Concluding Observations of the Committee on the Rights
of the Child
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
(2004)
Concluding Observations of the Committee on the
Rights of the Child: Democratic People's Republic of Korea,
01/07/2004, CRC/C/15/Add.239.
19. The Committee is concerned at the absence of reliable
data and the lack of an adequate national qualitative and
quantitative data collection system in all areas covered by
the Convention, which limits the State party's capacity to
adopt appropriate policies and programmes.
20. The Committee recommends that the State party continue
to develop a system of qualitative and quantitative data collection
and indicators consistent with the Convention and disaggregated
by gender, age, provinces and cities, as well as urban and
rural areas. This system should cover all children up to the
age of 18 years, with specific emphasis on those who are particularly
vulnerable. It further encourages the State party to use these
indicators and data in the formulation of laws, policies and
programmes for the effective monitoring, evaluation and implementation
of the Convention both at the national and local levels. The
Committee recommends that the State party seek technical assistance
from, inter alia, the United Nations Children's Fund,
the United Nations Population Fund and the United Nations
Development Programme (UNDP).
25. The Committee reiterates its previous concerns that the
age of majority, set at 17, does not ensure full protection
for all persons under 18 and that some legal minimum ages
are discriminatory, such as the age of marriage for girls
(17) , which is different to the one of boys (18).
26. The Committee reiterates its previous recommendation
that the State party increase the age of majority to 18. The
Committee further recommends that the State party raise the
minimum age of marriage for girls to that of boys (18 years).
27. The Committee is concerned that some groups of children,
including children with disabilities, children belonging to
different social groups, and children living in rural and
remote areas, suffer from disparities in accessing basic services.
In some instances, girls still suffer from prejudicial traditional
stereotypes.
28. The Committee recommends that the State party increase
its efforts to ensure implementation of existing laws guaranteeing
the principle of non-discrimination and full compliance with
article 2 of the Convention, and to adopt a proactive and
comprehensive strategy to eliminate discrimination on any
grounds and against all vulnerable groups. The Committee requests
the State party to pay particular attention to children with
disabilities, children belonging to different social groups,
and those living in rural and remote areas, as well as to
preventing and combating prejudicial stereotypes against girls
and women.
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 Durban Declaration
and Programme of Action adopted at the World Conference Against
Racism, Racial Discrimination, Xenophobia and Related Intolerance,
and taking account of General Comment No. 1 on the aims of
education.
30. The Committee notes that children are given opportunities
for participation, principally through the Youth League and
Children's Unions. However, it is concerned that children's
opinions are not given sufficient consideration and that respect
for their views remains limited in the family, in schools,
in courts and before administrative authorities and in society
at large, due mainly to traditional and patriarchal attitudes.
It is also concerned that child participation remains essentially
a formal and hierarchical concept, and that creative and informal
channels of participation are not given enough consideration
and weight.
31. The Committee encourages the State party to ensure that
children's views are given due consideration, in accordance
with article 12 of the Convention, in the family, at schools,
in the courts, and in all relevant administrative and other
procedures concerning them. This should be undertaken through,
inter alia, the adoption of appropriate legislation
and policies, the training of professionals, awareness-raising
of the public at large and the establishment of specific creative
and informal activities in and outside schools.
36. While welcoming the positive steps taken by the State
party and the information that it has almost eliminated corporal
punishment through, inter alia, public campaigns,
the Committee remains concerned that owing to traditional
customs, corporal punishment may still be practised and accepted
in schools, families, and care institutions.
37. The Committee encourages the State party to continue
to reinforce its public awareness campaigns to promote positive,
participatory and non-violent forms of discipline as an alternative
to corporal punishment at all levels of society.
38. The Committee notes with appreciation the commitment
of the State party to early childcare based on the 1976 Law
on Nursery and Upbringing of Children. However, it is concerned
at the excessive degree of State involvement in childcare
to the detriment of the parental involvement, hindering psychosocial
and cognitive development of children. Of particular concern
are the widespread practice of leaving children in nurseries
from Mondays to Saturdays and the upbringing of twins and
triplets being relinquished to the State. Furthermore, the
Committee expresses concern over the lack of human and financial
resources available for nurseries, which affects the quality
of care.
39. In the light of article 18, paragraph 1 of the Convention,
the Committee recommends that the State party place greater
emphasis on its policies on the primary responsibilities of
parents, and to encourage and provide parents with the necessary
support to enable their greater involvement in the nursing
and upbringing of their children, reducing the role of the
State to a subsidiary and not a primary one.
46. The Committee notes the low number of cases of child
abuse reported in families and the absence of any reported
cases of abuse outside the family, which may indicate underreporting.
The Committee is concerned about the State party's assertion
that "as violence, abuse, neglect, maltreatment and exploitation
of children are no longer a social issue, the social reintegration
of the victim is no longer a matter of great concern"
(CRC/C/65/Add. 24, para. 145) . The Committee also notes some
seemingly confusing information on the prevalence of abuse
and neglect of children. The low number of reported cases
may be a reflection of the reality, but may also be indicative
of an ineffective reporting system.
47. The Committee recommends that the State party: (a) Conduct
an in-depth study to find out the nature and the extent of
abuse and neglect, with a view to developing a strategy to
deal with this phenomenon; (b) Give attention to addressing
and overcoming sociocultural barriers associated with child
abuse and neglect; (c) Ensure that child victims receive appropriate
support and services; (d) Train parents, teachers, law enforcement
officials, care workers, judges and health professionals on
the identification, on reporting and management of ill-treatment
cases; and (e) Seek assistance from, among others, UNICEF.
48. The Committee notes with appreciation the new legislation
enacted in 2003 to protect the rights of disabled persons
and the active work undertaken since 1998 by the Korean Association
for Supporting the Disabled, including its first survey. It
remains nevertheless concerned at the very poor living conditions
of the disabled, their lack of integration in schools and
society at large, the lack of recovery measures, and at prevailing
discriminatory attitudes toward them in society.
49. In line with the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) and the recommendations adopted by the Committee
at its day of general discussion on the rights of children
with disabilities (CRC/C/69) , it is recommended that the
State party: (a) Establish a comprehensive and inclusive policy
for children with disabilities; (b) Take effective measures
to collect adequate and disaggregated statistical data on
children with disabilities and use such data in developing
policies and programmes to prevent disabilities and to assist
disabled children; (c) Reinforce its efforts to develop early
detection programmes to prevent and remedy disabilities; (d)
Establish special education programmes for disabled children
and integrate them in the regular school system to the extent
possible; (e) Undertake awareness-raising campaigns to sensitize
the public, and parents in particular, about the rights and
special needs of children with disabilities, including those
with mental health concerns; (f) Increase resources, both
financial and human, for special education, including vocational
training, and the support given to families of children with
disabilities; (g) Seek technical cooperation from, among others,
UNICEF and WHO for the training of professional staff, including
teachers working with children with disabilities.
50. While noting that health services are free and cover
all areas of the country, the Committee is concerned about
increasing infant and child mortality rates, high rates of
malnutrition and stunting in children, alarming increases
in maternal mortality rates and due to the high rate of voluntary
termination of pregnancy. It is also very concerned that,
despite the competence of doctors and other medical or paramedical
staff, hospitals and clinics acutely suffer from shortages
of basic medicine and medical instruments. The Committee is
also seriously concerned that access to clean drinking water
is rare in the country, sanitation conditions are poor, and
that human excrements are sometimes used as fertilizers.
51. The Committee recommends that the State party: (a) Take
all necessary measures to improve the quality of its health
system and its health expenditures, reducing infant, child
and maternal mortality rates, preventing communicable diseases
by stepping up immunization programmes, preventing and treating
diarrhoeal diseases and acute respiratory tract infections
and malaria, among others; (b) Improve accessibility to information
on family planning and availability of contraceptives; (c)
Effectively address the serious issue of malnutrition by providing
adequate nutritional food and supplements, as well as education
on healthy early habits; and (d) Seek, where necessary, international
cooperation.
52. The Committee is concerned that insufficient attention
has been given to adolescent health issues, including developmental,
mental and reproductive health concerns.
53. The Committee recommends that the State party: (a) Undertake
a comprehensive study to assess the nature and extent of adolescent
health problems, and, with the full participation of adolescents,
use this as a basis to formulate adolescent health policies
and programmes, and especially reproductive health education
and child-sensitive counselling services with a particular
focus on the prevention of sexually transmitted infections;
(b) Strengthen developmental and mental health counselling
services and make them known and accessible to adolescents.
54. The Committee notes the State party's commitment to free
universal education, particularly in the light of its current
economic difficulties, and welcomes the information that compulsory
education up to the age of 17 is free. However, the Committee
remains concerned at the following problematic aspects with
regard to education: (a) Increasing absenteeism and seasonally
low attendance rates of 60-80 per cent as a result of the
prolonged economic hardship; (b) Hidden costs for parents,
which constitute a serious burden in sending children to schools;
(c) The quality of education, which requires further improvement;
(d) That political background, opinions and activities can
have an influence on admission to higher education; (e) That
aims of education as stipulated in article 29 of the Convention
are not at the centre of the learning process; (f) Human rights,
including child rights, are not fully integrated into the
school curricula, but only constitutes a part of "Virtue
and Law" courses.
55. The Committee welcomes the recent efforts of the State
party to increase the quality of its education system and
encourages that these efforts be pursued. It also recommends
that the State party: (a) Take measures to prevent and reduce
absenteeism, including by providing adequate heating of school
buildings in wintertime; (b) Ensure that female pupils have
the same opportunities as male pupils to access higher education;
(c) Sensitize the general public and children in particular
to ensure that traditional gender stereotypes do not dictate
the subjects studied by male and female pupils; (d) Facilitate
children's access to information, including strengthening
of efforts to increase access of the population to materials
from other countries, and strengthen student exchange programmes;
(e) Ensure full implementation of the aims of education, taking
into account article 29 of the Convention and the Committee's
General Comment No. 2; (f) Integrate human rights and, in
particular, child rights, in the school curricula as a subject
on its own; and (g) Seek technical assistance from, inter
alia, UNESCO and UNICEF.
62. The Committee notes the lack of information in the State
party report on human trafficking, in particular, involving
children.
63. In the light of article 34 and other related articles
of the Convention, the Committee recommends that the State
party: (a) Undertake a comprehensive study to assess the nature
and the extent of human trafficking, in particular involving
children; (b) Ensure the protection from sexual exploitation
and trafficking in relevant legislation to all boys and girls
below the age of 18 years; and (c) Pursue efforts to combat
sexual exploitation in accordance with the 1996 Declaration
and Agenda for Action and the 2001 Global Commitment adopted
at the World Congresses against Commercial Sexual Exploitation
of Children.
(1998)
Concluding Observations of the Committee on
the Rights of the Child: Democratic People's Republic of Korea,
05/06/98, CRC/C/15/Add.88.
32. The Committee suggests that the State party undertake
a comprehensive study on the issues of reproductive health,
youth suicides and early pregnancies so as to identify the
scope of the problems and to devote adequate resources to
preventing and combating these phenomena.
DEMOCRATIC REPUBLIC OF THE CONGO (2001)
Concluding observations of the Committee on the
Rights of the Child: Democratic Republic of the Congo, 09/07/2001,
CRC/C/15/Add.153.
22. The Committee expresses deep concern at the practices
of discrimination which continue to affect profoundly many
children in the State party, including ethnic and gender discrimination
(see, for example, paragraph 91 of the State party's report)
. The Committee is concerned that legislation does not explicitly
prohibit discrimination against children on all of the grounds
covered by the Convention in its article 2 and omits, for
example, discrimination against children with disabilities.
23. The Committee strongly recommends that the State party
urgently identify and address the different causes of discrimination
and end all practices of discrimination which affect respect
for the Convention. The Committee recommends that domestic
legislation prohibiting discrimination be amended to include
all the grounds prohibited under the Convention, including
discrimination based on disabilities, and that a review be
conducted of legislation to amend any provisions which are
discriminatory and which have an impact on children. The Committee
recommends that the State party continue and strengthen its
efforts to end gender discrimination, notably against girls
and women. The Committee recommends that the State party use,
inter alia, education and human rights promotion
to address discriminatory attitudes among the population in
general and in changing discriminatory social practices, including
through the promotion of the Convention's provisions and the
right of women to non-discrimination. The Committee recommends
that the State party implement the concluding observations
of the Committee on the Elimination of Racial Discrimination
(A/51/18, paras. 509-538) and of the Committee on the Elimination
of Discrimination against Women (A/55/38, paras. 194-238)
. The Committee recommends, finally, that the State party
seek assistance from UNICEF and OHCHR.
40. The Committee joins the State party in expressing concern
that current legislation and common practice provide insufficient
protection to children in the context of early and forced
marriage (see paragraph 82 of the State party's report) .
The Committee is concerned at, inter alia the early
marriage of many girls and by the practice through which an
uncle may decide to marry his niece.
41. The Committee recommends that the State party implement
measures to ensure that traditional marriage practices, including
forced marriages, which are harmful to children are prohibited
through, inter alia, the adoption and implementation
of appropriate legislation. The Committee recommends that
the State party make use of information campaigns to help
change practices, particularly in rural communities, and ensure
that marriages are registered in all areas of the country.
46. The Committee is concerned about practices of abuse,
including sexual abuse, in the family.
47. In light of article 19 of the Convention, the Committee
urges the State party to end practices of sexual abuse through,
inter alia, monitoring, reporting, use of the criminal
justice process to prosecute adults guilty of such abuse,
and through information campaigns targeting parents, communities
and children. The Committee also recommends that instances
of abuse and neglect of children be properly investigated
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. Measures should
also be taken 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.
48. The Committee notes with deep concern the poor health
situation of children in the State party, the very limited
access of most children to adequate health care, including
mental health care, and the very high rates of maternal and
infant mortality, the high percentage of children suffering
from malnutrition, the low level of breastfeeding and the
lack of an adequate family planning policy. The Committee
is concerned in particular by weaknesses in the health infrastructure,
including a lack of appropriate equipment within many health
centres, the limited quality of services and low immunization
rates.
49. The Committee recommends that the State party improve
the access of children and mothers to health care, including
primary and mental health care, continue and strengthen its
vaccination campaign, and develop and implement a clear health
policy with regard to children including, inter alia,
the promotion of breastfeeding, the implementation of adequate
family planning programmes and action to reduce and prevent
malnutrition. The Committee recommends that the State party
seek assistance from UNICEF and WHO in this regard.
52. The Committee is deeply concerned at the very high number
of children affected by HIV/AIDS through, inter alia,
direct infection, including mother-to-child transmission,
or following the illness or death of a parent. The Committee
is also concerned at provisions in the Criminal Code banning
contraception given the growing need to prevent transmission
of HIV/AIDS.
53. The Committee recommends that the State party make every
effort to reduce the incidence of HIV/AIDS by preventing its
transmission among the population through, inter alia,
the procurement of suitable medication, a review of legislation,
including the repeal of article 178 of the Criminal Code and
suitable prevention campaigns. The Committee recommends further
that the State party provide assistance to children and their
families affected by HIV/AIDS. The Committee recommends that
assistance be sought from UNICEF and WHO in this regard.
54. The Committee notes with deep concern the decline in
access to health services, including mental and reproductive
health services, for adolescents and the lack of information
on adolescent health problems. The Committee is concerned
at levels of HIV/AIDS among adolescents, sexually transmitted
diseases and reports of high levels of early pregnancy.
55. The Committee recommends that the State party strengthen
its efforts to provide adolescents with easy and adequate
access to all child-friendly health care services they may
need, including mental and reproductive health services, and
make an assessment of adolescent health problems in order
to develop and implement a comprehensive policy in this regard.
