Top | Previous | Next | Text Only | Printer Friendly Version      Home | Resources and Links | World Congresses   4th World Congress on Family Law and Children’s Rights, Cape Town, South Africa, 20 – 23 March 2005   Children from the Christel School who attended the World Congress in Cape Town seen here on the steps of the Cape Town International Convention Centre, March 2005. Photo Dr Rajendra Pillay. In March 2005 in Cape Town, South Africa approximately 700 judges, lawyers and other professionals committed to children’s rights gathered at the 4th World Congress on Family Law and Children's Rights. The venue was the Cape Town International Convention Centre. This was the fourth such meeting following the inaugural Congress in Sydney, Australia in 1993; the second in San Francsico, USA in 1997; and the third in Bath, England in 2001. It marked the 15th anniversary of the most widely ratified human rights convention of all time, the United Nations Convention of the Rights of the Child (UNCROC). Malik, a severely malnourished one-year-old boy, is comforted by his mother, Hawa, in a UNICEF-supported therapeutic feeding centre at the El Fasher Teaching Hospital in El Fasher, capital of North Darfur. Several other women are visible behind them. Courtesy UNICEF. Although real progress has been made since the Convention was adopted, children are still dying in appalling numbers from preventable diseases such as malaria. Some 300,000 are child soldiers, or otherwise victims of the ultimate obscenity, war. Over 1 million are exploited every year in the multi-billion dollar sex industry. Children are bought and sold by organised crime rings and moved around the world as slaves. More than 14 million are now orphaned by HIV/AIDS; many of these will act as family heads and carry the disease themselves. 65% of the 121 million children in the world who are not in school are girls. Many more million children live in poverty and hunger. It was these issues and many others that brought together international delegates from throughout the world and in particular from the African continent to review the success or otherwise of UNCROC in its 15 years of operation.       Madam Graca Machel Madam Graca Machel Patron of the 4th World Congress opened the event with a stirring personal call, which had the audience on their feet. Her message was simple. Don’t hesitate to do what you can as an individual to protect the rights of children no matter how small that act might seem. Do it now was her strong message. This theme concentrated the minds of the delegates in an area where the vastness of the task can often seem almost overwhelming. Madam Machel had been preceded by the African Children’s Choir who set an optimistic tone for the event with their stirring singing and dancing. The choir had just returned from George in South Africa where they had performed at the 46664 Concert in front of Nelson Mandela and his wife Graca Machel. At the George Concert Nelson Mandela said: "We are all affected by the Aids pandemic. But more than others this epidemic carries the face of women. For it is women who bear the most significant burden of HIV and Aids.…. "For every woman and girl violently attacked, we reduce our humanity. For every woman forced into unprotected sex because men demand this, we destroy dignity and pride. Every woman who has to sell her life for sex we condemn to a lifetime in prison. For every moment we remain silent, we conspire against our women. For every woman infected by HIV, we destroy a generation…. "We must be honest and open about the power relationships between men and women in our society, and we must help build a more enabling and supportive environment that puts the role of women center stage in this struggle… "Each one of us - sister and brother, mother and father, teacher and student, priest and parishioner, manager and worker, Presidents and Prime Ministers, must add a voice to this call for action… "Not tomorrow, or the next week - but now… "You can help break the silence. Talk about HIV and Aids. You can urge your leaders to do more and act now. You can show more care and compassion. You can protect our women and the next generation." Resolutions COMMUNIQUE FROM THE 4TH WORLD CONGRESS ON FAMILY LAW & CHILDREN’S RIGHTS We, representatives of 60 nations gathered for the 4th World Congress on Family Law and Children’s Rights at Cape Town, South Africa from 20 – 23 March 2005, FOCUSING On the progress of the implementation of the Convention of the Rights of the Child after 15 years, BELIEVING That the health and education of the children of the world is the greatest guarantee available for the peace and prosperity of the world to come, And believing that armed conflict is an almost insuperable obstacle to the health and education of children within the area, Believing that the continued existence of child pornography, especially on the internet, trafficking in women and children, child soldiers, and children unable to receive an education by reason of having