Concluding Observations of the Committee on the Rights of the Child

ICELAND (2003)

Concluding Observations of the Committee on the Rights of the Child: Iceland, 31/01/2003, CRC/C/15/Add.203.

28. The Committee welcomes the adoption of the 2002 Child Protection Act, which contains a comprehensive set of provisions to protect children from neglect and ill-treatment in the home. It also notes the establishment of Children's House to treat sexually abused children.

29. The Committee recommends that the State party: (a) Raise awareness among parents, other caretakers and the public at large of the prohibition of corporal punishment - including in the family - under existing legal provisions; (b) Continue to strengthen and expand the coverage of the Children's House concept throughout the State party; (c) Conduct public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment; (d) Allocate sufficient resources for the provision of care, recovery and reintegration of victims; (e) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment, including with respect to interviewing techniques which are the least harmful to child victims of abuse.

32. The Committee welcomes the State party's policy of inclusion of children with disabilities and notes the recently adopted policy relating to chronically ill children, including provisions for health, social security, education and finance. It further notes the recent opening of a facility to care for children with long-term illnesses and for disabled children.

33. The Committee recommends that the State party: (a) Increase support for families of disabled children; (b) Continue to collect and analyse data on the enjoyment of rights by children with disabilities; (c) Continue and strengthen its efforts to meet all the needs of children with disabilities.

34. The Committee welcomes the information that: (a) Some health centres in Iceland offer special services to adolescents, including in relation to substance abuse, sexually transmitted diseases, reproductive health information and mental health counselling; (b) The Director-General of Public Health has launched a programme for the prevention of suicides.

35. The Committee encourages the State party: (a) To strengthen efforts to expand access to health services, including through the educational system; (b) To continue to study and assess the nature and extent of adolescent health problems and, with the full participation of adolescents, use this as a basis for formulating policies and programmes.

36. The Committee notes with appreciation the adoption of anti-bullying campaigns in many schools, as well as the inclusion of courses in life skills. However, it is concerned: (a) That the aims of education outlined in article 29 of the Convention (i. e. development and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities) are not explicitly part of the curricula throughout the State party; (b) About the high drop-out rates of immigrant children, particularly at the secondary level.

37. The Committee recommends that the State party, taking into account the Committee's General Comment No. 1 on the aims of education: (a) Explicitly include human rights education, including children's rights, in the curricula of all primary and secondary schools, particularly with regard to development and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities; (b) Strengthen measures to address the problem of immigrant children drop-outs.

38. The Committee welcomes information of a newly adopted law on child pornography (2000) It further welcomes the report of a government study on the extent of child prostitution and pornography, containing various recommendations. However, the Committee is concerned at the rather low age for sexual consent (14 years) , which may not provide adequate protection for children older than 14 years against sexual exploitation.

39. The Committee recommends that the State party: (a) Take all necessary measures to implement promptly the recommendations contained in the government report referred to above; (b) Take legislative measures to ensure that children older than 14 years are effectively protected from sexual exploitation; (c) Formulate and implement a national plan of action to combat sexual exploitation, 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.

INDIA (2004)

Concluding observations of the Committee on the Rights of the Child: India, 26/02/2004, CRC/C/15/Add.228.

3. The Committee welcomes the many activities undertaken at the federal and State level for the implementation of the Convention, inter alia: (a) The adoption of the Constitution (86th Amendment) Act, 2002 providing for free and compulsory education to all children 6-14 years old; (b) The adoption of the 2003 amendment to the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994; (c) The launch of a national programme for the formation of women's self help groups, which have an important impact on children's rights; (d) The extension of primary school access; (e) A more comprehensive collection of data, which has demonstrated that some progress has been achieved with regard to more equal participation and education of girls and children from underprivileged social groups.

11. While noting the efforts undertaken to increase the budget allocation for some social services, the Committee is concerned at the slow increase of the budget allocations for education and at the stagnation, or even the decrease of funds allocated to other social services.

12. The Committee recommends that the State party: (a) Make every effort to increase the proportion of the budget allocated to the realization of children's rights to the "maximum extent … of available resources" and, in this context, to ensure the provision, including through international cooperation, of appropriate human resources and to guarantee that the implementation of policies relating to social services provided to children remain a priority; and (b) Develop ways to assess the impact of budgetary allocations on the implementation of children's rights, and collect and disseminate information in this regard.

25. In light of article 2 of the Convention, the Committee is deeply concerned at the widely disparate levels of enjoyment of the rights in the Convention by girls, children living in certain states, rural areas and slums, and children belonging to certain castes and tribal and indigenous groups.

26. The Committee recommends that concerted efforts at all levels be taken to address social inequalities by reviewing and reorienting policies, including increasing budgetary allocations for programmes targeting the most vulnerable groups, and that technical assistance be sought from, among others, UNICEF.

29. The Committee welcomes the National Plan of Action for the Girl Child and the Platform for Action, but is deeply concerned at the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including low school enrolment and high dropout rates, early and forced marriages, and religion-based personal status laws that perpetuate gender inequality in areas such as marriage, divorce, custody and guardianship of infants, and inheritance.

30. The Committee urges the State party to take all necessary measures for the implementation of the National Plan of Action for the Girl Child and encourages the enforcement of protective laws. The Committee also encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family. Political, religious and community leaders should be mobilized to support efforts to eradicate harmful traditional practices and attitudes which still discriminate against girls.

31. While welcoming the special temporary programmes and other activities to improve the enjoyment of rights by girls and vulnerable groups such as children belonging to Scheduled Castes and Tribes, the Committee expresses its concern at the possibility that other children in situations similar to that of those groups are not receiving the same benefits.

32. The Committee recommends that all existing and future special temporary programmes be provided with specified goals and timetables, in order to evaluate their success and justify their continuation, expansion and dissemination. The Committee further recommends that the State party start to develop special programmes for the allocation of educational and other benefits that are based on the child's needs and rights rather than on the basis of sex, caste or tribe, or any other characteristic that may result in unjustifiable discrimination.

33. The Committee notes the 2003 amendment to the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, but remains deeply concerned that the sex ratio in the age group 0-6 years has worsened over the past decade.

34. In addition to its recommendations regarding gender discrimination (para. 30) , the Committee strongly recommends that the State party: (a) Take all necessary steps to ensure the implementation of the Pre conception and Pre natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994; (b) Further develop massive awareness campaigns, involving parents, communities, law enforcement officers, etc. , and take the necessary measures, including imposing sanctions to end the practice of selective abortions and female infanticide; and (c) Undertake gender impact studies when planning programmes relating to economic and social policies.

35. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention 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, taking account of the Committee's general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).

36. The Committee welcomes initiatives to increase child participation by the establishment of children's councils, associations and projects in several states and districts, but remains concerned that traditional attitudes towards children in society, especially girls, still limit the respect for their views within the family, at school, in institutions and at the community government level. The Committee further notes with regret that there are virtually no legal provisions guaranteeing children's participation in civil proceedings affecting their rights and well being.

37. The Committee recommends that the State party: (a) Promote, within the family, the schools, institutions, as well as in judicial and administrative proceedings, respect for the views of children, especially girls, and facilitate their participation in all matters affecting them, in accordance with article 12 of the Convention; (b) Provide educational information to parents, teachers, government administrative officials, the judiciary, children themselves and society at large on the right of children to have their views taken into account and to participate in all matters affecting them; and (c) Regularly review the extent to which children's views are taken into consideration, including their impact on relevant policies and programmes.

38. The Committee welcomes the intention to review the birth registration system in the State party (CRC/C/93/Add. 5, para. 281) but remains seriously concerned that about 46 per cent of children are not registered at birth.

39. In line with its previous recommendation (CRC/C/15/Add. 115, para. 37) , the Committee recommends that the State party make greater efforts to ensure the timely registration of all births by the year 2010 as planned (CRC/C/93/Add. 5, para. 284) , and take training and awareness-raising measures as regards registration in rural areas. The Committee encourages steps such as the establishment of mobile registration offices and registration units in schools and health facilities, and recommends that the State party seek technical assistance from, among others, UNICEF and UNFPA.

42. The Committee is concerned at numerous reports of ill-treatment, torture and sexual abuse of children in detention facilities, and alleged instances of killings of children by law enforcement officials.

43. In line with its previous recommendations (CRC/C/15/Add. 115, paras. 39-41) , the Committee recommends that the State party: (a) Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; (b) Set up child-sensitive mechanisms to receive complaints against law enforcement officials regarding ill-treatment during arrest, questioning and police custody and in detention centres; (c) Investigate and prosecute complaints in a child-sensitive manner; (d) Strengthen its efforts to train the law enforcement personnel on the human rights of children; and (e) In light of article 39, take all appropriate measures to ensure the physical and psychological recovery and social integration of child victims of torture and/or ill treatment.

44. The Committee notes the decision of the New Delhi High Court of December 2000 regarding prohibition of corporal punishment in the schools under its jurisdiction, but remains concerned that corporal punishment is not prohibited in the schools of other states, in the family, nor in other institutions for children, and remains acceptable in the society.

45. The Committee strongly recommends that the State party prohibit corporal punishment in the family, in schools and other institutions and undertake education campaigns to educate families, teachers and other professionals working with and/or for children on alternative ways of disciplining children.

46. While noting the judgement of the Supreme Court that the mother was as much the child's natural guardian as the father (Githa Hariharan v. Bank of India, 18 February 1999) , the Committee expresses its concern that under the law, the father still has the main responsibility with regard to the child.

47. In line with article 18 of the Convention, the Committee recommends that the State party take all necessary measures to ensure recognition and implementation of the principle that both parents have common responsibilities for the upbringing and development of their child.

50. The Committee is concerned at the high prevalence of violence, abuse, including sexual abuse, and neglect of children within the State party, and at the lack of effective measures to combat this problem. The Committee is further concerned at outdated laws concerning sexual abuse.

51. In light of article 19 of the Convention and in line with its previous recommendations (ibid. , para. 45) , the Committee recommends that the State party: (a) Adopt new legislative measures and amend outdated legislation to prohibit all forms of physical and mental violence, including sexual abuse of children in the family, in schools and in institutions; (b) Carry out public education campaigns and any other appropriate measures concerning the negative consequences of ill-treatment of children; (c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary; (d) Investigate and prosecute cases of ill-treatment, ensuring that the abused child is not victimized in legal proceedings and that his/her privacy is protected; (e) Provide facilities for the care, recovery and reintegration of victims; (f) Train parents, teachers, law enforcement officials, care workers, judges, health professionals and children themselves in the identification, reporting and management of cases of ill-treatment, using a multidisciplinary and multisectoral approach; and (g) Seek assistance from, among others, UNICEF and WHO.

