Australian Lawyers for Human Rights
Australian Lawyers for Human Rights

AUSTRALIAN LAWYERS FOR HUMAN RIGHTS
"A World Fit for Children"

Comments by Australian Lawyers for Human Rights on the draft outcome statement for the United Nations General Assembly Special Session on Children

For the third Prep Com on 11-15 June 2001

III.  Plan of Action A.

Creating a child-friendly world

13. Our commitment to creating such a world for children begins with thea family, which is the fundamental unit of society and holds the primary responsibility for the protection, upbringing and development of children. All institutions of society should respect and render appropriate assistance to parents and families, so that children can grow and develop in a safe and stable environment, supportive of the fulfilment of their rights.


The description of "the family" as the fundamental unit of society does not recognise that a great many people participating in society today remain childless, and/or are not members of a family.

To the extent that the term ‘family’ is intended to mean a heterosexual couple and children, the term should not be read so narrowly, and no provision in the document should be agreed to which assumes or supports that narrow meaning. Many families are headed by single parents and, in some cases, by same-sex or transsexual parents. The contribution of these loving carers, and hence the sense of self-esteem and social value of their children, would be diminished by a discriminatory description of reality. The important factor is the love and attention devoted to the child by each natural, adoptive or foster parent.

18. Discrimination promotes a self-perpetuating cycle of social and economic exclusion. We will make every effort to tackle the causes and impact of discrimination on children, whether rooted in race, colour, sex, gender, sexuality, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

The terms "sex" and "gender" are used interchangeably in the document even though they are technically not synonymous. "Sex" is an externalised, physically based identification. "Gender" is an internalised, psychologically based self identification. Incongruence between these two descriptors occurs in about 1:2500 individuals (intersexed and transsexual people).  The consistent use of both terms is appropriate throughout the document, as each is the basis of discriminatory conduct which is damaging to children’s ability to develop to the fullest.

A further related ground of discriminatory conduct which is damaging to children’s ability to develop to the fullest is "sexuality".  This too should consistently be recognised in the document.

B.  Goals, strategies and actions

 Providing quality education

34. To achieve these goals and targets, we will implement the following strategies and actions:
. . .
• Develop and implement special strategies for improving the quality of education.

so as to• Remove barriers to education for children excluded from without access to school and meet the learning needs of all;

< The Goal as drafted covers two different issues, which should be separated.

There is no necessary causal link between ‘removing barriers to education for children excluded from school’ and the need to ‘develop implement special strategies for improving the quality of education’. Each is a separate and legitimate goal.  The need to implement special strategies for improving the quality of education applies to all children, not just those ‘excluded from school’.

Further, it is unclear whether the phrase ‘excluded from school’ is intended to refer to children who have been excluded by the school due to health or discipline issues, or to those who because of circumstances are unable to attend school.  This should also be clarified, presumably to give it the latter meaning.  

Child care

Child care for pre-school children of working parents is an important area of education for children.  It is an important measure to ensure that parents can provide material support for their children’s health and development, and to avoid the risk of abuse and exploitation.

Pre-school care and education is as critical to the full and healthy development of the child as adequate schooling.  The provision of adequate and accessible child-care is directly relevant to two of the ‘three key outcomes that all caring parents seek for their children’ in clause 9 of the document:
 (a) A good start in life, in a nurturing and safe environment that enables children to survive and be physically healthy, mentally alert, emotionally secure, socially competent and able to learn;
 (b) Completion of a basic education of good quality;

A strategy, apt to each of the health, education and exploitation sections of the document, could be:
"Provide high quality and affordable early childhood care and education for those working parents who need this form of support to ensure a sustainable livelihood."  

Protecting against abuse, exploitation and violence

37. To achieve these goals, we will implement the following strategies and actions.
. . .
• End harmful traditional practices, such as early marriage and female genital mutilation, that undermineviolate the rights of children and women;

Female and male genital mutilation is not limited only to ‘traditional practices’. For many decades medical practitioners in developed countries have been performing "corrective" surgery on infants who are described as intersexed; that is children who have genitalia which is not simply either male or female. The practice continues despite strong evidence of its psychological and physical harm.

Further, genital mutilation is an assault.  It violates a child’s body and interferes with a person’s identity.  It does more therefore than merely ‘undermine’ a person’s rights – it violates a person’s human rights.

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This page last updated 4th May 2004