to work, and the plight of child refugees is a shame to the world and deserving of the strongest condemnation, And, as to delegates from the United States of America believing that all nations should accede to the UN Convention on the Rights of the Child and noting that to date only the USA and Somalia have failed to accede to the Convention and that representatives of the Somalian Government have indicated an intention to accede to the Convention in the near future. Noting that the Supreme Court of the United States of America in the recent case of Roper declared unconstitutional the death penalty for children in the United States of America, CALL UPON the lawmakers of the USA to accede to the Convention as soon as possible, The rights of indigenous children warrant robust protection in all dimensions of their lives, That religious freedom is an important part of a child’s rights. AND NOTING That many States have made substantial progress in adopting and putting into effect the Convention on the Rights of the Child, but there are still some nations which by reason of poverty, internal strife, or other reasons still have a long way to go in implementing the Convention, And that significant progress has been made in many countries by direct judicial action in implementing the Convention, And that direct contact between judges and courts of different nations has been an effective mechanism in some cases for implementing some clauses of the Convention, And noting the scurge of HIV / AIDS which in South Africa alone appears to affect 5.6 million people, And that the extensive work is being undertaken globally for women in understanding, educating and challenging their attitudes and actions in matters such as health, sexual behaviours, parenting, status rights and in relationships, That in some jurisdictions commissioners for children’s rights and children’s ombudsman have been able to play a notable part in the protection of children, That Children’s Rights International has provided beneficial advocacy and representation in many jurisdictions for the protection of children. THE CONGRESS HAS RESOLVED: IMPLEMENTATION OF THE CRC Resolution 1 That State Parties take their commitment to post-ratification more seriously to incorporate the Convention on the Rights of the Child into its domestic law and particularly that pursuant to Article 43 of the CRC State Parties make the principles and provisions of the CRC widely known to adults and children alike by ongoing programmes, Resolution 2 This Congress calls upon all governments to give full legislative effect to the Convention on Children’s Rights in order to give full effect to and enforce the constitutional and international obligations towards vulnerable children, Resolution 3 That bar societies and organisations representing advocates, develop ethical rules / standards of practice and advocacy in Family Law that are consistent with Article 3 and 12 of the UN Convention on the Rights of the Child; and that these rules / standards establish clear expectations for interdisciplinary continuing education, Resolution 4 That the UN adopts accessible and meaningful international standards for the protection of children without parental care, Resolution 5 That governments who have ratified the convention on the rights of the child should be encouraged to allocate sufficient resources to enable courts to implement to the fullest extent the conventions principles, Resolution 6 States and international agencies when formulating and implementing measures and structures to prevent and (when it occurs) ameliorate the consequences of forced marriage Must have the protection and rehabilitation of the victim as the primary focus and purpose of such measures and Must not, to the detriment of the interests of the victim, be governed by issues of state / public policy or immigration / migration concerns Resolution 7 That the CRC in its entirety, including especially the right of participation, the right to continuity of care, and the right to cultural and ethnic identity, shall be protected in child welfare proceedings involving indigenous children, Resolution 8 There is a need for interdisciplinary collaboration and dialogue in defining a child’s best interests and such collaboration should be encouraged, Resolution 9 That where possible courts and the legal system should provide for the financial security of children as an aid to their development health and education, HIV / AIDS Resolution 10 The Congress calls upon the all governments where HIV/AIDS is a significant problem to recognise and urgently address the issue of child sexual abuse in the context of HIV/AIDS through strengthening abuse prevention mechanisms ensuring timely access to post-exposure prophylaxis and counselling for child rape survivors and strengthening the justice system to: Put in place a comprehensive package of services and support for children and their caregivers including but not limited to food security and the provision of financial support Ensure