52. The Committee notes the numerous national plans and programmes initiated during the 9th and 10th five-year plans to address health issues. Nevertheless, it remains seriously concerned at the unavailability and/or inaccessibility of free, high quality primary health care; the slow decline in infant mortality; the worsening maternal mortality rates, due in part to the high increase of unattended home deliveries; the low immunization rate; the high incidence of low-birth-weight babies; the high number of children with stunting, wasting, or who are underweight; the prevalence of micronutrient deficiencies; and the low rate of exclusive breastfeeding and appropriate introduction of infant diet. The Committee further expresses its concern at the environmental pollution prevalent in some states, specifically arsenic and lead pollution, and at the lack of access to safe drinking water and adequate sanitation by a large percentage of the population. Finally, the Committee expresses its concern at the practice of traditional and modern medicine by untrained and unqualified personnel.

53. The Committee recommends that the State party reinforce its efforts in developing effective policies and programmes to improve the health situation of children. It also recommends that the State party ensure access for all children to primary, free and quality health services; regulate and monitor traditional and modern medicinal practice; combat malnutrition; promote healthy nutrition habits, including breastfeeding; improve immunization rates; increase access to safe drinking water and adequate sanitation; and address the issue of environmental pollution effectively. Additionally, the Committee encourages the State party to pursue additional avenues of cooperation and assistance for child health improvement with, inter alia, WHO and UNICEF.

54. The Committee welcomes the adoption of the National AIDS Prevention and Control Policy, 2001, aiming at achieving no new infections by 2007. It also welcomes the decision to provide antiretroviral drugs to children and adults free of charge, but remains concerned at the rising number of children infected and/or affected by HIV/AIDS. It further expresses its concern at the discrimination experienced by these children in society and in the educational system.

55. The Committee recommends that the State party: (a) Increase its efforts to prevent HIV/AIDS, taking into account the Committee's general comment No. 3 on HIV/AIDS and the rights of children; (b) Strengthen its measures to prevent mother-to-child transmission, inter alia by combining and coordinating them with the activities to reduce maternal mortality, and take adequate measures to address the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to family life, adoption, emotional care and education; (c) Strengthen its efforts to raise awareness about HIV/AIDS among adolescents, particularly those belonging to vulnerable groups, and among the population at large, notably in order to reduce discrimination against children infected and/or affected by HIV/AIDS; (d) Seek further technical assistance from, among others, the Joint United Nations Programme on HIV/AIDS.

56. The Committee notes the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and that the 2001 census took into account disability, but remains concerned at the lack of statistical data and of a comprehensive policy for disabled children, and at the existence of discrimination, which is still widespread. Concern is also expressed at the limited facilities and services for children with disabilities and at the limited number of teachers trained to work with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion into the educational system and generally within society. The Committee also notes with concern that inadequate resources have been allocated to special education programmes for children with disabilities.

57. In line with its previous recommendations (ibid. , para. 47) and in light of the United Nations 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 (see CRC/C/69) , it is recommended that the State party: (a) Establish a comprehensive 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 include 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 for the training of professional staff, including teachers, working with and for children with disabilities from, among others, WHO.

58. The Committee is deeply concerned at the existence of harmful traditional practices such as incidents relating to dowries and to devadasis.

59. The Committee recommends that the State party: (a) Enforce the Dowry Prohibition Act, 1961 and the Karnataka Devadasis (Prohibition of Dedication) Act, 1982 and Rules, 1982; (b) Take legislative and awareness-raising measures to prohibit and eradicate all kinds of traditional practices harmful to the health, survival and development of children, boys as well as girls; and (c) Reinforce its sensitization programmes, with the involvement of community leaders, practitioners and the general public, to change traditional attitudes and discourage harmful practices, in particular in rural areas.

60. The Committee is concerned at the very high percentage of early and forced marriages of girls, which can have a negative impact on their health, education and social development.

61. The Committee recommends that the State party: (a) Take all necessary steps to implement the Child Marriage Restraint Act 1929; (b) Strengthen educational and awareness programmes, in cooperation with NGOs and community leaders, with a view to preventing early and forced marriage; and (c) Strengthen sexual and reproductive health education, mental health and adolescent-sensitive counselling services and make them accessible to adolescents.

64. The Committee welcomes the adoption of the Constitution (86th Amendment) Act, 2002 providing for free and compulsory education for all children aged 6-14, the continued efforts of the State party to increase girls' enrolment in school and the Midday Meal Scheme. While noting an increased enrolment rate, the Committee is seriously concerned that 60 million children do not attend primary school. The Committee is further concerned at the high, although decreasing, level of illiteracy and the striking disparities in terms of access to education, attendance at primary and secondary school and dropout rates between boys and girls. The Committee is also concerned that striking disparities regarding these rates also exist between different states, between rural and urban areas, and between the affluent and the poor and disadvantaged groups. The Committee is further concerned at the insufficient number of trained teachers, schools and classrooms, and the lack of relevant learning material, which affect the quality of education.

65. The Committee recommends that the State party: (a) Improve the education system with a view to achieving the aims mentioned in article 29, paragraph 1 of the Convention and the Committee's general comment No. 1 on the aims of education, and introduce human rights, including children's rights, into the school curricula; (b) Strengthen its efforts to progressively ensure that all girls and boys, in urban, rural and least developed areas and children belonging to Scheduled Castes and Tribes, have equal access to educational opportunities; (c) Raise awareness of the importance of early childhood education and introduce it into the general framework of education; (d) Encourage the participation of children at all levels of school life; (e) Take the necessary measures to improve the quality of education and to ensure better efficiency in the management of education, including by decreasing the dropout rate; (f) Hire more qualified teachers and provide them with more opportunities for training; (g) Take all necessary measures to curb teachers' absenteeism; (h) Build better infrastructure for schools; and (i) Seek assistance from UNICEF and UNESCO.

74. The Committee welcomes the ratification of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; the adoption of a plan of action to combat trafficking and commercial sexual exploitation of women and children; the initiative to undertake a study, inter alia, to collect data on the number of children and women who become victims of sexual exploitation and trafficking; and the Pilot Projects to Combat Trafficking of Children for Commercial Sexual Exploitation in Destination and Source Areas, but remains concerned that the Immoral Traffic Prevention Act, 1986 does not define trafficking and limits its scope to sexual exploitation. In addition, the Committee expresses its concern at the increasing number of child victims of sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation.

75. In light of articles 34 and 35 and other related articles of the Convention, the Committee recommends that the State party: (a) Extend the scope of the Immoral Traffic Prevention Act to all forms of trafficking of children and ensure that all trafficked children are always treated as victims; (b) Conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children; (c) Provide sufficient human, financial and technical resources for the implementation of the National Plan of Action; (d) Adopt multidisciplinary and multisectoral approaches and take measures to prevent and combat sexual exploitation and trafficking of children, including an awareness-raising campaign and educational programmes, particularly for parents; (e) Ensure that perpetrators are brought to justice; (f) Strengthen its policies to facilitate the reunification of child victims of trafficking with their families and provide adequate care and reintegration programmes for children who have been sexually exploited and/or trafficked, 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) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; and (h) Collaborate with non-governmental organizations working on these issues and seek technical assistance from, among others, UNICEF.

76. The Committee welcomes the existence of the Integrated Programme for Street Children but remains concerned at the growing number of street children in the State party, due notably to the structural situation of the State party as well as to the lack of proactive policies and programmes of prevention and for the support of the family.

77. The Committee recommends that the State party: (a) Strengthen and extend its Integrated Programme for Street Children to address the large and increasing number of street children, with the aim of protecting these children, especially girls, and of preventing and reducing this phenomenon, in particular through assistance to families and the provision of adequate housing and access to education; (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, providing official documents when necessary; (c) Ensure that these child victims of physical, sexual and substance abuse are provided with recovery and reintegration services, protection from arrest and maltreatment by the police, and effective services for reconciliation with their families and community; (d) Collaborate with non-governmental organizations working with street children in the State party and seek technical assistance from, among others, UNICEF.

81. The Committee is concerned at the situation of children belonging to minorities, including to the Primitive Tribal Groups, and at their limited access to social services, including health care, immunization and education, and the violation of their rights to survival and development, to enjoy their own culture and to be protected from discrimination.

82. In addition to its recommendation in paragraph 29, and in line with the recommendations made at its day of general discussion on the rights of indigenous children (CRC/C/133, para. 624) , the Committee recommends that the State party implement and/or give the necessary follow-up to the recommendation made by the Standing Committee on Labour and Welfare on the Development of Primitive Tribal Groups (2002).

(2000)

Concluding Observations of the Committee on the Rights of the Child: India, 23/02/2000, CRC/C/15/Add. 115.

28. In the light of article 2 of the Convention, the Committee is deeply concerned at the widely disparate levels of enjoyment of the rights in the Convention by children living in different states, living in rural areas, living in slums and belonging to different castes, tribal and indigenous groups.

29. The Committee recommends that concerted efforts at all levels be taken to address social inequalities through a review and reorientation of policies, including increased budgetary provision for programmes targeting the most vulnerable groups.

30. In the light of article 2 of the Convention, the Committee is concerned at the existence of caste-based discrimination and discrimination against tribal groups, despite these practices being prohibited under the law.

31. In accordance with article 17 of the Constitution and article 2 of the Convention, the Committee recommends that the State party take steps to ensure states abolish the discriminatory practice of "untouchability", prevent caste- and tribe-motivated abuse, and prosecute State and private actors who are responsible for such practices or abuses. Moreover, in compliance with article 46 of the Constitution, the State party is encouraged to implement, inter alia, affirmative measures to advance and protect these groups. The Committee recommends the full implementation of the 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the 1995 Scheduled Castes and Scheduled Tribes Rules (Prevention of Atrocities) and the 1993 Employment of Manual Scavengers Act. The Committee encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat caste-based discrimination. In line with the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add. 13) , the Committee stresses the importance of the equal enjoyment by members of these groups of the rights in the Convention, including access to health care, education, work, and public places and services, such as wells.

32. The Committee notes the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including female infanticide, selective abortions, low school enrolment and high drop-out rates, early and forced marriages, and religion-based personal status laws which perpetuate gender inequality in areas such as marriage, divorce, custody and guardianship of infants, and inheritance.

