Ibero-American Convention on the Rights of Youth

Applies to/Se aplica a

State practice
State law
Individual cases
For Urgent Action
Only under 18-s
A

Summary

The Ibero-American Convention on the Rights of Youth (see English version: http://scout.org/content/download/22369/200853/file/IBEROAMERICAN%2520CO...) was signed in 2005 in the Spanish city of Badajoz, and came into force on 1 March 2008. It applies those States that have ratified it, and is limited to the Ibero-American region, which also includes Spain, Portugal, and Andorra in Europe.
The Ibero-American Youth Convention defines “youth” as young people between the ages of 15 and 24 years.
The Ibero-American Youth Convention recognises explicitly in its article 12 the right to conscientious objection, and prohibits the recruitment of under-18s:
1. Youth have the right to make conscientious objection towards obligatory military service.
2. The States Parties undertake to promote the pertinent legal measures to guarantee the exercise of this right and advance in the progressive elimination of the obligatory military service.
3. The States Parties undertake to assure youth under 18 years of age that they shall not be called up or involved, in any way, in military hostilities.

While there is currently no mechanism to monitor the Ibero-American Youth Convention, ratifying States are required to submit a report every two years to the Secretary General of the Ibero-American Youth Organisation. The Secretary General in turn reports to the biannual conference of Ibero-American Ministers with responsibility for youth policy.

1. Likely result from the use of this mechanism

As there is presently no monitoring mechanism in relation to the Ibero-American Youth Convention, the best possible outcome is the inclusion of a violation of the Youth Convention in the report of the Secretary General of the Ibero-American Youth Organisation.

2. To which States does this mechanism apply?

The mechanism applies to States that have ratified the Ibero-American Convention on the Rights of Youth. A list of countries that have ratified the Youth Convention is available at http://www.laconvencion.org/index.php?secciones/mapa (in Spanish).

3. Who can submit information?

Anyone can submit information to the Ibero-American Youth Organisation.

4. When to submit information?

As there is no monitoring mechanism, there is no clear indication when best to submit information. However, there are two major opportunities:

  • after a country submitted its biannual report according to article 35 of the Youth Convention “on the progress made in achieving the observance of the provisions of the present Convention“. This can be countered with an NGO report highlighting the violations of the Convention. State reports are available at http://www.laconvencion.org/index.php?secciones/estudios (in Spanish, at the bottom of the page)
  • In a timely manner before the biannual conference of Ibero-American Ministers with responsibility for youth policy

5. Special rules of procedure or advice for making a submission?

There are no special rules or procedures. When submitting a report countering a State's report, it is advisable to refer to the relevant sections of the State's report.

6. What happens to the submission (how long will it take)?

As there is no clear mechanism, there is no clear indication what might happen to a submission.

7. History of the use of this mechanism

This mechanism has so far not been used for conscientious objection to military service.

Contact Details: 
OIJ - Organización Iberoamericana de Juventud Paseo de Recoletos 8 - 1ª Planta 28001 - Madrid (España) Tel +34-91-369 02 84/03 50 Fax +34-91-577 50 39 Email oij@oij.org Web: http://www.oij.org
Further Reading: 
  • Ibero-American Convention on the Rights of Youth (see: English version: http://scout.org/content/download/22369/200853/file/IBEROAMERICAN%2520CO... Spanish: http://www.laconvencion.org/
  • Precedentes (Jurisprudencia)

    None