access to effective and accessible ARV treatment for all HIV positive children and adults who need it Improve access to sufficient resources for NGO’s and community-based organisations involved in the care and support of HIV infected families and communities Provide local support which is appropriate to the needs of vulnerable children, in line with national priorities, sustained and properly coordinated. NGOs Resolution 11 The Congress urges all governments to give full support to NGOs in delivery of social services, CHILDREN’S VILLAGES Resolution 12 Under Review THE CHILD’S VOICE Resolution 13 & 14 inclusive Children have a voice. What they say is important. Governments should encourage the promotion and development of the participation of the child in the process since his rights are being examined and decided – making sure his voice is heard, Resolution 15 The Congress calls upon States to include in their national legislation / plans of action: education strategies training of lawyers , judges, social workers and other stake holders affecting children and other supportive measures to give children a voice in proceedings that affect them Resolution 16 States should develop child inclusive processes which promote self esteem in children without burdening them with a sense of the responsibility of decision-making, DOMESTIC ABUSE Resolution 17 That family courts should present a consistent message of its condemnation of domestic abuse (DA); and for DA to be reduced and so the home to become a safer place for children and all family members; and for society’s unacceptability and intolerance of DA to reach those who seek assistance from the family court on financial matters; and for the family court to hand down fair, just and socially acceptable outcome, Resolution 18 This Congress calls on all jurisdictions to make Domestic Abuse a factor and consideration in quantum on financial matters on relationship breakdown, wherever possible, and / or provide methods for the family justice system to compensate for the affect of DA on victims from the abusive family member, and for a report on progress at the next Congress, Resolution 19 All States should make adequate financial, social and emotional provision to enable and support victims who wish / need to live away from their family and for community so to do, RE-INTEGRATION Resolution 20 That Children’s Rights International commit to look for development of community care systems for successful reintegration and repatriation of vulnerable children who are bonded slaves or are in slavery-like practices in all countries, TRANSSEXUALISM Resolution 21a That legal and medical institutions throughout the world be called upon to recognise children with transsexualism as experiencing an intersexual condition derived by way of a natural biological variation in human sexual formation rather than a mental disorder, Resolution 21b That legal and medical institutions throughout the world be called upon to recognise the legitimacy of the sexual identity affirmed by a child (male or female) and the rights of that child to have a consistent legal identity (in the absence of that affirmation being derived from a diagnosed delusional disorder) rather than have that sexual identity imposed and not withstanding that such affirmed sexual identity is different from that indicated by one or more of the sexual characteristics of the children, CHILD MIGRANTS Resolution 22 The UN is requested to adopt and proclaim an International Child Migrants Day on the UN Calendar, ABDUCTION OF CHILDREN Resolution 23 "There is a need to explore the potential benefits of the Hague Children's Conventions for a much wider range of States - including in particular the States in sub-Saharan Africa. With appropriate measures of implementation, (which respect culture which take account of issues of capacity, and in particular the problem of access to legal services and procedures), the Hague Children's Conventions offer a structure for improving inter-State co-operation in the region to protect children at risk in cross-frontier contexts, and they provide access to a rapidly developing global network of judges and other professionals who are devoted to the common protection of children." RELOCATION Resolution 24 Create a framework to make uniform standards to determine a child’s best interests (as opposed to forum selection) in international relocation cases, ALTERNATIVE DISPUTE RESOLUTION Resolution 25 Make mediation and ADR the primary forum for dispute resolution concerning children and families, ADOPTION While noting the tension between CRC and some aspects of international adoption, international adoption has a place, even as last resort and providing it is properly regulated for the protection of orphaned and refugee children, FUTURE PLANS That the next World Congress have a program that examines legal education programs (Law Schools) that focus upon Articles 3 and 12 of the UN Convention on the Rights of Children, and interdisciplinary studies related to