33. In accordance with article 2 of the Convention, the Committee encourages the State party to ensure the enforcement of protective laws. The Committee encourages the State party to continue its efforts to carry out comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family. To assist in these efforts, political, religious and community leaders should be mobilized to support efforts to eradicate traditional practices and attitudes which discriminate against girls.

46. Noting the 1995 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, the Committee nonetheless is concerned at the very poor level of and access to care for children with disabilities, especially those living in rural areas; and the lack of assistance provided to persons responsible for their care. In the light of article 23 of the Convention, the Committee emphasizes the need to ensure the implementation of policies and programmes to guarantee the rights of mentally and physically disabled children and to facilitate their full inclusion in society.

47. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its Day of General Discussion on Children with Disabilities (CRC/C/69), the Committee recommends that the State party increase the capacity of institutions for the rehabilitation of children with disabilities and improve access to services for such children living in rural areas. Awareness campaigns which focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities need to be undertaken. Adequate training should also be made available to persons working with these children. The Committee encourages the State party to undertake greater efforts to make available the necessary resources and to seek assistance from, inter alia, UNICEF, WHO and relevant NGOs.

48. In the light of article 24 of the Convention, the Committee notes that the State party has already focused and placed priority on the main health issues by establishing several national programmes. Nevertheless, the Committee is concerned at high maternal mortality, and very high levels of low birth weight and malnutrition among children, including micronutrient deficiencies, linked to the lack of access to prenatal care and, more generally, limited access to quality public health care facilities, insufficient numbers of qualified health workers, poor health education, inadequate access to safe drinking water and poor environmental sanitation. This situation is exacerbated by the extreme disparities faced by women and girls, especially in rural areas.

49. The Committee recommends that the State party take all necessary steps to adapt, expand and implement the Integrated Management of Child Illness strategy, and to pay particular attention to the most vulnerable groups of the population. The Committee also recommends that the State party undertake studies to determine the socio-cultural factors which lead to practices such as female infanticide and selective abortions, and to develop strategies to address them. The Committee recommends continued allocation of resources to the poorest sections of society and continued cooperation with and technical assistance from, inter alia, WHO, UNICEF, the World Food Programme and civil society.

50. The Committee is concerned that the health of adolescents, particularly girls, is neglected, given, for instance, a very high percentage of early marriages, which can have a negative impact on their health. Adolescent suicides, especially among girls, and HIV/AIDS affected children are serious concerns for the Committee.

51. The Committee recommends that the State party strengthen the existing National Reproductive and Child Health programme, targeting the most vulnerable groups of the population. The Committee recommends that the State party combat discrimination against HIV/AIDS affected persons by strengthening awareness-raising and sensitization programmes for the public, and particularly health professionals. The Committee recommends continued allocation of resources to the poorest sections of society and continued cooperation with and technical assistance from, inter alia, WHO, UNICEF, UNAIDS and civil society.

56. Welcoming the 83rd Constitutional Amendment Bill concerning the fundamental right to education, the Committee, however, expresses its concern at the prevailing poor situation in the State party with respect to education, which is characterized by a general lack of infrastructure, facilities and equipment, insufficient numbers of qualified teachers and a drastic shortage of text books and other relevant learning materials. There is serious concern regarding the striking disparities in terms of access to education, attendance at primary and secondary levels and drop-out rates between: different states, rural and urban areas, boys and girls, the affluent and poor, and children belonging to scheduled castes and tribes. The Committee emphasizes the importance of focusing attention on improving the provision and quality of education, especially in view of its potential benefit for addressing various concerns, including the situation of girls and reducing the incidence of child labour.

57. The Committee encourages the State party to enact the 83rd Constitutional Amendment Bill. In line with the 1993 and 1996 Supreme Court decisions (Unni Krishnan; and M. C. Mehta vs. State of Tamil Nadu and Others, respectively) , the Committee recommends that the State party implement measures designed to comply with article 45 of the Constitution, which mandates free and compulsory education for all children up to 14.

58. The Committee recommends that the State party undertake studies on, and develop measures to address, the prevailing disparities in access to education; to improve the quality of teacher training programmes and the school environment; to ensure that the quality of non-formal education schemes is monitored and guaranteed and that working and other children who participate in such schemes are integrated into mainstream education. The Committee recommends that the State party ensure and facilitate opportunities for the most vulnerable groups of children to proceed to secondary education.

59. The Committee recommends that the State party take due regard of the aims of education laid down in article 29 of the Convention, including tolerance and equality between the sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous groups. The Committee recommends that the State party consider introducing human rights issues, including the Convention, into the school curricula.

60. The Committee encourages the State party to make available the necessary resources and to seek assistance from inter alia UNICEF, UNESCO and relevant NGOs.

61. Welcoming administrative policies which have generally been in line with international refugee law principles, the Committee is concerned that in the absence of legislation there remains no guarantee that children asylum-seekers and refugees will be ensured the protection and assistance provided by the Convention. The Committee is concerned that there exists the potential for children born of refugee parents to become stateless; that there is no adequate legal mechanism to deal with family reunification; and that although refugee children attend school on a de facto basis, there is no legislation which entitles these children to education.

62. The Committee recommends that the State party adopt comprehensive legislation to ensure adequate protection of refugee and asylum-seeking children, including in the field of physical safety, health, education and social welfare, and to facilitate family reunification. In order to promote the protection of refugee children, the Committee encourages the State party to consider ratifying the 1951 Convention relating to the Status of Refugees, and its 1967 Protocol; the 1954 Convention relating to the Status of Stateless Persons; and the 1961 Convention on the Reduction of Statelessness.

72. In the light of article 33, the Committee is concerned about the increasing use and traffic in illicit drugs, especially in the large urban centres of Mumbai, New Delhi, Bangalore and Calcutta, and the growing use of tobacco among persons under 18 years, especially girls.

73. The Committee recommends that the State party develop a national drug control plan, or a Master Plan, with the guidance of the United Nations Drug Control Programme (UNDCP) The Committee encourages the State party to continue its efforts to provide children with accurate and objective information about substance use, including tobacco use, and to protect children from harmful misinformation through comprehensive restrictions on tobacco advertising. The Committee recommends cooperation with and assistance from WHO and UNICEF. The Committee further recommends that the State party develop rehabilitation services for children who are victims of substance abuse.

74. The Committee notes the Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children. However, in view of the scale of the problem, the Committee is concerned about the sexual abuse and exploitation of children especially those belonging to the lower castes and from poor urban and rural areas, in the contexts of: religious and traditional culture; child domestic workers; children living and/or working on the streets; communal violence and ethnic conflict; abuse by the security forces in areas of conflict, such as Jammu and Kashmir, and the north-eastern states; and trafficking and commercial exploitation, especially girls from neighbouring countries, particularly Nepal. It is also concerned about the absence of adequate measures to combat this phenomenon and the lack of adequate rehabilitation measures.

75. The Committee recommends that the State party ensure that legislation criminalizes the sexual exploitation of children and penalizes all the offenders involved, whether local or foreign, while ensuring that the child victims of this practice are not penalized. While noting that Devadasi, or ritual prostitution, is prohibited under the law, the Committee recommends that the State party take all necessary measures to eradicate this practice. In order to combat trafficking in children, including for commercial sexual purposes, the Penal Code should contain provisions against kidnapping and abduction. The Committee recommends that the State party ensure that 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.

76. The Committee recommends that a national mechanism to monitor implementation should be established, as well as complaints procedures and helplines. Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation.

77. The Committee recommends that the State party undertake a national study on the nature and extent of sexual abuse and 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 continue its efforts to carry out extensive campaigns to combat harmful traditional practices, such as child marriages and ritual prostitution; and inform, sensitize and mobilize the general public on the child's right to physical and mental integrity, and safety from sexual exploitation.

78. The Committee recommends that bilateral and regional cooperation be reinforced, involving cooperation with border police forces from neighbouring countries, especially along the eastern frontier areas in the states of West Bengal, Orissa and Andhra Pradesh. The State party should ensure that the competent authorities cooperate and coordinate their activities; and that present cooperation between the State party, and, inter alia, UNICEF, be expanded.

INDONESIA
(2004)

Concluding observations of the Committee on the Rights of the Child: Indonesia, 26/02/2004, CRC/C/15/Add. 223.

22. The Committee welcomes the various data provided in the supplementary report, inter alia on day care, education, neglected children, street children and disabled children. However, the Committee remains concerned at the lack of an adequate data-collection mechanism within the State party to permit the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all areas covered by the Convention.

23. The Committee recommends that the State party: (a) Continue to upgrade its system of data collection to cover all areas of the Convention; (b) Ensure that all data and indicators are used for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention; (c) Widely circulate these statistics and information; (d) Continue its collaboration with, among others, UNICEF in this respect.

26. The Committee is concerned that: (a) Despite the Committee's previous recommendation, the legal age of marriage of females (16) and males (19) is still discriminatory; (b) A very large proportion of children, especially girls, are married by the age of 15, and that they are thereby legally considered to be adults, meaning that the Convention no longer applies to them.

27. The Committee recommends that the State party review the age limits affecting children set by different legislation in order to ensure that they conform to the principles and provisions of the Convention. The Committee also specifically recommends that the State party: (a) Ensure that no discrimination based on sex remains, and that the age of marriage for girls is the same age as that for boys; (b) Take all other necessary measures to prevent early marriage; (c) Undertake awareness-raising campaigns on the harm and danger resulting from early marriage.

30. The Committee notes with concern that societal discrimination persists against girls and against other vulnerable groups of children, in particular children living in poverty, children born out of wedlock, children displaced by conflict and minority children.

31. The Committee urges the State party to conduct an in-depth review of all its legislation with a view to fully guaranteeing the application of the principle of non discrimination in domestic laws and 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.

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

37. The Committee welcomes the provisions contained in Law No. 23 of 2002 on Child Protection, stipulating that a birth certificate shall be issued by the Government, free of charge. However, it remains concerned by the low rate of birth registration and by the fact that few concrete measures have been taken to increase it.

38. While noting that the Human Rights Act of 1999 guarantees the right of the child to a nationality, the Committee is concerned that, in some instances: (a) Children born out of wedlock may be denied the right to know their father; (b) Children with a foreign father may be denied Indonesian citizenship.

39. The Committee recommends that the State party amend all national and local laws relating to birth registration and that it implement a comprehensive strategy to achieve 100 per cent birth registration by 2015, including by cooperating with UNICEF and other international agencies.

