Concluding Observations of the Committee on the Rights of the Child

CAMBODIA (2000)

Concluding Observations of the Committee on the Rights of the Child: Cambodia, 28/06/2000, CRC/C/15/Add.128.

15. The Committee welcomes the measures taken by the State party in the area of data collection, such as the Education Management Information System and the Health Information System. Nevertheless, concern is expressed at the lack of a systematic, comprehensive and disaggregated quantitative and qualitative data collection mechanism for all areas covered by the Convention, including child abuse and ill-treatment, children belonging to minority groups, girls, children in rural areas, and child victims of sale, trafficking and prostitution.

16. The Committee recommends that the State party continue with the development and strengthening of its data collection system, with a view to including all areas covered by the Convention. Such a system should include all children under 18 years of age and specifically emphasize vulnerable groups of children as a basis for assessing progress achieved in the realization of children's rights and be used to help design policies for better implementation of the provisions of the Convention. In this regard, the Committee encourages the State party to seek international assistance from UNICEF, among others.

17. While the Committee is aware that most of the State party's infrastructure and social services were destroyed as a result of decades of war, it expresses its concern at the insufficient attention paid to the provisions of article 4 of the Convention concerning budgetary allocations to the "maximum extent of available resources".

18. The Committee recommends that the State party give priority to ensuring that the maximum available resources are allocated to health, education and social services for children and that particular attention is paid to the protection of children belonging to vulnerable and marginalized groups. In this regard, the Committee encourages the State party to continue and foster open cooperation with the international community, in particular within the coordinated framework of the donors' Consultative Group on Cambodia.

23. The Committee is concerned at the lack of a clear legal definition of the child in the State party's legislation. In particular, concern is expressed at the lack of minimum legal ages of sexual consent and of criminal responsibility.

24. In light of the principles and provisions of the Convention, the Committee recommends that the State party include in its legislation a definition of the child. The Committee further recommends that the State party take into consideration, in the process of drafting its new legislation, the incorporation of minimum ages of criminal responsibility and sexual consent. Furthermore, the Committee recommends that the State party enforce the law on minimum age for marriage.

27. With regard to article 2 of the Convention, the Committee expresses its concern at the existing patterns of discrimination on the grounds of gender, ethnic origin, HIV/AIDS status and disability. In particular, concern is expressed that the State party's Constitution refers only to the rights of Khmer citizens.

28. The Committee recommends that the State party ensure that all the rights enshrined in the Convention are enjoyed by all children, without any distinction. The Committee further recommends that the State party take effective measures to eliminate discrimination against girls, in particular with regard to their access to education. Efforts need to be made to eliminate discrimination against children living and/or working on the streets and children belonging to minority groups, especially of Vietnamese origin. Furthermore, the Committee endorses the recommendations made to the State party by the Human Rights Committee in 1999 (CCPR/C/79/Add. 108, para. 17) and by the Committee on the Elimination of Racial Discrimination in 1998 (CERD/C/304/Add. 54, paras. 11-13) in this regard.

29. With regard to the implementation of article 7 of the Convention, the Committee expresses its concern that birth registration is not compulsory and consequently not all children are registered at birth.

30. The Committee recommends that the State party review its domestic legislation in accordance with the principles and provisions of the Convention, with a view to making birth registration compulsory for all children, without any type of discrimination. Children of non-Khmer citizens, regardless of their legal status, or refugees, when born in Cambodia, should always be registered at birth even if they are not entitled to Cambodian nationality. The Committee further recommends that the State party undertake effective measures to enforce the existing sub-decrees related to the Resident Book (No. 73) and the Family Book (No. 74) , both of 1997, in particular to ensure that all children who were not registered at birth are registered. In addition, the Committee recommends that the State party conduct awareness-raising campaigns to encourage the registration of all children at birth. The Committee encourages the State party to consider seeking international cooperation from UNICEF and other international organizations to this end.

31. The Committee is concerned that the State party's Law on Nationality (1996) might lead to discrimination against children of non-Khmer origin and might, in violation of article 7 of the Convention, leave as stateless a large number of children born in Cambodia, such as children belonging to minority groups.

32. The Committee recommends that the State party's Law on Nationality be reviewed in the light of the Convention with a view to eliminating all grounds of possible discrimination and eradicating and preventing children being stateless.

33. With regard to children's participatory rights, concern is expressed at the insufficiency of the measures undertaken by the State party to promote the participation of children in the family, the community, the schools and other social institutions, as well as to ensure the effective enjoyment of their fundamental freedoms, including freedom of opinion, expression and association.

34. In light of articles 12-17 of the Convention, the Committee recommends that further measures, including legislation reform, be undertaken to promote the participation of children in the family, the school and other institutions, as well as to ensure the effective enjoyment of their fundamental freedoms, including the freedoms of opinion, expression and association. Public awareness of the participatory rights of children needs to be increased in families, communities, institutions and schools.

37. The Committee is concerned that children tend to be placed in child welfare centres or children's homes rather than in foster care or adopted; at the lack of regulations for the operation of such centres; and at the increasing number of orphans owing to the HIV/AIDS epidemic and the limited measures available to cope with this situation.

38. The Committee recommends that the State party undertake effective measures to promote, through counselling and community-based programmes, the family as the best environment for the child and to empower parents to take care of their children in order to avoid placement in child welfare centres.

39. The Committee recommends that the State party develop policies and regulations regarding children's institutions and other forms of alternative care. Social services need to be strengthened and expanded to cover a larger number of children, in particular children orphaned by the HIV/AIDS epidemic, and alternative forms of care, such as foster families, need to be developed. The Committee further recommends that sufficient financial and human resources be allocated for these purposes. International technical and financial assistance in this regard is also recommended.

42. Concern is expressed at the insufficient awareness of the scope and harmful consequences of mistreatment and abuse of children, including sexual abuse, both within and outside the family; the insufficient resources, both financial and human, to prevent and combat child abuse; and the insufficient care and rehabilitation measures, including facilities available for child victims of abuse.

43. In light of articles 19 and 39 of the Convention, among others, the Committee recommends that the State party take effective measures, including setting up multidisciplinary programmes and care and rehabilitation measures, to prevent and combat child abuse and ill-treatment of children within the family, at school and other institutions, and in society at large. It suggests, inter alia, that law enforcement should be strengthened with respect to such crimes; adequate child-friendly procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and to avoid impunity for the offenders. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The Committee encourages the State party to consider seeking international cooperation from UNICEF and international non-governmental organizations to this effect.

44. The Committee welcomes the international cooperation initiative "Strengthening Health Systems" between the Ministry of Health and several United Nations agencies (WHO, UNICEF, UNDP and UNFPA) , which aims at rebuilding the Government's capacity in the development of a national programme for immunization, in particular against polio. Nevertheless, concern is expressed that the State party's infant mortality and under-five mortality rates remain among the highest in the region. Child malnutrition is also an area of concern.

45. The Committee recommends that the State party address the issue of childhood morbidity and mortality by taking a multisectoral approach recognizing the critical role of illiteracy, lack of clean water supplies and food insecurity in the current pattern of childhood illnesses. Priority areas must be identified on the basis of baseline data collected by careful and comprehensive research. Such a strategy must take into account that most health care takes place outside health facilities and outside State control; it must also recognize the needs of particularly isolated communities. In addition, the Committee recommends that measures be put in place for establishing an efficient primary health-care sector, including strategies to encourage care-seeking for childhood illnesses. In this regard, the Committee encourages the State party to continue working in cooperation with international agencies.

46. While aware of the measures taken by the State party for the prevention of HIV/AIDS and the care of infected persons, the Committee expresses its deep concern that the State party has the fastest growing rate of HIV/AIDS infection in the region and that children are among the most affected groups, in particular due to mother-to-child transmission.

47. The Committee recommends that the State party continue to take effective measures for the prevention of HIV/AIDS, including awareness-raising and educational campaigns. The Committee further recommends that the State party take into consideration the Committee's recommendations adopted on its day of general discussion on children living in a world with HIV/AIDS (CRC/C/80) . International technical assistance from UNICEF, WHO and UNAIDS, among others, should continue to be requested in this regard.

48. The Committee expresses its deep concern that as a result of the prolonged armed conflict, the State party has one of the highest levels of disability in the world. In this regard, the Committee notes that most services for children with disabilities are provided by NGOs, which need substantial resources to maintain the current high standards of care and rehabilitation services.

49. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its day of general discussion on children with disabilities (CRC/C/69) , the Committee recommends that the State party work in close collaboration with and support the activities of NGOs working in this field in order to develop early identification programmes to prevent disabilities; implement alternative measures to the institutionalization of children with disabilities; plan and carry out awareness-raising campaigns to reduce discrimination; establish special education programmes and centres and encourage the inclusion of disabled children in the educational system and in society; and establish adequate monitoring of private institutions for children with disabilities. The Committee further recommends to the State party to seek technical cooperation for the training of professional staff working with and for children with disabilities.

50. Concern is expressed at children's limited access to health services, due notably to the shortage of medical and public health personnel and the insufficient number of primary health centres, in particular in rural areas. Concern is also expressed at the high cost of health care and medicines, which lead families into debt and greater poverty.

51. The Committee recommends that health-care services and medicines be improved and extended in order to guarantee the access of children belonging to poor families and other marginalized groups.

52. The Committee expresses its concern at the high maternal mortality rate, the limited access by teenagers to reproductive and sexual health education and counselling services, including outside the school system, and the low level of contraceptive use. Concern is also expressed that insufficient attention has been given to issues of adolescents' mental health.

53. The Committee recommends that the State party undertake a comprehensive and multidisciplinary study to determine the scope of adolescent health problems, including mental health, as a basis for promoting adolescent health policies and strengthening reproductive health education. The Committee also recommends that further efforts be undertaken for the development of child-friendly counselling services as well as care and rehabilitation facilities for adolescents.

54. While welcoming the current efforts being carried out by the State party, in cooperation with international agencies, to improve its educational system, the Committee expresses its concern at the fact that primary education is not compulsory; that although enrolment rates in primary school are relatively high, equal access to quality education is not ensured owing to a lack of schools in rural and remote areas; that there are gender disparities in school attendance; that there are high repetition and drop-out rates; and that a majority of children belonging to minority groups do not have access to any form of education.

55. The Committee recommends that the State party continue to undertake effective measures to make primary education free and compulsory for all children; to increase the enrolment rates and decrease drop-out and repetition rates; to increase access to schools, in particular for poor children, girls, children belonging to minority groups and children living in remote areas. The Committee further recommends that the State party continue to take measures to improve its education system by increasing budget allocations for the education sector; providing training to upgrade teachers' skills; making the school curricula more relevant to children's needs; expanding opportunities for vocational training and non-formal education, including at pre-school and secondary levels; and establishing an evaluation system to measure the effectiveness of the education system.

63. While welcoming the enactment of special legislation to combat sexual exploitation and the adoption of a five-year Plan of Action against Sexual Exploitation of Children (2000-2004) and other related measures in this area, the Committee expresses its concern at the widespread phenomena of child prostitution and the sale and trafficking of children; the inadequate enforcement of the new legislation on these issues; and the shortage of trained people and institutions to provide rehabilitation to the victims.

64. The Committee recommends that the State party review its legislation with a view to reinforcing it, and in the meantime to enforce fully its current legislation against sexual exploitation; that the Plan of Action be fully implemented; that sufficient resources, both human and financial, be allocated for the implementation of the Plan; that social services for the rehabilitation of child victims of sexual exploitation be strengthened and expanded; that violators be prosecuted; and that bilateral cooperation, especially with neighbouring countries, be strengthened and border controls increased. The Committee suggests that the State party seek further technical assistance from OHCHR and UNICEF, among others.

CAMEROON (2001)

Concluding observations of the Committee on the Rights of the Child: Cameroon, 06/11/2001, CRC/C/15/Add.164.

23. The Committee is concerned at the difference between the minimum legal ages for marriage of boys (18 years) and that of girls (15 years) , which is gender discriminatory and allows for the practice of early marriage, which is still widespread. The Committee is further concerned that the minimum and upper age limits have not been set for compulsory education, that a child below the age of 18 years may be recruited into the armed forces with parental consent and at the lack of a minimum age for medical counselling without parental consent.

24. The Committee recommends that the State party: (a) Raise the minimum age for marriage to 18 for both boys and girls; and develop sensitization programmes involving community leaders and society at large, including children themselves, to curb the practice of early marriage; (b) Set a minimum and upper age limit for compulsory education; (d) Set a minimum age for medical counselling without parental consent, to make access to health services possible for adolescents.

25. While noting that discrimination is prohibited under the Constitution and noting that the State party has recently taken measures to increase the enrolment in schools of girls in priority education zones, the Committee is concerned at the persistence of discrimination in the State party. In particular, the Committee is concerned at the disparities in the enjoyment of rights experienced by children belonging to the most vulnerable groups (e. g. girls, children with disabilities, children born out of wedlock; children from rural areas, least developed provinces (Far-North, North and Adamawa) ; Pygmy children and children from other marginalized population groups.

26. The Committee recommends that the State party: (a) Make greater efforts to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2; (b) Prioritize and target social services to children belonging to the marginalized and most vulnerable groups.

27. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking account of General Comment No. 1 on article 29. 1 of the Convention (aims of education).

40. While noting that child abuse is a crime under article 350 of the Penal Code, and that a national study on violence and abuse against children has been launched by the Ministry of Social Affairs, the Committee is deeply concerned at the very high incidence of abuse within family and in schools in the State party and at the lack of statistical data in this regard.

41. The Committee recommends that the State party: (a) Complete as soon as possible the study on violence at home and in schools undertaken by the Ministry of Social Affairs, and assess the scope, nature and causes of such violence, in order to adopt effective measures and policies, in conformity with article 19 of the Convention, and to contribute to changing attitudes; (b) Properly investigate cases of domestic violence and violence in schools through a child-sensitive judicial procedure, and that sanctions be applied to perpetrators, due regard being given to guaranteeing the right to privacy of the child; (c) Give appropriate weight to children's views in legal proceedings, provide support services to child witnesses in legal proceedings, and services for physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention; and take measures to prevent the criminalization and stigmatization of victims; (d) Seek technical assistance from, inter alia, UNICEF.

