caribbean Community (CARICOM). Participants included government officials in charge of children's issues, representatives of civil society organizations, independent experts, and child and teen delegates. At the event, the Rapporteur presented two IACHR thematic reports having to do with violence against children and teenagers: the Report on Corporal Punishment and Human Rights of Children and Adolescents and Juvenile Justice and Human Rights in the Americas. After the event, the Rapporteur held informal meetings on various issues related to the work done by her office. She renewed contact with authorities from Haiti who were present at the meeting, following up on issues covered during the visit she had made to that country in February.

Work visit to Panamá

From April 18 to 19, 2012, the Rapporteurship on the Rights of the Child participated in a meeting, invited by The Latin American and Caribbean Chapter of the Global Movement for Children (MMI-CLAC), and by UNICEF. In addition, from April 16 to 17, the Rapporteur made a work visit to Panama, meeting with Government authorities and civil society organizations. UNICEF-Panama coordinated these activities. The Rapporteur met with the National Secretariat for Children, Adolescents and Families (Secretaría Nacional de la Niñez, Adolescencia y Familia); the Institute for Inter-Disciplinary Studies (Instituto de Estudios Interdisciplinarios); the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores); and the Office of the Ombudsman (Defensoria del Pueblo). Furthermore, the Rapporteur met with several civil society organizations that work for the rights of children, and held a workshop about the Inter-American Human Rights System.

Interview to the Rapporteur published on the Human Rights Brief

An Interview with Paulo Sérgio Pinheiro, Commissioner and Rapporteur on the Rights of the Child, was published on the Human Rights Brief, a publication of American University Washington College of Law, Volume 19, Issue 1 (Fall 2011)

• Read the interview on this PDF file
• Human Rights Brief on American University's Website

Elimination of inhumane court rulings handed down against children and adolescents, October 14 and 24, 2010

On October 14, 2010, the Rapporteur attended a parallel event to the United Nations General Assembly in New York, organized by the Government of Norway and focused on the elimination of inhumane court rulings handed down against children and adolescents. Moreover, on October 24, 2010, he attended the “International Forum on the Criminal Responsibility of Adolescents,” held in Bogotá, Colombia.

• Press Release of the Mission of Norway to the UN on the October 14 event
• Schedule of the International Forum on Criminal Responsibility of Adolescentes held in Bogota

Corporal Punishment and Human Rights of Children and Adolescents, June 14 and 16, 2010

Between June and October 2010, with the support of UNICEF, the Rapporteur for the Rights of the Child attended several outreach events in the Americas related to the Report on Corporal Punishment and Human Rights of Children and Adolescents. These included events on citizen security and violence against children organized by the Regional Office of the United Nations High Commissioner for Human Rights and UNICEF in El Salvador (June 14, 2010) and in Panama City (June 16, 2010). Moreover, on March 25, 2010, the Rapporteur participated in activities organized by Save the Children- Switzerland in Brazil, where the elaboration of a bill to prohibit physical punishment and humilliation against children and adolescents was discussed.

• UNICEF Press Release on the presentation in El Salvador (available in Spanish)
• UNICEF Press Release on the presentation in Panama (available in Spanish)
• Press Release of Save the Children – Switzerland on the promotion activities in Brazil (available in Spanish)
• Interview to the Rapporteur on the Rights of the Child, Paulo Sérgio Pinheiro, on corporal punishment against Children and Adolescents, publish on the Website of Save the Children

Latn American Meeting, Indigenous Peoples and Governments, March 9, 2010

On March 9, 2010, the Rapporteur participated at the “Latin American Meeting on Indigenous Peoples and Governance: From Declaration to Action,” held in Cartagena de Indias, Colombia, which centered on forced labor among indigenous children and adolescents.