40. The Committee recommends that the State party reform its citizenship laws, including Law No. 62 of 1958 on Nationality, in order to ensure the transmission of citizenship through both the maternal and paternal lines.

41. The Committee is concerned at the high number of child victims of violence, abuse and neglect, including sexual abuse, in schools, in public places, in detention centres and in the family.

42. The Committee recommends that the State party: (a) Expand current efforts to address the problem of child abuse and neglect, including sexual abuse, and ensure that there is a national system for receiving, monitoring and investigating complaints and for prosecuting cases when necessary, in a manner which is child sensitive and ensures the victims' privacy; (b) Ensure that all victims of violence have access to counselling and assistance with recovery and reintegration, and that children who have been removed from their homes because of allegations of abuse are provided with alternative protection and care and that institutionalization is used only as a last resort and for the shortest time possible; (c) Ensure that perpetrators of violence against children are duly prosecuted.

43. The Committee is deeply concerned that corporal punishment in the family and in schools is widespread, culturally accepted and still lawful.

44. The Committee recommends that the State party: (a) Amend its current legislation to prohibit corporal punishment everywhere, including in the family, schools and childcare settings; (b) Carry out public education campaigns about the negative consequences of ill treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment.

45. The Committee is concerned that according to Islamic law applicable to Muslims in Indonesia, in divorce proceedings decisions relating to custody of children are based on the age of the children rather than on their best interests. The Committee is similarly concerned that children cannot legally have a father unless their biological parents are legally married.

46. The Committee recommends that the State party: (a) Review its legislation relating to custody of the child with a view to ensuring that all decisions are based on the principle of the best interest of the child, in line with articles 3 and 12 of the Convention; (b) Take all necessary measures to facilitate the establishment of the parentage of the child and to guarantee, as far as possible, his/her right to know both biological parents, and to be raised by them.

51. The Committee is concerned that the current adoption legislation discriminates between groups of different ethnic origins, does not provide sufficient safeguards against abusive practices, including trafficking of children, and does not take sufficiently into account the principle of the best interest of the child.

52. The Committee recommends that the State party: (a) Amend the current legislation on adoption so as to ensure that it conforms to articles 2 and 3 of the Convention; (b) Take the necessary measures to monitor and supervise effectively the system of adoption of children in accordance with the principle of the best interest of the child; (c) Accede to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

53. While acknowledging the development of special services and rehabilitation centres for children with disabilities, the Committee is concerned that only very few children with disabilities have access to these services.

54. The Committee recommends that the State party: (a) Ensure that adequately disaggregated and comprehensive data are collected and used for the development of policies and programmes for children with disabilities; (b) Review the situation of these children in terms of their access to suitable health care, education services and employment opportunities and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field; (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) ; and (d) Seek assistance from, among others, UNICEF and WHO.

55. While acknowledging the improvements in budget allocations to the health-care sector, the Committee remains concerned at the high maternal mortality rate, incidence of child malnutrition, proportion of children born with low birth weight and prevalence of infectious and, mosquito-borne diseases, including malaria, the low immunization rate and the lack of access to safe drinking water and sanitation, particularly in conflict-affected areas.

56. The Committee is further concerned that the fragmentation of policies on health issues and care impedes the coordination and implementation of comprehensive approaches to child and adolescent health.

57. The Committee recommends that the State party: (a) Ensure universal access to primary health care, especially maternal and child health-care services and facilities, including in rural and conflict-affected areas; (b) Prioritize the provision of drinking water and sanitation services; (c) Strengthen existing efforts to prevent malnutrition, malaria and other mosquito-borne diseases, to immunize as many children and mothers as possible, to make condoms and other contraceptives available throughout the country and to promote breastfeeding, and extend these programmes to all conflict-affected areas; (d) Ensure that a life-course approach is taken with respect to child and adolescent health and development through the development of holistic and comprehensive health policies for children and adolescents; (e) Seek cooperation in this matter from, among others, WHO.

58. The Committee notes the establishment in 1999 of the Commission on Reproductive Health, to deal, inter alia, with the problems of adolescent health, HIV/AIDS prevention and family planning. The Committee is nevertheless concerned that these issues remain a problem for adolescents and that no organized system of reproductive health counselling and services, nor education on HIV/AIDS and sexually transmitted infections (STIs) for youth exists. The Committee is further concerned at the high number of tobacco smokers among adolescents.

59. The Committee recommends that the State party: (a) Develop comprehensive policies and plans on adolescent health, taking into account the Committee's general comment No. 4 (2003) on adolescent health and development; (b) Strengthen the implementation of the recommendations of the Commission on Reproductive Health; (c) Promote collaboration between State agencies and NGOs in order to establish a system of formal and informal education on HIV/AIDS and STIs and on sex education; (d) Take into account the Committee's general comment No. 3 (2003) on HIV/AIDS and the rights of the child and the updated International Guidelines on HIV/AIDS and Human Rights in order to promote and protect the rights of children infected with and affected by HIV/AIDS; (e) Ensure access to reproductive health counselling and information and services for all adolescents; (f) Provide adolescents with accurate and objective information on the harmful consequences of tobacco use and protect them from hurtful misinformation by imposing comprehensive restrictions on tobacco advertising.

60. The Committee welcomes the inclusion in the Constitution of the right to education as well as a minimum budget allocation for education. It is further encouraged by education reforms initiated by the State party in 1994, which raised the number of years of elementary education from six to nine and which tries to raise teaching standards. The Committee further welcomes the awarding of scholarships to children from poor families.

61. However, the Committee is very concerned: (a) That education is not free, even at primary level, and that higher education is not affordable for many families; (b) At the high dropout and repeat rates; (c) That married children and pregnant teenagers do not generally continue their education; (d) At the high teacher-pupil ratio and the low level of ability of teachers; (e) At the high incidence of violence against children in the schools, including bullying and fighting among students, and that no specific law exists to regulate school discipline and protect children against violence and abuse in the school.

62. The Committee notes with appreciation the efforts by the State party to monitor the quality of education in madrasas and boarding schools. However, it is concerned about the narrow education provided in these schools and about the lack of supervision of their curricula.

63. The Committee recommends that the State party: (a) Strengthen measures to achieve universal and free primary education; (b) Progressively ensure that girls and boys, from urban, rural and least developed areas, have equal access to educational opportunities, without any financial obstacles; (c) Implement additional measures to provide access to early childhood education for every child; (d) Adopt effective measures to decrease the dropout, repeat and illiteracy rates; (e) Provide education opportunities for married children and pregnant teenagers; (f) Pursue its efforts to ensure that teachers are adequately trained; (g) Take appropriate measures to introduce human rights, including children's rights, into the school curricula; (h) Take measures to reduce violence in the schools; (i) Continue its cooperation with UNESCO, UNICEF, the Asian Development Bank and the civil society to improve the education sector.

64. The Committee recommends that the State party continue and strengthen its efforts to streamline the education given in madrasas and boarding schools in order to ensure that they are more compatible with regular public education and establish a stronger monitoring system for ensuring quality education.

65. The Committee is very concerned at the situation of refugee and internally displaced children living in refugee camps.

66. The Committee recommends that the State party: (a) Take immediate steps to ensure that all displaced and refugee children and their families have access to basic health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth; (b) Strengthen the measures taken to ensure quick and safe repatriation of all Timorese children separated from their families to Timor-Leste; (c) Accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, the Convention on the Status of Stateless Persons and the Convention on the Reduction of Statelessness; (d) Continue its collaboration with, among others, UNHCR.

81. The Committee welcomes the launching of the National Plan of Action for the Elimination of Commercial Sexual Exploitation of Children in 2002. However, the Committee is concerned that existing legislation does not provide effective protection (e. g. the age limit for sexual consent of 12 years is too low) and that child victims of sexual exploitation often do not receive adequate protection and/or recovery assistance. The Committee is also concerned about the lack of information about how the National Plan of Action will be carried out at the provincial and district levels.

82. The Committee wishes to reiterate its opinion that child victims of sexual abuse and exploitation can never be held responsible or guilty of such acts.

83. The Committee recommends that the State party: (a) Develop and implement legislation that adequately protects child victims of sexual exploitation, including trafficking, pornography and prostitution, that includes a significant increase in the minimum age of sexual consent; (b) Train law enforcement officials, social workers and prosecutors on how to receive, monitor and investigate complaints and prosecute perpetrators in a child-sensitive manner that respects the privacy of the victim; (c) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims, and ensure that victims who cannot return to their families are provided with adequate alternative solutions and are institutionalized only as a last resort; (d) Ensure that the National Plan of Action for the Elimination of Commercial Sexual Exploitation of Children is allocated appropriate resources for its implementation and is effectively carried out at the provincial and district levels.

87. The Committee welcomes the endorsement by the State party of relevant international and regional agreements such as the Regional Commitment and Action Plan of the East Asia and Pacific Region against Commercial Sexual Exploitation of Children of 2001 and the Yokohama Global Commitment of 2001. The Committee further welcomes the launching of the National Plans of Action for the Elimination of Commercial Sexual Exploitation of Children and on the Elimination of Trafficking in Women and Children in 2002.

88. The Committee is nonetheless concerned at the lack of awareness in the State party on this phenomenon, at the insufficient legal protection for victims of trafficking, and that few measures have been taken to prevent and protect children from sale, trafficking and abduction.

89. The Committee recommends that the State party: (a) Upgrade its system of data collection to cover all forms of sale, trafficking and abduction of children, and ensure that all data and indicators are used for the formulation, monitoring and evaluation of policies, programmes and projects; (b) Establish an appropriate definition of trafficking, increase legal protection for child victims, take effective measures to strengthen law enforcement, and intensify efforts to raise awareness in communities about the sale, trafficking and abduction of children; (c) Seek to establish bilateral and multilateral agreements with neighbouring countries to prevent the sale, trafficking and abduction of children, and facilitate their protection and safe return to their families; (d) Seek cooperation with and assistance from, inter alia, UNICEF and IOM.

90. The Committee welcomes the adoption of the Human Rights Act of 1999, which recognizes the right to freedom of religion and worship of everyone. However, the Committee is still concerned that the rights of children belonging to a minority or ethnic group are not recognized by the Act and that these children also do not have adequate access to education, health and social services.

91. The Committee recommends the further implementation of the Community Social Welfare Programme and the further development of such programmes with special reference to children belonging to ethnic groups.

(1993)

Concluding Observations of the Committee on the Rights of the Child: Indonesia, 18/10/93, CRC/C/15/Add. 7.