42. While taking note of the adoption of several national programmes relating to child survival, and the establishment of a sub-department for family health within the Ministry of Public Health, the Committee is deeply concerned at the high and increasing infant and under-five mortality rates and low life expectancy in the State party. The Committee also remains concerned that health services in the districts and local areas continue to lack adequate resources (both financial and human) . In addition, the Committee is concerned that the survival and development of children in the State party continue to be threatened by early childhood diseases, such as acute respiratory infections and diarrhoea, and by chronic malnutrition. Concern is also expressed at the poor state of sanitation and at the insufficient access to safe drinking water, especially in rural communities.

43. The Committee recommends that the State party: (a) Reinforce its efforts to allocate appropriate resources and develop and implement comprehensive policies and programmes to improve the health situation of children, particularly in rural areas; (b) Facilitate greater access to primary health-care services; reduce the incidence of maternal, child and infant mortality; prevent and combat malnutrition, especially among vulnerable and disadvantaged groups of children; promote proper breastfeeding practices; and increase access to safe drinking water and sanitation; (c) Pursue additional avenues for cooperation and assistance for child health improvement with, inter alia, WHO and UNICEF.

44. The Committee is concerned that insufficient attention has been given to adolescent health issues, including developmental, mental and reproductive health concerns, and substance abuse. The Committee is also concerned at the particular situation of girls, given, for instance, the very high percentage of early marriages, which can have a negative impact on their health.

45. The Committee recommends that the State party: (a) Undertake a comprehensive study to assess the nature and extent of adolescent health problems, with the full participation of adolescents, and use this study as a basis for the formulation of adolescent health policies and programmes, paying particular attention to adolescent girls; (b) Strengthen mental health and adolescent-sensitive counselling services and make them accessible to adolescents.

46. While noting the existence of a national AIDS prevention programme and the efforts of the State party in that respect (e. g. agreement with pharmaceutical companies to ensure cheap access to AIDS drugs) , the Committee remains extremely concerned at the high and increasing prevalence of HIV/AIDS among adults and children, and the resulting number of children orphaned by HIV/AIDS. In this regard, the Committee is concerned at the lack of alternative care for these children.

47. The Committee recommends that the State party: (a) Increase its efforts to prevent the spread of HIV/AIDS and take into consideration the recommendations the Committee adopted on its day of general discussion on children living in a world with HIV/AIDS (CRC/C/80, para. 243) ; (b) Urgently consider ways of minimizing the impact on children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to a family life, to adoption, to emotional care and education; (c) Involve children in formulating and implementing preventive policies and programmes; (d) Seek further technical assistance from, inter alia, UNAIDS.

48. While noting that the prevalence of female genital mutilation is not as high in the State party as in other countries of the region, the Committee is concerned at the use of this practice in the State party and at the lack of legal prohibition or national strategy of prevention of this practice.

49. The Committee urges the State party to adopt legislation prohibiting the practice of female genital mutilation and to implement programmes to sensitize the population about the harmful effects of this practice. The Committee recommends that the State party take advantage of the efforts in this regard made by other States in the region.

54. While noting the adoption of the Act on Education Guidelines (Act No. 98/004) and the Finance Act 2000/08, the Committee remains deeply concerned that primary education is not yet entirely free to all in the State party. The Committee is also concerned at the low education levels among children in the State party, gender, rural/urban and regional disparities in school attendance, the limited access of children with disabilities to formal or vocational educational opportunities, the number of children who are several years behind in their primary education, the high drop-out rate from school, the large number of children per classroom and the decline in the number of primary-school teachers due to the freeze on their recruitment. The Committee is also concerned at the very high prevalence of violence against, and sexual abuse of children in schools.

55. The Committee recommends that the State party: (a) Urgently implement the Finance Act 2000/08 to make primary education free to all and in addition provide financial assistance for the costs of transportation, when needed, uniforms and other school materials for poor families; (b) Raise the level of educational achievement among children through, inter alia, effectively decreasing the drop-out rate, increasing the number of classrooms and teachers, providing initial and ongoing training of teachers and school inspectors, developing standard national textbooks and increasing the rates of enrolment; (c) Ensure that children with disabilities have access to formal and vocational educational opportunities and that girls and boys, as well as children from urban, rural and least developed areas, and from marginalized groups of the population have equal access to educational opportunities; (d) Pursue its efforts to include "education for peace and tolerance", children's rights and other human rights subjects in the curricula of primary and secondary schools; (e) Address education to the aims mentioned in article 29. 1 of the Convention and the Committee's General Comment on the aims of education; (f) Monitor and enforce the ban of corporal punishment in schools and train teachers in regard to alternative measures of discipline; (g) Take measures against teachers who are violent and abusive towards students; (h) Establish child-sensitive structures for children to make complaints; (i) Take measures to prevent bullying and sexual abuse of students by other students; (j) Pursue efforts for special projects of education for children belonging to marginalized groups like the Pygmies; (k) Encourage participation of children at all levels of school life; (l) Seek assistance from UNICEF and UNESCO.

60. The Committee is deeply concerned at the large number of children being sold by their parents and subsequently exploited in the labour market. The Committee is also concerned at information on alleged instances of trafficking in children for their exploitation in the State party and in neighbouring countries. The Committee is further concerned at the possible use of intercountry adoption for the purpose of trafficking.

61. The Committee recommends that the State party: (a) Take measures to prevent and combat the sale and trafficking of children, including an awareness-raising campaign and educational programmes, particularly for parents; (b) Facilitate the reunification of child victims with their families and provide adequate care and rehabilitation for them; (c) Ratify the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

64. The Committee is concerned about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, especially among those engaged in child labour and street children. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of children victims of such abuse and exploitation.

65. In the light of article 34 and related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the extent of the commercial sexual exploitation of children, including for prostitution and pornography, and implementing appropriate policies and programmes for its prevention and for the rehabilitation and recovery of child victims, in accordance with the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996.

CANADA
(2003)

Concluding observations of the Committee on the Rights of the Child: Canada, 27/10/2003, CRC/C/15/Add. 215.

19. The Committee values the wealth of statistical data provided in the annex to the report and in the appendices to the written replies to the list of issues and welcomes the intention of the State party to establish a statistics institute for Aboriginal people. Nevertheless, it is of the opinion that the information is not sufficiently developed, disaggregated and well synthesized for all areas covered by the Convention, and that all persons under 18 years are not systematically included in the data collection relevant to children. The Committee would like to recall its previous concern and recommendation relating to information gathering (CRC/C/15/Add. 37, para. 20) , maintaining that it has not been addressed sufficiently.

20. The Committee recommends that the State party strengthen and centralize its mechanism to compile and analyse systematically disaggregated data on all children under 18 for all areas covered by the Convention, with special emphasis on the most vulnerable groups (i. e. Aboriginal children, children with disabilities, abused and neglected children, street children, children within the justice system, refugee and asylum-seeking children) . The Committee urges the State party to use the indicators developed and the data collected effectively for the formulation and evaluation of legislation, policies and programmes for resource allocation and for the implementation and monitoring of the Convention.

21. The Committee notes positive developments with respect to measures to promote and protect cultural diversity and specific legislative measures regarding discrimination, including the Multiculturalism Act, in particular as it bears upon the residential school system, the Employment Equity Act, and the amendment to the Criminal Code introducing racial discrimination as an aggravating circumstance (see also the 2002 annual report of the Committee on the Elimination of Racial Discrimination (CERD) (A/57/18) , paras. 315-343) . However, the Committee joins CERD in its concerns, in particular as they relate to children, such as those relating to the Indian Act, to the extent of violence against and deaths in custody of Aboriginals and people of African and Asian descent, to existing patterns of discrimination and expressions of prejudice in the media and to the exclusion from the school system of children of migrants with no status, and remains concerned at the persistence of de facto discrimination against certain groups of children (see also ibid. , paras. 332, 333, 335 and 337) .

22. The Committee recommends that the State party continue to strengthen its legislative efforts to fully integrate the right to non-discrimination (article 2 of the Convention) in all relevant legislation concerning children, and that this right be effectively applied in all political, judicial and administrative decisions and in projects, programmes and services that have an impact on all children, in particular children belonging to minority and other vulnerable groups such as children with disabilities and Aboriginal children. The Committee further recommends that the State party continue to carry out comprehensive public education campaigns and undertake all necessary proactive measures to prevent and combat negative societal attitudes and practices. The Committee requests the State party to provide further information in its next report on its efforts to promote cultural diversity, taking into account the general principles of the Convention.

23. The Committee, while noting reservations expressed by Canada on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, recommends that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Durban Declaration and Programme of Action and taking account of general comment No. 1 on article 29, paragraph1, of the Convention (aims of education).

26. The Committee is encouraged by the adoption of the new Citizenship of Canada Act facilitating the acquisition of citizenship for children adopted abroad by Canadian citizens. It is equally encouraged by the establishment of the First Nations Child and Family Service providing culturally sensitive services to Aboriginal children and families within their communities.

27. The Committee recommends that the State party take further measures in accordance with article 7 of the Convention, including measures to ensure birth registration and to facilitate applications for citizenship, so as to resolve the situation of stateless children. The Committee also suggests that the State party ratify the Convention relating to the Status of Stateless Persons of 1954.

32. The Committee welcomes the efforts being made by the State party to discourage corporal punishment by promoting research on alternatives to corporal punishment of children, supporting studies on the incidence of abuse, promoting healthy parenting and improving understanding about child abuse and its consequences. However, the Committee is deeply concerned that the State party has not enacted legislation explicitly prohibiting all forms of corporal punishment and has taken no action to remove section 43 of the Criminal Code, which allows corporal punishment.

33. The Committee recommends that the State party adopt legislation to remove the existing authorization of the use of "reasonable force" in disciplining children and explicitly prohibit all forms of violence against children, however light, within the family, in schools and in other institutions where children may be placed.

34. The Committee is encouraged by the commitment of the Government to strengthening health care for Canadians by, inter alia, increasing the budget and focusing on Aboriginal health programmes. However, the Committee is concerned at the fact, acknowledged by the State party, that the relatively high standard of health is not shared equally by all Canadians. It notes that equal provincial and territorial compliance is a matter of concern, in particular as regards universality and accessibility in rural and northern communities and for children in Aboriginal communities. The Committee is particularly concerned at the disproportionately high prevalence of sudden infant death syndrome and foetal alcohol syndrome disorder among Aboriginal children.

35. The Committee recommends that the State party undertake measures to ensure that all children enjoy equally the same quality of health services, with special attention to indigenous children and children in rural and remote areas.

36. The Committee is encouraged by the average decline in infant mortality rates in the State party, but is deeply concerned at the high mortality rate among the Aboriginal population and the high rate of suicide and substance abuse among youth belonging to this group.

37. The Committee suggests that the State party continue to give priority to studying possible causes of youth suicide and the characteristics of those who appear to be most at risk, and take steps as soon as practicable to put in place additional support, prevention and intervention programmes, e. g. in the fields of mental health, education and employment, that could reduce the occurrence of this tragic phenomenon.

41. The Committee reiterates its previous concern relating to the emerging problem of child poverty and shares the concerns expressed by the Committee on the Elimination of Discrimination Against Women (CEDAW) relating to economic and structural changes and deepening poverty among women, which particularly affects single mothers and other vulnerable groups, and the ensuing impact this may have on children.

42. The Committee recommends that further research be carried out to identify the causes of the spread of homelessness, particularly among children, and any links between homelessness and child abuse, child prostitution, child pornography and trafficking in children. The Committee encourages the State party to further strengthen the support services it provides to homeless children while taking measures to reduce and prevent the occurrence of this phenomenon.

43. The Committee recommends that the State party continue to address the factors responsible for the increasing number of children living in poverty and that it develop programmes and policies to ensure that all families have adequate resources and facilities, paying due attention to the situation of single mothers, as suggested by CEDAW (A/52/38/Rev. 1, para. 336) , and other vulnerable groups.

44. The Committee values the exemplary literacy rates and high level of basic education in the State party and welcomes the numerous initiatives to promote quality education, both in Canada and at the international level. The Committee is in particular encouraged by initiatives to raise the standard of education of Aboriginals living on reserves. It further notes the steps taken to address the concern of the Committee on Economic, Social and Cultural Rights (E/C. 12/1/Add. 31, para. 49) relating to addressing financial obstacles to post-secondary education for low-income students. The Committee nevertheless reiterates the concern of the Committee on the Elimination of Racial Discrimination (A/57/18, para. 337) about allegations that children of migrants with no status are being excluded from school in some provinces. Furthermore, the Committee is concerned about the reduction in education spending, increasing student-teacher ratios, the reduction of the number of school boards, the high dropout rate of Aboriginal children and the availability of instruction in both official languages only "where numbers warrant".

45. The Committee recommends that the State party further improve the quality of education throughout the State party in order to achieve the goals of article 29, paragraph1, of the Convention and the Committee's general comment No. 1 on the aims of education by, inter alia: (a) Ensuring that free quality primary education that is sensitive to the cultural identity of every child is available and accessible to all children, with particular attention to children in rural communities, Aboriginal children and refugees or asylum-seekers, as well as children from other disadvantaged groups and those who need special attention, including in their own language; (b) Ensuring that human rights education, including in children's rights, is incorporated into the school curricula in the different languages of instruction, where applicable, and that teachers have the necessary training; (c) Ratifying the United Nations Educational, Scientific and Cultural Organization Convention against Discrimination in Education of 1960; (d) Adopting appropriate legislative measures to forbid the use of any form of corporal punishment in schools and encouraging child participation in discussions about disciplinary measures.