The Committee recommends that the State party seek assistance
from UNFPA, WHO and UNICEF.
56. The Committee is concerned at: (a) The practice of female
genital mutilation in some areas; (b) Food taboos such as
that which forbids children and mothers from eating certain
essential food items.
57. The Committee recommends: (a) In light of article 24
of the Convention, that the State party prohibit, and take
action to end, the practice of female genital mutilation and
raise awareness of its harmful effects; (b) That the State
party eliminate harmful food taboos, inter alia,
by promoting awareness about their detrimental effects on
the health of children and women; (c) That the State party
seek assistance from WHO and UNICEF in this regard.
60. The Committee is deeply concerned that the education
objectives of the 1992 Plan of Action for the Survival and
Protection of Mothers and Children are far from being achieved.
The Committee is greatly concerned at the high numbers of
children who never attend school or who drop out early from
their formal education. The Committee is further concerned
that law 86/005 of 29 September 1986 relative to national
education has not yet entered into force, with a negative
impact on children's access to education. In addition, the
Committee is concerned that in practice primary education
is not free and that many parents have to pay school fees
as well as related costs such as for uniforms and equipment,
which remain too expensive for most families. While noting
the efforts made by the State party, the Committee nevertheless
remains deeply concerned at the low rate of school enrolment
of girls, their high drop out rate and also the high female
illiteracy rate, especially in rural areas. The Committee
is also concerned that some girls are the victims of sexual
harassment by teachers. The Committee is concerned, that school
infrastructure and equipment are very inadequate, that the
quality of education is poor, that teachers are not well trained,
and that some students are required to pay teachers for their
grades.
61. The Committee urges the State party to adopt and implement
legislation establishing a minimum age for the completion
of compulsory education and providing for genuinely free primary
and, as far as possible, secondary education, with emphasis
on assisting children from the most disadvantaged backgrounds.
The Committee recommends that the State party implement measures
to increase enrolment of children in school and reduce the
drop out rate. The Committee recommends that the State party
strengthen efforts to improve the access of girls to education,
including by establishing specific programmes to reduce female
illiteracy and information campaigns promoting this right.
The Committee recommends that the State party implement measures
to end the sexual harassment of girls in school. The Committee
recommends that the State party pursue efforts to improve
the quality of education and strengthen educational infrastructure
throughout the State party, including through improvements
to teacher training, the introduction of human rights education
and education for peace, building additional classrooms and
more schools, and by providing free transport to schools for
children who live far away. The Committee recommends that
the State party seek assistance from UNICEF and UNESCO in
this regard.
68. The Committee is deeply concerned by information, including
for example in the State party's report, of the trading, trafficking,
kidnapping and use for pornography of young girls and boys
within the State party, or from the State party to another
country, and that domestic legislation does not sufficiently
protect children from trafficking.
69. The Committee strongly recommends that the State party
take urgent measures to end the sale, trafficking and sexual
exploitation of children through, inter alia, the
adoption and implementation of appropriate legislation and
the use of the criminal justice process to sanction those
persons responsible for such practices. The Committee recommends
that the police force and border officials receive special
training to help in combating the sale, trafficking and sexual
exploitation of children, and that programmes be established
to provide assistance, including health care and rehabilitative
and social reintegration assistance, to the child victims
of sexual exploitation. 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 and raise the age for protection against commercial
sexual exploitation to 18 years. The Committee recommends
that the State party seek technical assistance from UNICEF
in this regard.
Children living in and/or working on the street
70. The Committee is concerned at the high number and difficult
situation of children living in and/or working on the street.
The Committee is concerned at, inter alia, the lack
of access of these children to food and health and education
services and the exposure of these children to several risks,
including those related to substance abuse, violence, sexually
transmitted illnesses and HIV/AIDS. The Committee is concerned
in addition at the tendency of the criminal justice system
to treat these children as delinquents.
71. The Committee urges the State party to strengthen its
assistance to children living in and/or working on the street
by, inter alia, studying the causes and implementing
preventive measures and improving the protection of children
already in this situation, including through the provision
of education, health services, food, adequate shelter and
programmes to assist children to leave street life. The Committee
urges the State party to ensure that children living/working
on the street are not treated as delinquents for acts such
as their presence in the street or begging.
DENMARK (2001)
Concluding Observations of the Committee on the
Rights of the Child: Denmark, 10/07/2001, CRC/C/15/Add.151.
26. The Committee is aware of the measures taken by the State
party to promote non-discrimination through, inter alia,
the amendment to the Criminal Code and the preparation and
dissemination of a brochure concerning ethnic minorities and
the police. However, the Committee notes that de facto
discrimination against and xenophobia directed at certain
groups of children, especially children belonging to ethnic
minorities, refugee and asylum-seeking children, children
belonging to migrant families, children with disabilities
and those belonging to socially and economically disadvantaged
families continue to be of concern, including within the education
system.
27. In light of article 2 and other related articles of the
Convention, the Committee recommends that the State party
strengthen its measures, including through the Board for Ethnic
Equality by, inter alia, organizing ongoing awareness
raising campaigns to change attitudes and to eliminate de
facto discrimination against and xenophobia directed at minority
groups, especially children belonging to migrant families,
refugee children, children with disabilities and children
belonging to socially and economically disadvantaged families.
34. The Committee notes the various measures to address abuse
and neglect of children, including the implementation of the
proposals of an inter-ministerial working group on sexual
abuse. However, it remains concerned about the lack of information
on the magnitude of the phenomenon and the effects of the
various measures implemented.
35. The Committee recommends that the State party develop
and implement a comprehensive policy that includes an effective
reporting and referral system of all cases of child abuse,
including sexual abuse, and neglect; regular evaluation of
the results of the various measures taken; and legislation
that ensures child-sensitive, multi-disciplinary procedures
conducted by well-trained professionals, in order to avoid
further traumatizing of the child.
36. While noting the efforts of the State party, the Committee
remains concerned about the health problems faced by adolescents,
particularly the high incidents of eating disorders, especially
among teenage girls; drug, alcohol and tobacco abuse; and
suicide.
37. The Committee recommends that the State party reinforce
its efforts to address these adolescent physical and mental
health concerns through, inter alia, preventive education,
counselling and rehabilitative programmes to strengthen self-confidence
among young people and prevent behaviour that could negatively
affect their health.
38. Acknowledging the activities undertaken by the State
party in this regard, the Committee remains concerned about
the rather high level of bullying in schools and about the
inadequate protection of children from abuse, including sexual
abuse, in day care and other institutions.
39. The Committee recommends that the State party strengthen
its measures, in participation with children, to prevent and
combat violence and bullying in schools, taking into account
the recommendations of the National Council for Children in
that regard. Furthermore, the State party is encouraged to
take the necessary measures to prevent persons convicted of
crimes against children from working in care and other institutions
for children.
42. The Committee is aware of the efforts of the State party
to prevent and combat sexual abuse and exploitation, including
the recent establishment of an information collection system
on sexual abuse. The Committee is concerned about the lack
of awareness about child abuse and exploitation and the inadequate
efforts to address child pornography. The Committee also notes
the need for training for professionals working with and for
child victims of abuse, including police officers, lawyers
and social workers.
43. In light of article 34 and other related articles of
the Convention, the Committee recommends that the State party
reinforce its efforts to strengthen current policies and measures,
including care and rehabilitation, to prevent and combat these
phenomena. The Committee recommends that the State party take
all appropriate measures to introduce and/or reinforce training
for professional working with and for child victims of abuse
and exploitation.
44. The Committee notes that a bill has been introduced that
would provide support for children between the ages of 15
and 17 years who may be experiencing difficulties in adjusting
to the norms and rules of society, especially those children
in conflict with the law. However, the Committee remains concerned
about the situation of such children.
45. The Committee encourages the State party to continue
and, where necessary, reinforce its efforts in providing adequate
support to these children and to their parents.
DJIBOUTI (2000)
Concluding Observations of the Committee on the
Rights of the Child: Djibouti, 28/06/2000, CRC/C/15/Add.131.
17. The Committee is concerned that data collection in the
State party is insufficient to allow the systematic and comprehensive
collection of disaggregated quantitative and qualitative data
for all areas covered by the Convention in relation to all
groups of children in order to monitor and evaluate progress
achieved and assess the impact of policies adopted with respect
to children.
18. The Committee recommends that measures be taken to establish
a system to collect statistical and other data in all areas
covered by the Convention. Such a system should cover all
children up to the age of 18 years, with specific emphasis
on the most vulnerable groups, including girls, children with
disabilities, child labourers, children from nomadic groups
living in rural areas, children living and/or working in the
streets, children living in institutions and refugee children.
Technical assistance in this area from UNICEF, among others,
is encouraged.
25. The Committee notes that the new draft Family Code will
set the legal minimum age for marriage at 18 for both boys
and girls. It is concerned that current traditional practice
considers 15 years as a suitable age for marriage for girls,
while it is 18 for boys, and that the marriage age for girls
is too low and is a form of gender discrimination not acceptable
under the provisions of article 2 of the Convention.
26. The Committee recommends that the State party continue
its efforts to increase the legal minimum age for marriage
and eliminate discrimination against girls in this regard,
and that it consider the need for effective public information
and sensitization activities to discourage early marriage.
27. The Committee notes that the principle of non-discrimination
(art. 2) is reflected in the Constitution of Djibouti as well
as in domestic legislation and acknowledges efforts made to
promote education for girls. It is still concerned that insufficient
measures have been adopted to ensure that all children are
treated equally and are guaranteed equal access to education,
health and other social services. In this regard, it is extremely
concerned about the persistent discriminatory attitudes faced
by girls; it is also concerned about the discrimination faced
by refugee and asylum-seeking children and about the impact
of ethnic discrimination. The Committee is also concerned
about the discrimination that appears to be experienced by
children born out of wedlock, children with disabilities,
children living and/or working on the streets, and children
living in rural areas.
28. 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 affect all vulnerable groups,
particularly girls, refugee children and those from different
ethnic groups. 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.
31. The Committee is concerned that the insufficiently systematic
birth registration in the State party prevents an accurate
statement of the identity or age of a child, which can make
it very difficult for the protection afforded to children
by domestic legislation or by the Convention to be enforced.
It is concerned in particular about the difficulties experienced
in registering the birth of refugee children outside of the
refugee camps and about the limited type of birth registration
available in the camps.
32. In light of articles 1 and 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, and encourages the State
party to consider ratifying the 1954 Convention relating to
the Status of Stateless Persons and the 1961 Convention on
the Reduction of Statelessness, and to adopt national legislation
that is in conformity with these international instruments.
The Committee further urges the State party to proceed with
the registration of those children who have not been registered.
33. The Committee is concerned about the impact of gender
discrimination on the sharing of parental responsibility by
both parents and on the quality of the family environment,
as well as about the impact on children of the continuing
practice of polygamy. It is also concerned about the lack
of detailed information regarding cases of children separated
from their parents against their will when necessary for the
best interests of the child and respecting the legal guarantees
set by the provisions of article 9 of the Convention.
34. The Committee encourages the State party to review its
legislation, programmes and policies so as to promote the
equal sharing of parental responsibility, discourage the practice
of polygamy, and ensure adequate protection of children from
abuse and neglect even when it may involve the need to separate
children from their parents against their will.
39. The Committee expresses 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.
40. In light of article 23 of the Convention, the Standard
Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96) and the Committee's
recommendations adopted as its day of General Discussion on
the rights of children with disabilities (CRC/C/69) , 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 UNICEF and WHO, among others.
41. While welcoming the adoption of a national plan of action
and the State party's commitment to adopt the Integrated Management
of Childhood Illnesses (IMCI) strategy, the Committee is concerned
at the poor health status of children in Djibouti. It is particularly
concerned at the persistently high rates of infant and under-five
mortality, maternal mortality, child malnutrition and smoking,
and at the insufficient data collection with regard to child
health. While welcoming the adoption of "baby-friendly"
hospital initiatives, the Committee is also concerned about
the risk of mother-to-child transmission of HIV, given the
high rates of HIV infection. The Committee regrets the decline
in spending on the health sector and the reduction in vaccination
coverage.
42. 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, that it make every effort to increase vaccination
coverage, including by ensuring the maintenance of a cold
chain, and that it undertake effective collection and recording
of data in this respect. The Committee recommends that effective
measures be taken to provide information and support to HIV-infected
mothers to prevent HIV transmission, in particular by providing
safe alternatives to breastfeeding. The Committee recommends
that the State party address the social factors preventing
vulnerable groups (including women and children) from seeking
health care, and that particular efforts be made to reach
refugee and displaced children and those living on the streets.
The Committee urges the State party to develop effective partnerships
with NGOs and civil society groups, and to seek the technical
assistance of United Nations agencies such as WHO and UNICEF
in this respect.
43. While welcoming the recognition by the State party of
the importance of this problem, and the prohibition of the
practice in the new Penal Code, the Committee expresses its
concern about the widespread practice of female genital mutilation.
It acknowledges the efforts made to complement legal reform
with activities to raise awareness and sensitize health professionals
and the effort made to involve traditional leaders in the
effort to change traditional attitudes.
44. The Committee urges the State party to continue to take
effective measures to eradicate this practice, and encourages
it to benefit from the experience of other States that have
addressed similar issues. The Committee recommends that the
adoption of legal and judicial provisions in this area be
accompanied by further efforts to engage the community in
the process of changing cultural attitudes, including by assisting
traditional practitioners to seek alternative employment,
and if necessary by ensuring the enforcement of the legal
sanctions contemplated by article 333 of the new Penal Code
in order to set an example.
45. The Committee is concerned about the exposure of older
children in the State party, particularly those living on
the street or working in port areas and along truck routes,
to sexual exploitation and to sexually transmitted diseases,
including the risk of HIV infection. The Committee is also
concerned that girls married at a young age may not have sufficient
access to family planning services and counselling.
46. The Committee urges the State party to address the sexual
and reproductive health-care needs of older children, including
those married at a young age and those in vulnerable situations.
It recommends that the State party provide access to information
about sexual and reproductive health, and that services in
this area be user friendly and address the concerns and need
for confidentiality of adolescents. The Committee recommends
that the State party seek technical assistance from WHO and
UNICEF, among others, to develop a comprehensive strategy
that can address the needs of young people, and that it encourage
civil society and adolescents to participate in the design,
implementation and evaluation of such a strategy.
47. The Committee welcomes the recent efforts of the State
party to improve the situation of education in terms of elaborating
and carrying out educational programmes, and takes note of
efforts made to seek international assistance in this area.
However, the Committee remains seriously concerned about the
low rates of school enrolment and attendance and the high
drop-out and illiteracy rates, as well as about the extent
of gender disparities in this respect. It is also concerned
about the limited number of trained teachers and school facilities,
and further concerned by information indicating that refugee
children are denied access to education outside of refugee
camps.
48. The Committee recommends that the State party continue
its efforts to promote and facilitate school attendance, particularly
among girls and refugee children. In 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 UNICEF and
UNESCO, among others.
49. While acknowledging the challenges faced by the State
party as a result of the regional conflicts which repeatedly
lead to the arrival of a disproportionate number of asylum-seekers,
the Committee is concerned about the problems experienced
by refugee children. It is concerned about the absence of
national legislation defining the legal basis for asylum or
for granting stateless status. It is also concerned about
the resulting absence of an appropriate legal framework for
the protection of accompanied and unaccompanied child refugees
and asylum-seekers, and about the lack of health and education
services for all refugee children, including those living
outside the refugee camps.
