Human Rights Council

Sankara Model United Nations 2013
Eighth session
August 9-11
Background Guide UN Human Rights Council

w w w . s a n mu n .o r g
Letter from the Executive Board

Dear delegates, It is my honor and pleasure to be chairing the Human Rights Commission for SANMUN 2013. It is my third time on the SANMUN HRC Executive Board and quite honestly, it is a committee very close to my heart. The agenda weve chosen for this year is Legislation on family laws. It is a wide umbrella agenda covering 5 subtopics. The Executive Board feels that these subtopics are interlinked, and it is a complex process to think of solutions for them, in the sense that they all involve changes in not just legislation, but also the mindsets and some of the traditions of the people in these societies. A major theme in this agenda is that of womens rights, a topic we felt is perhaps one of the most pressing concerns of the HRC but one that has not been discussed specifically at SANMUN the past couple of years. Yet another issue that has been included us marriage equality. With a startling increase in protests and petitions and an increasing number of national assemblies discussing bills to grant equal rights for marriage, we found this to be one of the most pertinent issues to be discussed this year. It is a challenging agenda but we hope to see new interpretations, solutions and ideas surface in committee.
Human Rights Council

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Take this very seriously and research thoroughly, about your own country and details of others. Truly put yourselves in the shoes of those diplomats because youre up for 3 days that will test every skill a diplomat must have but also give you an opportunity for immense learning and for developing those very same skills. We hope that at the end of the 3 days, your interest in MUNing develops and that you end up loving SANMUN as much as we all do.

Looking forward to seeing you all, Shriya S Narayanan Chair, Human Rights Commission Akash Girish, Vice Chair, Human Rights Commission Sripriya Sridharan, Moderator, Human Rights Commission
UN Human Rights Council The Human Rights Council is an intergovernmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly. The Human Rights Council replaced the formerUnited Nations Commission on Human Rights. The Council was created by the United NationsGeneral Assemblyon 15 March 2006 by resolution60/251. Its first session took place from 19 to 30 June 2006. One year later, the Council adopted its "Institution-building package" to guide its work and set up its procedures and mechanisms. Among them were theUniversal Periodic Reviewmechanism which serves to assess the human rights situations in all United Nations Member States, theAdvisory Committeewhich serves as the Councils think tank providing it

with expertise and advice on thematic human rights issues and theComplaint Procedurewhich allows individuals and organizations to bring human rights violations to the attention of the Council. The Human Rights Council also works with the UNSpecial Proceduresestablished by the former Commission on Human Rights and now assumed by the Council. These are made up of special rapporteurs, special representatives, independent experts and working groups that monitor, examine, advise and publicly report on thematic issues or human rights situations in specific countries. The UNHRC holds regular sessions three times a year, in March, June and September.The UNHRC can decide at any time to hold a special session to address human rights violations and emergencies, at the request of one-third of the member states. To date there have been 19 Special Sessions.

All victims of human rights abuses should be able to look to the Human Rights Council as a forum and a springboard for action. - Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human Rights Council Session
Agenda:
Legislation relating to family laws with specific focus on: - Abolishing child marriage -The issue of domestic abuse/ spousal abuse -Achieving marriage equality -Adoption -Laws regarding termination of marriage relationships Saudi Arabia drew international criticism after its Supreme Judicial Council condemned a 19year-old woman to 200 lashes and six months in jail for having been with a man she was not related to when she was attacked and raped by seven other men in 2006. Forced into a so-called marriage exchange, where each girl was given to an elderly man in the others family, Khadija and Basgol, two Afghani girls tried to escape their abusive husbands, dressed as boys. They didnt get far, before their bus was stopped, they were arrested and sent back to their village where they were flogged publicly. After decades of realizing equal rights of every individual regardless of gender, race, ethnicity, sexuality or economic status, legislation supporting practices such as male guardianship, abuse, marital rape and denial of access to property rights undermine the efforts of the international community in making that


realization a reality. Family law deals with one of the most central and personal aspects in society and is hence, understandably, intricate and complicated. But this is the same characteristic of family law that leads to numerous loopholes in legislation and violations of basic rights. Hence, this agenda (with 5 sub topics) has been picked to be discussed at the 8th session of the UN Human Rights Council at SANMUN 2013 to arrive at comprehensive solutions for a problem that faces the most vulnerable sections of society.
Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. - Universal Declaration on Human Rights
1) Abolishing child marriage

