“The Link” - Às vezes acontece algo que pode mudar nosso mundo!

 European Link Coalition had conducted research into effects on children in societies where violence against  animals were government policies. This allowed reports to  be submitted to the UN Committee on the Rights of the Child providing with academic resilience, evidence of  'harmful effects' on the psychopathology of children exposed to violence against any sentient animal. The Spanish  Division of Fondation Franz Weber had provided similar reports where children were exposed to the violence of bullfighting.

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This is the first time that violence against animals is specifically referenced in a 'legally binding' Charter of the United Nations when European Link Coalition submitted a report for inclusion in UN General Comment 26.

This also elevates Animal Rights into the Human Rights domain.

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A UN General Comment gives global guidance & clarification of articles in the 'legally binding' UN Convention on the Rights of the Child. 

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General Comment 26 Article G35

‘Children must be protected from all forms of physical and psychological violence and from exposure to violence, such as domestic violence or violence inflicted on animals’

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 ' Decision-makers, whether on a political or administrative level, have an obligation to implement, to respect, protect and fulfil the rights of the Convention and that automatically includes the interpretation by the treaty body of these rights, namely the General Comments '

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 Article 19 of the UN Convention on the Rights of the Child states the following:

“1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 

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UN General Comment 13 states :

Legal analysis of article 19, paragraph 1 

https://www2.ohchr.org/english/bodies/crc/docs/CRC.C.GC.13_en.pdf 

1. “… all forms of ...” No exceptions. The Committee has consistently maintained the position that all forms of violence against children, however light, are unacceptable. “All forms of physical or mental violence” does not leave room for any level of legalized violence against children. Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence. States parties may refer to such factors in intervention strategies in order to allow proportional responses in the best interests of the child, but definitions must in no way erode the child’s absolute right to human dignity and physical and psychological integrity by describing some forms of violence as legally and/or socially acceptable. 

 

​3. “shall take …” 37. “Shall take” is a term which leaves no leeway for the discretion of States parties. Accordingly, States parties are under strict obligation to undertake “all appropriate measures” to fully implement this right for all children. 

 

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​Office of the UN High Commissioner for Human Rights

 

Can you confirm that the Convention on the Rights of the Child, dated 20th November 1989, is a legally binding document on the State Parties?  

  

Yes. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty. 

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All States parties are obliged to submit regular reports to the Committee on the implementation of the Convention. States must submit an initial report two years after acceding to the Convention and then periodic reports every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”. Concluding observations are legally binding.