增進和保護人權分委員會
第五十六次會議,2004年7月26 ─ 8 月13日
第六項:特定人權問題
a)婦女和人權
《兒童權利公約》的前言說:「家庭是社會的基本人群,是能使其所有成員特別是兒童成長和康樂的環境,應該受到必要的保護和幫助從而使它圓滿完成社會中的責任。」
主席先生,
世界婦女組織關心家庭的存在,因為,如前言所說,家庭對於社會是至關重要的,對於兒童在身體、智力和社交上的健康成長是很重要的。非法的把兒童和家庭分離是對每一個家庭成員的嚴重人權侵犯。往往當兒童被與家庭分離後會有更過分的人權侵犯發生。在世界各地,由於對兒童或其父母的綁架而把兒童與其家庭分離的事件持續不斷的發生著。下面舉三個案例。
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在中國,修煉法輪功的家庭在遭受苦難。法輪功傳出於1992年,是一種中國的基於對「真善忍」的信仰的精神運動,信眾規律性的修行以獲得心智的更新。法輪功在1999年被禁後,隨之而來的瘋狂的迫害使家庭被酷刑折磨和拆散。兒童們也在直接遭受痛苦,因為有時他們被和父母同時監禁。例如,2002年5月一個兩歲的男孩被和父母、祖母同時綁架,然後被拘留了至少九個月。還有的被單獨留在家裏沒人照顧。例如一個十三歲的男孩,母親在2000年被非法拘捕,父親被迫害致死。更有甚者,還有非常小的孩子被迫害致死。2001年一個六(八)個月大的男孩和他是修煉者的母親一同被抓捕帶入勞教所,在這裏這個男孩和母親被暴力毆打致死。
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這些情況觸犯了兒童權利公約的多項條款。第九條要求保證「禁止把孩童違背其意願的與其父母分離」;第三十五條禁止「綁架、買賣兒童」,這兩條在柬埔寨、中國和烏干達都被不同程度的觸犯了。許多其他條款也被違犯了,包括兒童的天賦生命權、保護不因父母的信仰而受歧視、保護不被任何形式的性虐待或當作性工具、保護不受酷刑折磨和每個兒童應享有能足以保證其身體、智力、精神、道德和社交發展的生活標準。
家庭的拆散和毀壞本身已是悲劇,而它又往往帶來其他駭人聽聞的人權侵犯,被與家庭分離或被奴役的兒童失去了人的尊嚴、人格和自我價值感。當兒童的基本人權被徹底剝奪的時候,兒童會經受嚴重的心理創傷,而這種無尊嚴和虐待會影響他將來人生的幾十年。被與家庭分離和奴役的兒童失去了最基本的人格發展的機會,會導致長遠的負面作用。如果我們想制止仇恨、暴力和虐待的惡性循環,就必須為兒童提供能使他們被養育、教導和有自我發展的自由的家庭環境。保護兒童是為未來和平的投資。
主席先生,兒童權被侵犯和家庭被拆散的情況在全世界都在發生著,我們只是提了幾例。所以我們要求委員會用它的權力採取措施調查這些情況,促進遵循「兒童權利公約」,比如委任特別報告人、組成工作組或通過決議等。我們必須保護我們的兒童。
謝謝您,主席先生。
European Falun Gong practitioner
During the Session of Sub-Commission on the Promotion and Protection of Human Rights of the UN Human Rights Commission held in Geneva from 26th July to 13th August 2004, the president of the Worldwide Organization for Women spoke about the issue of the persecution of Chinese Falun Gong practitioners' families and children in the sixth item's discussion on women and human rights. Below is a brief summary of the speech.
Sub-Commission on the Promotion and
Protection of Human Rights
Fifty-sixth session, 26 July ─ 13 August 2004
Item 6: Specific human rights issues
a) Women and human rights
Child Rights: Separation of the Family
The preamble to the Convention on the Rights of the Child declares that "the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community."
Mr. Chairman,
The Worldwide Organization for Women (WOW) cares about the existence of families because, as the preamble states, families are vital to society and important for the healthy development of children─physically, mentally and socially. Unlawful separation of children from their families is a terrible violation of human rights of each family member. Too often, when children are separated from their families, more egregious human rights violations follow. Throughout the world families continue to be torn apart as children are separated from their families through abduction, either of the children or their parents. Three cases may illustrate.
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In China, families who practice Falun Gong are suffering. Falun Gong, founded in 1992, is a Chinese spiritual movement based on the beliefs of truthfulness, compassion and tolerance whose believers exercise ritually to obtain mental and spiritual renewal. The practice of Falun Gong was banned in 1999. Vicious persecution has followed leaving families tortured and torn apart. The children themselves suffer as they are sometimes imprisoned with their parents, e.g. a two-year-old boy who was abducted with his parents and grandmother in May 2002 and detained for at least nine months; or they are left alone at home without any supervision, e.g. a 13-year-old-boy whose mother was illegally arrested in 2000 and whose father was tortured to death. Still others, very young, are tortured to death. In 2001, a boy just over six months old, and his mother a practitioner, were arrested and taken to a forced labor camp. At this camp the boy and his mother were violently beaten to death.
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These situations violate numerous articles of the Convention on the Rights of the Child. Article 9 ensures that "a child shall not be separated from his or her parents against their will ..." and article 35 prohibits "the abduction of, the sale of or traffic in children." Both of these articles have been violated to some degree in Cambodia, China and Uganda. Many additional articles have also been breached including a child's inherent right to life, protection against discrimination based on parents' beliefs, protection from all forms of sexual exploitation and abuse, protection from torture and the right of every child to have a standard of living adequate for the child』s physical, mental, spiritual, moral and social development.
The separation and destruction of families is a tragedy in itself, and one that often precedes other shocking human rights violations. Children that are taken from their families and exploited lose their personal dignity, identity and sense of self-worth. When the basic human rights of children are set at naught, the children often experience severe psychological trauma, and the lasting effects of indignities and abuses have an impact decades into the future of the young. In situations where children are separated from their families and taken advantage of, they lose essential opportunities for healthy human development and have lasting negative effects. If we expect to stem the tide of cyclical hatred, violence and abuse, children must be afforded a family environment where they can be nurtured, taught and allowed freedom to develop themselves. Protecting children is an investment in the future of peace.
Mr. Chairman, situations where children's rights are being violated and families torn apart are taking place throughout the world, and we have only mentioned a few. We therefore request that the Commission undertake measures within its power to investigate these situations and promote compliance with the Convention on the Rights of the Child, whether through appointment of a Special Rapporteur, designation of a working group or adoption of a resolution. We must protect our children.
Thank you, Mr. Chairman.