Child marriage is defined as formal marriage or informal union before the age of 18 (or 16, depending on the legislation). "Investing in girls is a moral imperative a matter of basic justice and equalityChild marriage divorces girls from opportunity. It jeopardizes health, increases exposure to violence and abuse, and results in early and unwanted pregnancies an often lifethreatening risk. Ban Ki Moon, UN Secretary General said this whilst urging governments, community and religious leaders, civil society, the private sector, and families especially men and boys to do their part to let girls be girls, not brides." The global situation
In most countries, child marriage is illegal. However, due to social and religious circumstances in various countries, there are exceptions. For example, in Niger, the civil code prohibits the marriage of boys under 18 and girls under 15. According to observers, the code is hardly ever applied due to the existence of two other legal systems, one judicial and the other Islamic, which allow marriage at younger ages. In Yemen, there is no fixed minimum age for marriage and the onset of puberty (which is even interpreted to be the age of nine) is fixed as the requirement age for marriage. About a third of the women aged 20-24 years old in the developing world were married as
children. Child marriage is most common in South Asia and Sub Saharan Africa but there are large differences in prevalence among countries of the same region. Some facts and figures to give us an idea of how grave the situation is in most countries: Roughly half of Yemeni girls are married before 18, some as young as eight.

InNigerandChad, over 70% of girls are married before the age of 18. In parts ofMali39% of girls are married before the age of 15. 40% of the world's child marriages occur in India. The UKs youngest victim of forced marriage is a 5 year old girl, one among 400 victims who received assistance from the government in the past year alone.
Tackling these issues is complex and intricate as it not only involves changes in the law but also the general view of society and their interpretations of it. This is a point that delegates must note. Any solutions must be looking to change societal perceptions and enforce grass roots implementation. This is because, without a force to ensure its implementation, any law is meaningless.
The ordeal of these child brides illustrates an uncomfortable truth. What in most countries would be considered a criminal offense is in many parts of the world a cultural norm, one which the governments have been either unable or unwilling to challenge effectively. Child marriage in turn has many effects on society, some of them being: Premature Pregnancy

Maternal mortality Girls younger than 15 are five times more likely to die during pregnancy or after, than older women. Maternal deaths related to pregnancy and childbirth are an important component of mortality for girls aged 1519 worldwide, accounting for 70,000 deaths each year. Infant mortality: If a mother is under the age of 18, her infants risk of dying in its first year of life is 60 per cent greater than that of an infant born to a mother older than 19. Even if the child survives, he or she is more likely to suffer from low birth weight, under nutrition and late physical and cognitive development. Evidence shows that girls who marry early often abandon formal education and this increases rates of illiteracy. Child marriage often results in separation from family and friends and lack of freedom to participate in community activities, which can all have major consequences on girls mental and physical well-being.
Marrying girls under 18 years old is rooted in gender discrimination, encouraging premature and continuous child bearing and giving preference to boys education. Child marriage is also a strategy for economic survival as families marry off their daughters at an early age to reduce their economic burden. For information on child marriage around the world, a general background, and studies of affected women: http://bit.ly/179nrcn http://bit.ly/hba8oJ