52. The Committee is encouraged by the role Canada has played nationally and internationally in promoting awareness of sexual exploitation and working towards its reduction, including by adopting amendments to the Criminal Code in 1997 (Bill C-27) and the introduction in 2002 of Bill C-15A, facilitating the apprehension and prosecution of persons seeking the services of child victims of sexual exploitation and allowing for the prosecution in Canada of all acts of child sexual exploitation committed by Canadians abroad. The Committee notes, however, concerns relating to the vulnerability of street children and, in particular, Aboriginal children who, in disproportionate numbers, end up in the sex trade as a means of survival. The Committee is also concerned about the increase of foreign children and women trafficked into Canada.

53. The Committee recommends that the State party further increase the protection and assistance provided to victims of sexual exploitation and trafficking, including prevention measures, social reintegration, access to health care and psychological assistance, in a culturally appropriate and coordinated manner, including by enhancing cooperation with non-governmental organizations and the countries of origin.

54. The Committee regrets the lack of information on street children in the State party's report, although a certain number of children are living in the street. Its concern is accentuated by statistics from major urban centres indicating that children represent a substantial portion of Canada's homeless population, that Aboriginal children are highly over-represented in this group, and that the causes of this phenomenon include poverty, abusive family situations and neglectful parents.

55. The Committee recommends that the State party undertake a study to assess the scope and the causes of the phenomenon of homeless children and consider establishing a comprehensive strategy to address their needs, paying particular attention to the most vulnerable groups, with the aim of preventing and reducing this phenomenon in the best interest of these children and with their participation.

(1995)

Concluding Observations of the Committee on the Rights of the Child: Canada, 20/06/95, CRC/C/15/Add.37.

26. The Committee recommends that the State party strengthen its efforts to ensure that children from vulnerable and disadvantaged groups, such as aboriginal children, benefit from positive measures aimed at facilitating access to education and housing. Research should be developed on the problems relating to the growing rate of infant mortality and suicide among children within aboriginal communities.

CAPE VERDE (2001)

Concluding observations of the Committee on the Rights of the Child: Cape Verde, 07/11/2001, CRC/C/15/Add.168.

24. The Committee is concerned that the number of years of compulsory education under existing provisions is insufficient.

25. The Committee recommends that the State party: (a) Increase the number of years of compulsory education, including by extending the minimum age for leaving education; (b) Take steps to close gaps between the minimum age for work and the end of compulsory education, so as to ensure that children do not end their education prematurely to begin work; (c) Seek technical assistance from UNESCO and ILO, as appropriate, in this regard

28. The Committee is concerned that the Constitution does not include provisions prohibiting discrimination against children with disabilities and that discrimination against women, which may have an impact on their children, remains commonplace in practice.

29. The Committee recommends that the State party: (a) Ensure that the Constitution and other relevant legislation prohibit discrimination on all grounds covered by the Convention's article 2 including, in particular, discrimination on the basis of disability; (b) Strengthen its efforts to end discrimination against women through, inter alia, the use of information campaigns and programmes promoting the advancement of women.

30. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of the Committee's general comment No. 1 on article 29 (1) of the Convention on the aims of education.

39. The Committee is concerned at incidents of abuse, including sexual abuse and incest, and the mistreatment of children in the family. The Committee is concerned, in addition, at the incidence of domestic violence, which has a negative impact on children.

40. The Committee recommends that the State party make every effort: (a) To monitor and record incidents of abuse, including sexual abuse and incest, mistreatment of children and domestic violence, including violence against women in the family, making particular efforts to improve data collection on these concerns; (b) Effectively investigate cases of domestic violence and violence in schools, through a child-sensitive judicial procedure, and apply sanctions to perpetrators with due regard given to guaranteeing the right to privacy of the child; (c) Proceed with a study of violence against women and address this concern through, inter alia, the promotion of women's human rights, the strengthened implementation of relevant provisions in the Constitution and other legal instruments, and by ensuring that women have access to suitable complaint mechanisms; (d) Ensure that cultural taboos discouraging complaints of violence are broken down; (e) Give appropriate weight to children's views in legal proceedings; provide support services to child witnesses in legal proceedings and services for physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention; and take measures to prevent the criminalization and stigmatization of victims; (f) Seek technical assistance from, among others, UNICEF.

45. While noting the significant progress made, the Committee remains concerned at health problems among children such as the deaths of infants and children caused by diarrhoeal diseases, respiratory infections and malnutrition. The Committee is concerned, in particular, by the limited access to health services of children living in rural communities, and particularly on more remote islands, and the threat of HIV/AIDS.

46. The Committee recommends that the State party: (a) Pursue and strengthen its efforts to improve access to health care, including primary health care, giving particular attention to major causes of infant and child mortality and to major illnesses and diseases; (b) Give particular attention to children living in rural areas and on remote islands and to the prevention of the spread of HIV/AIDS.

51. The Committee is concerned that adolescents face numerous risks, including from life on the street, sexual exploitation, mistreatment, alcohol, tobacco and drug abuse and delinquency, and that there are no statistics available to indicate the number of adolescents exposed to these dangers. The Committee is concerned, in addition, at the high rates of teenage pregnancy, the incidence of sexually transmitted diseases, the potential spread of HIV/AIDS and the incidence of unsafe abortions occurring outside the health service structure.

52. The Committee recommends that the State party: (a) Ensure that its child rights policy takes into consideration the risks faced by adolescents and that every effort is made to ensure that adolescents have access to appropriate health, including mental health, care and legal assistance; (b) Give special attention to sexual exploitation, mistreatment, and alcohol, tobacco and substance abuse; (c) Give special attention to teenage pregnancy, sexually transmitted diseases, HIV/AIDS and unsafe abortions, including through the provision of sex education for all adolescents; (d) Ensure the provision of child-sensitive health assistance, education and counselling, in full respect of the child's right to privacy; (e) Seek technical assistance from, among others, UNFPA and WHO.

53. The Committee is concerned that the quality of education is low and, in particular, that there is a serious lack of resources and didactic material in schools, that the training of teachers remains insufficient and that the drop-out rate of children from secondary education is high. The Committee is concerned that access to pre-school education is very limited. While noting gender equality in admissions to primary education, the Committee is concerned that some adolescents are excluded from the system of compulsory education. The Committee is concerned, in addition, that not all children are fluent in both Creole and Portuguese and that these children risk being marginalized, given that school education is in Portuguese.

54. Noting efforts to increase enrolment levels, particularly to primary school, the Committee recommends that the State party: (a) Make urgent efforts to improve the quality of education throughout the education system, including through reference to the Committee's general comment No. 1 on article 29 of the Convention on the aims of education; (b) Strengthen the training of teachers and the provision of resources, including didactic materials; (c) Improve access to pre-school education for all children, giving particular attention to children from disadvantaged backgrounds; (d) Make efforts to increase the number of children completing secondary education; (e) Ensure full access for all children to compulsory education; (f) Take steps to ensure that all children are fluent in Creole and Portuguese; (g) Seek technical assistance from UNICEF in this regard.

59. The Committee is concerned at practices of sexual violence and exploitation of children, including child prostitution, primarily affecting girls but also including boys, such as on the island of Sal. The Committee is concerned that, with increasing tourism, sexual exploitation of children may increase and that there may be incidents of trafficking in children.

60. The Committee recommends that the State party: (a) Conduct a study to assess the extent of the sexual exploitation and prostitution of and potential trafficking in children; (b) Strengthen its efforts to address sexual violence and exploitation of children, including prostitution, inter alia through the judicial system, the media and through information campaigns, while also ensuring the protection of children's right to privacy and other relevant concerns; (c) Take action to prevent the trafficking of children and to identify and implement solutions; (d) Develop a National Plan of Action to address sexual exploitation, taking into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996; (e) Seek technical assistance from UNICEF.

CENTRAL AFRICAN REPUBLIC (2000)

Concluding Observations of the Committee on the Rights of the Child: Central African Republic, 18/10/2000, CRC/C/15/Add.138.

18. The Committee is concerned that an insufficient proportion of budgetary resources is devoted to implementing the provisions of the Convention.

19. In the light of article 4 of the Convention, the Committee recommends that the State party pursue its goals to increase budgetary allocations in the health and education sectors to at least 25 per cent of the national budget and to ensure adequate resource distribution for the implementation of the Convention as a whole.

20. The Committee notes with appreciation the establishment of the National Commission for the Follow-Up of the Convention on the Rights of the Child but it is concerned nevertheless that there is insufficient monitoring of the implementation of the Convention and that the State party lacks sufficient data for the formulation and implementation of policy on child rights.

21. The Committee recommends that the State party take the necessary measures to strengthen the National Commission for the Follow-Up of the Convention on the Rights of the Child. The Committee recommends in particular that the Commission be made fully independent and provided with the resources, including, for example, document translation and duplication facilities, and the authority to function effectively and to receive and investigate complaints concerning violations of children's rights. The Committee also recommends that the State party consider additional ways to improve monitoring and the use of the information gathered to strengthen efforts to implement the Convention. The Committee further recommends the strengthening of procedures for the collection of data disaggregated according to the different criteria covered by the Convention. The Committee recommends that the State party seek assistance from UNICEF in this regard.

28. The Committee is concerned that there is extensive discrimination against girls with regard, in particular, to access to education and inheritance rights. The Committee is also concerned that there is discrimination against children with disabilities and against minority populations, notably including Pygmies.

29. The Committee recommends that the State party take action to end discrimination including, in particular, discrimination against girls, discriminatory customary practices and discrimination against children with disabilities and children from minority groups. The Committee recommends that the State party address discrimination, inter alia, through improved implementation of national legislation prohibiting discrimination and through the sensitization of the population.

32. The Committee is concerned at violations of the child's right to life with regard, inter alia, to those children born in the breech position. The Committee is also concerned that many children's rights to survival and development are not respected.

33. The Committee recommends that the State party review the impact of traditional attitudes which may be harmful for children, such as attitudes with regard to children born in the breech position, and that the right to life be guaranteed. Further, the Committee urges the State party to strengthen its efforts to ensure respect for the rights to survival and development of all children.

34. The Committee joins the State party in expressing its concern for the limited respect given to the views of children, including as a result of customary and traditional practices, in schools and in the family and particularly within rural communities.

35. In light of article 12 of the Convention, the Committee recommends that the State party promote the right of children to express their views through the adoption and implementation of appropriate legislation, through the sensitization of key professional groups and the family, through use of the media and through other activities targeting the public in general and parents and schools in particular.

36. The Committee is concerned at the low levels of birth registration in the State party and at reports indicating that there are financial charges for this service.

37. In light of article 7 of the Convention, the Committee recommends that the State party make every effort to ensure the birth registration of all children, particularly in rural areas, for example via the use of mobile offices, and to ensure that birth registration services are free.

38. The Committee is concerned at violations of the right to a nationality for children whose birth has not been registered or for children born in the State party and whose parents are not nationals of the State party. The Committee joins the State party in noting that while children can acquire nationality from age 12, parents who are non-nationals have much greater difficulty in acquiring nationality.

39. The Committee recommends that the State party examine concerns relating to the access of children to a nationality and make every effort to improve respect for this right. The Committee also recommends that the State party give attention to the situation of children whose parents are unable to claim the State party's nationality.

44. The Committee is concerned at incidents of police brutality and corporal punishment committed against children, notably in Bangui.

45. The Committee recommends that the State party end all acts of violence against children, including corporal punishment, committed by, among others, members of the police forces. The Committee also recommends that the State party provide child rights training programmes for police and detention officials.

46. The Committee is deeply concerned at weaknesses in family structures and unity as a result of poverty and HIV/AIDS. The Committee is also concerned by the practices of early and forced marriage.

47. The Committee recommends that the State party provide additional support to families in combating the effects of poverty and in compensating for the loss of earnings and other support caused by illness or death from HIV/AIDS among parents. The Committee also recommends that the State party strengthen its efforts to end the practices of early and forced marriage. The Committee recommends, in addition, that support also be provided to communities as a whole. The Committee recommends that the State party seek assistance from UNICEF and WHO in this regard.

52. The Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children.

53. The Committee recommends that the State party implement measures to address the abuse and neglect of children including, inter alia, through improved monitoring, reporting and responses to such practices. The Committee recommends, in addition, that the State party sensitize parents and the population in general on this issue.

54. The Committee is concerned at the very high mortality rate among young children and the high maternal mortality rate, the high level of serious illnesses, problems related to malnutrition among children and mothers, low immunization rates and poor access to safe drinking water. The Committee is concerned, in addition, that the charging of fees for basic health care, and particularly prenatal and maternal care, may limit the access of disadvantaged children and their mothers to health services. Further, the Committee is concerned at weaknesses in the health information system and the lack of health statistics in particular.

55. The Committee urges the State party to make every additional effort to address urgently health concerns among children and adults and to improve access for the whole population, including poor families, to health services. The Committee urges the State party in particular to consider and apply means through which charges for health services can be removed or reduced for disadvantaged children and mothers and to improve the decentralization of effective health services. The Committee recommends that the State party make free medical assistance available to pregnant women, including the assistance of trained professionals during childbirth. The Committee urges the State party to continue to seek international cooperation in this regard, including from UNICEF, WHO and others.

56. The Committee is deeply concerned at the high level of HIV/AIDS infection among children or their parents or other persons, such as teachers, with a particular responsibility towards children.

57. The Committee urges the State party to strengthen its efforts to combat HIV/AIDS infection, including through efforts to combat tuberculosis. The Committee also urges the State party to consider ways of minimizing the impact upon children of HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to a family life, to emotional care and education.

58. The Committee is concerned at the practice of female genital mutilation in some areas of the State party.

59. The Committee urges the State party to end female genital mutilation, inter alia through the development and implementation of legislation and programmes prohibiting and addressing the practice and through sensitization of the population. The Committee recommends that the State party take advantage of the efforts in this regard made by other States.

60. The Committee is concerned at the limited availability of health assistance for adolescents and of reproductive health education and assistance for adolescents and adults. The Committee is also concerned at the number of pregnancies and the incidence of sexually transmitted diseases, including HIV/AIDS, among adolescents.