50. The Committee urges the State party to make every effort
to implement the rights of refugee children, in accordance
with article 22 of the Convention and of the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol.
It recommends that the State party adopt national legislation
for the determination of refugee status, making suitable provision
for the special procedures required for child refugees. In
light of the provisions of articles 2, 10, 24 and 28 of the
Convention, the Committee further recommends that the State
party develop an appropriate legislative and administrative
framework to facilitate family reunification and adequate
access to all social services and to schools for refugee children
outside the camps.
57. The Committee is concerned about the high and apparently
increasing incidence of prostitution involving children, in
particular girls, and about the lack of facilities to provide
services to sexually exploited children.
58. 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 designing and implementing
appropriate policies and measures, including to promote the
physical and psychological recovery and social reintegration
of child victims of sexual exploitation, and to preventing
and combating the sexual exploitation of children while avoiding
the criminalization of child victims. In this regard, the
Committee encourages the State party to 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.
DOMINICA (2004)
Concluding observations of the Committee on the
Rights of the Child: Dominica, 30/06/2004, CRC/C/15/Add.238.
13. The Committee welcomes the various measures taken to
improve the economic growth of the country such as debt restructuring,
diversification of agriculture and the creation of various
funds. However, it remains concerned that budgetary allocation
is still insufficient for the implementation of the Convention,
particularly in the areas of health and education.
14. The Committee recommends that the State party pay particular
attention to the full implementation of article 4 of the Convention
by prioritizing budgetary allocations to ensure implementation
of the economic, social and cultural rights of children, in
particular those belonging to economically disadvantaged groups,
"to the maximum extent of … available resources
and, where needed, within the framework of international cooperation".
19. The Committee is concerned that the minimum age for access
to employment (12 years) is not in harmony with the age at
which compulsory education ends (16 years) . Furthermore,
the Committee is concerned that the distinction between a
child (under 14 years) and a young person (between the ages
of 14 and 18 years) may result in confusion and less protection
for a young person.
20. The Committee recommends that the State party increase
the minimum age for admission to employment in order to harmonize
it with the age at which compulsory education ends. It also
recommends that the State party ensure that, despite the current
distinction between a child and a young person, both receive
the same protection under the Convention.
21. The Committee is concerned that societal discrimination
persists against vulnerable groups of children, including
children with disabilities and Carib Indian children.
22. The Committee recommends that the State party increase
its efforts to ensure implementation of existing laws guaranteeing
the principle of non-discrimination and full compliance with
article 2 of the Convention, and adopt a proactive and comprehensive
strategy to eliminate discrimination on any grounds and against
all vulnerable groups.
23. 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 (2001) on the
aims of education.
24. While taking note of the establishment of the National
Youth Council, the Youth Parliament and the Youth Division,
the Committee remains concerned that, owing to cultural norms
and societal attitudes, children have limited opportunities
to freely express their views within the family, in schools
and in the courts.
25. The Committee recommends that the State party ensure
that children's views are given due consideration in the family,
the schools and the courts.
26. The Committee notes with appreciation the various actions
taken by the State party. However, the Committee is concerned
about children who have not been named and registered in accordance
to article 7 of the Convention.
27. The Committee urges the State party to increase its efforts,
including legislative measures and awareness-raising campaigns,
to ensure the registration of all children at birth, in accordance
with article 7 of the Convention.
28. The Committee is deeply concerned at the wide use of
corporal punishment in the State party. It also notes with
concern that corporal punishment is mentioned in the Education
Act of 1997 and that the Magistrate Code of Procedure allows
the whipping of a male child or a young person.
29. The Committee recommends that the State party: (a) Remove
all provisions from laws that allow corporal punishment and
explicitly prohibit corporal punishment by law in the family,
schools and other institutions; (b) Continue the constructive
dialogue with political leaders and the judiciary with the
aim of abolishing corporal punishment; (c) Continue to strengthen
public education campaigns among community leaders, school
administrators and parents about the negative consequences
of corporal punishment of children and promote positive, non-violent
forms of discipline as an alternative to corporal punishment;
(d) Establish an effective mechanism, either separate or as
a part of a mechanism that includes dealing with child abuse,
to receive, monitor and investigate complaints, including
intervening where necessary, and ensure that victims of corporal
punishment have access to assistance for recovery; and (e)
Seek technical assistance from, among others, UNICEF in this
regard.
30. The Committee notes with concern the limited degree to
which fathers assume their parental responsibility.
31. The Committee recommends that the State party undertake
measures to strengthen the capacities of families to take
care of their children, and in particular pay attention to
strengthening the role of fathers.
34. The Committee welcomes the establishment of the Child
Abuse Prevention Programme by the State party and other efforts
to address child abuse and neglect. However, it remains concerned
about the high incidence of child abuse in the State party.
35. The Committee recommends that the State party: (a) Undertake
studies on domestic violence, ill-treatment and abuse of children,
including sexual abuse within the family, in order to adopt
effective policies and programmes to combat all forms of abuse;
(b) Develop a national system for receiving, monitoring and
investigating complaints and, when necessary, prosecuting
cases, in a manner which is child sensitive and ensures the
victims' privacy; (c) Strengthen the activities of the Social
Welfare Division and its cooperation with non-governmental
organizations and provide it with the necessary resources
to establish a comprehensive and nationwide response system
which would provide, where appropriate, support and assistance
to both victims and perpetrators; (d) Seek technical assistance
from, among others, UNICEF and UNDP in this regard.
36. The Committee is concerned about children with disabilities
who often suffer from societal discrimination, and that a
significant proportion of them do not attend school or participate
in social and cultural life.
37. The Committee recommends that the State party: (a) Continue
to strengthen efforts to combat discriminatory attitudes towards
children with disabilities, particularly amongst children
and parents, and promote their participation in all aspects
of social and cultural life; (b) Formulate a strategy that
includes appropriate teacher training, to ensure that all
children with disabilities have access to education and, wherever
possible, that they are integrated into the mainstream education
system; (c) Take note 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, paras. 310-339) .
38. While taking note of the positive measures undertaken
by the State party to address the issues related to health
services, the Committee remains concerned at the poor availability
of drinking water and adequate sanitation facilities in certain
areas of the country and specifically in the Carib Territory.
39. The Committee recommends that the State party take all
necessary measures to ensure access to drinking water and
adequate sanitation facilities throughout the country.
40. The Committee is concerned at the high incidence of teenage
pregnancies and alcohol abuse among adolescents and the insufficient
level of youth mental health services, particularly in rural
areas and for Carib Indian children.
41. The Committee recommends that the State party: (a) Undertake
effective measures to reduce the rate of teenage pregnancies
through, inter alia, making health education, including
sex education, part of the school curriculum and strengthening
the campaign of information on the use of contraceptives;
(b) Undertake effective preventive and other measures to address
the rise in alcohol consumption by adolescents and increase
the availability and accessibility of counselling and support
services, in particular for Carib Indian children; (c) Strengthen
mental health and counselling services, ensuring that they
are accessible to, and appropriate for, all adolescents, including
Carib Indian children and those in rural areas.
42. The Committee takes note of the efforts undertaken by
the State party to establish programmes such as the Education
Trust Fund and Free Textbooks in order to assist children
living in poverty. However, the Committee is concerned at
the sustainability of such programmes. Furthermore, the Committee
is deeply concerned about the quality of education, access
to education by pregnant girls and teenage mothers and the
high drop-out rate, in particular among boys.
43. The Committee recommends that the State party, in the
light of the Committee's General Comment No. 1 (2001) on the
aims of education: (a) Carefully examine the budget allocations
and measures taken within this field with regard to their
impact on the progressive implementation of the child's right
to education and leisure activities; (b) Seek to implement
further participatory measures to encourage children, especially
boys, to stay in school during the period of compulsory education;
take further measures to facilitate the access to education
of children from all groups in society, particularly children
living in poverty; (c) Ensure that school attendance officers
use child-sensitive means to bring more children to school
and take other measures to give children incentives to stay
in the educational system; (d) Provide education opportunities
for pregnant girls and teenagers mothers so that they can
complete their education; (e) Continue and strengthen the
training of young teachers in particular and retain teachers
in primary and secondary education; (f) Include human rights
education in the curriculum; (g) Seek further technical assistance
from UNICEF and UNESCO, among others.
DOMINICAN REPUBLIC (2001)
Concluding Observations of the Committee on the
Rights of the Child: Dominican Republic, 21/02/2001, CRC/C/15/Add.150.
20. While noting the current review of the legislation on
this issue, the Committee expresses its concern at the different
minimum legal age for marriage with parental consent for girls
(15 years) and for boys (16 years) .
21. The Committee recommends that the State party raise and
equalize the minimum legal age for marriage for boys and girls.
22. The Committee is deeply concerned at the discrimination
against children of Haitian origin born in the State party's
territory or belonging to Haitian migrant families, especially
their limited access to housing, education and health services,
and notes in particular the lack of specifically targeted
measures to address this problem. Furthermore, concern is
expressed at the existing patterns of economic and social
disparities, and at gender and racial discrimination.
23. In the light of article 2 and other related articles
of the Convention, the Committee recommends that the State
party take, as a matter of priority, effective measures to
ensure that children of Haitian origin born in the State party's
territory or belonging to Haitian migrant families have the
same access to housing, education and health services as other
children. The Committee also recommends that the State party
strengthen and 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 living
in and/or working on the streets; and children living in rural
areas; and to guarantee their full enjoyment of all the rights
as recognized in the Convention.
26. While the Committee takes note of the State party's efforts
in the area of birth registration, it remains concerned that
a large percentage of children are not registered and are
not provided with identity cards, thus preventing them from
enjoying their rights fully. In particular, concern is expressed
about the situation of children of Haitian origin or belonging
to Haitian migrant families whose right to birth registration
has been denied in the State party. As a result of this policy,
those children have not been able to enjoy fully their rights,
such as to access to health care and education.
27. In the light of article 7 of the Convention, the Committee
recommends that the State party strengthen and increase 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 of Haitian origin or belonging
to Haitian migrant families.
33. While the Committee welcomes the adoption of special
legislation criminalizing domestic violence, the designation
of April as the Month of Child Abuse Prevention and the creation
of a hotline for abused children, it expresses its concern
that physical and sexual abuse - within and outside the family
- 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.
34. In the light of articles 19 and 39 of the Convention,
the Committee recommends that the State party take effective
measures, including reinforcing current multi-disciplinary
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 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 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.
35. While taking note of the State party's achievements in
the area of basic health and welfare, the Committee is concerned
about the very high infant and under-five mortality rates
as well as at the prevalence of malnutrition among children.
Concern is also expressed at the limited access to health
centres, in particular in rural areas. The persistence of
health problems related to insufficient access to safe water
and sanitation are also matters of concern.
36. The Committee recommends that the State party continue
taking all appropriate measures to improve the health infrastructure,
including through international cooperation, to ensure access
to basic health care and services for all children and to
increase access to safe drinking water and sanitation. More
concerted efforts need to be taken to combat malnutrition
and to ensure the adoption and implementation of a national
nutritional policy and action plan for children. The Committee
further recommends that the State party undertake initiatives
related to the reduction of infant mortality such as the "Integrated
Management of Childhood Illnesses" (IMCI) , a joint programme
of the World Health Organization (WHO) and UNICEF.
37. The Committee expresses its concern at the high teenage
pregnancy and maternal mortality rates; at the insufficient
access by teenagers to reproductive health and sexual education
and counselling services, including outside schools; at the
increasing rate of HIV/AIDS, STDs and drug and substance abuse
(e. g. , glue-sniffing) among children and adolescents; and
at the lack of information on mental health.
38. The Committee suggests that a comprehensive and multi-disciplinary
study be undertaken to understand the scope of the phenomenon
of adolescent health problems, especially early pregnancies
and maternal mortality. The Committee recommends that the
State party adopt comprehensive adolescent health policies
and strengthen reproductive health and sexual education and
counselling services. The Committee further recommends the
State party to continue taking measures for the prevention
of HIV/AIDS and to 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)
. The Committee also recommends that further efforts, both
financial and human, be undertaken for the development of
child friendly counselling services, as well as care and rehabilitation
facilities for adolescents. Measures to combat and prevent
substance abuse among children should be strengthened. The
Committee also recommends the development of mental health
services.
41. The Committee welcomes the State party's efforts in the
field of education, in particular the inclusion of human rights'
teaching, including children's rights, in the school curricula,
but it remains concerned about the high drop-out and repetition
rates in primary and secondary schools, disparities between
urban and rural areas in terms of access to education and
to quality education, the insufficient number of well-trained
teaching staff and children's limited access to materials
and text books. Concern is also expressed at various forms
of discrimination and exclusion which still affect the right
to education of certain groups of children, such as pregnant
adolescents, unregistered children, children with disabilities
and children of Haitian origin born in the State party's territory
or belonging to Haitian migrant families, reflecting insufficient
attention to article 29 of the Convention.
42. In the light of article 28 and other related articles
of the Convention, the Committee recommends that the State
party continue its efforts in the field of education by strengthening
its policies and system in order: to improve on-going retention
programmes and vocational training for drop-out students;
to improve schools' infrastructure; to continue with curricular
reform, including teaching methodologies; to eradicate regional
disparities with reference to school enrolment and attendance;
and to implement special education programmes taking into
account the needs of vulnerable children. The Committee further
recommends explicit inclusion of the aims of education as
mentioned in article 29 of the Convention in the school curricula.
47. While noting the creation of the National Inter-Agency
Commission for the Prevention and Eradication of Child Prostitution
in Tourist Centres, the Committee expresses its concern at
the absence of data and of a comprehensive study on the issue
of sexual commercial exploitation and sexual abuse of children,
as well as at the lack of implementation of the National Plan
of Action to address this issue. In addition, the Committee
expresses its deep concern at the increase of the number of
children in the State party suffering from sexual commercial
exploitation, apparently often related to sex tourism.
48. 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 care and rehabilitation policies
and measures 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 1996 Stockholm
World Congress against Commercial Sexual Exploitation of Children.
ECUADOR (1998)
Concluding Observations of the Committee on the
Rights of the Child: Ecuador, 26/10/98, CRC/C/15/Add.93.
23. With regard to adolescent health, the Committee is particularly
concerned at the high and increasing rate of teenage pregnancy,
the incidence of suicides by girls and insufficient access
by teenagers to reproductive health education and counselling
services, including outside of schools. The Committee is also
concerned at the increasing rate of substance abuse. It suggests
that a comprehensive and multidisciplinary study be undertaken
on adolescent health problems as a basis for promoting adolescent
health policies and strengthening reproductive health education
and counselling services. The Committee also recommends that
further efforts be undertaken to develop 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.
24. The Committee expresses its concern at the high incidence
of environmental threats, including to the health of children,
in particular in oil exploitation areas of the Amazonia region.
In the light of Article 24 (c) of the Convention, the Committee
recommends that the State party take all appropriate measures,
including seeking international cooperation, to prevent and
combat the damaging effects of environmental degradation,
including pollution, on children.
25. With regard to the implementation of Article 27 of the
Convention, the Committee is concerned about the widespread
poverty and deteriorating living conditions affecting the
majority of the population in the State party. It recommends
that the State party take comprehensive measures to establish
poverty alleviation programmes with special emphasis on the
access to health care and education of children, in particular
the most vulnerable groups of children.
EGYPT (2001)
Concluding Observations of the Committee on the
Rights of the Child: Egypt, 21/02/2001, CRC/C/15/Add.145.
25. In light of its previous concluding observations, the
Committee is concerned that the disparity between the minimum
age for marriage for males (18) and females (16) provided
in the 1923 Law on Marriage Age is discriminatory. The Committee
is also concerned about early and forced marriages, primarily
in rural areas.