13. The Committee is concerned that insufficient attention is given to the implementation of the general principles of the Convention, particularly its Articles 2, 3 and 12. The Committee wishes to emphasize that the implementation of these principles is not to be made dependent on budgetary resources.

14. The Committee is concerned at the small proportion of the budget devoted to the social sectors, particularly primary health care and primary education. In this connection, the Committee draws the State party's attention to the need to respect the provisions of Article 4 of the Convention, which emphasize that economic, social and cultural rights should be implemented to the maximum extent of available resources. The Committee emphasizes that such action is required, regardless of the economic model followed by the State party.

IRAN (ISLAMIC REPUBLIC OF) (2000)

Concluding Observations of the Committee on the Rights of the Child: Iran, 28/06/2000, CRC/C/15/Add.123.

19. The Committee notes information that the State party is making efforts to study the age of maturity of females. Nevertheless, the Committee is concerned that the definition of the child, under Note 1 of article 1212 of the Civil Code and Note 1 of article 49 of the Islamic Penal Law, which provide for the attainment of majority at predefined ages of puberty, result in arbitrary and disparate application of laws and discriminate between girls and boys with respect to legal capacity (including minimum age for marriage) , civil liability and age of criminal responsibility.

20. The Committee recommends that the State party review its legislation so that the definition of the child and minimum age requirements conform to the principles and provisions of the Convention, and in particular that they are gender neutral, and ensure that they are enforced.

21. The Committee is concerned at the persistence of discrimination under the law. In particular: (a) The Committee finds that discrimination against girls and children born out of wedlock under the Civil and Penal Codes is incompatible with article 2. Moreover, the Committee is concerned that discriminatory social attitudes towards the education of girls, primarily in rural areas, result in low school enrolments 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 the Civil Code (e. g. in relation to custody, guardianship and nationality) is incompatible with article 2. The Committee expresses its concern at the persistence of stereotypical attitudes about the roles and responsibilities of women and men.

22. Concurring with the findings of the Human Rights Committee (CCPR/C/79/Add. 25) and the Committee on Economic, Cultural and Social Rights (E/C. 12/1993/7) , and in accordance with article 2 of the Convention, the Committee recommends that the State party take effective measures to prevent and eliminate discrimination on the grounds of sex and birth in all fields of civil, economic, political, social and cultural life. The Committee recommends that the State party make every effort to enact or rescind, where necessary, civil and criminal legislation to prohibit any such discrimination. In this regard, the Committee encourages the State party to consider the practices of other States that have been successful in reconciling fundamental rights with Islamic texts. 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. Religious leaders should be mobilized to support such efforts.

23. As noted by the Committee on the Elimination of Racial Discrimination (A/54/18, paras. 294-313) , the Committee is concerned at the large disparities in the enjoyment of rights in provinces inhabited largely by persons belonging to ethnic minorities, especially in Sistan and Baluchestan, Lorestan, West Azarbaijan, Ardabil and Hormozgan.

24. The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee recommends that the State party prioritize and target social services for children belonging to the most vulnerable groups.

25. 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 a primary consideration, including in matters relating to family law (e. g. duration of custody under articles 1169 and 1170 of the Civil Law is arbitrary as it is determined by the child's age, and is discriminatory against the mother)

26. 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.

27. The Committee is seriously concerned that respect for the inherent right to life of a person under 18 is not guaranteed under the law, particularly in light of article 220 of the Penal Law, which provides that a man who kills his own child or his son's child is subject only to discretionary punishment and the payment of blood money.

28. The Committee recommends that the State party take all necessary measures to ensure that there is no discriminatory treatment for such crimes, and ensure prompt and thorough investigations and prosecutions.

29. In light of articles 6 and 37 (a) of the Convention, the Committee is seriously disturbed at the applicability of the death penalty for crimes committed by persons under 18 and emphasizes that such a penalty is incompatible with the Convention.

30. The Committee strongly recommends that the State party take immediate steps to halt and abolish by law the imposition of the death penalty for crimes committed by persons under 18.

31. The Committee welcomes the initiation of the "school mayor" programme, but is nevertheless concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in schools, the courts, and especially within the family. The Committee is concerned that the child's views may only be represented in judicial proceedings affecting him or her through the father, paternal grandfather or other appointed guardian and not directly by the child. The Committee is of the opinion that article 1041 of the Civil Code providing that the marriage of a minor is valid if the father or legal guardian has given his consent, notwithstanding the views of the child, is incompatible with the Convention.

32. The Committee encourages the State party to promote and facilitate within the family, the school, the courts and administrative bodies respect for the views of children and their participation in all matters affecting them in accordance with article 12 of the Convention. In this regard, the Committee recommends that the State party develop skills-training programmes in community settings for teachers, social workers and local officials to enable them to assist children to express their informed decisions and take these views into consideration. The Committee recommends that the State party take all necessary measures to halt early and forced marriages, including public education campaigns, particularly in rural areas. The Committee recommends that the State party seek assistance from UNICEF, among others.

35. The Committee emphasizes that the human rights of children cannot be realized independently from the human rights of their parents, or in isolation from society at large. In light of article 14 of the Convention, the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (General Assembly resolution 36/55) , Commission on Human Rights resolution 2000/33, the Human Rights Committee's General Comment 22, and concurring with the findings of the Human Rights Committee (CCPR/C/79/Add. 25) and the Committee on Economic, Social and Cultural Rights (E/C. 12/1993/7) , the Committee is concerned at the restrictions on the freedom of religion, and that restrictions on the freedom to manifest one's religion do not comply with the requirements outlined in article 14, paragraph 3. The Committee is especially concerned at the situation of members of non-recognized religions, including the Baha'is, who experience discrimination in areas of, inter alia, education, employment, travel, housing and the enjoyment of cultural activities.

36. The Committee recommends that the State party take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life. The Committee recommends that the State party make every effort to enact or rescind, where necessary, legislation to prohibit any such discrimination, and take all appropriate measures, including public education campaigns, to combat intolerance on the grounds of religion or other belief. The Committee endorses the recommendations made by the Special Rapporteur on the question of religious intolerance following his visit to the State party (E/CN. 4/1996/95/Add. 2) and recommends that the State party implement them fully.

37. In light of article 37 (a) of the Convention, the Committee is seriously concerned that persons who committed crimes while under 18 can be subjected to corporal punishment under Note 2 of article 49 of the Islamic Penal Law, or can be subjected to a variety of types of cruel, inhuman or degrading treatment and punishment such as amputation, flogging and stoning, which are systematically imposed by judicial authorities. Concurring with the Human Rights Committee (CCPR/C/79/Add. 25) , the Committee finds that application of such measures is incompatible with the Convention.

38. The Committee recommends that the State party take all necessary steps to end the imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law and the imposition of amputation, flogging, stoning and other forms of cruel, inhuman or degrading treatment and punishment to persons who may have committed crimes while under 18.

39. In light of articles 19 and 39 of the Convention, the Committee is concerned that legislation provides for corporal punishment within the family, under Note 2 of article 49 and article 59 of the Islamic Penal Law and article 1179 of the Civil Code.

40. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence against children, including corporal punishment and sexual abuse, in the family and in the schools. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and the schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened. Moreover, adequate procedures and mechanisms need to be established to: receive complaints; 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 identifying, reporting and managing cases of ill-treatment. Attention should be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance. The Committee recommends that the State party seek assistance from UNICEF and WHO, among others.

41. While there are support mechanisms for the care of children with disabilities, the Committee is concerned that inadequate efforts has been made to include such children in mainstream society.

42. The Committee recommends that the State party review existing policies and practices 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 on its day of general discussion on children with disabilities (CRC/C/69) and ensure that they enjoy all the rights contained in the Convention. The Committee encourages the State party to make greater efforts to promote community-based rehabilitation programmes and inclusive education. The Committee encourages the State party to undertake greater efforts to make the necessary resources available, and to seek assistance from UNICEF, WHO, and relevant NGOs, among others.

43. Noting the significant achievements made in the area of child health, the Committee is however concerned at the insufficient information available in relation to adolescent health, including on reproductive health services, STD and HIV/AIDS prevention programmes, counselling services and substance abuse.

44. The Committee recommends that the State party undertake a comprehensive study to determine the nature and extent of adolescent health problems, with the full participation of adolescents, and 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. The Committee is concerned about large numbers of children living and/or working on the streets, particularly in urban centres such as Tehran and Isfahan, who are amongst the most marginalized groups of children in Iran.

46. The Committee recommends that the State party establish mechanisms to ensure that these children are provided with identity documents, food, clothing and housing. Moreover, the State party should ensure that these children have access to health care; rehabilitation services for physical, sexual, and substance abuse; services for reconciliation with their families; comprehensive education, including vocational and life-skills training; and legal aid. The Committee recommends that the State party seek assistance from UNICEF, among others.

47. Noting significant efforts by the State party to improve education coverage, the Committee is concerned that the aims of education as presented in paragraphs 150-152 of the report do not adequately reflect the aims outlined in article 29 of the Convention, particularly in regard to the development and respect for human rights, tolerance, and equality of the sexes and religious and ethnic minorities.

48. The Committee recommends that the State party take due regard of the aims of education laid down in article 29 and consider introducing human rights, including the Convention on the Rights of the Child, into the school curricula, including at the primary school level. The Committee encourages the State party to seek assistance from UNICEF, UNESCO and relevant NGOs, among others.

49. The Committee is concerned that many refugee children remain unregistered, which limits their ability to fully utilize social services, including schools.

50. The Committee recommends that the State party: ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; set up a central system of registration and monitoring of refugees in order to provide accurate statistics, and clarify the status of refugees; adopt special measures to deal with unaccompanied children; entertain requests for family reunification in view of its impact of the possibility of resettlement in third countries of asylum; and review discriminatory employment policies (i. e. issuance of work permits) which affect the capacity of refugee families, particularly Afghan refugees, to support themselves. The Committee encourages the State party to continue and expand its cooperation with international agencies, including UNHCR and UNICEF.

IRAQ (1998)

Concluding Observations of the Committee on the Rights of the Child: Iraq, 26/10/98, CRC/C/15/Add.94.