61. The Committee recommends that the State party improve the provision of health assistance to adolescents and of reproductive health education and assistance to both adolescents and adults. The Committee recommends that the State party make special efforts to address the incidence of pregnancy and sexually transmitted diseases among adolescents including through the provision of child-friendly counselling.

64. The Committee is concerned that the rights of children with disabilities are respected to only a very limited extent. The Committee is particularly concerned at the need for improved access for children with disabilities to specialized health and care assistance.

65. The Committee, noting that a policy for the advancement of persons with disabilities has been submitted to the National Assembly, recommends that the State party focus its activities on behalf of children with disabilities on supporting their families in order to prevent their being institutionalized. Further, the Committee recommends that the State party improve the overall protection of the rights of children with disabilities including, in particular, through the improvement of access for children with disabilities to specialized health and care assistance. The Committee urges the State party to apply the recommendations made during the Committee's day of general discussion on children with disabilities and the relevant United Nations guidelines on disability.

66. The Committee acknowledges the State party's efforts to establish a social security system, but joins the State party in expressing concern at the limited access of members of the population to such assistance.

67. The Committee encourages the State party to make every effort to ensure that, at a minimum, children from poorer families and communities, including rural communities, have access to basic health and other services which are either free or within their means.

70. The Committee is deeply concerned at the low education levels among children in the State party, the number of children who are several years behind in their primary education, the high drop-out rate of children who do attend school and the closing of many schools and classes because of a lack of teachers. Further, the Committee remains concerned at the difficulties linked to the introduction of the national language into schools.

71. The Committee recommends that the State party make every effort to raise the level of educational achievement among children through, inter alia, increasing the number of available schools and classes, providing for the initial and ongoing training of more teachers and school inspectors, developing standard national textbooks, increasing the rates of enrolment and providing assistance with school fees, uniforms and other equipment for poor families. The Committee urges the State party to seek international assistance in this regard, including from UNICEF and UNESCO. The Committee further recommends that the State party continue to make every effort, including through the allocation of relevant material and other resources, to standardize the use of the Sango language in schools.

84. The Committee is concerned that children may be at risk of being sold or made to engage in prostitution.

85. The Committee recommends that the State party monitor and address any incidents involving the sale or prostitution of children and consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

CHAD (1999)

Concluding Observations of the Committee on the Rights of the Child: Chad, 24/08/99, CRC/C/15/Add.107.

22. With regard to the situation of children deprived of a family environment, the Committee expresses its concern at the insufficient number of alternative care centres and the lack of support and supervision of the existing ones established by non-governmental organizations. The Committee is also concerned about the conditions of children living in informal types of placement (intra-family "adoption") , whose situation is not periodically reviewed in accordance with article 25 of the Convention. The Committee recommends that the State party take all appropriate measures to establish alternative care centres for children deprived of a family environment, and to set up monitoring for public and private care institutions. In the light of article 25 of the Convention, the Committee further suggests that the State party undertake a study to review the conditions of children living in an informal type of placement.

23. The Committee takes note of the imminent ratification of the Hague Convention of 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption, but remains concerned about the widespread use of traditional customary practices for "intra-family" adoption. The Committee encourages the State party to strengthen its legal provisions regarding domestic adoption.

24. While noting that legislation is being drafted to protect children from all forms of abuse, including forced marriage and incest, the Committee expresses its concern at the insufficient awareness and lack of information on ill-treatment and abuse, including sexual abuse, both within and outside the family, especially in schools and other institutions. It is also concerned at the insufficient legal protection measures, resources and trained personnel to prevent and combat such abuse. The lack of rehabilitation measures for the physical and psychological recovery of abused children is also a matter of concern. In the light of article 19 of the Convention, the Committee recommends that the State party take all appropriate measures, including adoption of the proposed legislation, to prevent and combat ill-treatment, including domestic violence and sexual abuse of children. Law enforcement should be strengthened with respect to such crimes; adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as special rules of evidence, and special investigators or community focal points.

25. The Committee is concerned about the use of corporal punishment in families, schools and other institutions. It is concerned about existing legislation that allows the use of corporal punishment in families and correctional facilities, and particularly concerned about its continued use in some religious schools in spite of legislation banning corporal punishment in schools. The Committee encourages the State party to review its policies and legislation in order to eliminate corporal punishment as a method of discipline, and to improve enforcement of the legislation banning corporal punishment in schools. It recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention. Finally, the Committee encourages the State party to seek international assistance and advice to overcome traditional social and religious attitudes regarding corporal punishment.

26. In relation to the situation of children with disabilities, the Committee expresses its concern at the limited infrastructure, qualified staff and specialized institutions, while welcoming the efforts of the State party to increase available services to children with disabilities. The Committee is also concerned about the lack of legislation protecting children with disabilities against discrimination, and about the difficulties encountered in addressing also the special needs of children with mental disabilities. The Committee recommends that the State party increase its efforts to give adequate attention to the special needs of children with mental and physical disabilities, to encourage the inclusion of disabled children in society. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities.

27. While the Committee notes with appreciation the State party's efforts to combat infant and child mortality and the important role played by international technical assistance in this regard, it is still concerned about the prevalence of malnutrition, as well as the limited access to health services. The persistence of health problems related to insufficient access to safe water and sanitation are also a matter of concern. The Committee suggests that the State party increase its efforts, with continued support from international assistance, to make basic health care, safe water and sanitation accessible to all children. In particular, concerted efforts are needed to combat malnutrition and ensure the implementation of the recently adopted national plan of action for nutrition.

28. While the Committee acknowledges the State party's efforts to combat and prevent the transmission of HIV/AIDS, it expresses its deep concern at the spread of the epidemic and its direct and indirect effects on children. The Committee encourages the State party to refer to the Committee's recommendations formulated during the day of general discussion on children living in a world with HIV/AIDS (see CRC/C/80, para. 243) , and to seek international cooperation from UNICEF, WHO and UNAIDS to set up programmes relating to the incidence and treatment of children infected with or affected by HIV/AIDS.

29. While welcoming the State party's efforts to adopt measures, both legal and educational, to eradicate the practice of female genital mutilation and other harmful traditional practices affecting the health of children, the Committee remains concerned at the difficulties encountered in eliminating such practices. The Committee encourages the State party to adopt the proposed legislation and strengthen its measures to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of the child. It encourages the State party to continue carrying out awareness-raising campaigns and sensitization programmes for traditional and religious leaders and for practitioners of female genital mutilation.

30. The Committee acknowledges the State party's efforts in the area of adolescent health, but it remains concerned at the high rate of early pregnancy, and the lack of access by teenagers to reproductive health education and services and to emergency care. It is also concerned at the impact that punitive legislation regarding abortion can have on maternal mortality rates for adolescent girls. The Committee suggests that a comprehensive and multi-disciplinary study be undertaken to understand the scope of adolescent health problems, including the negative impact of early pregnancy and illegal abortion. The Committee encourages the State party to review its practices under the existing legislation authorising abortions for therapeutic reasons with a view to preventing illegal abortion and to improving protection of the mental and physical health of girls. The Committee also encourages the State party to seek continuing assistance from, inter alia, UNICEF and WHO, to promote adolescent health policies and programmes, including by strengthening reproductive health education and counselling services.

CHILE (2002)

Concluding Observations of the Committee on the Rights of the Child: Chile, 01/02/2002, CRC/C/15/Add.173.

22. The Committee expresses its concern at the low minimum age for Marriage (12 years of age for girls and 14 years of age for boys with the parents' consent) , although this provision is outdated and not implemented in practice. It further notes that the Committee's previous recommendation on addressing the question of the minimum age of criminal responsibility (ibid. , para. 17) was not implemented.

23. The Committee recommends that the State party review its legislation with a view to increasing the minimum age for marriage of girls to that of boys in order to bring it into full conformity with the provisions and principles of the Convention and to setting up a minimum age for criminal responsibility.

26. The Committee, while noting the development of the National Plan to Overcome Discrimination in Chile 2001-2006, is concerned that the principle of non-discrimination (art. 2 of the Convention) is not fully implemented for children belonging to indigenous groups; poor children; girls; children with disabilities; and children living in rural areas, especially with regard to their access to adequate health care and educational facilities.

27. The Committee recommends that the State party: a) monitor the situation of children, in particular those belonging to the above-mentioned vulnerable groups, who are exposed to discrimination; and b) develop, on the basis of the results of this monitoring, comprehensive strategies containing specific and well targeted actions aimed at eliminating all forms of discrimination, including racial and xenophobic discrimination against indigenous children and implement the National Plan to Overcome Discrimination in Chile 2001-2006.

28. The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of General Comment no. 1 on article 29(1) of the Convention (aims of education) .

37. The Committee is deeply worried about the report it has received on the widespread practice of child abuse within the family and in institutions, including those run by SENAME. It is concerned at the lack of data and information on child abuse and neglect, at the inadequacy of measures, mechanisms and resources to prevent and combat physical and sexual abuse and neglect of children, including the institutionalisation of child victims of abuse, and at the limited number of services for abused children, in particular in rural areas.

38. In light of article 19 of the Convention and in line with its previous recommendation (ibid., para.6), the Committee recommends that the State party: (a) Undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, within the family and in institutions in order to assess the extent, scope and nature of these practices; (b) Adopt as soon as possible and implement effectively the draft National Service for the Protection of Children's Rights Act, and in that regard provide the new institution with adequate human and financial resources; (c) Ensure that there are clear and well publicised procedures to enable children to make complaints about their treatment to an independent body with appropriate powers of investigation and action; (d) Investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse, within the family and in institutions within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy; (e) Do the outmost to avoid institutionalisation of child victims of abuse; (f) Take measures to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention; (g) In light of article 25 of the Convention, ensure that children placed in institutions and other forms of alternative care are regularly monitored and supervised; (h) Take into account the Committee's recommendations adopted at its days of general discussion on "Violence Against Children within the Family and in Schools" (CRC/C/111) and on "State Violence against Children" (CRC/C/100) ; (i) Seek, in this regard, international cooperation and technical assistance from, among others, UNICEF and WHO.

39. While noting the decrease in the infant and child mortality rates and the reform process which is under way since the early 1990s, the Committee is nevertheless concerned at the great disparities existing within these rates, in particular with regard to indigenous children, those living in rural areas, those with a lower socio-economical origin, and those with a mother with a low level of education. It further notes that maternal mortality rates may not reflect actual cases related to complications resulting from illegal abortions, in particular those affecting pregnant adolescents.

40. The Committee recommends that the State party: (a) Allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of all children without discrimination, in particular by focusing more on primary health care and decentralising the health-care system; (b) In order to prevent child mortality and morbidity and maternal mortality rate, provide adequate antenatal and postnatal health-care services and develop campaigns to inform parents about basic child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation, family planning and reproductive health, especially in rural areas.

41. While noting the development of a National Policy for Adolescent Health in 1999, the Committee is concerned at the limited availability of programmes and services, in the field of adolescent health, including mental health, especially in rural areas and the lack of sufficient prevention and information programmes in schools. Further, it expresses its concern about the high rates of early pregnancy and the lack of information, counselling and preventive programmes on reproductive health, including the lack of adequate access to contraceptives, in particular in rural areas. It also notes the rise in the number of children and youths using drugs, and the growing number of cases of HIV/AIDS among the youth.

42. The Committee recommends that the State party: (a) Implement in an effective way the National Policy for Adolescent Health, especially in rural areas, and increase its efforts to promote adolescent health, including mental health, policies, particularly with respect to reproductive health and substance abuse, and strengthen the programme of health education in schools; (b) Undertake a comprehensive and multidisciplinary study to assess the scope and nature of adolescent health problems, including the negative impact of STDs and HIV/AIDS, and continue to develop adequate policies and programmes; (c) Undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health, and to develop youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child; and (d) Seek technical cooperation from, among others, UNFPA, UNICEF, WHO and UNAIDS.

45. The Committee, while noting the increase in the school attendance rate, expresses its concern at the difficult access to education, high drop-out and repetition rates which affects in particular indigenous children, poor children and the ones living in rural areas; the low enrolment rate for pre-school education; the low rate of children reaching secondary education and the treatment of children with behavioural problems. It further notes with concern the important number of pregnant children who are excluded from school and that government measures to avoid this situation are not implemented, especially in private schools.

46. In light of articles 28 and 29 of the Convention, the Committee recommends that the State party: (a) ensure regular attendance at schools and the reduction of drop-out rates, especially with regard to indigenous children; (b) develop appropriate measures to deal with children with behavioural problems without resorting to expulsion from school; (c) ensure that measures are effectively implemented in order for pregnant girls to continue attending school both during and after their pregnancy; (d) improve the quality of education in order to achieve the goals mentioned in article 29(1) , in line with the Committee's general comments No. 1 on the aims of education.

51. The Committee, while taking note of the establishment of a Working Group to prepare a Plan of Action against Sexual Commercial Exploitation of Children, expresses its concern, with regard to the phenomenon of commercial sexual exploitation of children, there are no data available, legislation is inadequate, cases involving sexually exploited children are often not investigated and prosecuted, child victims are registered and therefore may be subjected to criminalisation, and social reintegration programmes are not available. It further notes that prostitution of boys is on rise.

52. In light of article 34 of the Convention, the Committee recommends that the State party: (a) Undertake a study on this issue in order to assess its scope and causes, enable effective monitoring of the problem and develop all necessary measures and programmes to prevent, combat and eliminate sexual exploitation and abuse of children, including by developing social reintegration programmes; (b) Decriminalise prostitution of children and protect children from commercial sexual exploitation up to the age of 18; (c) Develop and adopt a national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children; and (d) In this regard, seek international cooperation from, among others, UNICEF, ILO and WHO.

CHINA (1996)

Concluding Observations of the Committee on the Rights of the Child: China, 07/06/96, CRC/C/15/Add.56.

12. It is the Committee's view that inadequate measures taken in the field of social security may have led to an over-reliance on children providing future care and support to their parents. This may have contributed to the perpetuation of harmful traditional practices and attitudes such as a preference for boys, to the detriment of the protection and promotion of the rights of girls and of disabled children.