26. The Committee recommends that the State party raise the
minimum age for marriage for females to that for males. In
addition, the Committee recommends that the State party continue
its efforts in respect of public education campaigns to combat
early and forced marriages, particularly in rural areas.
29. In light of its previous concluding observations, and
taking note of the efforts by the State party to address discrimination,
including the establishment of a gender unit within the NCCM
as well as of the National Council for Women, and of the promulgation
of Law No. 1 of 2000 concerning the regulation of certain
rules and procedures relating to litigation in cases of personal
status law, the Committee remains concerned at the persistence
of discrimination. In particular: (a) The Committee finds
that discrimination against girls and children born out of
wedlock under personal status laws (e. g. No. 25/1920, No.
25/1929, No. 260/1960, No. 100/1985, No. 77/1943) is incompatible
with article 2. Notwithstanding constitutional and other guarantees
of equality between the sexes, it considers that discriminatory
personal status laws are the entry-point of discrimination
against women in society. Moreover, the Committee is concerned
that discriminatory social attitudes towards the education
of girls, primarily in rural areas, result in their low school
enrolment and high drop-out rates, and in early and forced
marriages; (b) The Committee finds that infringement of a
child's rights under the Convention as a result of indirect
discrimination, or discrimination against his or her mother,
under personal status laws (e. g. in relation to child custody
upon separation) is incompatible with article 2. Concerning
the 1975 Nationality Law, the Committee is concerned at the
negative impact on children of restrictions on the right of
an Egyptian woman to pass on her nationality to her child,
particularly if she is married to a non-national.
30. In accordance with article 2 of the Convention, the Committee
recommends that the State party take effective measures, including
enacting or rescinding civil and criminal legislation where
necessary, to prevent and eliminate discrimination on grounds
of sex and birth in all fields of civil, economic, political,
social and cultural life. In this regard, the Committee encourages
the State party to consider the practice of other States that
have been successful in reconciling fundamental rights with
Islamic texts. In concurrence with the findings of the Committee
on Economic, Cultural and Social Rights (E/C.12/1/Add.4) ,
the Committee recommends that the State party remove all provisions
of the Nationality Law which discriminate against women, and
also against children. The Committee recommends that the State
party take all appropriate measures, such as comprehensive
public education campaigns, to prevent and combat negative
societal attitudes in this regard, particularly within the
family and train members of the legal profession, especially
the judiciary, to be gender-sensitive. Religious leaders should
be mobilized to support such efforts.
37. In light of articles 19 and 39 of the Convention, the
Committee is concerned at the incidence of ill-treatment of
children in schools despite its prohibition, and within the
family. It is further concerned that domestic violence is
a problem in Egypt and that this has harmful consequences
on children.
38. The Committee recommends that the State party take legislative
measures to prohibit all forms of physical and mental violence,
including corporal punishment and sexual abuse, against children
in the family, the schools, and in care institutions. The
Committee recommends that these measures be accompanied by
public education campaigns about the negative consequences
of ill-treatment of children, and the promotion of positive,
non-violent forms of discipline as an alternative to corporal
punishment. Programmes for the rehabilitation and reintegration
of abused children need to be strengthened. Moreover, adequate
procedures and State mechanisms need to be established to:
receive complaints in a child-friendly manner; monitor, investigate
and prosecute instances of ill-treatment; and ensure that
the abused child is not victimized in legal proceedings. The
Committee recommends the training of teachers, law enforcement
officials, care workers, judges and health professionals in
the identification, reporting and management of cases of ill-treatment.
Attention should be given to addressing and overcoming socio-cultural
barriers that inhibit victims from seeking assistance. In
concurrence with the Committee on Economic, Social and Cultural
Rights, the Committee recommends that the State party take
effective measures to combat domestic violence and criminalize
marital rape. The Committee recommends that the State party
seek assistance from UNICEF and WHO, among others.
39. In light of its previous concluding observations, the
Committee remains concerned at the situation of children with
disabilities and that only a very small percentage receive
specialized services.
40. The Committee recommends that the State party review
existing policies and practice in relation to children with
disabilities, taking due regard 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 at its day of general discussion on
"Children with disabilities" (see CRC/C/69) . The
Committee recommends that the State party pursue the development
of standardized definitions and terminology relating to disabilities
for the purposes of collecting comprehensive data on these
children. It encourages the State party to make greater efforts
to promote community-based rehabilitation programmes and inclusive
education; to address geographical disparities in the distribution
of services (i. e. in rural areas, and regions such as Upper
Egypt) ; to ensure the provision of services for children
under four years, as well as severely mentally disabled children.
The Committee encourages the State party to undertake greater
efforts to make available the necessary resources and to seek
assistance from UNICEF, WHO and relevant NGOs, among others.
41. The Committee is concerned at the high incidence of anaemia
and parasitic infections among children, particularly in rural
areas.
42. The Committee recommends that the State party improve
its health infrastructure and continue to cooperate and seek
assistance from UNICEF and WHO, among others.
43. The Committee is concerned at the insufficient information
available in relation to adolescent health, such as access
to reproductive health services, STDs and HIV/AIDS prevention
programmes, mental health counselling services and substance
abuse education.
44. The Committee recommends that the State party undertake
a comprehensive study to understand the nature and extent
of adolescent health problems and, with the full participation
of adolescents, use this as a basis to formulate adolescent
health policies and programmes. In light of article 24, the
Committee recommends that adolescents have access to and be
provided with reproductive health education and child-friendly
counselling and rehabilitation services. The Committee recommends
that the State party seek assistance from UNICEF and WHO among
others.
45. Taking note of the Government's 1996 decision to prohibit
female genital mutilation and the 1997 ministerial decree
banning this practice in Ministry of Health service outlets,
as well as various efforts to educate the public about the
harm caused by this practice, including campaigns in the media
and in the curricula, the Committee is concerned that the
practice is still widespread.
46. The Committee, concurring with the Committee on Economic,
Social and Cultural Rights, recommends that the State party
address the issue of female genital mutilation as a matter
of priority. In addition, the State party is urged to design
and implement effective education campaigns to combat traditional
and family pressures in favour of this practice, particularly
among those who are illiterate.
47. In light of its previous concluding observations and
taking note of significant efforts by the State party to improve
education coverage, enrolment and retention levels and the
inclusion of the Convention in the school curricula, the Committee
remains concerned at the poor quality of education in general.
The Committee is further concerned at the lack of success
of literacy programmes for school drop-outs.
48. The Committee encourages the State party to continue
its efforts to pursue universal access to education, targeting
the girl child and children belonging to the most vulnerable
groups. It recommends that the State party undertake a process
of curriculum reform which stresses the development of critical
thinking and problem-solving skills. In relation to the literacy
classes, the State party is encouraged to study the reasons
for their poor success rates, paying attention, inter
alia, to programme content, class scheduling, and negative
social perceptions held by young people of such classes. The
Committee encourages the State party to seek assistance from
UNICEF, UNESCO and relevant NGOs, among others.
51. The Committee is concerned at the insufficient data and
awareness of the phenomenon of commercial sexual exploitation
of children in Egypt.
52. The Committee recommends that the State party undertake
a national study on the nature and extent of commercial sexual
exploitation of children, and that disaggregated data be compiled
and kept up to date to serve as a basis for designing measures,
and evaluating progress. The Committee recommends that the
State party review its legislation and ensure that it criminalizes
the sexual exploitation of children and penalizes all offenders
involved, whether local or foreign, while ensuring that the
child victims are not penalized. The Committee recommends
that the State party: ensure that domestic laws concerning
the sexual exploitation of children are gender neutral; provide
civil remedies in the event of violations; ensure that procedures
are simplified so that responses are appropriate, timely,
child-friendly and sensitive to victims; include provisions
to protect from discrimination and reprisals those who expose
violations; and vigorously pursue enforcement. Rehabilitation
programmes and shelters should be established for child victims
of sexual abuse and exploitation. There is a need to adequately
train personnel working with child victims. The Committee
recommends that the State party carry out awareness-raising
campaigns to sensitize and mobilize the general public on
the child's right to physical and mental integrity and safety
from sexual exploitation.
EL SALVADOR (2004)
Concluding observations of the Committee on the
Rights of the Child: El Salvador, 30/06/2004, CRC/C/15/Add.232.
15. The Committee appreciates the statistical data provided
on children by the State party and efforts undertaken to improve
data collection. However, it remains concerned at the insufficient
data in some areas covered by the Convention, including on
children with disabilities, children who need special protection,
and indigenous children.
16. The Committee recommends that the State party continue
to strengthen its efforts to develop a system for a comprehensive
collection of comparative and disaggregated data on the Convention.
The data should cover all children below the age of 18 years
and be disaggregated by sex and by those groups of children
who are in need of special protection. The Committee recommends
that the State party develop indicators to effectively monitor
and evaluate progress achieved in the implementation of the
Convention and assess the impact of policies that affect children.
The State party is encouraged to seek technical assistance
from UNICEF and the Inter-American Children's Institute in
this respect.
17. The Committee is concerned that budget allocations for
children, including social services and education, are insufficient
to meet the needs of all children. It notes with particular
concern the existence of significant regional disparities,
particularly between urban and rural areas, with regard to
a range of social indicators, including education, health
and income.
18. The Committee recommends that the State party strengthen
its efforts to significantly increase the proportion of the
budget allocated to the realization of children's rights to
the "maximum extent … of available resources",
including through international cooperation, giving special
attention to children belonging to economically disadvantaged
groups. In particular, it urges the State party to ensure
that the process of decentralization and devolution of technical
and administrative services effectively addresses social and
economic disparities between rural and urban areas.
23. The Committee expresses its concern that the Family Code
allows marriage to be contracted by children as young as 14
years of age, who have reached puberty or have had a child
together or if the girl is pregnant.
24. The Committee recommends that the State party review
the rules regarding the possibility of concluding a marriage
below the general minimum age of 18 years, with a view to
increasing the minimum age for this exception and set them
at the same level for boys and girls. This should be accompanied
by awareness-raising campaigns and other measures to prevent
early marriages.
25. The Committee is concerned at the persistent discrimination
faced in the State party by indigenous children, children
with disabilities and girls.
26. In light of article 2 of the Convention, the Committee
recommends that the State party intensify its efforts to prevent
and eliminate all forms of de facto discrimination against
indigenous children, children with disabilities and girls.
29. The Committee is deeply concerned about the disproportionally
high number of children who are victims of crimes, violence
and homicides in the State party.
30. The Committee urges the State party to take effective
measures to address the high level of crime, violence and
homicides against children within the framework of strategies
based on constitutional norms and the rights of the child
enshrined in the Covenant. It also recommends that the State
party adopt policies which aim at addressing the causes which
give rise to the victimization of children.
33. The Committee is deeply concerned that an estimated 9.
8 per cent of the population in the State party have not been
registered at birth and do not have a birth certificate.
34. The Committee recommends that the State party strengthen
its efforts to ensure that children are registered at birth
and facilitate the registration of children without birth
certificates, including by overcoming the administrative and
bureaucratic obstacles at all levels, providing such registration
free of charge for all, and by conducting national campaigns.
In addition, the Committee recommends that the State party
provide every child with a birth certificate.
41. The Committee is concerned that Salvadoran society is
still characterized by high levels of violence, and notes
with particular concern the high number of cases of sexual
assault against minors.
42. The Committee recommends that the State party strengthen
policies and programmes at all levels to prevent violence
against children, inter alia, through the education
system and public awareness-raising campaigns.
43. While welcoming the measures taken by the State party
to combat domestic violence, the Committee remains concerned
at persistent large-scale abuse and violence within the family
as well as the prevalence of corporal punishment.
44. The Committee recommends that the State party strengthen
current efforts to address the problem of domestic violence
and child abuse, including through: (a) Ensuring the effective
implementation of the Domestic Violence Act, including the
elimination of corporal punishment; (b) Public education campaigns
about the negative consequences of ill-treatment and preventive
programmes, including family development programmes, promoting
positive, non-violent forms of discipline; (c) Ensuring that
all victims of violence have access to counselling and assistance
with recovery and reintegration; (d) Providing adequate protection
to child victims of abuse in their homes.
45. The Committee notes with appreciation that a number of
measures have been taken by the State party to improve the
situation of children with disabilities, particularly the
adoption of the Equality of Opportunity Act and Policy in
2000 and the establishment of the National Council on integral
care of persons with disabilities. The Committee regrets,
however, the lack of official data on the number of children
with disabilities in the State party and that discrimination
against children with disabilities still exists. Furthermore,
despite the adoption of policies for the accessibility of
education to children with special educational needs, the
Committee notes with concern that a high number of children
with disabilities do not attend any form of school education,
especially in rural areas.
46. The Committee recommends that the State party take all
necessary measures: (a) To address all issues of discrimination,
including social discrimination and discrimination against
children with disabilities in rural areas; (b) To collect
accurate statistical data on children with disabilities; (c)
To ensure and monitor implementation of the Equality of Opportunity
Act and Policy and to take into consideration the Standard
Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96); (d) To provide
equal educational opportunities for children with disabilities,
including by providing the necessary support and ensuring
that teachers are trained to educate children with disabilities
within regular schools.
47. The Committee expresses its concern about the potential
negative impact of international trade-related intellectual
property agreements on the access to affordable medicines.
48. The Committee recommends the State party to systematically
consider the best interests of the child when negotiating
trade-related intellectual property rights and implementing
them into national law. In particular, the State party should
conduct an assessment of the impact of international intellectual
property rights agreements on the accessibility of affordable
generic medicines, with a view to ensuring children's enjoyment
of the highest attainable standard of health.
49. The Committee welcomes the improvement of primary health
care, which has led to a decrease in infant mortality from
35 per thousand live births in 1998 to 25 in 2003. It is,
however, concerned that infant mortality rates and other health
indicators are significantly worse in some departments of
the State party. It also notes with concern that the incidence
of anaemia has increased, affecting 19. 8 per cent of children
below the age of 5 and about 10 per cent of mothers, in particular
in rural areas. Furthermore, the Committee is concerned at
the low prevalence of breastfeeding.
50. The Committee recommends that the State party continue
to strengthen its efforts in improving the health situation
of children in the State party and eliminating all restrictions
on the access to quality health services in all areas of the
country, in particular rural areas, so as to level out health
disparities. Furthermore, the State party is requested to
improve the nutritional status of children and encourage exclusive
breastfeeding for six months after birth with the addition
of appropriate infant diet thereafter.
51. The Committee is concerned about the high number of teenage
pregnancies and the lack of programmes on sexual and reproductive
health. It also regrets the lack of available information
on STIs and drug, alcohol and tobacco abuse.
52. The Committee recommends that the State party pay close
attention to adolescent health, taking into account General
Comment No. 4 (2003) on adolescent health and development
in the context of the Convention on the Rights of the Child.
In particular, the State party is recommended to strengthen
sexual and reproductive health education for adolescents,
especially in schools, with a view to reducing the incidence
of STIs and teenage pregnancies, and to provide teenage pregnant
girls with the necessary assistance and access to health care
and education.
53. While appreciating efforts made by the State party to
provide free access to antiretroviral drugs, the Committee
expresses its concern about the increasing incidence of HIV/AIDS
in the State party, and the high number of children who are
infected with HIV or have become AIDS orphans.
