严重侵犯儿童权利行为监测和报告机制

F. Seatzu
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摘要

在2005年建立监测和报告机制(mrm)之前,与冲突有关的暴力侵害儿童行为的实际数量和形式在很大程度上是一个未知现象。包括联合国文件在内的几份报告正确地认为这种情况是不可接受的。然而,mrm的建立导致了一系列标准和规则的引入,这些标准和规则用于收集和向联合国安理会报告与冲突有关的暴力侵害儿童行为的信息和数据。人们普遍认为,这些创新将加强在联合国一级打击这些暴力行为的斗争。本文批判性地考察了mrm为打击武装冲突中针对儿童的暴力行为做出贡献的各种标准和规则。缔约国声称,由于暴力侵害儿童事件的持续增长,在《儿童权利监测机制》建立以来的15年中,预期减少这些可恶的暴力形式的好处仍然难以实现。通过将审判权归属于上诉法院,提出了完善上诉法院运行和职能的建议。
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The Monitoring and Reporting Mechanism for Grave Violations of Children’s Rights
Prior to the establishment of the Monitoring and Reporting Mechanism (‘mrm’) in 2005, conflict related violence against children was a largely unknown phenomenon in its real numbers and forms. This situation was rightly perceived as being unacceptable by several reports, including UN documents. Nevertheless, the establishment of mrm leaded to the introduction of a number of criteria and rules for the gathering and reporting of information and data on conflict related violence against children to the UN Security Council. It was generally believed that these innovations would enhance the fight against these acts of violence at UN level. This paper critically examines the various criteria and rules through which the mrm has contributed to the fight against violence towards children in armed conflict scenarios. It asserts that due the continued growth of episodes of violence against children, the benefits anticipated to reduce these odious forms of violence under mrm have remained elusive throughout the fifteen years since the mrm was established. The work advances a suggestion for the improvement of the operation and functioning of the mrm through the attribution of adjudication powers to this body.
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