15. While noting the measures taken to confront the problems of discrimination on the grounds of gender and disability, the Committee remains concerned at the persistence of practices leading to cases of selective infanticide.

31. A review of the policy in place for the implementation of Article 4 of the Convention is recommended by the Committee. The Committee wishes to emphasize that the focus of any such review should be in relation to the measures being taken to reduce regional and urban-rural disparities in the allocation of resources for the rights of the child, especially with respect to health and education.

36. It is the Committee's view that family planning policy must be designed to avoid any threat to the life of children, particularly girls. The Committee recommends in this regard that clear guidance be given to the population and the personnel involved in the family planning policy to ensure that the aims it promotes are in accordance with principles and provisions of the Convention, including those of its Article 24. The State party is urged to take further action for the maintenance of strong and comprehensive measures to combat the abandonment and infanticide of girls as well as the trafficking, sale and kidnapping or abduction of girls.

COLOMBIA
(2000)

Concluding observations of the Committee on the Rights of the Child: Colombia, 16/10/2000, CRC/C/15/Add.137.

23. With regard to its recommendation concerning the collection and analysis of reliable quantitative and qualitative information (see CRC/C/15/Add. 30, para. 15) , the Committee welcomes the steps taken to develop a national system of socio-economic indicators on the situation of children, as a basis for the design, evaluation and follow-up of policies and programmes for children. Nevertheless, it remains concerned that the current system does not include all the areas covered by the Convention. The lack of a system to monitor compliance with the Convention is also an area of concern.

24. The Committee recommends that the State party continue to develop and strengthen its data-collection system, with a view to including all areas covered by the Convention. Such a system should cover all children under 18 years of age and specifically emphasize vulnerable groups of children.

25. The Committee further recommends that the State party establish an independent and effective system for monitoring the Convention, with a view to assessing progress achieved in the realization of children's rights and evaluating policies for better implementation of the provisions of the Convention. In this regard, the Committee encourages the State party to seek international assistance from, inter alia, UNICEF.

32. Concern is expressed at the existing patterns of economic and social disparity, and of gender and racial discrimination; at the marginalization of children belonging to the Afro-Colombian and indigenous populations; and at the precarious situation of children belonging to internally displaced populations, especially regarding their limited access to housing, education and health services.

33. In the light of article 2 and other related articles of the Convention, the Committee recommends that the State party increase measures to reduce economic and social disparities, including between urban and rural areas; to prevent discrimination against the most disadvantaged groups of children, such as girls, children with disabilities, children belonging to indigenous and ethnic groups, children living in and/or working on the streets, children living in camps for internally displaced populations and children living in rural areas; and to guarantee their full enjoyment of all the rights recognized in the Convention.

34. In the light of article 6 and other related provisions of the Convention, the Committee is deeply concerned at the threat posed by the armed conflict to children's lives, including instances of extrajudicial killing, disappearance and torture committed by the police and paramilitary groups; at the multiple instances of "social cleansing" of street children; and at the persistent impunity of the perpetrators of such crimes.

35. The Committee reiterates its recommendation that the State party continue taking effective measures to protect children from the negative effects of the armed conflict. The Committee urges the State party to protect children against "social cleansing" and to ensure that judicial action be taken against the perpetrators of such crimes.

36. While the Committee notes the State party's efforts in the area of birth registration, it remains concerned that greater efforts are needed to ensure that all children are registered and are provided with identity cards in order to facilitate the full enjoyment of their rights.

37. In the light of article 7 of the Convention, the Committee recommends that the State party continue its measures to ensure the immediate registration of the birth of all children. Special emphasis should be placed on the registration of children belonging to the most vulnerable groups, including children living in areas affected by the armed conflict and in camps for internally displaced groups.

38. In the light of its recommendation (see CRC/C/15/Add.30, para. 17) concerning the need to conduct special investigations in cases of gross violations of human rights involving children, the Committee regrets the lack of follow-up information on this issue and reiterates its concern about alleged cases of street children tortured and ill-treated by members of the police and/or paramilitary groups.

39. The Committee urges the State party to undertake effective measures to ensure that such acts receive an appropriate response through the judicial process, in order to avoid impunity for the perpetrators. The Committee further recommends that the State party establish care and rehabilitation programmes for child victims of torture and ill-treatment.

40. The Committee remains deeply concerned at the large numbers of children who have been deprived of a family environment as a consequence of abandonment by, the death of, or separation from their parents. In this regard, concern is expressed, inter alia, at reports regarding difficulties and slow progress in tracing separated families and children; the lack of adequate mechanisms of protection for children living in institutions; the placement of children in institutions for long periods and the predominance of the use of placement in institutions over the development of alternative care measures.

41. The Committee further reiterates its concern that children deprived of their family environment may increasingly travel to the main cities, where they may live on the streets and be particularly vulnerable to exploitation and abuse (see the Committee's recommendation, CRC/C/15/Add.30, para. 17).

42. The Committee recommends that the State party develop additional programmes to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions. The Committee urges the State party to make every effort to strengthen family tracing programmes and to increase its efforts in providing support, including training for parents, to discourage the abandonment of children. The Committee further recommends that the State party ensure adequate periodic review of the placement of children living in institutions.

45. With regard to its recommendations on the situation of domestic violence (see CRC/C/15/Add.30, para. 21) , the Committee welcomes the adoption of special legislation criminalizing domestic violence, but it remains concerned that physical and sexual abuse - within and outside the family - still widely exist in society. Concern is also expressed at the insufficient allocation of resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for victims and their limited access to justice are also matters of concern.

46. In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take effective measures, including reinforcing current multidisciplinary programmes and rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. It suggests, inter alia, that law enforcement should be strengthened with respect to such crimes and that procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and to avoid impunity for the offenders. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF.

47. While acknowledging the measures taken to improve the health status of children, in particular initiatives relating to the reduction of infant mortality, the Committee remains concerned about the persistence of regional disparities in access to health care and of high rates of malnutrition for children under five years of age and those of school age, especially in rural and remote areas and, in particular, among children belonging to indigenous groups.

48. The Committee is also concerned about the high maternal mortality and teenage pregnancy rates, as well as about insufficient access by teenagers to reproductive health education and counselling services. In this connection, concern is expressed that the practice of abortion is considered the leading cause of maternal mortality (see the concern expressed by the Committee on the Elimination of Discrimination against Women (CEDAW) : A/54/38, para. 393) . The increasing rates of substance abuse and of HIV/AIDS among children and adolescents and the constant discrimination they are exposed to are also matters of concern.

49. The Committee recommends that the State party continue taking effective measures to ensure access to basic health care and services for all children. More concerted efforts need to be taken to guarantee equal access to health care and to combat malnutrition, with special emphasis on children belonging to indigenous groups and children living in rural and remote areas, as well as in camps for internally displaced populations. The Committee recommends that the State party continue with its efforts to prevent HIV/AIDS and take into consideration the recommendations the Committee adopted on its Day of General Discussion on "Children living in a world with HIV/AIDS" (CRC/C/80, para. 243) . The Committee also recommends that further efforts be undertaken to develop child friendly counselling services, as well as care and rehabilitation facilities for adolescents. In this regard, the Committee encourages the State party to continue working in this field in cooperation with, inter alia, WHO, UNICEF and UNAIDS.

50. With regard to the situation of children with disabilities, the Committee remains concerned at the lack of adequate infrastructure, at the limited qualified staff and specialized institutions for these children, and at the absence of adequate resources, both financial and human. In addition, the Committee is particularly concerned at the lack of governmental inclusion policy and programmes for children with disabilities and at the lack of monitoring of private institutions for these children.

51. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee's recommendations adopted on its Day of General Discussion on "Children with Disabilities" (CRC/C/69, para. 338) , the Committee recommends that the State party develop early identification programmes to prevent disabilities; implement alternative measures to the institutionalization of children with disabilities; envisage awareness-raising campaigns to reduce discrimination against them; establish special education programmes and centres, and encourage their inclusion in the educational system and in society; and establish adequate monitoring of private institutions for children with disabilities. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities.

52. While the Committee notes with appreciation the State party's achievements in the field of education, it remains concerned about the high drop-out and repetition rates in primary and secondary school, and at the disparities in access to education between rural and urban areas. The Committee is particularly concerned about the situation of children belonging to Afro-Colombian and indigenous groups, as well as those living in camps for the displaced regarding their access to education and the low relevance of the current bilingual educational programmes available for them.

53. In the light of articles 28, 29 and other related articles of the Convention, the Committee recommends that the State party continue with its efforts to strengthen its educational policies and system in order to improve ongoing retention programmes and vocational training for drop-out students; to extend coverage and to improve the quality of education, respecting geographical and cultural diversity; and to improve the relevance of bilingual education programmes for children belonging to indigenous and Afro-Colombian groups. Furthermore, in view of the ongoing armed conflict in the State party, the Committee recommends that the State party strengthen its programmes on human rights education, including on the rights of the child, in its teacher training programmes and school curricula, and ensure that every child receives such education. The Committee encourages the State party to consider seeking technical assistance in this area, inter alia, from the Office of the High Commissioner for Human Rights, UNICEF and UNESCO.

60. The Committee expresses its concern that the State party has one of the largest internally displaced populations in the world, forced to leave their home towns owing to the high level of violence in certain regions of the country. The Committee is also concerned about the social deprivation faced by these populations, mainly composed of women and children, especially their limited access to housing, health services and education. The Committee is further concerned about reports that many displaced persons have been the victims of grave human rights violations and about the thousands of displaced families who have fled to neighbouring countries, where refugee status has been denied them by the local authorities.

61. The Committee recommends that the State party give the highest priority to the protection of the rights of children belonging to internally displaced groups. In this regard, the Committee endorses the recommendations made in the reports of the Special Representative of the Secretary-General on Internally Displaced Persons to the Commission on Human Rights on the situation in the State party (see E/CN. 4/2000/83/Add.1 and Add.2) , and recommends that the State party, in cooperation with the international community, urgently follow up these recommendations, in particular that on the incorporation of the Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2) in the State party's legislation and policies on internally displaced persons.

67. While noting with appreciation the revisions to the State party's Penal Code and the establishment of a national plan of action to combat and prevent the sexual exploitation of children, the Committee remains concerned at the insufficient awareness among the population of these issues.

68. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party fully implement its national plan of action to prevent and combat this phenomenon and that it continue conducting awareness raising campaigns on this issue. The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996. Furthermore, the Committee encourages the State party to ratify the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

69. While the Committee takes note of the State party's efforts to combat the trafficking and sale of children, it remains concerned about the lack of adequate preventive measures in this area.

70. The Committee recommends that measures be taken on an urgent basis, such as a comprehensive programme to prevent and combat the trafficking and sale of children, including an awareness-raising campaign and educational programmes, in particular in the rural areas and for concerned governmental officials.

71. Furthermore, the Committee welcomes the State party's signature of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and encourages the State party to ratify and implement it as soon as possible.

(1995)

Concluding Observations of the Committee on the Rights of the Child: Colombia, 15/02/95, CRC/C/15/Add.30.

16. The Committee recommends that the State party, in the light of Articles 3 and 4 of the Convention, undertake all appropriate measures to the maximum extent of the available resources to ensure that sufficient budgetary allocation is provided to services for children, particularly in the areas of education and health, and that particular attention is paid to the protection of the rights of children belonging to vulnerable groups.

COMOROS (2000)

Concluding Observations of the Committee on the Rights of the Child: Comoros, 23/10/2000, CRC/C/15/Add.141.

21. The lack of a uniform and clear definition of the age of majority in the Comoran legislation is a matter of concern. The lack of a uniform minimum legal age for marriage for both boys and girls and the occurrence of early marriages are also areas of concern.

22. The Committee recommends that the State party: continue its efforts to harmonize existing provisions concerning the age of majority to establish one clear age at which the child legally becomes an adult; increase the legal minimum age for marriage and ensure non-discrimination against girls in this regard; and consider the need for effective public information and sensitization activities to discourage early marriage.

23. With regard to article 2 of the Convention, the Committee expresses its concern at patterns of discrimination on grounds of gender, religion, ethnic origin, disability and birth or other status (e. g. , children born out of wedlock).

24. The Committee recommends that the State party increase its efforts to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention and address those cases which continue to occur affecting all vulnerable groups, and particularly girls, children with disabilities and children born out of wedlock. The Committee also urges the State party to give particular attention to addressing discrimination against both girls and women, inter alia, by reviewing domestic legislation so as to ensure that discriminatory provisions, including those affecting inheritance rights, are removed and that adequate protection from discrimination is provided.

25. The Committee is seriously concerned at the way in which the principle of respect for the views of the child (art. 12) is interpreted in the State party, especially since, according to the report, a child needs to be "trained" to become a human being. In addition, with s participatory rights, concern is expressed about the insufficiency of the measures taken by the State party, especially to promote the participation of children in the family, in the community, at school and in other social institutions, as well as to ensure the effective enjoyment of their fundamental freedoms, including freedom of opinion, expression and association.

26. The Committee emphasizes the importance of promoting respect for the views of the child and encouraging child participation. In this regard, it encourages the State party to promote public awareness of the participatory rights of children and urges the adoption of effective measures to ensure respect for the views of the child within schools, families, social institutions and in the care and judicial systems, in accordance with the provisions of article 12 of the Convention.

27. The Committee is concerned at the limitations in the State party's birth registration system, which prevent an accurate statement of the identity or age of a child and can make it very difficult for the protection afforded to children by domestic legislation or by the Convention to be enforced.

28. In the light of article 7 of the Convention, the Committee recommends that the State party establish as quickly as possible the practice of systematic birth registration for all children born within the national territory. The Committee further urges the State party to proceed with the registration of those children who have not been registered. In addition, the Committee encourages the State party to ensure that birth registration procedures are widely known and understood by the population at large.