54. The Committee refers the State party to its General Comment
No. 3 (2003) on HIV/AIDS and the rights of the child and recommends
that the State party reinforce its efforts to combat HIV/AIDS,
including through: (a) Preventive programmes; (b) Undertaking
a comprehensive study to assess the prevalence of HIV/AIDS,
including the number of children affected by HIV/AIDS; (c)
Developing child-sensitive and confidential counselling, care
and reintegration facilities that are accessible without parental
consent when this is in the best interests of the child; and
(d) Seeking technical cooperation from, among others, UNFPA,
UNICEF, the Inter-American Children's Institute, WHO and UNAIDS.
55. The Committee notes with concern the persistent high
rate of poverty in the State party, especially in rural areas
and growing disparities between rich and poor.
56. The Committee recommends that the State party formulate
a comprehensive national strategy to reduce poverty, targeting
the most disadvantaged regions and groups and ensuring that
the needs of all children are met, and seek international
cooperation and assistance whenever it is necessary.
57. The Committee welcomes the progressive increase in elementary
education coverage in recent years and the elimination by
law, in October 2003, of the so-called voluntary fees, which
used to be levied in elementary education. However, it is
concerned at persisting gaps in coverage and quality of education
between urban and rural areas; high drop-out rates, particularly
among rural children; persistent high illiteracy rates among
children in rural areas, particularly among girls; and the
lack of additional funds allocated for education to address
the needs that were previously met by voluntary fees. The
Committee is also concerned that pregnant adolescents face
discrimination in access to education, that only 40 per cent
of students proceed to high school after elementary education
and that, despite a gradual increase over the last years,
the percentage of children between 4 and 6 attending pre-school
education remains low. The lack of access to educational and
vocational programmes of juvenile offenders is also a cause
for concern.
58. The Committee encourages the State party: (a) To ensure
sufficient funding to ensure free primary education of good
quality; (b) To strengthen efforts to bridge the gaps in coverage
and quality of education, including vocational training, throughout
the country, giving special attention to promoting education
of rural girls; (c) To take measures to identify the causes
of the high drop-out rate in primary schools, particularly
in rural areas, and take steps to address the situation; (d)
To strengthen non-formal educational and vocational programmes
for children who do not attend or complete regular school
education; (e) To ensure that pregnant adolescents are not
prevented from continuing their schooling; (f) To ensure that
juvenile offenders have access to adequate educational and
vocational programmes in detention centres and that teachers
who educate juvenile offenders receive adequate specialized
training; (g) To expand pre-school services with the assistance
of communities at the local levels; (h) To take steps to increase
the quality of teaching methods and provide adequate training
to teachers, including on how to handle "learning difficulties"
of children; (i) To ratify the 1960 UNESCO Convention Against
Discrimination in Education.
59. The Committee welcomes the preparation of the national
education plan for human rights education through a national
consultative process and with technical assistance from UNICEF,
UNESCO and the Office of the United Nations High Commissioner
for Human Rights in El Salvador. It regrets, however, that
the implementation of the national plan has not yet begun
as it has still not been officially adopted.
60. The Committee recommends that the State party adopt and
implement the national education plan for human rights education,
taking into account the Committee's General Comment No. 1
on the aims of education.
61. While welcoming the measures taken by the State party
to combat the worst forms of child labour, the Committee notes
with concern that child labour continues to be widespread
in El Salvador. The Committee is particularly concerned about
the high number of child domestic workers, who are vulnerable
to abuse and hindered in continuing their education, and about
children working in sugar cane plantations and in other hazardous
conditions.
62. The Committee urges the State party to continue to strengthen
measures to combat child labour. It recommends, in this regard,
that the State party strengthen the labour inspectorate, financially
and technically, in order to ensure the effective implementation
of child labour laws, including the prohibition against employing
children in harmful or hazardous work. The State party is
encouraged to give priority to addressing the vulnerable situation
of child domestic workers and to consider including this form
of child labour in the National Plan for the Progressive Elimination
of the Worst Forms of Child Labour 2002-2005, and to continue
to seek assistance from ILO/IPEC.
63. The Committee is concerned about the extent of sexual
exploitation and trafficking in the State party and about
the lack of effective programmes to address this problem.
It also regrets the lack of information on assistance and
reintegration programmes for children who have been subject
to sexual exploitation and trafficking.
64. In the light of articles 34 and 35 and other related
articles of the Convention, the Committee recommends that
the State party: (a) Strengthen measures and adopt multidisciplinary
and multisectoral approaches to combat sexual exploitation
of children and adolescents; (b) Undertake awareness-raising
campaigns, particularly for children, parents and other caregivers;
(c) Conduct a comprehensive study to assess the causes, nature
and extent of trafficking and commercial sexual exploitation
of children; (d) Ensure that trafficked children and children
who have been subjected to sexual exploitation are always
treated as victims; (e) Ensure that perpetrators are prosecuted;
(f) Provide adequate programmes of assistance and reintegration
for sexually exploited and/or trafficked children, 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; (g) Collaborate
with non-governmental organizations working on these issues
and seek technical assistance from, among others, the Inter-American
Children's Institute and UNICEF.
EQUATORIAL GUINEA (2004)
Concluding observations of the Committee on the
Rights of the Child: Equatorial Guinea, 3/11/2004, CRC/C/15/Add.245.
3. The Committee notes with appreciation the ratification
of: The Optional Protocol to the Convention on the Rights
of the Child on the sale of children, child prostitution and
child pornography, in February 2003; The Worst Forms of Child
Labour Convention, 1989 (No. 182), in 2001; 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; The Convention
on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and on Their Destruction,
in 1997.
13. While the Committee welcomes the State party's commitment
made in 1997 to allocate 40 per cent of all its oil revenues
to the social sector, it regrets that the necessary measures
have not been taken to fully meet this commitment. It also
regrets the lack of information about the budget allocated
to social expenditures for children, including for health,
welfare and education, at the central and local levels. The
Committee is concerned that budgetary allocations are insufficient
to respond to national and local priorities for the protection
and promotion of children's rights.
14. The Committee urgently recommends that the State party
meet as soon as possible its commitment made in 1997 and spend
40 per cent of all its revenues on the social sector. The
Committee also recommends that the State party pay particular
attention to the full implementation of article 4 of the Convention
by prioritizing budgetary allocations to ensure implementation
of the economic, social and cultural rights of children, in
particular those belonging to economically disadvantaged groups,
"to the maximum extent of … available resources
and, where needed, within the framework of international cooperation".
21. The Committee notes that the State party's legislation
sets 18 years old as the age of majority, but is concerned
about the application of the Spanish laws from before 1968
with regard to the minimum legal age for criminal responsibility
and marriage. It is also concerned about the young age at
which girls can marry according to traditional customs and
about the high number of girls who do marry early.
22. The Committee recommends that the State party review
the age limits set by different legislation affecting children,
in particular the Spanish laws from before 1968, to fully
ensure that they are in conformity with the principles and
provisions of the Convention. The Committee also recommends
that the State party take all necessary measures to prevent
illegal, early and/or forced marriages.
23. The Committee is concerned that societal discrimination
and cultural practices persist against vulnerable groups of
children, in particular girls, children born out of wedlock,
children with disabilities, children belonging to ethnic minorities
and children from poor and rural families, and that the measures
taken to prevent and combat this discrimination are insufficient.
24. The Committee recommends that the State party increase
its efforts to ensure the implementation of existing laws
guaranteeing the principle of non discrimination and full
compliance with article 2 of the Convention, and adopt a proactive
and comprehensive strategy, including through awareness-raising,
to change attitudes and values and eliminate discrimination
on any grounds and against all vulnerable groups, in particular
girls and children from poor and rural families.
28. The Committee notes with concern that little attention
is given to the views of the children in the family and in
the adoption of public policies, and that traditional practices
and attitudes still limit the full implementation of article
12 of the Convention, in particular for girls.
29. The Committee recommends that the State party take all
necessary measures, e.g. amending its legislation, to fully
reflect article 12 of the Convention so that any child "who
is capable of forming his or her own views" can express
those views freely. It also recommends that the State party
develop a nationwide campaign to increase public awareness
of the participatory rights of children, particularly at the
local levels and in traditional communities, and encourage
respect for the views of the child in families, schools, and
the care and judicial systems.
36. The Committee is concerned at the weakening of family
support for children, which is also demonstrated by the fact
that less than 50 per cent of children live with both parents
due to various factors including urbanization, very-large-scale
poverty, the increase of HIV/AIDS, a deterioration of traditional
solidarity and a high level of promiscuity.
37. The Committee recommends that the State party continue
and strengthen its efforts, including via the Ministry of
Social and Women's Affairs, to give priority to the development
and implementation of adequate measures to support vulnerable
families, such as single-parent families.
44. The Committee notes with concern information indicating
a high level of tolerance of promiscuity in families, the
lack of information available on child abuse in the family
and that legislation for the protection of children from sexual
abuse does not expressly prohibit sexual intercourse with
minors that are the offender's natural children.
45. The Committee recommends that the State party: (a) Undertake
studies on domestic violence, ill-treatment and abuse (including
sexual abuse within the family) in order to adopt effective
laws, policies and programmes to combat all forms of abuse;
(b) Develop a national system for receiving, monitoring and
investigating complaints and, when necessary, prosecuting
cases in a manner that is child sensitive and respects the
victims' privacy; (c) Reform legislation on child abuse in
the family to expressly prohibit sexual abuse; (d) Set up
a comprehensive and nationwide response system that is designed
to provide, where appropriate, support and assistance to both
victims and perpetrators of family violence, rather than only
intervention or punishment, and that ensures that all victims
of violence have access to counselling and assistance with
recovery and reintegration, while preventing stigmatization
of victims of abuse; (e) Seek technical assistance from, among
others, UNICEF, in this regard.
46. The Committee notes with appreciation the efforts undertaken
by the State party to extend the coverage of the health and
basic sanitation services. However, the Committee is very
concerned that despite decreases in the infant mortality rate,
under five mortality rate and maternal mortality rate, these
rates remain very high. It is further concerned at the high
incidence of malnutrition and that significant numbers of
poor families lack access to services, including safe drinking
water and sanitation facilities, which contributes to the
spread of communicable diseases. The Committee is also concerned
about the weak levels of community participation in the promotion
of health, and about insufficient budgetary allocations for
health services.
47. The Committee recommends that the State party: (a) Continue
expanding access to health services, in particular in rural
areas, and increase the competence of health personnel; (b)
Strengthen the implementation and coordination of existing
health policies and programmes, in particular the National
Action Plan (1992-2000), the Expanded Programme of Immunization,
and the Drinking Water and Environmental Health programmes;
(c) Facilitate greater access to primary health services;
continue to reduce the incidence of maternal, child and infant
mortality; prevent and combat malnutrition, especially amongst
vulnerable and disadvantaged groups of children; and promote
proper breastfeeding practices; (d) Ensure the provision of
adequate financial and human resources for the effective implementation
of the health programmes.
50. The Committee welcomes the efforts undertaken by the
State party to address the spread of HIV/AIDS, e.g. the National
Programme to fight HIV/AIDS, which provides for free and universal
antiretroviral medication, but remains very concerned at the
increasing prevalence of HIV/AIDS amongst adults (mainly women)
and youth and the increasing number of children orphaned by
HIV/AIDS. The Committee is concerned at the lack of alternative
care for these children.
51. The Committee recommends that the State party: (a) Increase
its efforts to prevent the spread of HIV/AIDS, taking into
account the Committee's General Comment No. 3 on HIV/AIDS
and the rights of the child and the International Guidelines
on HIV/AIDS and Human Rights; (b) Strengthen its measures
to prevent mother-to-child transmission, inter alia
through coordination with the activities aimed at reducing
maternal mortality; (c) Pay particular attention to children
who are infected themselves or who have become orphans because
of HIV/AIDS, by providing adequate psychological and material
support involving the community; (d) Strengthen or establish
campaigns and programmes to raise awareness about HIV/AIDS
among adolescents, particularly among those belonging to vulnerable
groups, as well as among the population at large, so as to
reduce discrimination against children infected and affected
by HIV/AIDS; (d) Ensure the provision of adequate financial
and human resources for the effective implementation of the
National Programme on HIV/AIDS; (e) Seek further technical
assistance from, inter alia, UNAIDS.
56. The Committee welcomes the State party's ratification
of ILO Conventions No. 138 and No. 182 in 2001 and takes note
of the adoption in 2004 of the new law against smuggling of
migrants and trafficking in persons. Nevertheless, it remains
concerned at the significant number of children, especially
girls, working on the street and as domestic servants and
about the lack of effective implementation of the labour laws
and mechanisms to control child labour.
57. The Committee recommends that the State party: (a) Undertake
a survey of the number of children working, including as domestic
servants and in the agricultural sector, in order to design
and implement comprehensive strategies and policies to prevent
and combat economic exploitation in these sectors; (b) Ensure
the implementation of legislation fully covering article 32
of the Convention and ILO Conventions No. 138 and No. 182,
taking due account of the Minimum Age Recommendation, 1973
(No. 146), the Worst Forms of Child Labour Recommendation,
1999 (No. 190) and the comments made by the ILO Committee
of Experts on the Application of Conventions and Recommendations;
(c) Undertake awareness raising campaigns to prevent and combat
the economic exploitation of children; (d) Strengthen cooperation
with countries from which cross-border child labour originates
in order to combat the economic exploitation of those children;
(e) Seek assistance from the International Programme on the
Elimination of Child Labour (ILO/IPEC) and UNICEF, among others.
58. The Committee is concerned at the growing number of child
prostitutes in the streets of the State party's capital. It
is also concerned that the State party's report lacks specific
data on sexual exploitation and trafficking of children and
information on legislation on sexual exploitation.
59. The Committee recommends that the State party: (a) Undertake
a study of the sexual exploitation of children in order to
assess its scope and causes, enable effective monitoring of
the problem and develop measures and programmes, including
social reintegration programmes, to prevent, combat and eliminate
it; (b) Develop and adopt a national plan of action against
sexual exploitation and trafficking 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; (c) Train law
enforcement officials, social workers and prosecutors on how
to receive, monitor, investigate and prosecute complaints
in a child sensitive manner that respects the privacy of the
victim; (d) Seek technical assistance from among others, UNICEF,
ILO and WHO.
ERITREA (2003)
Concluding observations of the Committee on the
Rights of the Child: Eritrea, 02/07/2003, CRC/C/15/Add.204.
3. The Committee notes with appreciation the State party's
successful efforts, following its independence in 1993: (a)
To reduce child mortality by over 50 per cent and increase
immunization coverage from 10 to 60 per cent; (b) To increase
enrolment and literacy rates, and the introduction of the
mother tongue as a language of instruction in primary schools;
(c) To develop programmes to improve girls' access to education,
including through participation in the African Girls Education
Initiative; (d) To develop a strategy and programmes to combat
female genital mutilation.
18. The Committee notes with appreciation that both the Transitional
Civil Code of Eritrea and the draft Civil Code define children
as all persons under the age of 18, and that the Constitution
states that men and women of full legal age shall have the
right, upon their consent, to marry and found a family freely.
Nevertheless, the Committee is concerned that customary law
does not have the same minimum age of marriage, and in practice
many children are married between the ages of 13 and 15.
19. The Committee recommends that the State party develop
sensitization programmes involving community, traditional
and religious leaders as well as society at large, including
children themselves, to enforce legislation and curb the practice
of early marriage.
20. The Committee is concerned that, as noted by the State
party, societal discrimination persists against vulnerable
groups of children, including girls, children with disabilities,
AIDS orphans and children born out of wedlock.
21. The Committee recommends that the State party increase
its efforts to ensure implementation of existing laws guaranteeing
the principle of non-discrimination and full compliance with
article 2 of the Convention, and adopt a proactive and comprehensive
strategy to eliminate discrimination on any grounds and against
all vulnerable groups.