Press Release on the Meeting (available in Spanish)

Regional Conference on “Protecting Refugees and International Migration in the Americas”

As part of the 20th anniversary of the Convention on the Rights of the Child, the Rapporteur gave a paper at the Regional Conference on Protecting Refugees and International Migration in the Americas, organized by the UNHCR, the IOM, and the OAS. The topic of his address was protecting unaccompanied children in the context of migration. In addition, during his time in Costa Rica and in coordination with the PANIAMOR Foundation and that country’s National Children’s Trust (PANI), Commissioner Pinheiro presented the thematic report on corporal punishment and the human rights of children and adolescents, recently published by the Inter-American Commission on Human Rights. Among the participants were representatives of the national rights promotion and protection systems of Guatemala, Paraguay, Panama, El Salvador, Colombia, and Costa Rica. Finally, Commissioner Pinheiro participated at the colloquium on the Report on Juvenile Justice Systems and Human Rights organized by UNICEF, the Paniamor Foundation and Costa Rica’s National Commission for Improving the Administration of Justice (CONAMAJ). The preliminary conclusions of the thematic report on juvenile criminal justice were presented at that meeting.

20th Pan-American Child Congress

Between September 22 and 25, the Rapporteur was the main speaker at the 20th Pan-American Child Congress, held in Lima, Peru, and organized by the Inter-American Children’s Institute (IIN) and the Government of Peru. During that event, he also visited projects and met with the regional office of the Swedish organization Save the Children, Plan International, and UNICEF, as well as networks of organizations working with children. In addition, the Rapporteur attended a conference on corporal punishment and a round-table discussion on children’s rights. The Rapporteur also met with the Prime Minister of Peru, the President of Congress, the Minister responsible for family affairs and the rights of children. He also met with the United Nations Special Representative for Violence against Children and with the Director of UNICEF-TACRO, to exchange information and study possible cooperation mechanisms for developing joint strategies for a six-month plan on violence against children in the region and on following up on the recommendations set out in the reports published by the Rapporteur’s office.

Paper on “The right to food of children aged under two in the inter-American system”

On September 14, the Rapporteur’s office gave a paper on “The right to food of children aged under two in the inter-American system,” as part of a technical consultation organized by the United Nations World Food Programme and other agencies of the UN system. This consultation, held in Panama, addressed the impact of the international crisis and the right to food among highly vulnerable groups, specifically children aged under two, in Latin America and the Caribbean.

Publication of Report on Corporal Punishment and the Human Rights of Children and Adolescents

• Report on Corporal Punishment and Human Rights of Children and Adolescents (English)
• Informe sobre el Castigo Corporal y los Derechos de Humanos de las Niñas, Niños y Adolescentes (Español)
• Relatório sobre Castigo Corporal e os Direitos Humanos das Crianças e Adolescentes (Português)

IACHR Publishes Book on the Rights of the Child

 The Inter-American Commission on Human Rights (IACHR) published today the second edition of the book “The Rights of the Child in the Inter-American Human Rights System,” first published in 2002.

In this second edition, the book compiles in a general perspective the current status of the inter-American norms, mechanisms and decisions on the rights of children. The book includes a compact disc with the complete texts of instruments in the inter-American and universal systems related to children and the decisions adopted by the Inter-American Court of Human Rights on cases involving children, as well as the information required for access to the inter-American system.

The IACHR thanks the Inter-American Development Bank (IDB) for the financial contribution that made possible the production and publication of this report.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.

• Press Release N° 31/09 - IACHR Publishes Book on the Rights of the Child

Seminar on Justice for Adolescents

The Rapporteur’s office gave a paper in Mexico at the Seminar on Justice for Adolescents, held on April 1 and organized by the Human Rights Commission of the Federal District, the Government of the Federal District, the Superior Court of Justice of the Federal District, and the United Nations Children’s Fund (UNICEF).

Presentations on the Report on Corporal Punishment and the Human Rights of Children and Adolescents

The Rapporteur gave presentations on the Report on Corporal Punishment and the Human Rights of Children and Adolescents, as well as preliminary views on the Report on Juvenile Criminal Justice at several meetings and conferences in Argentina, Chile, Brazil, and Panama.