29. While noting the positive aspects of the placement of children in informal foster care, in particular of children from rural areas, for educational reasons, the Committee is concerned at the lack of adequate monitoring to prevent possible abuse of these children, such as their use as domestic workers.

30. The Committee recommends that the State party undertake the necessary measures to establish outside supervision of these placements, in order to prevent the child being abused by his/her foster family.

31. Concern is expressed at the insufficient awareness regarding the harmful consequences of ill-treatment and abuse of children, including sexual abuse, both within and outside the family. While aware that the draft family code aims at the protection of the dignity of the child, the Committee is concerned that the practice of corporal punishment in the home is socially and legally accepted, particularly for boys. The practice of corporal punishment in Koranic schools is also a matter of concern.

32. The Committee recommends that the State party take effective measures, to prevent and combat child abuse and ill-treatment of children within the family, at school and in other institutions, and in society at large. Furthermore, educational programmes should be established to combat traditional attitudes in society regarding this issue. In particular, the Committee recommends that the State party include in its legislation a specific prohibition on the use of corporal punishment within the family and at school. The Committee encourages the State party to consider seeking to this effect international cooperation from, inter alia, UNICEF and international non-governmental organizations.

33. The Committee expresses its concern at the State party's high infant and maternal mortality rates, the large number of births taking place outside the hospital system and the high rate of malnutrition among children. Concern is expressed at children's limited access to the health services, especially with regard to the shortage of medication and technical equipment, and of medical and public health personnel. The spread of the HIV/AIDS epidemic and its direct and indirect effects on children, as well as the general lack of attention to the health problems of adolescents, are also matters of concern.

34. The Committee encourages the State party to increase its efforts in the health sector, including through the strengthening of data collection and disease surveillance mechanisms, the allocation of adequate resources and the reinforcement of training and support for health sector staff. It recommends that the State party ensure equitable access to existing health-care services and that it make every effort to increase vaccination coverage. The Committee urges the State party to adopt, in cooperation with international agencies, effective plans to combat childhood and maternal mortality, such as the WHO/UNICEF Integrated Management of Childhood Illness scheme.

35. The Committee recommends that the State party continue taking effective measures for the prevention of HIV/AIDS, including awareness raising and educational campaigns. The Committee further recommends that the State party take into consideration the Committee's recommendations adopted on its Day of General Discussion on "Children living in a world with HIV/AIDS" (CRC/C/80, para. 243) . International technical assistance from, inter alia, UNICEF, WHO and UNAIDS, should continue to be requested in this regard.

36. The Committee also recommends that the State party study and effectively address the health problems of adolescents, in particular in the area of reproductive health education and the prevention of teenage pregnancies.

37. Concern is expressed at the situation of children with disabilities who are marginalized and discriminated against. The Committee expresses its concern regarding the lack of legal protection, programmes, facilities and services for children with disabilities, aimed at facilitating their development and full integration in society.

38. In the light of article 23 of the Convention, of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee's recommendations adopted at its Day of General Discussion on "The rights of children with disabilities" (CRC/C/69, para. 338) , the Committee recommends that the State party establish special education programmes for children with disabilities and actively seek their inclusion in society. The Committee further recommends that the State party conduct an assessment of the number of children with disabilities, the type of disabilities and the needs of children with disabilities with regard to rehabilitative and other forms of care. The Committee encourages the State party to seek technical assistance, including for the training of professional staff working with and for children with disabilities, from, inter alia, UNICEF and WHO.

39. The Committee expresses its concern at the situation of a growing number of children who, owing to rural exodus and poverty, are forced to live and work on the streets.

40. The Committee recommends that the State party establish special programmes to address the situation of children living and/or working in the streets. Moreover, the State party should ensure that these children have access to: health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with families; comprehensive education, including vocational and life-skills training; and legal aid. The Committee recommends that the State party seek assistance from, inter alia, UNICEF.

41. The Committee also expresses its concern at the problems of environmental degradation in the State party, including very limited access to drinkable water, and at the precarious conditions of housing facilities for families.

42. In the light of article 24 (c) of the Convention, the Committee recommends that the State party take all appropriate measures, including through international cooperation, to prevent and combat the damaging effects of environmental degradation on children, including pollution and contamination of water supplies. The Committee also recommends that the State party take effective measures, including through international cooperation, to improve housing facilities for families.

43. The Committee expresses its concern that school enrolment ratios are low and equal access to education is not ensured; at the high level of illiteracy in the country and at gender disparities in school attendance and high drop out rates. The Committee is also concerned that the education system is affected by a general lack of facilities and equipment, insufficient qualified teachers, and a drastic shortage of text books and other learning materials.

44. The Committee recommends that the State party continue its efforts to promote and facilitate school attendance, particularly among girls. In the light of article 28 of the Convention, the Committee recommends that the State party take effective measures to ensure that primary education is available to all, to improve the quality of teaching and to reduce drop-out rates. The Committee encourages the State party to seek to strengthen its educational system, if necessary by seeking further international assistance, from inter alia, UNICEF and UNESCO.

50. The Committee is concerned that as a result of the current socio-economic crisis in the State party, it is very likely that children may start to become victims of sexual exploitation, sale and pornography.

51. The Committee recommends that the State party take all available measures, including legal ones, for the prevention and combat of this phenomenon. The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996. In this regard, the Committee encourages the State party to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

COSTA RICA
(2000)

Concluding Observations of the Committee on the Rights of the Child: Costa Rica, 24/02/2000, CRC/C/15/Add.117.

15. With regard to the implementation of article 2 of the Convention, the Committee expresses its concern at the manifestations of xenophobia and racial discrimination against immigrants, particularly children belonging to Nicaraguan families residing illegally in the State party's territory; at the marginalization of children belonging to indigenous populations and to the Black Costa Rican ethnic minority; and at the regional disparities, in particular between the developed Central Valley and the less developed coastal regions and border areas. The Committee recommends that the State party increase measures to reduce socio-economic and regional disparities; and to prevent discrimination against the most disadvantaged groups of children, such as the girl child, children with disabilities, children belonging to indigenous and ethnic groups, children living in and/or working on the streets and children living in rural areas. Furthermore, the Committee also recommends that the State party undertake educational campaigns to raise awareness in order to prevent and combat discrimination on the grounds of gender, ethnic and/or national origin. In this regard, the Committee endorses the recommendations made by the Human Rights Committee (CCPR/C/79/Add.107) and the Committee for the Elimination of Racial Discrimination (CERD/C/304/Add. 71).

20. While the Committee takes note of the State party's efforts to prevent and combat cases of abuse and ill-treatment of children, it is of the opinion that these measures need to be reinforced. Concern is also expressed at the insufficient awareness regarding the harmful consequences of neglect and abuse, including sexual abuse, both within and outside the family. Concern is also expressed at the insufficient resources, both financial and human, as well as at the lack of adequately trained personnel, to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for victims, and their limited access to justice are also matters of concern. In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take effective measures, including reinforcing current multidisciplinary programmes and rehabilitation measures, to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. It suggests, inter alia, that law enforcement should be strengthened with respect to such crimes; adequate procedures and mechanisms to deal with complaints of child abuse should be reinforced, in order to provide children with prompt access to justice and to avoid the impunity of offenders. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF and international non-governmental organizations.

21. The Committee welcomes the State party's efforts to fulfil the goals set by the World Summit for Children. However, it remains concerned about regional inequalities in access to health services, as well as in immunization coverage and infant mortality rates. The Committee recommends that the State party continue taking effective measures to ensure access to basic health care and services for all children.

22. With regard to adolescent health issues (see CRC/C/15/Add. 11, para. 16) , while taking note of the measures taken by the State party in this field, the Committee remains concerned at the high and increasing rate of teenage pregnancies; at the insufficient access by teenagers to reproductive health education and counselling services, including outside school; and at the increasing rate of substance abuse among adolescents. The Committee recommends that the State party undertake effective measures to develop adolescent friendly health policies and strengthen reproductive health education and counselling services in order, inter alia, to prevent and reduce teenage pregnancies. The Committee also recommends that further efforts be undertaken for the development of child friendly counselling services, as well as care and rehabilitation facilities, for adolescents. Measures to prevent and combat substance abuse among adolescents should be strengthened.

23. While the Committee welcomes the fact that the State party has established a special programme to protect the rights of children with disabilities, it remains concerned at the lack of adequate infrastructure, the limited qualified staff and the specialized institutions for these children. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its Day of General Discussion on Children with Disabilities (CRC/C/69) , the Committee recommends that the State party develop early identification programmes to prevent disabilities, implement alternative measures to the institutionalization of children with disabilities, envisage awareness-raising campaigns to reduce discrimination against them, establish special education programmes and centres as needed and encourage their inclusion in the educational system and in society, and establish adequate monitoring of private institutions for children with disabilities. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities.

27. The Committee expresses its concern at the high incidence of commercial sexual exploitation of children in the State party, apparently often related to sex tourism. In this regard, while the Committee appreciates the measures taken to prevent and combat sexual abuse and exploitation of children, such as the reforms of the Penal Code (Law 7899 of 1999) and the adoption of a plan of action to tackle this issue, it is of the opinion that these measures need to be reinforced. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to strengthening current policies and measures, including in the area of care and rehabilitation, in order to prevent and combat this phenomenon. The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996.

(1993)

Concluding Observations of the Committee on the Rights of the Child: Costa Rica, 18/10/93, CRC/C/15/Add.11.

8. The Committee expresses its concern at the impact of economic adjustment policies. In particular, the Committee notes that, with the cuts in allocations in the social sector, the basic welfare of the children who are most vulnerable, such as abandoned children, children living in extreme poverty and children of disadvantaged groups, may not be adequately protected. As a consequence, many of Costa Rica's past achievements in the areas of health, education, welfare and social stability would appear to be seriously threatened.

9. The Committee notes that there have been alarming tendencies in recent years on increasing problems concerning vulnerable children, such as discrimination against the girl child and sexual abuse including incest and other forms of violence perpetrated against children. In this connection, the Committee notes that there has not always been adequate enforcement of existing legislation nor have public education activities been sufficiently focused on those problems.

COTE D'IVOIRE (2001)

Concluding Observations of the Committee on the Rights of the Child: Côte d'Ivoire, 09/07/2001, CRC/C/15/Add.155.

20. While noting the various proposals currently under discussion, the Committee expresses concern at the disparity between the age of majority in civil matters (21 years) and in penal matters (18 years) . It also considers that the minimum age for criminal responsibility (10 years) , is too low and remains concerned at the difference between the minimum legal age for marriage of boys (20 years) and that of girls (18 years) . Moreover, the Committee is deeply concerned that no minimum age has been set for the end of compulsory education and that the practice of early marriage is still widespread.

21. The Committee recommends that the State party review its legislation with a view to eliminating all disparities regarding minimum-age requirements, and that it make greater efforts to enforce the requirements. It also strongly recommends that the State party set a minimum age for the end of compulsory education and develop sensitization programmes to curb the practice of early marriage.

22. While noting that discrimination is prohibited under the Constitution, the Committee is concerned at the persistence of discrimination in the State party. In particular, the Committee is concerned at the occurrence of discrimination against non-citizen children, children with disabilities, children born out of wedlock, children from ethnic minorities, Muslim children and girls; the Committee is particularly concerned about the low participation rate of girls in education. Moreover, the Committee is concerned at the discrepancies in the enjoyment of rights by certain vulnerable groups: children living in rural areas, refugee children, children from poor families, and children living and/or working on the streets.

23. In light of article 2 of the Convention, the Committee recommends that the State party make concerted efforts at all levels to address discrimination, notably discrimination based on gender, disability, religion, and national, ethnic or social origin, through a review and reorientation of policies, including increased budgetary allocations for programmes targeting the most vulnerable groups. The Committee encourages the State party to ensure effective law enforcement, undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination, where needed within the framework of international cooperation.

24. The Committee is deeply concerned at the situation of children born of incarcerated mothers, as both have very limited access to health services.

25. The Committee recommends that the State party take all necessary measures to ensure that children born in prison and their mothers are provided access to health services.

28. While the Committee welcomes the efforts undertaken by the State party to raise awareness of and extend the deadline for the registration of birth, it remains very concerned at the large number of children whose birth is not registered.

36. While noting the establishment of a national committee to combat violence against women and children, the Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children. The Committee is also particularly concerned at the high level of domestic violence and at sexual abuse of girls in schools, which leads to a high rate of primary and secondary school drop-out. In addition, the Committee is concerned at the lack of appropriate financial and human resources and the lack of adequately trained personnel to prevent and combat physical and sexual abuse.

37. In light of article 19 of the Convention, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and child abuse, including sexual abuse, in order to understand the scope and nature of these practices, to adopt effective measures and policies, and to contribute to changing attitudes. The Committee also recommends that cases of domestic violence and sexual abuse at schools be properly investigated through a child-sensitive judicial procedure, and that the perpetrators be sanctioned, with due regard for the right to privacy of the child. The Committee also recommends that appropriate weight be given to children's views in legal proceedings; that support services be provided to child witnesses in legal proceedings; that provision be made for the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention; and that measures be taken to prevent the criminalization and stigmatization of victims. The Committee recommends that the State party seek technical assistance from, among others, UNICEF.

38. While taking note of the 1996 National Plan for Health Development, the Committee is deeply concerned at the extremely high and increasing infant mortality rates and low life expectancy in the State party, as well as at the low rates of breastfeeding. The Committee also remains concerned that health services in the districts and local areas continue to lack adequate resources (both financial and human) . In addition, the Committee is concerned that the survival and development of children within the State party continue to be threatened by early childhood diseases such as acute respiratory infections and diarrhoea. Concern is also raised by the poor situation of sanitation and the insufficient access to safe drinking water, especially in rural communities.

39. The Committee recommends that the State party reinforce its efforts to allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children, particularly in rural areas. In this context, the Committee recommends that the State party facilitate greater access to primary health services; reduce the incidence of maternal, child and infant mortality; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children; promote proper breastfeeding practices; and increase access to safe drinking water and sanitation. Additionally, the Committee encourages the State party to pursue additional avenues of cooperation and assistance for child health improvement with, among others, WHO and UNICEF.