22. 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).
23. The Committee is concerned that in all actions concerning
children, the general principle of the best interests of the
child contained in article 3 of the Convention is not always
a primary consideration, in particular in customary law.
24. The Committee recommends that the State party review
its legislation and administrative measures to ensure that
article 3 of the Convention is duly reflected therein and
that this principle is taken into account when administrative,
policy, judicial or other decisions are made. It further recommends
that the State party collaborate with local authorities, NGOs
and community leaders to develop awareness-raising campaigns
regarding the general principle of acting in the best interest
of the child.
25. The Committee notes with concern that the Transitional
Civil Code guarantees the right to be heard only to children
who have attained the age of 15 and that traditional practices
and attitudes still limit the full implementation of article
12 of the Convention, in particular for girls.
26. The Committee recommends that the State party amend its
legislation to fully reflect article 12 of the Convention
so that any child "who is capable of forming his or her
own views" can express those views freely, including
in all administrative and judicial proceedings affecting them.
It also recommends that the State party develop a nationwide
campaign to increase public awareness of the participatory
rights of children, particularly at the local levels and in
traditional communities, and encourage respect for the views
of the child in families, schools, and the care, administrative
and judicial systems.
27. The Committee is concerned that although parents are
required by law to register the birth of their children, a
significant number of children are not registered at birth.
28. In the light of article 7 of the Convention, the Committee
urges the State party to increase its efforts to ensure that
all children are registered at birth inter alia by
eliminating administrative costs for parents, conducting awareness-raising
campaigns and establishing mobile registration units in rural
areas. The Committee also recommends that the State party
undertake similar measures to register all children who were
not registered at birth. In this regard, the State party should
consider seeking technical assistance from UNICEF, the United
Nations Population Fund (UNFPA) and other potential donors.
31. The Committee is concerned at the lack of data on ill-treatment
of children, including child abuse and corporal punishment.
It also notes with concern that corporal punishment is not
expressly prohibited by law and is widely practised in the
home and in institutions.
32. The Committee recommends that the State party: (a) Establish
a mechanism to collect data on the victims and perpetrators
of abuse, disaggregated by gender and age, in order to assess
properly the extent of the problem and to design policies
and programmes to address it; (b) Carry out public education
campaigns about the negative consequences of ill treatment
of children and, in collaboration with community leaders and
others, promote positive, non-violent forms of discipline
as an alternative to corporal punishment; (c) Expressly prohibit
by law corporal punishment in the home, schools and other
institutions; (d) Establish effective procedures and mechanisms
to receive, monitor and investigate complaints of abuse, including
intervening where necessary, and ensure that victims have
access to assistance for their recovery; (e) Seek technical
assistance from, among others, UNICEF in this regard.
35. The Committee welcomes the State party's efforts to place
orphans with their extended families while providing these
families in particular female-headed households, with financial
assistance. The Committee also welcomes the information provided
during the dialogue that the criteria for potential adoptive
families are not as narrow as presented in the State party
report (para. 169). The Committee welcomes the State party's
efforts to phase out large-scale orphanages and other institutions
and to place children in group homes only as a last resort,
but remains concerned that existing services are insufficient
to provide for the large number of orphans, including AIDS
orphans, and unaccompanied refugee or displaced children.
36. The Committee recommends that the State party continue
to strengthen and expand its efforts to place children in
need of alternative care with their extended families and
to promote adoption of these children when appropriate. The
Committee also recommends that the State party continue and
expand as necessary its programme for the establishment of
children's group homes, and seek international assistance
in this regard.
37. The Committee notes with concern that there is no information
available on the various forms of child abuse in the family
and that legislation does not provide for effective protection
of children from sexual and physical abuse.
38. The Committee recommends that the State party: (a) Reform
its legislation on abuse in the family to expressly prohibit
sexual and physical abuse; (b) Undertake studies on domestic
violence, ill-treatment and abuse (including sexual abuse
within the family) in order to adopt effective policies and
programmes to combat all forms of abuse; (c) Develop an effective
national system for receiving, monitoring and investigating
complaints and, when necessary, prosecuting cases, in a manner
which is child-sensitive and ensures the victim's privacy;
(d) Set up a comprehensive nationwide response system to provide,
as appropriate, support and assistance to both victims and
perpetrators of family violence, rather than only intervention
or punishment, and which ensures that all victims of violence
have access to counselling and assistance for their recovery
and reintegration, while preventing stigmatization of victims
of abuse; (e) Seek technical assistance from, among others,
UNICEF and the United Nations Development Programme (UNDP)
, in this regard.
39. The Committee notes with appreciation the State party's
programme to extend health services which has increased access
from 10 to 70 per cent of the population since independence
in 1991, as well as its programme of cooperation with UNICEF
in the area of health and health services. However, the Committee
is concerned at the high rate of child and infant mortality
due to acute respiratory infections, diarrhoeal diseases,
malaria and malnutrition. It is further concerned that a considerable
number of families lack access to safe drinking water and
sanitation facilities, which contributes to the spread of
communicable diseases.
40. The Committee recommends that the State party: (a) Continue
to expand access to health services, in particular in rural
areas, and increase the skills of health personnel with a
view to reducing infant mortality rates; (b) Continue to strengthen
the implementation of existing health policies and programmes,
in particular the National Policy on Breastfeeding and Weaning
Practices (1995) and the Eritrean Rural Water Supply and Environmental
Sanitation Programme; (c) Expedite the adoption of the draft
Marketing of Infant and Young Child Foods Act.
41. The Committee is concerned at the lack of available data
regarding the prevalence of substance abuse, tobacco use and
suicide. It is also concerned about the growing problem of
sexually transmitted infections (STIs) among adolescents.
42. The Committee recommends that the State party take all
necessary measures to assess the prevalence of substance abuse,
tobacco use and suicide and take effective measures to prevent
and treat health problems affecting adolescents, including
the spread of STIs, through, inter alia, sex education,
counselling and availability of condoms.
43. The Committee is concerned about the rapid spread of
HIV/AIDS within the State party.
44. The Committee recommends that the State party actively
pursue its ongoing activities in collaboration with UNICEF
to counter HIV/AIDS and integrate respect for the rights of
the child into the development and implementation of its HIV/AIDS
policies and strategies on behalf of children infected with
and affected by HIV/AIDS, as well as their families, including
by making use of the International Guidelines on HIV/AIDS
and Human Rights (E/CN. 4/1997/37, annex) and the Committee's
general comment No. 3 on HIV/AIDS and the rights of the child.
45. While the Committee notes with appreciation the adoption
of a strategy to eliminate female genital mutilation, it is
very concerned at the widespread practice of FGM, which affects
almost 90 per cent of girls in the State party. It is also
concerned about other harmful traditional practices, including
early marriage, which contributes to the high rate of maternal
mortality.
46. The Committee recommends that the State party continue
to strengthen the implementation of its Strategy to Eliminate
Female Genital Mutilation (1999) and undertake legislative
reform to expressly prohibit the practice. It also recommends
that the State party undertake similar educational and awareness
programmes, in cooperation with NGOs and community leaders,
with regard to other harmful traditional practices such as
early marriage.
47. The Committee welcomes the information provided by the
State party during the dialogue that it has drafted a National
Child and Family Welfare Policy, which includes measures to
integrate children with disabilities into the education system.
Yet, it remains concerned that children with disabilities
often suffer from societal discrimination and that a significant
proportion do not attend school or participate in social and
cultural life.
48. The Committee recommends that the State party: (a) Adopt
and implement the draft National Policy on Persons with Disability,
which should include measures to educate the public about
ways to prevent disability, and ensure that children's rights
are adequately integrated into the policy; (b) Adopt and implement
the draft National Child and Family Welfare Policy; (c) Continue
to strengthen efforts to combat discriminatory attitudes towards
children with disabilities, particularly amongst children
and parents, and promote their participation in all aspects
of social and cultural life; (d) Formulate a programme that
includes appropriate teacher training in order to ensure that
all children with disabilities have access to education, including
vocational training, and that wherever possible they are integrated
into the mainstream education system.
51. The Committee is encouraged by the State party's efforts
to increase enrolment rates in basic education, reduce illiteracy,
promote cultural and recreational activities and provide education
in the native language of all nine ethnic groups. However,
it is concerned that enrolment and literacy levels are still
low, particularly in secondary and pre-primary education,
and that there is a significant disparity between the number
of boys and girls in school. It also notes with concern that
there are few trained teachers and limited opportunities for
teachers to upgrade their skills.
52. The Committee recommends that the State party: (a) Continue
to strengthen measures aimed at increasing enrolment rates
in primary and basic education, in particular for girls; (b)
Undertake additional efforts to increase the budget for education;
(c) Continue its activities in the area of cultural and recreational
activities; (d) Expand public provision of early childhood
education, in particular in rural areas, and increase the
number of trained pre-school teachers, and raise awareness
amongst parents about the value of early childhood education;
(e) Prioritize and continue to strengthen and expand efforts
at teacher training and expand recruitment of qualified teachers,
in particular women and persons from all ethnic groups for
education in mother-tongue programmes; (f) Include human rights
education as part of the curriculum.
57. Although the State party recognizes that prostitution,
including child prostitution, is not a serious problem, the
Committee notes with concern the lack of specific data on
the commercial sexual exploitation of children.
58. The Committee recommends that the State party: (a) Expedite
the adoption and implementation of the Eritrean Child Law
and the National Plan of Action to Rehabilitate Commercial
Sex Workers; (b) Undertake a study of children involved in
the commercial sex industry and use the data to design policies
and programmes to prevent commercial sexual exploitation of
children, including through the development of a National
Plan of Action on Commercial Sexual Exploitation of Children
as agreed at the first and second World Congresses against
Commercial Sexual Exploitation of Children held in 1996 and
2001; (c) Train law enforcement officials, social workers
and prosecutors on how to receive, monitor, investigate and
prosecute complaints in a child-sensitive manner that respects
the privacy of the victim; (d) Prioritize recovery assistance
and ensure that education and training as well as psychosocial
assistance and counselling are provided to victims; (e) Cooperate
with countries in the region to combat commercial sexual exploitation
and trafficking of children.
61. The Committee notes that the State party has not ratified
the Optional Protocols to the Convention on the Rights of
the Child on the sale of children, child prostitution and
child pornography, and on the involvement of children in armed
conflict.
62. The Committee recommends that the State party ratify
the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child
pornography, and on the involvement of children in armed conflict.
ESTONIA (2003)
Concluding observations of the Committee on the
Rights of the Child: Estonia, 17/03/2003, CRC/C/15/Add.196.
21. The Committee is concerned that the right to non-discrimination
(article 2 of the Convention) , the principle that the best
interests of the child shall be a primary consideration (art.
3) , the right to life, survival and development of the child
(art. 6) and the right of the child to express his or her
views freely and to have those views taken into account according
to age and maturity (art. 12) are not fully reflected in the
State party's legislation, policies and programmes at the
national and local levels.
22. The Committee recommends that the State party: (a) Appropriately
integrate the general principles of the Convention, namely
articles 2, 3, 6 and 12, into all relevant legislation concerning
children; (b) Apply those principles in all political, judicial
and administrative decisions, as well as in projects, programmes
and services which have an impact on all children; (c) Apply
those principles in planning and policy-making at every level,
as well as in actions taken by social and health welfare and
educational institutions, courts of law and administrative
authorities.
23. The Committee is concerned that the current discriminatory
attitudes towards linguistic minority communities (e. g. the
Russian-speaking community) , non-citizens, especially those
without legal status, and other disadvantaged groups may restrict
directly or indirectly the rights guaranteed under the Convention
to children belonging to those groups. In particular, the
Committee is concerned: (a) That there are no legislative
provisions defining crimes with a racist element as racially
motivated crimes, or for racist motivation to be taken into
account by the courts as a factor when delivering their sentence.
In this regard, the Committee is concerned at the effectiveness
of measures to guarantee the security of children who may
be victims of racist acts; (b) That there is no legislation
at present prohibiting discrimination in housing, and access
to education and public services; 30. The Committee notes
the information on the Tartu and Tallin support centres, as
well as the recent studies on child sex abuse, and bullying
in schools. The Committee also notes that all violence against
children is prohibited. However, it remains concerned that
there is still insufficient information on and awareness of
the ill-treatment and abuse of children within the family,
in schools and in institutions, as well as of domestic violence
and its impact on children. Moreover, it is concerned that
current efforts in this regard may have limited impact because
of the lack of a comprehensive strategy and the inadequate
allocation of resources.
31. The Committee recommends that the State party: (a) Conduct
a study to assess the causes, nature and extent of ill-treatment
and abuse of children, including sexual abuse, and design
policies and programmes to address them, bearing in mind the
importance of prevention programmes; (b) Explicitly prohibit
corporal punishment and take all measures to prevent all forms
of physical and mental violence, including corporal punishment
and sexual abuse of children in the family, in schools and
in institutions; (c) Continue to carry out public education
campaigns on the negative consequences of ill-treatment of
children, and promote positive, non-violent forms of discipline
as an alternative to corporal punishment; (d) Establish effective
mechanisms and procedures for receiving, monitoring and investigating
complaints, including intervention where necessary; (e) Investigate
and prosecute instances of ill-treatment, ensuring that the
abused child is not further victimized in legal proceedings
and that his or her privacy is protected; (f) Give attention
to addressing and overcoming sociocultural barriers that inhibit
victims from seeking assistance; (g) Provide counselling,
care, recovery and reintegration services to victims and perpetrators
alike; (h) Train teachers, law enforcement officials, care
and social workers, judges and health professionals in the
identification, reporting and management of cases of ill treatment;
(i) Devise a comprehensive strategy for reducing and preventing
violence in schools, whether among students or by teachers,
including through peer groups; (j) Take 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).
38. The Committee appreciates the many efforts made in this
field, as well as the fact that the State party acknowledges
that challenges remain with regard to guaranteeing children
with disabilities the rights contained in the Convention and
integrating them in mainstream education and support for families.
It notes with concern that the implementation of the Education
Act does not sufficiently envisage the inclusion of disabled
children; that negative societal attitudes towards inclusion
persist; and that support payments are only payable for disabled
children up to16 years of age.
39. The Committee recommends that the State party: (a) Review
existing policies and practice in relation to children with
disabilities, taking due account 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
children with disabilities (CRC/C/69, para. 338) ; (b) Provide
early childhood care and special education for children with
disabilities; (c) Make greater efforts to implement alternatives
to the institutionalization of children with disabilities,
including community-based rehabilitation programmes; (d) Undertake
awareness-raising campaigns which focus on prevention, inclusive
education, family care and the promotion of the rights of
children with disabilities; (e) Give attention to combating
negative societal attitudes towards children with disabilities;
(f) Provide adequate support, supervision and training to
persons working with these children, including the teaching
staff, in mainstream schools; (g) Take measures to remove
physical barriers to enable effective access of children with
disabilities to schools and other institutions and services
in a manner conducive to the child's achieving the fullest
possible social integration and individual development.
40. The Committee notes the existence of the State-sponsored
ongoing prevention programme on alcoholism and substance abuse,
1997-2002, and welcomes information in the written replies
concerning the development of new programmes to address the
reproductive health of youths including sexually transmitted
diseases and HIV/AIDS. However, the Committee is concerned
at the prevailing mental health problems, the high suicide
rate, the large number of abortions, sexually transmitted
diseases, the increasing number of HIV infections among injecting
drug users and the high number of accidents, and reiterates
the concerns expressed by the Committee on Economic, Social
and Cultural Rights (E/C.12/1/Add. 85, paras. 27-30) where
these relate to children.
