A/HRC/51/54
65.
Across the diaspora, training and policy reform in family regulation and juvenile
justice systems have failed to disrupt proven, systematic abuses and violations of the
rights of children of African descent, instead escalating harms and risk. Training
programmes are presumptively inadequate if they merely raise awareness rather than
require confrontation and a measurable reduction of individual bias.
66. Juvenile legal systems incarcerate children of African descent disproportionately,
ignoring evidence that adolescent misconduct is a predictable feature of childhood that
should be navigated rather than punished. Research into neuroscience, adolescent
behaviour and psychology shows that normal human development involves staggered
and asymmetrical physical and emotional maturity in adolescents.
67.
Recalling its discussions at its twenty-fourth session and its report on data for
racial justice, 13 the Working Group notes that the limitations, biases and
discriminations of artificial intelligence technology, including facial recognition
technology for law enforcement, have a negative impact on children of African descent,
in violation of their rights under the Convention on the Rights of the Child.
68.
Important links exist between birth registrations, administration of justice and
children of African descent. Age-determination processes that are non-conclusive and
predictions on the basis of physical appearance lead to disproportionately arbitrary
outcomes for children of African descent.
69.
Although multiple literacies are a key factor in the successful development of
children, children of African descent are too often socialized to acquire primarily
literacies targeted to the status quo, a culture of dependency and lesser status in a
racialized hierarchy. Education is one of the instruments of systemic racial
discrimination that must be reimagined if systemic racism, prejudice and
discrimination are to be dismantled.
70.
Children of African descent are confronted with racialized barriers to their best
interests, which constrain them from realizing their full potential. These barriers create,
inter alia, intergenerational transmission of poverty and race-based traumatic stress,
lack of access to the highest attainable standard of physical and mental health, and
criminalization of identity. For children of African descent, negative racial stereotypes
often prevail over age, denying them systemic protections accorded to children.
71.
The COVID-19 pandemic has reversed gains made in children’s health,
education and economic transformation, with a disproportionate impact on the rights
and best interests of children of African descent.
72.
Children of African descent face censorship of hairstyles, speech and accent,
language, appearance and hobbies in spaces that are intended to foster and support
their development, damaging their self-esteem and burdening their rights. Penalizing
the distinct appearance, cultural mores and way of life of children of African descent
constitutes racial discrimination.
73.
Children of African descent are not monochromatic nor monolithic. In their
diversity, they face discrimination on the basis of their multiple identities, including
race, ethnicity, gender, sexual orientation, disability, class, caste, religion and other
factors. For example, LGBTQI+ children and youth of African descent face multiple
forms of discrimination in mainstream society and their immediate communities.
74.
The distinct challenges of children of African descent are rendered invisible in
States lacking racially disaggregated data.
75.
The Working Group recognizes the indispensable role of agency and activism in
their diverse forms in children of African descent. Children of African descent
understand their own best interests. Through art, music, literature and leadership,
children of African descent are rewriting the agenda for change.
13
A/HRC/42/59.
15