40. The Committee is concerned that insufficient attention has been given to adolescent health issues, including developmental, mental and reproductive health concerns, and substance abuse. The Committee is also concerned at the particular situation of girls, for instance the very high rate of early marriage which can have a negative impact on their health.

41. The Committee recommends that the State party undertake a comprehensive study in order to understand the nature and extent of adolescent health problems, with the full participation of adolescents, and use this as a basis for the formulation of adolescent health policies and programmes, with particular attention to female adolescents.

42. While noting the existence of the National Programme for the Control of AIDS, Sexually Transmitted Infections and Tuberculosis, the establishment of a special Ministry on HIV/AIDS, and the setting up of a committee on HIV/AIDS orphans, the Committee remains extremely concerned at the alarmingly high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting large number of children orphaned by HIV/AIDS. The Committee is concerned at the lack of alternative care for these children. The Committee is also deeply concerned at the large number of teachers dying of HIV/AIDS in the State party.

43. The Committee recommends that the State party increase its efforts to prevent HIV/AIDS and take into consideration the recommendations adopted by the Committee on its day of general discussion on "Children living in a world with HIV/AIDS" (CRC/C/80, para. 243) . The Committee also urges the State party to consider ways of minimizing the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to a family life, to adoption, to emotional care and to education. The Committee recommends that the State party seek technical assistance from, among others, UNAIDS.

44. While welcoming the adoption of a new law on female genital mutilation (1998) , the Committee is concerned at the widespread nature of this practice in the State party.

45. The Committee urges the State party to continue its efforts to end the practice of female genital mutilation, inter alia, through enforcement of legislation and implementation of programmes sensitizing the population about its harmful effects. The Committee recommends that the State party take advantage of the efforts in this regard made by other States in the region.

50. While noting the adoption of the Education Act (1995) and of a national programme for the development of education (2000) , as well as the current project to make education free and compulsory for all up to the age of 16 years, the Committee remains deeply concerned that primary education is not compulsory and free for all in the State party. The Committee is also concerned at the low education levels among children in the State party, gender and rural-urban disparities in school attendance, the limited access of children with disabilities to formal or vocational educational opportunities, the number of children who are several years behind in their primary education, and the high drop-out rate of children who do attend school. The Committee also expresses concerns at the fact that Koranic schools are placed under the authority and administration of the Ministry of the Interior.

51. The Committee urges the State party to adopt and implement the project to make primary education free to all and compulsory. The Committee also recommends raising the level of educational achievement among children through, inter alia, increasing the number of available schools and classes, providing for the initial and ongoing training of more teachers and school inspectors, developing standard national textbooks, increasing the rates of enrolment and providing assistance with school fees, uniforms and other equipment for poor families. The Committee urges the State party to seek international assistance in this regard, including from UNICEF. The Committee recommends in addition that the State party ensure that children with disabilities have access to formal and vocational educational opportunities and that every effort be made to ensure that girls and boys, as well as children from urban and rural areas, have equal access to educational opportunities. In this regard, the Committee recommends that the State party seek assistance from UNICEF and UNESCO. Furthermore, the Committee recommends that the State party take appropriate measures to ensure that Koranic schools respect national school curricula and aims of education and are placed under the authority of the Ministry for Education.

52. The Committee recommends, in addition, that the State party pursue its efforts to include "education for peace and tolerance", children's rights and other human rights subjects in the curricula of primary and secondary schools, and that assistance be requested from UNICEF and UNESCO in this regard.

55. While noting the efforts undertaken by the State party within its Plan of Action to fight child trafficking, the Committee remains deeply concerned at the large number of child victims of trafficking for the purpose of exploitation in the State party's agricultural, mining and domestic service sectors and other forms of exploitation.

56. The Committee strongly encourages the State party to pursue its efforts in implementing the bilateral agreement with the Government of Mali and in extending this experience to other concerned countries. In addition, the Committee recommends that measures such as a comprehensive programme to prevent and combat the trafficking and sale of children be taken on an urgent basis, including an awareness raising campaign and educational programmes.

CROATIA
(2004)

Concluding observations of the Committee on the Rights of the Child: Croatia, 3/11/2004, CRC/C/15/Add.243.

4. The Committee welcomes the State party's ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography in 2002.

6. The Committee further welcomes the State party's ratification of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour in 2001 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime in 2003.

49. The Committee welcomes the adoption of the Law on the Protection against Domestic Violence (2003), which prohibits corporal punishment within the family, and of various other legal instruments to prevent and combat domestic violence (e.g. Criminal Code, Family Act) but remains concerned about incidents of domestic violence.

50. In light of article 19 of the Convention, the Committee recommends that the State party: (a) Undertake a comprehensive study on violence, more particularly, on sexual abuse and violence at home and in school, in order to assess the extent, causes, scope and nature of these violations; (b) Strengthen awareness-raising and education campaigns with the involvement of children in order to prevent and combat child abuse and promote positive, non-violent forms of discipline and respect for children's rights, while raising awareness about the negative consequences of corporal punishment; (c) Evaluate the work of existing structures and provide training to the professionals involved in these types of case; (d) Strengthen measures to encourage reporting of instances of child abuse and prosecute the authors of these acts; (e) Provide care, full physical and psychological rehabilitation and reintegration for child victims of violence.

51. The Committee notes the efforts made by the State party to improve its health-care system, e.g. the new Health Insurance Law (2002), but remains concerned about the lack of data about children's health status, in particular children of ethnic and minority groups, and that medical coverage is not ensured for every child. It is also concerned about the effective implementation of breastfeeding programmes and that the "happy baby package" contains material that is not consistent with the International Code of Marketing of Breastmilk Substitutes. The Committee is also concerned about the information that mothers are not allowed to stay with their hospitalized children free of charge unless the child is less than 6 months of age.

52. The Committee recommends that the State party undertake all necessary measures to ensure that all children enjoy equal access to and quality of health services, with special attention to children from ethnic and minority groups, especially Roma children. The Committee also recommends that the State party enhance its efforts to promote proper breastfeeding practices, including by complying with the International Code of Marketing, and ensure the effective implementation of breastfeeding programmes in accordance with international standards. It also recommends that children not be separated from their parents when they are hospitalized.

53. The Committee notes the efforts undertaken by the State party with regard to drug abuse by adolescents but remains concerned at the increasing number of cases, the increase in sharing syringes among drug users, the lack of an integrated strategy against drug abuse and the apparent inadequacy of treatment facilities to deal with drug additions. The Committee is also concerned at the increasing alcohol and tobacco consumption by adolescents and the lack of programmes for the prevention of suicide among adolescents. The Committee is also concerned that adolescents have a low perception of the risks of contracting HIV and other STDs.

54. The Committee recommends that the State party: (a) Enhance its efforts to address adolescent health issues and ensure that the programmes for adolescent health are effectively implemented, including through the provision of adequate resources; (b) Take into account General Comment No. 4 (2003) on adolescent health and development; (c) Develop programmes to prevent and combat HIV/AIDS, taking into account the Committee's General Comment No. 3 on HIV/AIDS and the rights of children (2003); (d) Develop mental health programmes and services for, inter alia, the prevention of drugs and alcohol abuse, and tobacco use, and programmes for the prevention of suicide and to enhance the quality of the treatment facilities; (e) Ensure that adolescents have access to child-sensitive and confidential counselling services; (f) Seek technical cooperation and advice from UNICEF and WHO.

59. The Committee notes the adoption of a new Asylum Law (2003) and the progress achieved in the area of asylum, but remains concerned about the delay in its effective implementation.

60. In line with the recommendation of the Committee on the Elimination of Racial Discrimination (CERD/C/60/CO/4, para. 13), and while noting the challenges confronted by the State party in meeting the needs of a large number of refugees, returnees and displaced persons, most of whom are children, the Committee remains concerned that return is still hindered by administrative impediments and hostile attitudes on the part of some national and local officials. The Committee expresses its concern about the difficult access to education and health care for refugee and internally displaced children.

61. The Committee recommends that the State party ensure the effective implementation of the new Asylum Law and that refugee and asylum-seeking children have access to basic services such as education and health, and that there is no discrimination in benefit entitlements for asylum-seeking families that could negatively affect children.

62. The Committee also recommends that the State party take effective measures to resolve the problem of property owners, most of whom are Serbs, returning to their homes before their occupiers (refugees and displaced persons) have been able to find alternative shelter, and that further efforts be undertaken to facilitate the return of refugees and displaced persons. It also recommends that effective measures be undertaken to ensure that displaced children have equal access to education and health care.

66. While welcoming the measures taken by the State party to prevent and raise awareness of the problem of trafficking in persons, including the establishment of the National Committee for the Prevention of Trafficking in Persons responsible for formulating and implementing the National Plan for the Prevention of Trafficking in Persons, it remains concerned about the effective implementation of the Plan and at the lack of statistical data and specific information on measures undertaken to combat trafficking.

67. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by undertaking studies to assess the nature and magnitude of the problem and allocating sufficient resources to this field, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.

(1996)

Concluding Observations of the Committee on the Rights of the Child: Croatia, 13/02/96, CRC/C/15/Add. 52.

17. The Committee expresses concern that children might be removed from their families because of their health status or the difficult economic situation faced by their parents.

CUBA (1997)

Concluding Observations of the Committee on the Rights of the Child: Cuba, 18/06/97, CRC/C/15/Add.72.

37. The Committee recommends that further resources and assistance be devoted to activities in the area of family planning and health education programmes, with a view to addressing the problem of teenage or unwanted pregnancies and changing male sexual behaviour. Issues relating to the incidence and treatment of children infected with or affected by HIV/AIDS and STDs and to reducing the apparent recourse to abortion as a method of family planning should also be the focus of programmatic actions. It is also recommended that major efforts be undertaken to broaden the coverage of reproductive health educational programmes beyond married couples.

38. The Committee is of the view that the State party should review, as a matter of urgency, the minimum legal age of sexual consent with a view to raising it.

CYPRUS (2003)

Concluding observations of the Committee on the Rights of the Child: Cyprus, 02/07/2003, CRC/C/15/Add.205.

27. The Committee is encouraged by positive developments, as noted by the Committee on the Elimination of Racial Discrimination (CERD) in August 2001, with respect to legislative reform. However, the Committee reiterates the concern of CERD relating to the lack of legal provisions expressly outlawing racial discrimination by private persons in education and employment. Furthermore, the Committee is concerned that certain factors linked to discriminatory attitudes may persist, in particular those related to acquisition of nationality, children born out of wedlock and Cypriot children of Turkish origin. It further notes that certain legislation does not apply equally to girls and boys.

28. The Committee recommends that the State party consider reviewing legislation, and amending it where necessary, with a view to ensuring that all children are accorded equal rights without discrimination based on their ethnic origin, sex, or other grounds. Furthermore, it encourages the State party to pursue information campaigns to eliminate stereotyping in terms of traditional roles of men and women in society.

29. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29 (1) of the Convention (aims of education).

39. The Committee is concerned that, given the situation on the island following the events of 1974, certain categories of children wishing to attend secondary school must be separated from their parents, and may not be allowed to visit their parents regularly or return upon completion of their education. Furthermore, the Committee notes that boarding schools for these children are available only for boys, and that there is one boarding home for girls.

40. The Committee urges the State party to create equal opportunities for all children wishing to pursue education beyond primary school, including by making boarding schools available to both boys and girls and pursuing efforts to reduce periods of separation from parents.

45. The Committee welcomes the initiation of a comprehensive study to improve the understanding of the nature and scope of child neglect and abuse in Cyprus, as recommended by the Committee (CRC/C/15/Add. 59, para. 29) , as well as the new Law No. 3 (1) of 2000 on Combating of Trafficking in Persons and Sexual Exploitation of Children and the Violence in the Family Law for the prevention and protection of victims of domestic violence. The Committee regrets that information on the follow-up given to cases of abuse reported to social welfare services is not available. The Committee notes that many people in Cyprus consider that there is a problem of violence within the family and refers to the concerns expressed by the Human Rights Committee (CCPR/C/79/Add. 88, para. 12) and the Committee on Economic, Social and Cultural Rights (E/C. 12/1/Add. 28, para. 15) with respect to domestic violence.

46. The Committee recommends that the State party, in keeping with the findings of the study, adopt adequate measures and policies aimed at changing attitudes, including the prohibition of corporal punishment in the family, supported by well-targeted awareness campaigns on, inter alia, alternative ways of disciplining children. Furthermore, it encourages the State party to adopt measures and ensure sufficient human and financial resources to ensure the implementation of the law for the prevention of domestic violence. The Committee invites the State party to include specific information in its next periodic report on follow-up to cases of abuse reported to the social welfare services, as well as information on the announced second research project on the extent of child abuse in Cyprus.

47. The Committee welcomes the information contained in the State party's report on health education in schools, in particular information on the harmful effects of alcohol and nicotine. However, the Committee is concerned at the high rate of children consuming alcohol, tobacco, drugs and other harmful substances.

48. The Committee encourages the State party to actively pursue its health education initiatives in schools and recommends that it undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards substance abuse, and to develop youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child.

49. The Committee notes that the limits for receiving social benefits for children are extended beyond the age of 18 years for persons attending full-time education; however, it notes that the age is not the same for males and females.

50. The Committee encourages the State party to ensure that social benefits for girls and boys are equal so that this is not a factor in their decisions relating to higher education.

51. The Committee notes that the State party accords the utmost importance to education and is encouraged by the high enrolment rate, the increase in pre-primary education as well as international cooperation in this area. However, the Committee is concerned about the broad scope of special schools for children with physical, mental or emotional needs, which, inter alia, is not conducive to the integration of those children into mainstream schools.

52. The Committee encourages the State party to strengthen its efforts to include children with special needs wherever possible in mainstream schools, in accordance with article 23 (3) of the Convention. In this respect, the Committee draws the attention of the State party to the Standard Rules for the Equalization of Opportunities for Persons with Disabilities.