41. The Committee recommends that the State party: (a) Strengthen
and ensure that these programmes for adolescent health are
effectively implemented, including through the provision of
adequate resources; (b) Ensure that future measures are formulated
with the full participation of adolescents; (c) Ensure that
adolescents have access to child-sensitive and confidential
counselling services, including mental health; (d) Strengthen
efforts in the area of adolescent health education within
schools.
42. The Committee welcomes inclusion of the Convention in
the school curriculum, and appreciates the acknowledgment
by the State party that there are challenges facing the right
to education. In this regard, it shares the concern that more
than 5,000 children do not attend school, and repetition and
drop-out rates are high. Possible reasons for dropouts include:
lack of security from bullying, overcrowded classrooms, poor
school environment as a result of diminished extra-curricular
activities, overburdened teachers and closure of schools in
rural areas for economic reasons.
43. The Committee encourages the State party: (a) To study
the causes of the high repetition, drop-out and non-attendance
rates and undertake effective actions to address these problems
on the basis of the findings of the study; (b) To consider
adapting the school curricula to the varied needs of children
and promote activities that may attract children to schools,
thereby reducing the number of dropouts; (c) To evaluate the
effectiveness of those activities and devise strategies accordingly;
(d) To further enhance the system of education for national
minorities; (e) To take adequate measures to promote a non-violent
environment in schools; (f) To take all the appropriate measures
to implement Regulation No. 209 for mother tongue instruction
for students whose mother tongue is not Estonian, providing
also for the teaching of their culture and history; (g) To
consider implementing the recommendations made by the Legal
Chancellor with regard to schools in rural areas; (h) To improve
the quality of education in the whole country in order to
achieve the goals set out in article 29, paragraph 1, of the
Convention and in the Committee's General Comment on the aims
of education (CRC/GC/2001/1) , and to ensure that human rights
education, including children's rights, are included into
the school curricula.
44. The Committee is concerned at the increasing number of
street children and at the lack of a systematic comprehensive
strategy to address this situation and to provide these children
with adequate assistance.
45. The Committee recommends that the State party: (a) Undertake
a study on the causes and scope of the phenomenon of street
children and develop a comprehensive strategy with the aim
of preventing and reducing this phenomenon and protecting
children; (b) Ensure that street children are provided with
adequate nutrition, clothing, housing, health care and educational
opportunities, including vocational and life-skills training,
in order to support their full development; (c) Ensure that
these children are provided with recovery and reintegration
services, including psychosocial assistance for physical,
sexual and substance abuse, and services for reconciliation
with their families.
48. The Committee is concerned at the insufficient information
and awareness of the extent of commercial sexual exploitation
and trafficking of children. It is also concerned that there
is no specific prohibition in law of trafficking in human
beings, including for the purpose of prostitution.
49. 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 assessing the causes,
nature and extent of sexual exploitation and trafficking of
children, including prostitution and child pornography (including
on the Internet) , and implement appropriate policies and
programmes for prevention and protection and for the recovery
and social reintegration of child victims, in accordance with
the 1996 Declaration and Agenda for Action and the Global
Commitment adopted at the Second World Congress against Commercial
Sexual Exploitation of Children, held in 2001.
ETHIOPIA
(2001)
Concluding Observations of the Committee on the
Rights of the Child: Ethiopia, 21/02/2001, CRC/C/15/Add.144.
30. While noting the State party's strong non-discrimination
constitutional provisions, the Committee is concerned, nevertheless,
that children and their families who are members of ethnic
groups which are in a minority in a particular region, or
which are not in control of the region's administration, face
discrimination. The Committee is concerned, in addition, that
girls and children with disabilities face extensive discrimination,
inter alia, in terms of their access to education.
The Committee is concerned, further, that societal discrimination
against women and against adults with disabilities limits
the opportunities for girls and for children with disabilities
to achieve full respect for their rights.
31. The Committee recommends that the State party make appropriate
additional efforts to strengthen implementation of the non-discrimination
provisions of the Constitution, giving particular attention
to the situation of children from ethnic groups which are
a minority within a particular province, to girls, to children
with disabilities and to discrimination against women. The
Committee recommends that the State party seek assistance
from UNICEF in this regard.
34. The Committee joins the State party in expressing deep
concern at the very low levels of birth registration in the
State party.
35. The Committee recommends that the State party continue
and strengthen its ongoing efforts to establish institutional
structures, for example through the use of mobile registration
centres, in order to ensure full birth registration throughout
the country. The Committee recommends, in addition, that information
campaigns be used to inform the population of birth registration
requirements.
38. While noting the Ministry of Education's interim measures
prohibiting the use of corporal punishment in schools, the
Committee remains concerned that, in practice, corporal punishment
remains common in schools and in the context of the family.
39. In the light of article 28. 2 of the Convention, the
Committee recommends that the State party permanently prohibit
all forms of corporal punishment, including in the context
of school and the family, inter alia, through the
enforcement of appropriate legislation, through awareness
raising activities for parents, teachers and other relevant
groups and through the training of teachers in alternative
disciplinary sanctions which are not harmful to children.
The Committee recommends that, for this purpose, the State
party consider taking advantage of the current drafting of
a new penal code. The Committee recommends, in addition, that
children be provided with mechanisms through which they can
report and complain of corporal punishment practices.
46. The Committee is concerned that violence against women
in the context of the family remains widespread and continues
to have a negative impact on children. The Committee is concerned,
in particular, that domestic violence against women may lead
to child abuse in the family.
47. The Committee recommends that the State party make further
efforts to address and condemn violence against women, including
in the context of the family. The Committee recommends that
the State party take steps to monitor and address any incidence
of violence and sexual or other abuse against children.
52. The Committee is deeply concerned at the extremely high
infant mortality rates and low life expectancy in the State
party. The Committee is concerned, in particular, at the high
incidence of malaria and tuberculosis and their effects upon
children, at the fragile health infrastructure, limited health
awareness among the public and the limited implementation
of the 1993 Health Policy and the 1994 Social Policy. The
Committee is deeply concerned that implementation of health
policies has been slow and that only limited progress has
been achieved in this area.
53. The Committee urges the State party to ensure that access
to primary health care services is increased, that national
health infrastructure is strengthened and that public health
education programmes are used to lower infant mortality rates
and raise life expectancy in the State party. The Committee
recommends that the State party seek assistance from the World
Health Organization, UNICEF and the United Nations Development
Programme in this regard.
58. The Committee is concerned at the large number of children
with HIV/AIDS or who are affected by the HIV/AIDS-related
illness or death of their parents and other family members,
and at the need for concerted action by the State party.
59. The Committee urges the State party to make efforts to
remain informed of the scale of the HIV/AIDS problem in the
country, to reduce the spread of HIV/AIDS and to provide assistance
to children with HIV/AIDS and to children whose parents and
other family members have HIV/AIDS. The Committee further
recommends that the State party give particular attention
to HIV/AIDS orphans and to ensuring that children with HIV/AIDS
are not discriminated against. The Committee recommends that
the State party make use of educational measures, inter
alia.
60. The Committee is concerned at the insufficient provision
for adolescent health care and at the high incidence of early
pregnancy in the State party. The Committee is concerned,
in addition, at the incidence of sexually transmitted diseases.
61. The Committee recommends that the State party make every
effort to improve adolescent health services, to lower the
incidence of early pregnancy and to lower the incidence of
sexually transmitted diseases through, inter alia,
improved reproductive health education and child-friendly
counselling services.
64. Recognizing that there has been some improvement, the
Committee, nevertheless, remains deeply concerned at reports
from the National Committee on Traditional Practices in Ethiopia
(NCTPE) (September 1998) indicating that 72. 7 per cent of
the female population undergoes some form of female genital
mutilation. The Committee is concerned, further, at other
practices reported by the NCTPE, including uvulectomy, milk-teeth
extraction and forced marriage.
65. The Committee urges the State party to continue and strengthen
its current efforts to end practices of female genital mutilation,
early and forced marriage and other harmful traditional practices,
and recommends that the State party take advantage of the
experience gained by other countries.
66. The Committee is deeply concerned at the very low rates
of primary and secondary school enrolment, at the especially
low rate of enrolment among girls and at the very high drop-out
rate. The Committee is concerned, in addition, that insufficient
resources among education authorities, schools and parents
are having a negative impact on children's enrolment in and
completion of primary and secondary school.
67. The Committee recommends that the State party pursue
its efforts to increase enrolment, build additional schools,
supply better school equipment, improve teacher training and
recruit more teachers in order to improve the quality of education,
giving particular attention to those regions most in need
of such assistance. The Committee recommends that the State
party take action to assist with the costs of education, inter
alia, school uniforms and fees, for those children with
insufficient means. The Committee urges the State party to
make every effort to increase the enrolment of girls at both
primary and secondary school levels and to ensure that all
children enrolled are able to complete their education. The
Committee recommends that the State party seek assistance
from UNICEF and UNESCO in this regard.
72. The Committee is deeply concerned at reports of sexual
exploitation, prostitution, rape and other sexual abuse of
children.
73. The Committee urges the State party to address urgently
practices of sexual exploitation, rape and other sexual abuse
of children through, inter alia, the provision of
care to and the rehabilitation and social reintegration of
victims, the enforcement of criminal law, the prosecution
of perpetrators of these acts and increased monitoring and
reporting of such incidents. The Committee recommends, further,
that the State party undertake grassroots awareness campaigns
on sexual exploitation and other sexual abuse of children,
including the translation of relevant terms into local languages.
The Committee also recommends that the State party take 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.
74. The Committee is concerned at the large numbers of children
living or working on the streets of the main cities in the
State party, and at their lack of access to education, health
care, essential nutrition and housing. The Committee is also
concerned at the numbers of children involved in child labour.
75. The Committee recommends that the State party make urgent
efforts to protect the rights of children currently living
and/or working on the streets, including through the provision
of education, health care, nutritional aid and alternative
care assistance. The Committee recommends, in addition, that
the State party address the causes of children falling into
a situation of street life. The Committee recommends, further,
that the State party make efforts to address the incidence
of child labour and to respect and implement the provisions
of International Labour Organization (ILO) Convention No.
182 Concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour (1999) . The
Committee recommends that the State party seek assistance
from the ILO in this regard.
(1997)
Concluding Observations of the Committee on
the Rights of the Child: Ethiopia, 24/01/97, CRC/C/15/Add.67.
12. The Committee expresses its concern about the negative
effects of poverty on the situation of children in Ethiopia,
as illustrated by the high levels of infant and under-five
mortality rates and malnutrition, and at the low levels of
school enrolment, education, immunization coverage and health
services in general.
14. The Committee remains concerned at prevailing traditional
attitudes and harmful practices, such as female genital mutilation,
early marriages and teenage pregnancies, and at the persistence
of discriminatory social attitudes against vulnerable groups
of children, such as the girl child, disabled children, children
born out of wedlock and children affected by or infected with
HIV/AIDS, including orphans.
23. The Committee encourages the Government to continue its
efforts aimed at promoting awareness and understanding of
the principles and provisions of the Convention, in the light
of Article 42 of the Convention, in particular by ensuring
the translation and publication of the text of the Convention
in all national languages. Such measures would promote change
in persisting negative attitudes towards children, particularly
girls, disabled children, children born out of wedlock, children
affected by or infected with HIV/AIDS, including orphans,
and contribute to abolishing traditional practices prejudicial
to the health and well-being of children, such as female genital
mutilation, early marriages and teenage pregnancies. Such
efforts should be pursued in close cooperation with community
and religious leaders and non-governmental organizations,
at all levels of the State, i. e. national, regional, zonal
and woreda levels, and special emphasis should be placed
on the need to coordinate the policies designed to implement
the Convention between central and local authorities.
28. The Committee recommends that with respect to the implementation
of Article 4 of the Convention, budget allocations should
be made to the maximum extent of the State party's available
resources and should give priority to the realization of the
economic, social and cultural rights of children, including
the rights to health, education and rehabilitation, and that
particular attention be paid to children belonging to the
most disadvantaged groups, such as girls, disabled children,
children living in rural areas, children living and/or working
in the street, children involved in the administration of
juvenile justice system and children affected by or infected
with HIV/AIDS, including orphans. In this regard, and with
a view to contributing to the maximum use of scarce resources,
the Committee recommends that the State party accord greater
attention to the development of a primary health-care system,
which would develop a culture of nutrition, hygiene and sanitation.
31. With reference to the implementation of Article 19 of
the Convention, the Committee recommends that a system of
complaints aimed at children victims of any form of violence,
abuse, including sexual abuse, neglect, maltreatment or exploitation,
even while in the care of their parents, be established, as
a means to ensure protection of and respect for their rights.
It further recommends that cases of abuse be properly investigated,
sanctions applied to the perpetrators and publicity given
to the sanctions applied to such crimes. The Committee also
recommends that a comprehensive and integrated public information
campaign be elaborated with a view to preventing and combating
all forms of abuse of children and that all necessary measures
be taken to ensure the physical and psychological recovery
and the social reintegration of children victims of the war,
in the light of Article 39 of the Convention.
FIJI (1998)
Concluding Observations of the Committee on the
Rights of the Child: Fiji, 24/06/98, CRC/C/15/Add.89.
19. While the Committee acknowledges the State party's efforts
to reduce the infant mortality rate and the under-five mortality
rate, it is still concerned about the prevalence of malnutrition
and high rates of maternal mortality, as well as the limited
access to health services on remote islands.
20. While the Committee takes note of the efforts undertaken
by the State party in the field of adolescent health, it is
particularly concerned at the high and increasing rate of
early pregnancies, the incidence of sexually transmitted diseases
among the youth, the occurrence of teenage suicide, the insufficient
access by teenagers to reproductive health education and counselling
services, including outside schools, and the insufficient
preventive measures on HIV/AIDS.
21. With regard to the situation of children with disabilities,
the Committee expresses its concern at the insufficient measures
taken by the State party to ensure effective access of these
children to health, education and social services, and to
facilitate their full inclusion into society. The Committee
is also concerned about the small number of well-trained professionals
working with and for children with disabilities.
39. The Committee recommends that the State party promote
adolescent health policies and the strengthening of reproductive
health education and counselling services. The Committee further
suggests that a comprehensive and multidisciplinary study
be undertaken to understand the scope of adolescent health
problems, especially early pregnancies. The Committee also
recommends that further efforts, both financial and human,
be undertaken to develop child-friendly care and rehabilitation
facilities for adolescents and their families.
40. In light of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) , the Committee recommends that the State
party develop early identification programmes to prevent disabilities,
implement alternatives to the institutionalization of disabled
children, envisage awareness-raising campaigns to reduce discrimination
against disabled children, establish special education programmes
and centres for disabled children and encourage their inclusion
into 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. International
cooperation from, inter alia, UNICEF and the World
Health Organization can be sought to this effect.
42. The Committee recommends that further measures, including
legal reform, be taken to fully implement the provisions of
Article 32 of the Convention and other related international
instruments. The Committee encourages the State party to consider
acceding to ILO Convention No. 138 regarding minimum age for
access to work. Furthermore, efforts should be undertaken
to prevent and combat economic exploitation, or any work that
is likely to be hazardous or to interfere with the child's
education, or to be harmful to the child's health or physical,
mental, spiritual, moral or social development. Particular
attention should be paid to the conditions of children working
within their families, in order to protect them fully. The
Committee recommends that the State party envisage seeking
technical cooperation from, inter alia, UNICEF and
the ILO in this area.