21. The Committee is concerned at the insufficient awareness of, lack of information on and societal attitude toward ill-treatment and abuse, including sexual abuse, both within and outside the family, the insufficient legal protection measures and appropriate resources, both financial and human, as well as the lack of adequately trained personnel to prevent and combat such abuse. In the light of Article 19 of the Convention, the Committee recommends that the State party undertake studies on ill-treatment and abuse, including sexual abuse, and adopt adequate measures and policies, with a view to, inter alia, changing traditional attitudes. It also recommends that cases of abuse and ill-treatment of children, including sexual abuse within the family, be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, due regard being given to protecting the right to privacy of the child. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with Article 39 of the Convention, and the prevention of criminalization and stigmatization of victims.

22. The Committee notes with grave concern the deteriorating health situation of children, particularly the high and increasing infant and child mortality rates and serious long-term malnutrition, aggravated by poor breastfeeding practices and common childhood diseases. The Committee encourages the State party to develop comprehensive policies and programmes to promote and improve breastfeeding practices, to prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and to consider technical assistance for the integrated management of childhood illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.

23. The Committee is particularly concerned over the absence of data on adolescent health, including on teenage pregnancy, abortion, suicide, violence and substance abuse. 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 on adolescent health problems. The Committee also recommends that further efforts, both financial and human, be undertaken to develop child-friendly, prevention, care and rehabilitation facilities for adolescents.

24. The Committee expresses concern regarding the availability of facilities and services for persons with disabilities, including children. In the 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 children with disabilities, envisage awareness-raising campaigns to reduce discrimination against children with disabilities, establish special education programmes for children with disabilities and encourage their inclusion in the regular school system and society. The Committee further recommends that the State party seek technical cooperation for the training of parents and professional staff working with and for children with disabilities. International cooperation from, inter alia, UNICEF and WHO can be sought to this effect.

IRELAND (1998)

Concluding Observations of the Committee on the Rights of the Child: Ireland, 04/02/98, CRC/C/15/Add.85.

18. The Committee is concerned about the low rate of breastfeeding in the State party and the lack of awareness of its positive impact on children's health.

19. The Committee is concerned about the incidence of teenage suicide. The Committee is also concerned at the lack of adequate programmes addressing adolescent health-related problems, such as drug and alcohol abuse and early pregnancies.

20. The Committee is concerned about the lack of a national policy to ensure the rights of children with disabilities and the lack of adequate programmes and services addressing the mental health of children and their families.

34. The Committee recommends that the State party strengthen its efforts to ensure that children from vulnerable and disadvantaged groups, including children belonging to the Traveller community, children living in poverty and refugee children, benefit from positive measures aimed at facilitating access to education, housing and health services.

37. The Committee recommends the State party to implement the World Health Assembly resolution on infant feeding.

38. The Committee recommends that in light of Article 23 of the Convention, the State party should develop programmes to facilitate the active participation in the community of children with disabilities. The Committee also encourages the State party to pursue further efforts to ensure the implementation of integrated mental health programmes and approaches and to make available the necessary resources and assistance for these activities.

ISRAEL (2002)

Concluding observations of the Committee on the Rights of the Child: Israel, 09/10/2002, CRC/C/15/Add.195.

26. The Committee is concerned that discrimination, contrary to article 2 of the Convention, persists in the State party, and that non-discrimination is not expressly guaranteed under the Constitution. In particular, the Committee is concerned about discrimination against girls and women, especially in the context of religious laws, discrimination on religious grounds, inequalities in the enjoyment of the economic, social and cultural rights (i. e. access to education, health care and social services) of Israeli Arabs, Bedouins, Ethiopians and other minorities, children with disabilities and children of foreign workers, and of the rights and freedoms of Palestinian children in the occupied territories.

27. The Committee recommends that the State party: (a) Take effective measures, including enacting or rescinding legislation where necessary, to ensure that all children enjoy all the rights set out in the Convention without discrimination, in accordance with article 2; (b) Strengthen its efforts with respect to affirmative-action initiatives; (c) Carry out comprehensive public education campaigns to prevent and combat negative societal attitudes in this regard; (d) Mobilize religious leaders to support such efforts; (e) Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (General Assembly resolution 45/158, annex)

34. The Committee welcomes the efforts by the State party to promote respect for the views of the child, including in Knesset debates, schools and communities, and before the courts (i. e. the Youth (Care and Supervision) Law, and the Youth (Trial, Punishment and Modes of Treatment) Law)

35. The Committee recommends that the State party: (a) Continue to promote and facilitate, within the family, the school, institutions, the courts, including rabbinical courts, and administrative bodies (i. e. decision and placement committees) , respect for the views of children and their participation in all matters affecting them, in accordance with article 12 of the Convention; (b) Develop skills-training programmes in community settings for parents, teachers, social workers and local officials to help children to express their informed views and opinions and to have them taken into consideration.

38. The Committee welcomes the many efforts of the State party to prevent and combat all forms of violence and abuse within the family, in schools and in other institutions which care for children, but is concerned at the apparently limited impact of these efforts owing to, among other things, the lack of a comprehensive strategy and adequate resources.

39. The Committee recommends that the State party: (a) Establish a national and comprehensive strategy to prevent and combat violence and abuse within the family, in schools and in other institutions caring for children, which should include, among other things, a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address these practices; (b) Carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment; (c) Strengthen procedures and mechanisms to receive, monitor and investigate complaints, including intervening where necessary; (d) Allocate sufficient resources for the provision of care, recovery and reintegration for victims; (e) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment.

44. The Committee is deeply concerned about the serious deterioration of health and health services of children in the occupied Palestinian territories, especially as a result of the measures imposed by the Israeli Defence Forces, including road closures, curfews and mobility restrictions, and the destruction of Palestinian economic and health infrastructure. In particular, the Committee is concerned about the consequent delays of and interference with medical personnel, the shortages of basic medical supplies and malnutrition in children owing to the disruption of markets and the prohibitively high prices of basic foodstuffs.

45. The Committee recommends that the State party guarantee safe and unconditional access by all Palestinian children to basic needs and health services, including medical supplies and personnel.

46. The Committee welcomes the information that the National Health Insurance Law covers all citizens of Israel, but remains concerned at the persistent and significant gap in health indicators between Israeli Jews and Arabs.

47. The Committee recommends that the State party strengthen and increase the allocation of resources to ensure that all citizens benefit equally from available health services.

52. The Committee is concerned about the serious deterioration of access to education of children in the occupied Palestinian territories as a result of the measures imposed by the Israeli Defence Forces, including road closures, curfews and mobility restrictions, and the destruction of school infrastructure.

53. The Committee recommends that the State party guarantee that every Palestinian child has access to education, in accordance with the Convention. As a first step, the State party should ensure that restrictions on mobility are lifted throughout the occupied Palestinian territories during school hours.

54. The Committee welcomes the information that the budget for education has been protected from recent cuts in spending, but is concerned that investment in and the quality of education in the Israeli Arab sector is significantly lower than in the Jewish sector.

55. The Committee recommends that the State party continue and strengthen its affirmative-action programmes and further increase the budget allocated for education in the Arab sector.

56. The Committee is concerned that the aims of education outlined in article 29 of the Convention, including the development of respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities, are not explicitly part of the curricula throughout the State party.

57. The Committee recommends that the State party and all relevant non-State actors, including the Palestinian Authority, taking into account the Committee's General Comment No. 1 on the aims of education, include human rights education, including children's rights, in the curricula of all primary and secondary schools, particularly with regard to the development of respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities. Religious leaders must be mobilized in this effort.

60. The Committee notes the establishment of an inter-ministerial and inter-organizational committee to combat the commercial sexual exploitation of minors, its activities, and the involvement of non-governmental organizations in this area. However, the Committee is concerned that these and other efforts have so far had a limited impact.

61. The Committee recommends that the State party take all necessary measures to increase the effectiveness of these efforts to address the commercial sexual exploitation of minors by, among other things, providing the necessary financial and other resources.

64. The Committee encourages the State party to ratify 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.

ITALY
(2003)

Concluding Observations of the Committee on the Rights of the Child: Italy, 18/03/2003, CRC/C/15/Add.198.

20. The Committee notes the establishment of several observatories on discrimination in the State party as well as the provisions on discrimination contained in Law 40/98 (Regulations of Immigration and Rules on the Conditions of the Foreigner) Nonetheless, the Committee is concerned at racist incidents against minorities the use of hate speech in public presentations, and the disparities in the enjoyment of economic and social rights, particularly in the fields of health, social welfare, education and housing, experienced by poor children, Roma children, non Italian children, including unaccompanied minors, and disabled children.

21. In accordance with article 2 and other related articles of the Convention and in line with its previous recommendations (ibid. , paras. 17 and 18) , the Committee recommends that the State party: (a) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes, and implement the recommendations of the Committee on the Elimination of Racial Discrimination (A/56/18, paras. 298 and 320) ; (b) Strengthen its efforts to incriminate and take appropriate penal sanctions against any act of racism, racial discrimination, xenophobia and related intolerance; (c) Carefully and regularly evaluate existing disparities in the enjoyment by children of their rights and undertake, on the basis of this evaluation, the necessary steps to prevent and eliminate discrimination through proactive measures; (d) Ensure that the devolution process will enhance the elimination of disparities between children, based on the wealth of the region to which they belong; (e) Continue to prioritize and target resources and social services to children belonging to the most vulnerable groups; (f) Study promptly the situation of foreign children in detention, ensure their full rights without discrimination, especially to education, and ensure their right to integration into society.

25. The Committee is concerned that the general principle, as laid down in article 12 of the Convention, is not fully applied in practice. In this regard, the Committee is concerned that the right of children to be heard is insufficiently guaranteed in proceedings affecting them, in particular in cases of the separation of parents, divorce, adoption or foster care, or within education.

26. The Committee recommends that: (a) Legislation governing procedure in courts and administrative proceedings ensure that a child capable of forming his or her own views has the right to express those views and that they be given due weight; (b) Particular emphasis be placed on the right of every child to participate in the family, at school, within other institutions and bodies and in society at large, with special attention to vulnerable groups; (c) Awareness-raising among the public at large, as well as education and training of professionals on the implementation of this principle, be reinforced.

27. The Committee is concerned that adopted children cannot know the identity of their natural parents even after having reached majority and when proved to be in their best interests. The Committee is further concerned that children born out of wedlock legally do not have a mother nor a father unless they are recognized by their mothers and/or fathers.

28. In the light of article 7 of the Convention, the Committee recommends that the State party: (a) Ensure, as far as possible, respect for the child's right to know his or her parents' identity should it be an adopted child or a child born out of wedlock who has not been recognized by either of his or her parents; (b) Urgently review and amend legislation in order to ensure that children born out of wedlock legally have from birth a mother (in accordance with the European Court on Human Rights' decision Marckx v. Belgium and the rule mater semper certa est ) and encourage recognition of these children by their fathers (as a way to prevent "easy" abandonment of children) ; (c) Ratify the European Convention on the Legal Status of Children Born out of Wedlock.

