The Tribunal’s proceedings on violations of the fundamental rights of children and minors took place across three public sessions during the week of March 27 to April 3, 1995, in Trento, Macerata, and Naples. The Indictment, presented by the Archdiocese of São Paulo regarding the “street children population,” was the subject of an “ad hoc” seminar held in Naples on June 24–25, 1994.
The Tribunal session aimed to document and examine facts and data bearing witness to the widespread state of suffering and the violation of the fundamental rights of minors, making the assessment of children’s conditions worldwide an indicator of the human condition and of a crisis in the human rights system.
At the core of the accusations is the denial of the right to life caused by economic and social violence, wars, and direct crimes, compounded by the phenomenon of organ trafficking. The accusation also highlights how the right to development of children and adolescents becomes unachievable in contexts of poverty and in the absence of social policies supporting populations and mothers. Finally, it denounces child labor and the gravest violations of children’s integrity inflicted through sexual abuse, prostitution, and pornography.
In its Judgment, the Tribunal recommends that States rigorously prosecute serious crimes against minors by entrusting them to ordinary jurisdiction, including for crimes committed abroad or by members law enforcement forces. It also urges the United Nations to classify them as crimes against humanity subject to universal jurisdiction. Regarding child labor, it calls for strict compliance with existing regulations, urging the World Bank and the International Monetary Fund to deny funding to projects that violate them. For the protection of children, it proposes the establishment of an international Ombudsman through a supplementary Protocol, promoting the direct democratic participation of minors, their active involvement in education, and the adaptation of urban spaces to their needs. Finally, the Tribunal urges major international mechanisms to ensure compliance with humanitarian law and the protection of minors. In particular, it calls for limiting the arms trade—especially anti-personnel landmines, to be prohibited via a specific convention—to protect children both from armed conflicts and from the economic impact of military spending on state budgets.
Requesting Organisations: Archdiocese of São Paulo
Documentation:
The Judgment is available in Italian