43. The Committee recommends that the State party strengthen
its efforts to prevent and combat drug and substance abuse
among children, and take all appropriate measures including
public information campaigns in and outside the schools. It
also encourages the State party to support rehabilitation
programmes for child victims of drug and substance abuse.
In this regard, the Committee encourages the State party to
consider seeking technical assistance from, inter alia,
UNICEF and WHO.
44. The Committee recommends that further measures, including
legal reform, be taken to fully implement the provisions of
Article 34 of the Convention, to prevent and combat sexual
economic exploitation of children, including the use of children
in prostitution and pornography and the trafficking and abduction
of children.
45. In light of Article 39 of the Convention, the Committee
recommends that the State party undertake further efforts
to establish rehabilitation centres for child victims of ill-treatment,
sexual abuse and economic exploitation.
FINLAND
(2000)
Concluding Observations of the Committee on the
Rights of the Child: Finland, 16/10/2000, CRC/C/15/Add.132.
17. While acknowledging new initiatives in the compilation
of statistics, such as the 1998 report on child statistics
in Finland and a special report in 2000 on the living conditions
of children which in an innovative way examines Finnish society
from the child's point of view, the Committee notes that a
regular and large-scale collection and analysis of data and
indicators on children's issues needs to be further developed
in order to assess the extent to which the Convention has
been implemented, in particular at the local level.
18. The Committee recommends that the State party continue
developing a comprehensive system of data collection consistent
with the Convention. This system should cover all children
up to the age of 18 years, with specific emphasis on those
who are particularly vulnerable, including child victims of
abuse or ill-treatment; children with disabilities; children
from low-income families; children in conflict with the law;
and immigrant and minority children. It further encourages
the State party to use indicators and data in the formulation
of policies and programmes for the effective implementation
and monitoring of the Convention.
25. While acknowledging the State party's significant efforts
to respect the principle of best interests of the child, the
Committee is concerned that municipal authorities in particular
do not always take this principle into full consideration
and, further, that the best interests of unaccompanied child
asylum-seekers and refugees are not always a primary consideration.
26. In light of article 3 of the Convention, the Committee
recommends that the State party consider the full implications
of the principle of best interests in the context of the above
situations and that further efforts be made to ensure that
this principle is a primary consideration in all decisions
affecting children.
31. While acknowledging the participation of students at
the upper secondary level, the Committee is concerned that
not enough attention is paid to the participation of children
in, inter alia, education at the primary and lower
secondary level.
32. Noting the activities of the Government related to the
participatory rights of children in education at those levels,
the Committee encourages the State party to take effective
measures to enhance children's participation in, inter
alia, educational activities concerning them.
39. Although the State party was the second State in the
world to prohibit all corporal punishment of children in the
family in its Child Custody and Rights of Access Act of 1983,
the Committee is concerned at the number of cases of violence
against children, including sexual abuse in their homes. It
also regrets the lack of information on this phenomenon.
40. The Committee recommends that the State party consider
taking additional measures to prevent and, where this has
not been possible, to identify in a timely manner instances
of violence against children within families, to intervene
at an early stage, and to develop child-friendly programmes
and services for prevention, treatment and rehabilitation
with personnel specially trained to work with children.
41. The Committee notes with concern that families with chronically
ill children do not always have enough support, both at the
personnel and the financial level.
42. Recognizing the State party's efforts to ensure the rights
of children with disabilities, the Committee recommends that
the State party continue its efforts to provide equal support
and assistance to all families with chronically ill children
including the help of specialized staff.
43. The Committee is concerned at the fact that a number
of children's wards have been closed or are threatened with
closure because of cost-saving measures and that children
are cared for in adult wards, sometimes even in the same room
as adults.
44. The Committee, noting the recent appeal to the regional
authorities to monitor the situation, recommends that the
State party take effective measures to ensure appropriate
care for children in hospitals in compliance with the Charter
for Children in Hospital of the European Association for Children
in Hospital (EACH) .
47. The Committee notes with appreciation that municipalities
provide the services of mother and child welfare clinics but
is concerned at the differences between municipalities in
the organization of and provision of resources to these clinics.
48. The Committee recommends that the State party ensure
that children in all municipalities benefit to the same extent
from the services provided by the mother and child clinics.
49. The Committee joins the State party in expressing concern
at the lay-off of teachers in some municipalities due to economic
factors, which may have an adverse effect on teaching and
on the quality of education.
50. The Committee recommends that the State party implement
the revised school legislation in order to ensure equality
between the different regions of the country and between the
various schools and educational establishments.
51. The Committee is concerned that unaccompanied minors
applying for asylum are interviewed in the same way as adults.
Further, while noting with appreciation the establishment
of a system of representation for unaccompanied minors applying
for asylum, it expresses its concern that not enough efforts
have been undertaken to ensure adequate resources and training
for the representatives of unaccompanied minors applying for
asylum. It also appears that education for refugee children
in their language is available only in those municipalities
which can provide sufficient resources.
52. The Committee recommends that the State party ensure
adequate resources for the training of the officials who receive
refugee children, in particular in child-interviewing techniques,
and of the representatives of unaccompanied minors applying
for asylum. It also encourages the State party to consider
measures through which asylum-seeking and refugee children
can be granted equal access to the same standard of services,
in particular education, irrespective of who they are and
where they live.
53. The Committee notes with concern the number of asylum-seeking
and refugee children coming from areas affected by war and
who may have been victims of traumatic experiences.
54. The Committee recommends that the State party ensure
that every effort is made to identify children who require
special support upon their arrival in the State party, as
well as consider providing adequate psychological assistance
to them and their parents.
57. While appreciating the review of legislation and other
measures undertaken by the State party to improve the protection
of children from sexual exploitation, in line with the recommendation
of the Committee (see CRC/C/15/Add.53, paras. 19 and 29) ,
the Committee notes with deep concern the phenomenon of Finnish
child sex tourists travelling to the nearby countries of the
former Soviet Union seeking child prostitutes.
58. The Committee urges the State party to undertake adequate
measures to combat this phenomenon and to pursue international
cooperation for the investigation and the prosecution of cases
of sexual abuse and exploitation of children by Finnish citizens
abroad.
59. The Committee reiterates its concern at the high rates
of school drop-outs among Roma children (see CRC/C/15/Add.
53, para.18).
60. The Committee notes the measures undertaken by the State
party to develop special education and prevent social exclusion,
such as strengthening the status of the Roma language in school
teaching, developing teaching material in the Roma language
and training teachers, and recommends they be implemented.
It requests the State party to continue its efforts in this
area and to provide information on the impact of these measures
on Roma children in the next periodic report to the Committee
(1996)
Concluding Observations of the Committee on
the Rights of the Child: Finland, 13/02/96, CRC/C/15/Add.53.
16. The Committee is worried by the State party's current
shortage of facilities for the psychiatric treatment of children.
This shortage may result in the non-separation of children
from adults in psychiatric establishments. It is also concerned
by the high rates of suicide and the increasing rates of drug
abuse among youth.
FRANCE (2004)
Concluding observations of the Committee on the
Rights of the Child: France, CRC/C/15/Add.240, 30 June 2004.
3. The Committee welcomes the ratification by the State party
of the Optional Protocols to the Convention on the Rights
of the Child on the sale of children, child prostitution and
child pornography and on the involvement of children in armed
conflict, as well as the ratification of ILO Convention No.
182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour. The Committee
notes with appreciation the positive developments related
to the implementation of the Convention, such as: (a) The
adoption by the State party in recent years of numerous laws
and regulations, in particular, the provisions of the Act
of 17 June 1998 on the prevention and suppression of sex offences
and the protection of minors.
4. The Committee regrets that some of the concerns and recommendations
(CRC/C/15/Add.20) it made upon consideration of the State
party's initial report (CRC/C/3/Add.15) have been insufficiently
addressed, particularly those contained in paragraphs: 11,
17 (on the reservation to article 30); 13, 19, 20 (disparities
between the regions); 14 (the right to know one's origin);
22 (minimum age for marriage); 23 (on the expression of their
views by children and due weight given); 24 (prevention of
child abuse); 26 (juvenile justice); and 27 (children who
have not completed compulsory schooling). The Committee notes
that those concerns and recommendations are reiterated in
the present document.
6. The Committee notes the advisory role of the National
Consultative Commission for human rights on legislation with
a view to ensuring its conformity with the Convention, as
well as the active role of non-governmental organizations
in this respect. The Committee also welcomes the process of
legislative reform related to the rights of the child.
7. The Committee urges the State party to take all necessary
measures to ensure implementation of all legislation relevant
to the Convention, taking into account training needs, monitoring
mechanisms and the provision of adequate resources. It also
encourages the State party to pursue its efforts to adopt
legislation in the field of bioethics. The Committee requests
the State party to provide in its next report information
on the direct applicability of the Convention.
14. The Committee welcomes information provided in the report
on the dissemination of the Convention and steps taken by
the various ministries to make the Convention known. The Committee
is however of the opinion that the spirit of the Convention
may not be sufficiently known and understood by all professionals
working with and for children.
15. The Committee encourages the State party to continue
its efforts to provide adequate and systematic training and/or
sensitization on children's rights of professional groups
working with and for children, in particular law enforcement
officials as well as parliamentarians, judges, lawyers, health
personnel, teachers, school administrators and others as required.
16. The Committee is concerned that the State party has not
established a minimum age of criminal responsibility in spite
of the express provision of article 40, paragraph 3 (a) of
the Convention. The Committee also reiterates its concern
that national legislation establishes a different minimum
age for marriage for girls (15 years), and for boys (18 years).
In addition to discrimination based on sex and effects it
may have on the survival and development of young girls, such
legislation makes the combating of forced marriages more difficult.
17. The Committee recommends that the State party establish
a minimum age of criminal responsibility which is at the internationally
acceptable level and below which a child shall be presumed
not to have the capacity to infringe the penal law. It further
recommends that the State party consider reviewing the minimum
age for marriage with a view to raising the age for girls
to that for boys, creating conditions conducive to countering
forced marriages and ensuring to the maximum extent possible
the development of the child.
21. The Committee welcomes the legislative efforts made by
the State party to reinforce the rights of the child to express
her/his views freely in all matters concerning her/him and
have them duly taken into account. However, the Committee
remains concerned at inconsistencies in legislation as well
as the fact that in practice, the interpretation of the legislation,
and determination of which child is "capable of discernment",
may leave possibilities of denying a child this right or make
it subject to the child's own request and may give rise to
discrimination. In addition, the Committee is concerned at
the conclusion of the Special Rapporteur on the sale of children,
child prostitution and child pornography that, in practice,
most judges are not willing to hear children and that in the
past, justice has failed child victims of sexual abuse (E/CN.4/2004/9/Add.1,
paras. 85 and 89).
22. The Committee recommends that the State party review
legislation with a view to removing inconsistencies related
to the respect for the views of the child. Furthermore, it
is encouraged to continue to promote and facilitate, within
the family, schools, institutions as well as in judicial and
administrative proceedings, respect for the views of children
and their participation in all matters affecting them, in
accordance with article 12 of the Convention, as a right they
are informed of, not merely a possibility. It further encourages
the State party to provide educational information to parents,
teachers and headmasters, government administrative officials,
the judiciary, children themselves and society-at-large with
a view to creating an encouraging atmosphere in which children
can freely express their views, and where in turn, these are
given due weight.
36. The Committee welcomes the information provided in the
State party's report on the Plan of Action to combat child
abuse announced in September 2000. It is also encouraged by
Law No. 2004 on child protection of 2 January 2004 allowing
medical personnel to report cases of abuse and ill-treatment
without being subject to disciplinary sanctions. However,
information on the number of children under the age of 15
who die each week under troubling circumstances is a cause
of great concern to the Committee. The Committee is also particularly
concerned at the lack of implementation of Law No. 98-468
of 17 June 1998 which allows, inter alia, for a video or audio
recording of a victim's testimony to be made.
37. The Committee recommends that the State party pursue
its efforts to prevent and combat child abuse and neglect,
to sensitize the population, including professionals working
with and for children, on the magnitude of the problem with
a view to preventing further occurrences and providing adequate
treatment programmes for victims of abuse and neglect. Furthermore,
it urges the State party to fully implement the law of 17
June 1998 and to ensure training in this respect.
42. The Committee welcomes the information contained in the
State party's report related to the protection of mothers,
infants and school age children. However, the Committee notes
that this aspect of health care and services is the responsibility
of departments, and, in this respect, is concerned at possible
inequalities among the various regions. The Committee is concerned,
in particular, at the: (a) Lack of psychiatric services; (b)
"Conditioned" access to health care by undocumented
migrants; (c) Lack of a national body to promote and encourage
exclusive breastfeeding.
43. The Committee recommends that the State party: (a) Strengthen
its efforts to ensure the provision of adequate and sustainable
allocation of resources (human and financial), including for
training of sufficient numbers of health-care professionals,
provision of adequate salaries for health care workers, and
investments in health care infrastructure, especially in the
most disadvantaged areas; (b)Establish a national mechanism
for the promotion of breastfeeding, including evaluation and
coordination.
44. The Committee welcomes the Conference on the family focusing
on adolescents scheduled to take place in June 2004 and the
legislative measures and other actions of the State party,
such as that to reduce the use of tobacco, in particular among
children under 16 years of age. It notes the concern of the
State party with respect to the high rate of suicides, representing
the second cause of death for this age group, the relatively
high number of teenage pregnancies, insufficient mental health
services and to the fact that health services provided may
not be tailored to the need of adolescents, thus reducing
their willingness to access primary health services.
45. The Committee recommends that the State party increase
its efforts to promote adolescent health policies and strengthen
the programme of health education in schools. It further recommends
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. The Committee further recommends the development of
a mental health programme and services for adolescents which
include specialized psychiatric services.
52. The Committee welcomes the legislative and other efforts
aimed at providing protection of children from economic exploitation.
However, the Committee is concerned that illegal networks
of forced labour continue to operate and that foreign children
fall victims of networks which are not countered vigorously
enough.
53. The Committee recommends that the State party, in accordance
with article 32 of the Convention and ILO Conventions No.
138 on the minimum age for admission to employment and No.
182 on the worst forms of child labour, which the State party
has ratified, vigorously pursue measures at the national and
international level to dismantle trafficking and exploitation
networks, in particular of foreign children, which continue
to operate, as well as to strengthen its cooperation and support
to non-governmental organizations working in this area.
54. The Committee notes that, following the World Congress
against Commercial Sexual Exploitation of Children in Stockholm
in 1996, a National Plan of Action was adopted to protect
children from abuse and ill-treatment. The following year,
in 1997, protection of abused children was declared a national
priority. However, the Committee is concerned at the occurrence
of trafficking of children, prostitution and related issues,
as noted in the Report of the Special Rapporteur on the sale
of children, child prostitution and child pornography following
his mission to France in November 2002.
55. The Committee recommends that the State party: (a) Conduct
a comprehensive study to assess the causes, nature and extent
of trafficking and commercial sexual exploitation of children;
(b) Undertake measures to reduce and prevent the occurrence
of sexual exploitation and trafficking, including by sensitizing
professionals and the general public to the problems of sexual
abuse of children and trafficking through education, including
media campaigns, and establishing cooperation; (c)Establish
or strengthen existing cooperation with the authorities of
countries from which children are trafficked; (d) Increase
protection provided to victims of sexual exploitation and
trafficking, including prevention, witness protection, social
reintegration, access to health care and psychological assistance
in a coordinated manner including by enhancing cooperation
with non-governmental organizations, 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; (e) 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 age group 15-18; (f) Train
law enforcement officials, social workers and prosecutors
on how to receive, monitor, investigate and prosecute complaints
in a child-sensitive manner.
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