31. The Committee is deeply concerned about allegations of instances of ill-treatment by law enforcement officers against children and at the prevalence of abuse, in particular against foreign and Roma children.

32. In line with its previous recommendations (ibid. , para. 20) , the Committee recommends that the State party: (a) Incorporate the crime of torture or other cruel, inhuman or degrading treatment or punishment into criminal law; (b) Set up child-sensitive mechanisms for receiving complaints against law enforcement officials regarding ill-treatment during arrest, questioning and police custody and within detention centres; (c) Systematically train the police and carabinieri forces, as well as professionals at detention centres, on the human rights of children.

37. The Committee welcomes the establishment of a National Commission for the coordination of action regarding maltreatment, abuse and sexual exploitation of children and the adoption of a global strategy. In addition, the Committee welcomes the enactment of Act 66/96 on sexual violence and Act 154/2001 on domestic violence, but remains concerned at the lack of comprehensive data and information on child abuse and/or neglect. Moreover, the Committee is concerned at the age-limit set in the legislation regarding violence against children, as children above 14 or 16 years (depending on the relations with the perpetrator) do not benefit from the same protection.

38. In the light of article 19 of the Convention, the Committee recommends that the State party: (a) Undertake studies on violence, ill-treatment and abuse against children, especially those from vulnerable groups, including sexual abuse, particularly within the family and at schools in order to assess the extent, scope and nature of such practices; (b) Develop awareness-raising campaigns with the involvement of children in order to prevent and combat child abuse; (c) Amend its legislation regarding the existing age-limit set for a special protection against all forms of violence against children; (d) Evaluate the work of existing structures and provide training to professionals involved in these types of cases; (e) Investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse, within the family through a child-sensitive inquiry and judicial procedure, in order to ensure better protection for child victims, including their right to privacy.

39. The Committee welcomes the adoption of the Charter of the Rights of the Child in Hospital and takes note of the dramatic decrease in the number of deaths of children resulting from road traffic accidents and in the number of children infected by HIV/AIDS. However, the Committee is concerned at the reluctance of children belonging to vulnerable groups to use health services.

40. The Committee recommends that the State party take proactive measures to facilitate access to health services to all children and to encourage parents to seek health services that are available for all children.

41. The Committee is concerned at the high prevalence of psychological disorders among adolescents (especially eating disorders) , and the relatively high incidence of abortions among adolescents, notably those of foreign origin.

42. The Committee recommends that the State party: (a) Take all necessary measures to strengthen its mental health and counselling services, ensuring that they are accessible and sensitive to adolescents, and undertake studies on the causes and backgrounds of psychological disorders among adolescents; (b) Take further necessary measures to reduce the rate of teenage pregnancies through, inter alia, making health education, including sex education, part of the school curricula, and strengthening the campaign of information on the use of contraceptives.

43. The Committee welcomes the adoption of Act 9/99, which extends the duration of compulsory education from 8 to 10 years, and the various programmes to improve teacher's training, but remains concerned at the high rate of drop-out in upper secondary education; the variations in educational outcomes for children according to their cultural and socio-economic background, and to other factors such as gender (more girls than boys do obtain a secondary education diploma) , disability and ethnic origin. In addition, the Committee is concerned at the prevalence of bullying in schools and at the lack of consideration of the views of children within education.

44. The Committee recommends that the State party: (a) Strengthen its efforts to curb the drop-out rate in upper secondary education; (b) Take all necessary measures to eliminate the inequalities in educational achievement between girls and boys and among children from different social, economic or cultural groups and to guarantee to all children quality education; (c) Take measures to set up adequate mechanisms and structures with the participation of children to prevent bullying and other forms of violence in schools and include children in the development and implementation of these strategies; (d) Ensure that legislation throughout the State party reflects article 12 of the Convention and respects children's rights to express their views and have them given due weight in all matters concerning their education, including school discipline.

45. The Committee welcomes the establishment of the Committee for the Protection of Foreign Children and the specific reference made to the Convention in Law 40/98 on immigration regarding access to health. However, the Committee remains concerned at the lack of adequate structures to receive unaccompanied minors; the lack of harmonization of the procedure dealing with unaccompanied minors in the various regions; the new provision under Act 189/2002 which permits the detention of undocumented immigrants; the implementation of Decree 113/99 which leads to an increase in repatriations without adequate follow-up; and the change which occurred in 2000 regarding residence permit for minors.

46. In accordance with the principles and provisions of the Convention, especially articles 2, 3, 22 and 37, and with respect to children, whether seeking asylum or not, the Committee recommends that the State party: (a) Strengthen efforts to establish enough special reception centres for unaccompanied minors, with special attention to those who have been victims of trafficking and/or sexual exploitation; (b) Ensure that the stay in these centres is for the shortest time possible and that access to education and health is guaranteed during and after the stay in a reception centre; (c) Adopt, as soon as possible, a harmonized procedure in the best interests of the child to deal with unaccompanied minors throughout the State party; (d) Ensure that assisted repatriation is envisaged when it is in the best interests of the child and that a follow-up is guaranteed for those children.

47. The Committee notes the recent report of the National Statistics Institute regarding child labour in the State party and expresses its concerns at the high prevalence of this phenomenon in the State party.

48. The Committee recommends that the State party develop, on the basis of the recent study, a comprehensive strategy containing specific and well-targeted goals aimed at preventing and eliminating child labour through, inter alia, awareness-raising activities and detection of the factors involved.

49. The Committee welcomes the adoption of Act 269/98 against the exploitation of prostitution, pornography, and sexual tourism targeting children and the establishment of an Inter-Ministerial Committee for the Coordination of the Government Action Against Child Abuse and Trafficking in Minors and Women for Sexual Purposes. Nevertheless, the Committee remains concerned at the numbers of children who are trafficked for sexual purposes in the State party.

50. The Committee recommends that the State party: (a) Strengthen its efforts to prevent and combat trafficking in children for sexual purposes, in accordance with the Declaration and Agenda for Action, and the Global Commitment adopted at the 1996 and 2001 World Congresses against Sexual Exploitation; (b) Monitor the implementation of Act 269/68, especially as it addresses the issue of the "demand side" of sexual exploitation; (c) Ensure that adequate resources, both human and financial, are allocated to policies and programmes in this area.

54. While noting the efforts undertaken by the State party to improve the situation of Roma children, the Committee remains concerned at their difficult social situation and their insufficient access to education and health services. In addition, the Committee is deeply concerned at instances of discrimination against this group of children, sometimes from the personnel of the State party themselves.

55. The Committee recommends that the State party develop, in cooperation with Roma NGOs, comprehensive proactive policies and programmes to prevent social exclusion and discrimination and to allow Roma children to enjoy fully their rights, including access to education and health care.

(1995)

Concluding Observations of the Committee on the Rights of the Child: Italy, 27/11/95, CRC/C/15/Add.41.

2. The Committee is preoccupied by the existence of child abuse, including physical and sexual abuse and violence within the family, and the insufficient protection afforded by the Penal Code in this regard, as well as the lack of adequate measures for the psycho-social recovery of child victims of such abuses.

JAMAICA (2003)

Concluding observations of the Committee on the Rights of the Child: Jamaica, 04/07/2003, CRC/C/15/Add. 210.

3. The Committee welcomes, among other things: (e) The accomplishments in the area of health, such as the National Strategic Plan for HIV/AIDS/STI (2002-2006) and the establishment of a special unit in the Ministry of Education for children with disabilities (detection and education).

5. The Committee regrets that some of the concerns expressed and recommendations in its concluding observations (CRC/C/15/Add. 32) adopted following consideration of the State party's initial report (CRC/C/8/Add. 12) have been insufficiently addressed, particularly those contained in paragraphs 18 (incorporation of the principles and provisions of the Convention into national legislation through constitutional reform and legislative review), 19 (monitoring and coordination of the implementation of the Convention, data collection) , 20 (resources for children, adequate safety nets) , 22 (non-discrimination) and 25 (violence, abuse). Those concerns and recommendations are reiterated in the present document.

6. The Committee urges the State party to make every effort to address the recommendations contained in the concluding observations on the initial report that have not yet been implemented and to address the list of concerns contained in the present concluding observations on the second periodic report.

15. The Committee welcomes the information that the State party, in collaboration with UNICEF, has developed JAMSTATS, a database collecting disaggregated data and using several child rights indicators on the basis of childinfo (the UNICEF database management software) , and that this programme will be launched in July 2003.

16. The Committee encourages the State party to continue to strengthen this data collection system, inter alia with regard to important health indicators such as infant, under-5 and maternal mortality rates, ensuring the timeliness and reliability of both quantitative and qualitative data and using it in the formulation of policies and programmes for the effective implementation of the Convention.

17. The Committee, aware of the economic difficulties facing the State party, is nevertheless concerned that the budgets for education and health are decreasing as percentages of the national budget and that the State party has not fully complied with the provisions of article 4 of the Convention in terms of the allocation of resources for the implementation of the Convention.

18. With a view to strengthening its implementation of article 4 of the Convention and in the light of articles 2, 3 and 6, the Committee recommends that the State party prioritize budgetary allocations to ensure the implementation of the rights of children to the maximum extent of available resources and, where needed, within the framework of international cooperation.

23. The Committee is concerned that: (a) The Constitution of Jamaica does not fully reflect the provisions of article 2 of the Convention and, in particular, does not specifically prohibit discrimination on the grounds of the child's or his or her parents' or legal guardian's language, religion, ethnic or social origin, or property, disability, birth or other status; (d) Children who are known to be infected with HIV/AIDS are discriminated against at school by some teachers.

24. The Committee recommends that the State party amend its legislation, including the Constitution, to ensure that it fully corresponds to the provisions of article 2 of the Convention and to ensure the full implementation of non-discrimination provisions, giving special attention to children infected or affected by HIV/AIDS, children with disabilities, equality between boys and girls and racial discrimination.

25. The Committee further 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).

28. While noting the State party's efforts to ensure child participation, including through the annual child month, the Committee remains concerned that children have limited opportunities to express their views in school, in courts, within administrative processes or within the family.