Development of specific standards by which to bring about the elimination of corporal punishment as a method to discipline children

The Rapporteurship believes it worth noting that promotion of non-violence against children is the core theme of the agreement signed with the IDB. In that connection, the Rapporteur elected to center its efforts on the development of specific standards by which to bring about the elimination of corporal punishment as a method to discipline children, which constitutes a form of violence that is tacitly accepted and ignored in the Americas. Accordingly, a draft request for an advisory opinion on protection of children against the use of corporal punishment in the Americas was prepared and approved by the IACHR, in which the Inter-American Court of Human Rights was asked to interpret Articles 1(1), 2, 5(1), 5(2), and 19 of the American Convention on Human Rights and Article VII of the American Declaration of the Rights and Duties of Man in concordance with the provisions of the Convention on the Rights of the Child, in order to establish that the use of corporal punishment as a method to discipline children is incompatible with the standards contained in the aforesaid international instruments.  Further to the provisions of the agreement signed with the IDB, the Rapporteurship is presently engaged in the preparation of a study with the aim of promoting measures to turn the Americas into a region free from corporal punishment against persons under 18 years old.

IACHR signed a memorandum of understanding with the United Nations Children's Fund (UNICEF)

In 2008 the IACHR signed a memorandum of understanding with the United Nations Children's Fund (UNICEF) to create a cooperation framework for the preparation of a special study on juvenile criminal justice.  To that end, the IACHR has already sent a Questionnaire on Juvenile Criminal Justice to member States and civil society organizations and is currently awaiting the various replies.

Promotional Activities Carried Out in 2008

The principal educational and promotional activities carried out in 2008 include the following: the presentation of the Rapporteur, Commissioner Paulo Sérgio Pinheiro to the Parliament of Jamaica in February; the participation of Rapporteurship staff in a national workshop on “Promoting the Protection and Integral Development of Children and Adolescents” through planning and programs with a focus on human rights, organized by the Pan American Health Organization (PAHO) in Guatemala City; an educational workshop on “Protection of Children's Rights in the Inter-American System” co-organized with the United Nations Children's Fund (UNICEF) in Port-au-Prince, Haiti, in May; attendance at the Preparatory Meeting for the World Congress III on Sexual Exploitation,” which was held in Buenos Aires, in August, and participation in the World Congress III itself, held in Rio de Janeiro, Brazil, in November; and participation in the seminar on “City, Conflict, and the Public Sphere: The Latin American Perspective,” held in Bogotá, Colombia, in September.

Implementation of “Technical Cooperation Agreement on the Protection of the Rights of Children in Latin America: Violence Prevention"

During 2007, the Rapporteurship began to carry out the activities planned under the “Technical Cooperation Agreement on the Protection of the Rights of Children in Latin America: Violence Prevention,” signed by IACHR and the Inter-American Development Bank (IDB).  In that regard, in April 2007, the Rapporteurship hired Peruvian attorney Cecilia Anicama Campos, as a consultant to implement the activities planned in the agreement.  Ms. Anicama was selected in accordance with established guidelines for the selection of experts at the IACHR.

Promotional Activities Carried Out in 2007

The Rapporteur for the Rights of Children and the Secretariat Specialist participated in other activities as it is described next: a meeting with experts of the region and officials of the United Nations Children's Fund (UNICEF) from August 20 through August 24 in the city of São Paulo, Brazil. On November 15 and 16, the Organization of  American States sponsored the Sub regional Conference on Culture of Peace and Prevention of the Juvenile Violence that took place in the city of San José, Costa Rica, that was attended by  a delegation of the Secretariat. From November 20 until November 21 a delegation of the Executive Secretary took part in the XII Annual Meeting of the Latin-American Federation of Ombudspersons (FIO), which was held in Lima, Peru. On December 5, a delegation of the Executive Secretary participated in a working meeting organized by the Commission of Juridical and Political Affairs of the OAS in relation to the Draft Inter-American Program for Universal Civil Registry and the “Right to Identity”.