2) The issue of domestic abuse/ spousal abuse

According to the World Health Organization, the most common forms of Domestic Abuse faced by women include: Intimate partner violence- Refers to behavior by an intimate partner or ex-partner that causes physical, sexual or psychological harm, including physical aggression, sexual coercion, psychological abuse and controlling behaviors. Sexual violence- Includes any sexual act, attempt to obtain a sexual act, or other act directed against a persons sexuality using coercion, by any person regardless of their relationship to the victim, in any setting. (It includes rape)
There is also an economic cost incurred indirectly as a result of domestic violence, which can be seen in the following case study of Vietnam and is also present in other cases. The relevance of also dealing with economic strain with human rights issues has been explained in the section Laws regarding termination of marriage relationships (See: Cycle of poverty). Legislation

International: Intensification of efforts to eliminate all forms of violence against women (65th session of the GA) Strengthening crime prevention and criminal justice responses to violence against women (A/RES/65/228) Committee on the elimination of discrimination and violence against women Optional Protocol, decisions/views National laws: As of 2010, 89 States had some legislative provisions that specifically addressed domestic violence; marital rape could be prosecuted in at least 104 States; 90 States had some form of legislative provision against sexual harassment; 90 States had some legislative provision regarding trafficking in human beings. Case study: Vietnam Domestic violence is prevalent in Vietnam, with

poverty, alcoholism and gender role stereotypes considered to be the main causes.According to local newspaper reports, a woman dies due to domestic violence every 3 days in Vietnam. In June 2008, the Vietnamese Ministry of Culture, Sports and Tourism and the United Nations (UN) Children's Fund (UNICEF) jointly published theResult of Nationwide Survey on the Family in Vietnam 2006, which was conducted in collaboration with the Vietnamese General Statistics Office and the Viet Nam-based Institute for Family and Gender Studies (Viet Nam/UNICEF June 2008, 3). According to the survey, approximately 21 percent of married couples stated that they had experienced some form of domestic violence in their marriage. To demonstrate the economic effects of the enormous cost of violence against women, UN Women estimated the economic costs of domestic violence considering out-of-pocket expenditures that women incur: The actual out-of-pocket expenditures that women incur to access medical treatment, police support, legal support, counseling, and judicial support, and An additional out-of-pocket expenditure which is the lost school fees if children miss school due to domestic violence experienced by their mothers. The conclusions suggest that both out-ofpocket expenditures and lost earnings represented nearly 1.41 per cent of the GDP in
Viet Nam in 2010. More importantly, estimated productivity loss due to violence indicates that women experiencing violence earn 35 per cent less than those not abused, representing another significant drain on the national economy, and landing these women in a cycle of poverty, making them dependent. A variety of solutions has been tried out by the Vietnamese government, and has been quite successful. Twenty municipalities here are part of a project whose activities include producing all manner of information materials, maintaining a counseling center and organising focus groups for men and women, abusers and victims. Focus groups have become very popular in the local communities. Group sessions give people the chance to share experiences and make them, abusers included, more aware of the problem.

3) Achieving Marriage equality

The United Nations recognizes the right of any two consenting adults to marry and hence enshrines the right to marriage to homosexuals. On 6th July 2011, the United Nations endorsed the rights of gay, lesbian and transgender people for the first time ever Friday, passing a resolution hailed as historic by the U.S. and other backers and decried by some African and Muslim countries. Not many countries have recognized this right,

which makes this one of the more serious issues of concern for the committee. A point to note is that the battle for equal marriage rights has to start right from decriminalizing homosexuality in most countries. Penalties for homosexuality in many nations range from small penalties, jail terms to the death penalty. The current list of countries where same sex marriage is legal - Netherlands (2001); Belgium (2003); Spain (2005); Canada (2005); South Africa (2006); Norway (2009); Sweden (2009); Portugal (2010); Iceland (2010); Argentina (2010); Denmark (2012); Uruguay (2013); New Zealand (2013); and France (2013). In the USA, only 9 states, plus the district of Columbia, allow same sex marriage while 31 states have amended their constitutions to specifically prohibit it. Another case is that of Australia where lawmakers have voted against a bill to legalize same sex marriage last September. An important point to consider here, however, is that even though countries like Australia have voted against this bill, a poll by Australian marriage Equality indicated that 64% of those surveyed support the cause. So increasing awareness attempts by NGOs, private organizations and supporters of the cause play an important role in creating change in countries such as these where governments do not support it. In France, the contentious debate over the same-sex marriage bill has coincided with a
spike in reported incidents of homophobic abuse. So implementation of laws against homophobia must also be strengthened.
4) Adoption