55. The Committee welcomes the enactment in 2000 of the Law on the Combating of Trafficking of Persons and Sexual Exploitation of Minors and the Protection of Witnesses Law of 2001 making specific provision for the protection of child witnesses. While noting that the State party does not consider that problems relating to trafficking or other forms of sexual exploitation exist, the Committee remains concerned that such problems may remain "hidden" and that the authorities may be unaware of them. In particular, the Committee refers to the concerns expressed by the Special Rapporteur on the sale of children, child prostitution and child pornography that Cyprus is being used as a transit point for trafficking of young women, including minors.

56. The Committee recommends that the State party strengthen its efforts to identify, prevent and combat trafficking in children for sexual purposes in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.

CZECH REPUBLIC
(2003)

Concluding Observations of the Committee on the Rights of the Child: Czech Republic, 18/03/2003, CRC/C/15/Add.201.

3. The Committee welcomes amendments to existing legislation and the enactment of new legislation, as indicated in the written replies to the list of issues, inter alia, regarding strengthening the protection against trafficking and commercial sexual exploitation of children and the integration of children with special needs in regular schools. The Committee notes the very good maternal protection, including satisfactory maternity leave, and the excellent health indicators, including infant mortality, under-5 mortality and vaccination intake. Furthermore, the Committee welcomes the ratification of the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption and ILO Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

20. The Committee expresses its concern that data collection made by the various ministries is not sufficiently developed and disaggregated for all areas covered by the Convention (e. g. vulnerable and disadvantaged groups) . It further notes that data on children are not used in an adequate manner to assess progress as a basis for policy-making in the field of children's rights.

21. The Committee urges the State party: (a) To strengthen and centralize its mechanism for integrating and analysing systematically disaggregated data on all children under 18 for all areas covered by the Convention, with special emphasis on the most vulnerable groups, including children belonging to minority groups; children of economically disadvantaged households; children living in rural areas; children in institutions; children with disabilities and children in need of special protection, e. g. street children; working children; children used for prostitution and trafficked children; (b) To use these indicators and data effectively in formulating and evaluating legislation, policies and programmes for the implementation, resource allocation and monitoring of the Convention.

33. The Committee is encouraged by the decline in infant mortality rates in the State party, but remains concerned at the high rate of accidents including injuries, poisoning and traffic accidents. Furthermore, it is concerned that the suicide rate is relatively high despite the declining trend.

34. The Committee recommends that the State party: (a) Strengthen efforts to raise awareness about, and undertake public information campaigns in relation to, accident prevention; (b) Study the possible causes of suicide among youths and the characteristics of those who appear to be most at risk, and take steps to put into place additional support and interventional programmes which would reduce this tragic phenomenon.

35. The Committee welcomes the amendment to the Civil Procedure Code, including the information by the State party referring to the regulation of the respect for the child's views in the Act on Social and Legal Protection of Children and by Amendment to the Act on the Family. The Committee is concerned that children's participation in other areas, such as school and institutions, is not regulated by legislation or sufficiently observed in practice. Furthermore, the Committee is concerned that awareness of these provisions is quite low, thus contributing to weak observance.

36. The Committee recommends that the State party introduce a comprehensive legal provision establishing the right of the child to participate that would be applicable to courts, administrative bodies, institutions, schools, childcare institutions and families in matters affecting children, and guarantee the right to appeal the decisions, in accordance with article 12 of the Convention. Awareness-raising and educational programmes on the implementation of these principles should be reinforced in order to change traditional perceptions of children as objects rather than subjects of rights.

39. The Committee notes the efforts of the State party aimed at increasing the protection of children from various forms of abuse and neglect, including sexual abuse, such as the amendment to the Act on Misdemeanours (Law No. 360/1999 Coll. ) and welcomes the significant efforts by NGOs in this respect. However, the Committee is concerned by the ill treatment and abuse committed against children in the family, the school and other institutions as well as by public officials in the streets and in places of detention, particularly in the context of a form of popular justice for an alleged crime such as theft. The Committee is further concerned that certain groups of children, such as Roma, are specifically targeted, and that a very small portion of reported cases of suspicion of abuse and neglect are investigated. It is also concerned at the lack of an integrated system of services and that problems of child abuse and neglect are often solely addressed in an ad hoc manner by NGOs. Furthermore, as noted by the Committee on the Elimination of Discrimination against Women (CEDAW) , domestic violence is prevalent and is not specifically addressed in legislation (CEDAW/C/2002/EXC/CRP. 3/Add. 2) , awareness among professionals and the public is low, and support for victims is insufficient.

40. The Committee is concerned that there is no legislation explicitly prohibiting corporal punishment, and that it is practised in the family, in schools and in other public institutions, including alternative care contexts.

41. The Committee recommends that the State party take action to address ill treatment and abuse committed against children in the family, in schools, in the streets, in institutions and in places of detention through, inter alia: (a) Enacting legislation to adequately protect minorities from racially motivated attacks; (b) Ensuring that allegations of ill-treatment by the police and police misconduct are promptly, thoroughly and impartially investigated by an independent authority and that those responsible are identified and brought before a competent tribunal that will apply sanctions provided for by the law; (c) Developing an effective system for the reporting and investigation of cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, within a child-sensitive inquiry and judicial procedure, avoiding repeatedly interviewing child victims of abuse, in order to ensure better protection of child victims, including the protection of their right to privacy; (d) Adopting and implementing effectively adequate multidisciplinary measures and policies, including public campaigns, to prevent and address cases of child abuse and neglect and contribute to changing attitudes; (e) Implementing training programmes to promote respect for children belonging to minority groups, in particular Roma children, and monitoring the treatment of children in both basic and special schools in order to ensure the protection of the physical and psychological integrity of all children while in the care of school officials; (f) Taking all the necessary steps to enact legislation prohibiting the use of corporal punishment in schools, institutions, in the family and in any other context; (g) Making use of legislative and administrative measures, as well as public education initiatives, to end the use of corporal punishment and ensure that this is adhered to; (h) Taking measures for the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, ill-treatment and violence, including by providing counselling, care, recovery and reintegration programmes for victims as well as perpetrators, in accordance with article 39 of the Convention; (i) Taking into account the Committee's recommendations adopted at its day of general discussion on "Violence against children within the family and in schools" (CRC/C/111).

46. The Committee is encouraged by the decline in the infant mortality rate. However, the Committee is deeply concerned that the present economic situation in the health sector does not allow for compulsory preventive medical check-ups of children, from birth to the age of 3, to be covered by public health insurance. Furthermore, the Committee regrets the insufficient information provided following the Committee's previous recommendation (CRC/C/15/Add. 81, para. 38) to undertake research on the possible effects of environmental pollution on the health of children.

47. The Committee recommends that the State party urgently: (a) Define sustainable financing mechanisms for the primary health care system and an effective utilization of resources, including adequate salaries for child health care professionals, in order to ensure that all children, in particular children from the most marginalized vulnerable groups, have access to free basic health care of good quality; (b) Undertake comprehensive research on the possible effects of environmental pollution on the health of children with a view to effectively addressing this problem.

48. The Committee welcomes information on the national plan to equalize opportunities for citizens with medical disabilities and is encouraged by the growing number of children with disabilities who are integrated into mainstream education; however, the Committee is concerned that: (a) The previous recommendation of the Committee (ibid. , para. 37) has been insufficiently addressed and that institutionalization of children with disabilities remains high. The Committee notes the concern expressed by the Committee on Economic, Social and Cultural Rights at the inadequacy of measures to ensure a decent life for persons with disabilities, including the mentally ill (E/C. 12/1/Add. 76, para. 20) ; (b) Most public assistance activities are carried out by NGOs without significant support from the State party.

49. The Committee recommends that the State party: (a) Implement measures to provide an alternative to the institutionalization of disabled children; (b) Allocate the necessary resources for programmes and facilities for all children with disabilities, especially those living in rural areas, and strengthen community based programmes to enable them to stay at home with their families; (c) In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (CRC/C/69, paras. 310-339) , further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible.

50. The Committee reiterates the concerns expressed by the Committee on Economic Social and Cultural Rights (E/C. 12/1/Add. 76, paras. 21 and 41) at tobacco smoking, drug abuse and alcohol consumption, as well as at the decreasing but still high number of teenage pregnancies and abortions.

51. The Committee recommends that the State party undertake further measures, including through the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health and substance abuse, and to develop youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child.

54. The Committee welcomes the efforts of the Government aimed at developing post secondary education, making it more accessible, ensuring education for minority groups and integrating children with disabilities into mainstream education. The Committee welcomes the secondary school for Roma children established on the initiative of the Roma people themselves. However, the Committee is concerned that the implementation of the reform of the education system remains insufficient and that in-service teacher training in this respect is lacking. The Committee is further concerned that Roma children continue to be over-represented in so-called "special schools" and at the discrimination in access to education of illegal migrants and refugees who are denied asylum.

55. Noting the State party's efforts in this domain, the Committee recommends that the State party: (a) Ensure the availability and accessibility of free primary education for all children in the State party, giving particular attention to children in rural communities, children from Roma and other minorities, as well as children from disadvantaged backgrounds such as refugees, illegal migrants, particularly unaccompanied minors, to good quality education, including in their own language; (b) Continue to strengthen its efforts to professionalize the pre-school assessment of children and avoid, as much as possible, that children of Roma origin or other children belonging to disadvantaged groups are not assigned to special schools; (c) Implement educational reforms with sufficient preparation and support schools in this regard with extra funding and teacher training, and a process for quality evaluation of the new programmes; (d) Promote quality of education in the whole country in order to achieve the goals mentioned in article 29, paragraph 1, of the Convention and the Committee's General Comment on the aims of education; and ensure that human rights education, including children's rights, are included into the school curricula.

60. The Committee welcomes: (a) The establishment in spring of 2002 of a trilateral Czech-German-Polish working group to address, inter alia, trafficking in human beings, in particular the sexual exploitation of children for prostitution occurring in these areas; (b) The information contained in the State party's report (paras. 334 and 335) on social, preventive and re-socialization programmes for victims of sexual exploitation, as well as the adoption in July 2000 of the National Plan to Fight Commercial Sexual Abuse of Children and amendments to the Criminal Code and Code of Criminal Procedure made in 2002; (c) The significant work done by NGOs in this field.

61. The Committee remains concerned at: (a) Reports of increased instances of sexual abuse of children and the low rate of reporting such crimes; (b) The lack of a comprehensive system of protection and assistance by qualified professionals to all child victims of sexual abuse and of commercial sexual exploitation; (c) The lack of follow-up to the recommendations from the 1997 visit of the Special Rapporteur on the sale of children, child prostitution and child pornography; (d) The lengthy duration of investigations into child trafficking; (e) The failure to date to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

62. The Committee recommends that the State party: (a) Increase protection provided to victims of sexual exploitation and trafficking, including prevention, social reintegration, access to health care and psychological assistance in a coordinated manner, including by enhancing cooperation with NGOs; (b) Ensure that a confidential, accessible and child sensitive mechanism is established to receive and effectively address individual complaints of all children, including those in the 15 to 18 year age group; (c) Implement outstanding recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography, inter alia, those related to the cross-border trafficking problem; (d) Sensitize professionals and the general public to the problems of sexually abused children through education, including media campaigns; (e) Ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

63. The Committee is concerned that there is a growing number of children living on the street in urban areas vulnerable to, inter alia, sexual abuse, violence, including from the police, exploitation, lack of access to education, substance abuse, sexually transmitted diseases, HIV/AIDS and malnutrition. Furthermore, the Committee notes that the primary response to the situation of these children, as described by the State party in its report, is institutionalization.

64. The Committee recommends that the State party: (a) Strengthen its efforts to identify the numbers of street children with the aim of preventing and reducing this phenomenon in the best interest of these children and with their participation; (b) Make additional efforts to provide protection to children living on the street and to ensure their access to education and health services; (c) Strengthen efforts to assist children in leaving the street, placing greater emphasis on alternatives to institutionalization; (d) Continue to support NGOs to assist these children; (e) Strengthen the support and assistance to families in this respect.

67. The Committee welcomes the implementation of strategies aimed at promoting Roma children's rights to health care services and inclusion in education. The Committee also welcomes Roma NGO participation in promoting the rights of their children. However, it remains concerned at the negative attitudes and prejudices among the general public, media representations, incidents of police brutality, and discriminatory behaviour on the part of some persons working with and for children, including teachers and doctors.

68. In accordance with article 2 of the Convention, the Committee recommends that the State party: (a) Initiate campaigns, at all levels and in all regions, aimed at addressing the negative attitudes towards Roma in society at large, and in particular among authorities such as the police, and professionals providing health care, education and other social services; (b) Based on the evaluation of previous strategies, develop and implement a comprehensive proactive strategy for the improvement of access to primary health care, education and social welfare services, in cooperation with Roma NGO partners, and targeting the whole Roma child population; Develop curriculum resources for all schools, including in relation to Roma history and culture, in order to promote understanding, tolerance and respect for Roma in Czech society.

(1997)

Concluding Observations of the Committee on the Rights of the Child: Czech Republic, 27/10/97, CRC/C/15/Add.81.

32. The Committee recommends that the State party undertake major efforts to develop awareness-raising campaigns aimed at reducing discriminatory practices against the Roma population and should envisage special programmes to improve the standard of living, education and health of Roma children.

33. The Committee recommends that the State party take further measures in accordance with Article 7, paragraph 2, of the Convention, including measures to facilitate applications for citizenship, so as to resolve the situation of stateless children, especially those placed in institutions. The Committee also suggests that the State party consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

34. The Committee recommends that the State party envisage plans to adopt reproductive health measures designed to reduce the incidence of pregnancies among teenage girls and strengthen its information and prevention programmes to combat HIV/AIDS and other sexually transmitted diseases (STD) . The Committee also recommends that the State party take adequate measures, including awareness-raising campaigns and the provision of support services to needy families, in order to prevent the abandonment of children and to protect poor single mothers from child traffickers.

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