Cooperation Agreement was subscribed between the IACHR and the non-governmental organization “Save the Children Sweden”

On December 17 a Cooperation Agreement was signed between the IACHR and the non-governmental organization “Save the Children Sweden” with the objective of strengthening the activities of the Rapporteurship in the defense of Children’s rights in the Hemisphere.

Presentation of the study on Violence against Children “Secretary General’s Study on Violence against Children and youth – What can the Americas do?”

 In October of 2006 Commission member Paulo Sérgio Pinheiro in his capacity of United Nations independent Expert, presented to the Committee on Juridical and Political Affairs of the OAS the study on Violence against Children “Secretary General’s Study on Violence against Children and youth – What can the Americas do?.” He also presented several recommendations to the member states for handling this problem. During his presentation, the Rapporteur was accompanied by the Assistant Secretary General of the Council of Europe, Maud de Boer-Buquicchio.

The regional launching of the worldwide Study of Violence against Children

In November of that year the Rapporteur also participated in the regional launching of the worldwide Study of Violence against Children in Panama.

Participation in events regarding juvenile offenders

Furthermore, the Rapporteur participated in two events organized by the National Juvenile Defender Center at Georgetown University Law Center which were related to the inter-American system for the protection of the human rights regarding juvenile offenders.

The Commission signed an agreement with the Inter-American Development Bank

The Commission signed an agreement with the Inter-American Development Bank to strengthen the activities of the Rapporteurship on Children.  This will continue to be implemented in 2007, which allows the Rapporteurship to expand its activities.

Seminar in Brown University, Providence, Rhode Island, USA.

The activities of the Rapporteurship for Children in the year 2005 included holding a seminar in Brown University, Providence, Rhode Island, USA, in March, 2005. As part of the seminar, there was a fruitful exchange between the members of the IACHR with regard to the future activities of the Rapporteurship for Children.

The IACHR sent its first case with respect to child soldiers to the Inter-American Court of Human rights. The case of “Gerardo Vargas Areco”

In March, 2005, the IACHR sent its first case with respect to child soldiers to the Inter-American Court of Human rights.  The case of “Gerardo Vargas Areco” was about a child who died after being shot at during an obligatory military service in Paraguay.  The Rapporteurship for Children moved the said case forward through its various phases, by keeping in mind that besides providing justice in the specific case, the sentence of the Inter-American Court of Human Rights would surely establish important applicable precedents for all the countries of the hemisphere with respect to this subject.

Consultation for Latin America, on the topic of Violence against Children

In June, 2005 the Rapporteurship participated in a Consultation for Latin America, conducted in the framework of the Study of the Secretary General of the United Nations on the topic of Violence against Children that was held in Buenos Aires, Argentina.  In the said event, the Ministers, and the high ranking national and international authorities on the subject of human rights met in Buenos Aires and formulated the “Declaration of Buenos Aires on Violence against Children and Adolescents”.  The Rapporteurship had an important role to play in the preparation of the draft copy of the said Declaration.

VII Latin-American Conference of Ministers and High Officials Responsible for Children and Adolescents

In September, 2005 the Rapporteurship participated in and presented a paper at the VII Latin-American Conference of Ministers and High Officials Responsible for Children and Adolescents, which was held in León, Spain. The above mentioned conference provided important inputs for the Latin-American Conference of the Heads of State and Government which was held in Spain in October, 2005.

The Rapporteurship presented a project to the Inter-American Development Bank

In addition, in 2005, the Rapporteurship presented a project to the Inter-American Development Bank regarding the strengthening of the activities of the Rapporteurship, which during 2006 and 2007 will enable it to initiate additional activities.