All children deserve an environment that promotes their protection and well-being, - Executive Director of the UNICEF, Anthony Lake
The first adoption laws were passed in the second half of the nineteenth century in the belief that society should play a more proactive role in promoting the welfare of children. Since then, legislation has seen many changes. The Republic of Korea, for example, has provided tax incentives for families wishing to adopting, because of recognition of adoption as the best form of care for children. On the other hand, we have countries like New Zealand, where role of extended family is encourages in contrast to adoption by strangers. In December 2012, there was even a proposed adoption ban being considered by the government of Russia. Legislation 1993 Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoptions ratified by 80 countries, It sets out obligations for the authorities of countries from which children leave for adoption, and those that are receiving these children. The Convention is designed to ensure ethical and transparent processes. The Convention on the Rights of the Child Convention for jurisdiction, applicable law and Recognition of Decrees relating to adoption

Points for debate There has been an increasing trend of inter country adoptions over the past decade. Special care is needed with regards to legislation on such cases. A point to consider here is that all solutions suggested must look at the best interests of the child. But also, delegates must keep in mind issues relating to safeguarding rights of birth parents and those of prospective adoptive parents. Another special case is that of children separated from their families and communities during war or natural disasters. UNICEF urges that family tracing should be the first priority and inter-country adoption should only be envisaged for a child once these tracing efforts have proved fruitless, and stable in-country solutions are not available.
Delegates could also explore the issue of race and ethnicity on adoption laws and the rights of adopted persons to have information about their birth family.
5) Laws regarding termination of marriage relationships

One of the fundamental issues with regards is to globally recognize womens equal rights to property. In most systems, women tend to sacrifice their careers after marriage and hence cannot provide financial support. An issue of concern is that many state parties, by law or custom, deny them equality as to inheritance, leaving them vulnerable. During its 54th session, the Committee on the Elimination of Discrimination against Women (CEDAW) adopted a General Recommendation, entitled Economic Consequences of Marriage, Family Relations and their Dissolution, on how to protect womens equal rights to property upon divorce or death of their spouses. The General Recommendation also addresses the discriminatory nature of many family laws, concluding that all family laws must adhere to the equality norms of the Convention. Some of these norms include the equal treatment of women and men as surviving spouses or partners; prohibit the disinheritance of the

surviving spouse; and provide that rights to land should not be conditioned on forced marriage to a deceased spouses brother or any other person. Not having these property rights puts women at an increased risk of falling into the cycle of poverty. A point to note is that such documents must also recognize various forms of family relationships that give rise to property rights including same sex relationships and registered partnerships. To get a detailed idea of the various problems facing women with respect to this issue http://www.unrol.org/files/ womensrightstolandandproperty.pdf An issue that could be discussed in committee is that of representation of women in parliament, whether this could lead to better legislation on these issues. Delegates could refer to examples like Rwanda where it started out with a 30% quota for women in parliament which is now far exceeded and think about whether this leads to more wholesome decision making.

Questions a resolution must answer

Are the problems identified due to flaws in legislation or flaws in implementation? Have changes in legislation immediately translated into gains for the affected populations? How effective are awareness campaigns for religious communities that strongly support child marriage? If not effective, how else can we get the message across? Is adoption a better response to the needs of children living in foster care and in need of family care? Which option would protect the rights of the LGBT community better- civil partnerships or marriage? How best can the economic interests of affected women be secured, other than by strengthening property rights laws?

Contact Us
unhrc@sanmun.org Shriya Narayan, Chair +91-9941905227 Akash Girish, Vice-Chair +91-9791127075

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