children in family law, That the next World Congress have a program that considers: - Judicial roles - Changes in judicial roles - Judicial education and their relation to and promotion of Articles 3 and 12 of the UN Convention This Congress calls for commitment globally to understand, educate and challenge attitudes and actions of men to sexual behaviour and relationships and children, and for reports on this work and progress made to be presented at the next Congress. Conference Papers Feedback and Commentaries on the 4th World Congress Hodson, David World Congress on Family Law and Children’s Rights First published in Family Lawyer, July 2005 Schepard, Andrew Law and Children New York Law Journal, 12th May 2005 Papers presented at the 4th World Congress Aeschlimann, Alain The Convention on the Rights of the Child in the 21st Century: securing rights for children in an age of uncertainty Apio, Eunice The Case of Children Born of the Lord’s Resistance Army-Northern Uganda (Powerpoint Presentation) Ashtakala, Tara National Plans of Action for Children in Mine-Affected Countries: A Vehicle for Sustaining Mine Action Beyond the Ottawa Convention Atwood, Barbara Ann The Voice of the Indigenous Child: Enhancing the Indian Child Welfare Act through the Convention on the Rights of the Child Bell, Nancy Young People in Residential School Rights, Communications and ‘Complaints’ Bessant, Claire and Smith, Rhona The Children’s Commissioner: A Knight in Shining Armour? Bonthuys, Elsje The Best Interests of Children in the South African Constitution Boshier, Peter Principal Family Court Judge Care and Protection of Children: New Zealand and Australian Experience of Cross-Border Co-operation Bower, Carol A Children’s Bill to heal a nation - addressing the wrongs of the past (Powerpoint Presentation) and Bibliography Bryant, Hon. Diana Chief Justice Care and Protection of Children: Australian and New Zealand Experience Carl, Eberhard Judge Giving children their own voice in family court proceedings: A German perspective Carmody, Hon. Justice Removing obstructions to justice in Family Court sexual abuse cases Cleland, A. Under threat: Scotland’s unique welfare-based forum for decisions about children and Powerpoint presentation Covell, Katherine and Howe, R. Brian The role of the community in implementing children’s rights Czapanskiy, Karen Syma Welfare Reform in the United States: Disconnecting Children from Parents Dalley, Marlene L. The Abduction of Children by Strangers in Canada: Nature and Scope National Missing Children Services, National Police Service, Royal Canadian Mounted Police [English] [Français] Davel, Catharina Exploring the Implications of Article 12 of the United Nations Convention of the Rights of the Child for Legal Practice and Legal Process: The Child’s Right to Participate in the Legal Proceedings De Jong, Madelene An acceptable, applicable and accessible family-law system for South Africa - some suggestions concerning a family court and family mediation Dutschke, Mira Children’s Right to Social Services Elliott, John D. “Jay” Deciding Destinies: The Lawyer and the Young Client’s Directives: The U.S. Perspective Frías-Armenta, Martha and Jasa-Silveira, Graciela An Evaluation of Process Rights applying the U.N. Standard Minimum Rules for the Administration of Juvenile Justice and United Nations Convention on the Rights of the Child: a Study of Mexican Children Giese, Sonja; Meintjes, Helen; Croke, Rhian; Chamberlain, Ross My neighbour tries to help, but she too is in need” Reflecting on realities as we work towards a world fit for children Goolam, Nazeem Interpretation of the Best Interests Principle in Islamic Family Law Graham, Deborah The Voice of Children: How can we hear it? Guyot, Julie Suffer the Children: the need for psychosocial rehabilitation as a function of peace-building Haralambie, Ann American Bar Association, Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases Haralambie, Ann American Bar Association Section of Family Law, Standards of Practice for Lawyers Representing Children in Custody Cases Hawthorne, Bruce Children’s rights to be parented by both parents after separation Henaghan, Mark Children and Lawyers Acting for Children in Legal Proceedings – What does a child’s right to be heard in legal proceedings really mean? Henry, Arlene H. Mediating Child Protection Disputes - A Canadian Perspective: Are We Leaving Room for the Child at the Table? Heesterman, Wiebina An Assessment of the Impact of Youth Submissions to the Committee on the Rights of the Child Hodson. David Spare the Child and Hit the Pocket: Towards a jurisprudence on domestic abuse as a quantum factor in financial outcomes on relationship break down Holmes, Susan The Importance of Independence and Neutrality in a Childrens Contact Service to ensure that the Child’s Best Interest is Paramount Howe, Brian and Covell, Katherine Implications of the UN Convention for Crime Prevention Howe, William J. III Finding the Balance: Ethical Challenges and Best Practices for Lawyers Representing Parents when the Interests of Children are at Stake Huddart, Judith L. and Demson, Sandra R. Listening to Children in the Collaborative Process Hussin, Nasimah Juvenile Delinquencies in Malaysia: Legal Provisions and Prospects for Reforms and Powerpoint presentation Ibrahim, Norliah The Rights of the Wife to Claim on a Division of Matrimonial Property after Dissolution of Marriage: Malaysian Perspective Kahurananga, Ruth Children Affected by Armed Conflict: Child Rights Law vs Compliance Kellie, Deborah and Richards, Deborah Bearing witness to the best interests of the child: How the legal system treats children as witnesses in the criminal jurisdiction in Queensland, Australia Kimane, Itumeleng Protecting Orphaned Children Through Legislation: The Case of Lestho Kiremire, Merab Kambamu (Mrs.) The Trafficking of Children for Exploitation Purposes - Africa’s 21st Century Challenge to Child Protection - In the Context of the African Family and Sociatal Responsibilities for the Care and Welfare of Children and the United Nations Convention on the Rights of Children (CRC) Kruger, H B Comparing the South African legal response to international standards: is there justice for women and children after sexual abuse? Kruzick, The Hon. Emile R. International Child Abduction and The Canadian Law Lawson, Deborah High School Students’ Perspectives on our Child Abuse Reporting Law Leatt, Annie and Rosa, Solange Securing the Means to Live: Children’s Financial Security in South Africa Macarov, D. Children’s Villages as a Possible Solution for the World’s Orphans MacLellan, Marion Child Headed Housholds: Dilemmas of Definition and Livelihood Rights Mahgou, Khadeija Parental responsibility under article 27(2) of the UNCRC: An Islamic Shariah Perspective Melloy, Sharon D The Rights of the Child: Hong Kong Style and Powerpoint presentation Mohd Zin, Najibah How the Best Interests of the Child is Best Served in Islamic Law with Special Reference to its Application in the Malaysian Shariah Court Ni, Tian State Report of the Convention on the Rights of the Child - China’s Practice and Views Nicholson, C. Oh the shame of it: A first call on available resources for child refugees in South Africa Noguchi, Yoshie ILO standards on Child Labour in relation with the CRC - Enforcement processes and what family law specialists can contribute and Powerpoint presentation Norrie, Kenneth Mc K. Adoption and the Child’s Right to Identity O’Mahony, Conor Domestic Enforcement of the Right to Education: Anglo-Irish Lessons on Constitutionalism Ozdowski Sev Child Migrants and Human Rights in our Time and Powerpoint presentation Pearl, His Honour Judge David Working with Children Pope, Anne Minors, Health Care Research and HIV/AIDS Ranchod, Bhadra HIVAIDS and its Impact on Children in South Africa Robinson, Mary Harnessing Energies to Make Children's Rights a Reality Rosa, Solange The interpretative use of the Convention on the Rights of the Child in judicial decisions affecting children’s socio-economic rights in South Africa Ross, Nicola Agency, Article 12 and Models for Legal Representation of Children in Australia and Powerpoint presentation Rotlevy, Judge Saviona The Public Committee on Children and the Law and Powerpoint presentation Sarwar, Salima and Rahman, Sadikur Urbanization, Rural to Urban Migration and The Street Children in Hazardous Condition: A Case Study in Rajshahi City Scarpa, Silvia The Worst Face of the World: Trafficking in Minors Schutte, Flip Child Witnesses in the Criminal Justice System in South Africa: An Overview of Proposals for Reform Singer, The Hon. Mr Justice Peter Steps towards enhanced mutual understanding with Muslim Communities: The UK-Pakistan Judicial Protocol and other initiatives Skelton, Ann No Dumping: litigating for the proper treatment of unaccompanied foreign children in South Africa Smits, V.M. Children in detention in the Netherlands Sund, Lars-Göran The Rights of the Child as Legally Protected Interests Thorpe, The Rt. Hon. Lord Justice Matthew Medical Experts in Family Proceedings Thorpe, The Rt. Hon. Lord Justice Matthew Relocation – The Search for Common Principles: The Problem Vandekerckhove, Ankie A Commissioner for Children’s Rights in the Flemish Community in Belgium Van Rensburg, Linda Jansen The Child's right to social security – South Africa's NON compliance with its constitutional and international duties Vernon, Mary Stockdale Defence for Children International-Canada: “The Voice of the Child” Vilches, Judge Nimfa Cuesta Trafficking In Women And Children Villarreal, Maria E. Children Sexual Exploited in Central America Vibol, Op and Chiva, Touch Implementing the Convention on the Rights of the Child (CRC) in Cambodia: Experiences in Research and Training (Powerpoint Presentation Walker, Janet Children and legal Processes Yeatman, Lucy Discrimination and the children of gay parents See: World Congress on Family Law and Rights of Children website, Up   Disclaimer | Privacy Statement © Children's Rights International