29. In the light of article 12 of the Convention, the Committee recommends that the State party ensure that children's views are given due consideration in courts, schools, the family and relevant administrative and other processes concerning children through, inter alia, the adoption of appropriate legislation, the training of professionals working with and for children and the use of information campaigns, as well as through child participation in preparing the next report for the Committee.

30. The Committee welcomes the measures taken by the State party to improve birth registration, e.g. mobile units visiting rural communities, but is concerned at the fact that the level of registration decreased in 2001.

31. The Committee recommends that the State party more effectively enforce the Registration Act and facilitate late registration.

32. The Committee is deeply concerned about: (a) The generally violent environment in which Jamaican children are living; (b) The stereotypical and discriminatory attitudes concerning the roles of women and children, including traditions of violence, abuse, including sexual abuse, and neglect.

33. The Committee urges the State party to strengthen considerably its efforts to address and condemn violence in society, including violence against women and children, particularly in the context of the family, as well as in schools and other environments. Further, it recommends that the State party take steps to monitor and address any incidents of violence and sexual or other abuse against children and take measures to ensure the rehabilitation of traumatized and victimized children by, inter alia: (a) Carrying out public education campaigns about the negative consequences of violence and ill-treatment of children and promoting positive, non-violent forms of conflict resolution and discipline, especially within the family and in the educational system; (b) Taking all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in all contexts in society, as well as taking effective measures for the prevention of violent acts committed within the family, in schools and by the police and other State agents, making sure that perpetrators of these violent acts are brought to justice, putting an end to the practice of impunity; (c) Providing care, recovery and reintegration for child victims of direct or indirect violence and ensuring that the child victim is not revictimized in legal proceedings and that his/her privacy is protected; (d) Taking into consideration the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 866 and CRC/C/111, paras. 701-745); (e) Seeking assistance from, among others, UNICEF and WHO.

34. Noting the work done, inter alia within the Poverty Eradication Programme, and the growing number of family counselling services and parental education programmes, the Committee nevertheless remains concerned about: (b) The difficult domestic employment situation and its negative influence on the family situation, e. g. the practice of "child shifting" and situations where one or both parents migrate, leaving the children behind; (c) The fact that almost half of all families are headed by female single parents and that their related poverty places children of these families at particular risk of violations of their rights.

35. The Committee recommends that the State party: (a) Make every effort to provide support to children within the context of the family and consider, inter alia, means of improving employment prospects for parents within the State party; (b) Give particular support to children in single-parent families; (c) Increase its attention to parenting education and needs-based counselling services, especially for fathers, and strengthen support to NGOs working to improve parenting styles. The Committee recommends that the State party seek assistance in establishing targeted programmes from, for example, UNICEF.

36. The Committee welcomes the information that a committee was established in January 2003 to review children's homes and to make recommendations for improvements. However, it expresses its concern about the very poor conditions of children's homes (e. g. lack of compliance with fire regulations) , the inadequate access to educational facilities and the incidence of sexual and other abuse implying, inter alia, the risk of STI transmission.

37. The Committee recommends that the State party: (a) Expedite the work of the review committee and take all necessary measures as a matter of urgency to improve the quality of care in children's homes and to protect children living in such homes against all forms of abuse, seeking assistance from, among others, UNICEF; (b) Review the existing legislation on adoption in the light of the provisions of the Convention and consider ratifying the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.

38. While noting the progress made in the area of the rights of children with disabilities, including the work done in cooperation with NGOs and United Nations agencies and, inter alia, the adoption of the Copenhagen Declaration and Plan of Action of 1995, the Committee remains concerned that: (d) Insufficient efforts have been made to facilitate the inclusion of children with disabilities into the educational system and society in general, including efforts to change traditional attitudes towards persons with 39.

39. The Committee recommends that the State party: (a) Conduct a survey to identify the number of children with disabilities, including children in government children's homes, as well as causes of and ways to prevent disability; (b) In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities; (c) Establish a national system for early detection, referral and intervention including both increased government provisions via public institutions, and community based as well as NGO interventions; (d) Seek further technical assistance and cooperation for the creation of more effective specialized institutions, including day-care centres, and for the training of children with disabilities, their parents and professional staff working with and for children with disabilities.

40. The Committee notes with appreciation the State party's considerable achievements in the area of health care and its awareness of and intention to further improve the health situation among children through, inter alia, the adoption of the National Health Services Act, the expansion of health programmes and campaigns and the establishment of a quality assurance programme for the training of health personnel. However, the Committee remains concerned about: (a) The insufficient number of health personnel, medicines and supplies to meet the needs of sick children; (b) The problems of environmental degradation within the State party, including air pollution and difficulties accessing safe, clean water in a number of rural and inner-city areas; (c) The high rates of children and adolescents who are victims of accidents and violence.

41. The Committee recommends that the State party: (a) Continue taking all appropriate measures to improve the health infrastructure, including through international cooperation, in order to ensure access to basic health care and services adequately stocked with appropriate basic medicines for all children, as well as by paying attention to the mental health of children and young people; (b) Intensify its efforts to address environmental health concerns, particularly with regard to air pollution and solid waste management, and increase access to safe drinking water and sanitation; (c) Intensify efforts to improve safety for all children by reducing violence and abuse as well as preventing accidents through, inter alia, life-skills education campaigns and undertaking a review of existing preventive and guidance measures, including counselling, and mental health-care services.

42. The Committee is concerned that: (a) Adolescents face particular physical and mental health risks, including from sexual abuse, violence, drug and alcohol abuse and STIs; (b) The rate of teenage pregnancy and number of very young mothers are disturbingly high.

43. With reference to the concluding observations of the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.75) and the Committee on the Elimination of Discrimination against Women (A/56/38, paras. 195-233) , the Committee recommends that the State party: (a) Increase its efforts to promote adolescent health, including mental health, policies, particularly with respect to reproductive health, substance abuse and health education in schools, ensuring the full participation of adolescents; (b) Consider means of reducing teenage pregnancy, including by strengthening reproductive health education and education in family planning for adolescents as well as campaigns and education programmes to change attitudes towards fertility and sexuality, and ensure the provision of full health and counselling support for pregnant girls and that these girls are able to continue their formal education.

44. The Committee welcomes the efforts made by the State party to prevent and control HIV/AIDS, but remains concerned about the increasing incidence of the infection. The Committee is deeply concerned at the very serious impact of HIV/AIDS on the cultural, economic, political, social and civil rights and freedoms of children infected with or affected by HIV/AIDS, including the Convention's general principles and with particular reference to the rights to non-discrimination, health care, education, food and housing, as well as to information and freedom of expression.

45. The Committee recommends that the State party further 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 taking into consideration the recommendations the Committee adopted at its day of general discussion on children living in a world with HIV/AIDS (CRC/C/80, para. 243) , and involve children when implementing this strategy.

46. Noting the intention to reform the social safety net for the poor, the Committee, in the light of its earlier concern about the large number of families living in poverty (CRC/C/15/Add. 32, para. 33) , wishes to stress that the situation is made more difficult by the lack of an efficient social security policy. The Committee is also concerned that the existing standard of living hampers children's physical, mental, spiritual, moral and social development.

47. The Committee therefore recommends that the State party strengthen its efforts to revise and/or establish a social security policy along with a clear and coherent family policy, as well as effective strategies for using the social safety net benefits to further the rights of children. Furthermore, the Committee recommends that the State party develop and implement a poverty reduction strategy and seek assistance from the international community, including United Nations agencies and other competent bodies, in that effort.

48. The Committee welcomes the State party's progress in the field of education, but remains concerned about: (a) The effectiveness of measures taken to implement the child's right to education and leisure activities in accordance with article 28, 29 and 31 of the Convention, particularly in view of the inadequacy of budget allocations; (b) The inadequate supervision of the quality of pre-schools and primary schools and the lack of appropriate material and qualified teachers; (c) The equality of access to education, in particular concerning boys and children from poor families; (d) The high illiteracy rates and the poor results in regional examinations, as well as low attendance, high drop-out and high repetition rates; (e) The use of corporal punishment in schools.

49. The Committee recommends that the State party, in the light of the Committee's general comment No. 1 on article 29 (1) of the Convention (aims of education): (a) Carefully examine the budget allocations and measures taken within the field, with regard to their impact on the progressive implementation of the child's right to education and leisure activities; (b) Intensify its efforts to improve the quality of education and management of schools and continue its current efforts to address problems with regard to the standards of teaching materials and training of staff; (c) Seek to further implement participatory measures to encourage children, especially boys, to stay in school during the period of compulsory education; take further measures to facilitate the accessibility to education of children from all groups in society, particularly children from poor backgrounds, including reviewing the system of school fees; and make every effort to raise awareness in society of the importance of education for all children; (d) Take additional steps, including non-formal measures, to address the high illiteracy rates and the poor results in national examinations; take measures to increase school attendance and reduce the high drop-out and repetition rates; give appropriate assistance to adolescents who are in the process of transition from school to work; (e) Adopt appropriate legislative measures to combat the use of corporal punishment in the schools; (f) Seek further technical assistance from UNICEF and UNESCO, among others.

54. The Committee is concerned at the sexual exploitation and trafficking of children, including street children, and the lack of accurate data and adequate laws and policies in this regard.

55. The Committee recommends that the State party: (a) Undertake a study to examine the sexual exploitation of children, gathering accurate data on its prevalence; (b) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation; (c) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, 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.

(1995)

Concluding Observations of the Committee on the Rights of the Child: Jamaica, 15/02/95, CRC/15.Add.32.

14. The Committee also takes note of the inadequacy of measures taken to implement the relevant provisions of the Convention with respect to the right to health, in particular in the area of preventive health care and health education.

22. The Committee considers that greater efforts are required to implement fully the provisions of Article 2 of the Convention. Measures should be taken to combat traditional attitudes and stereotypes and sensitize the society to the situation and needs of the girl child, disabled children, children affected by HIV/AIDS, children living in rural areas or socially disadvantaged children and Rastafarian children,

25. The Committee suggests that the State party take additional measures to combat violence and abuse of children, including sexual abuse. Comprehensive school guidance programmes to address the needs of children exposed to violent conditions and crisis services for children should be expanded. Programmes for the rehabilitation and reintegration of physically or psychologically disturbed and traumatized children need to be developed, with the cooperation of non-governmental organizations.

27. While recognizing important achievements in the State party in the field of immunization coverage, the Committee recommends that further efforts be made to extend and strengthen the primary health care system. Health education should also be developed so as to ensure a better understanding by the population of the benefits of preventive health care and the detrimental effects on children of the persistence of traditional practices prejudicial to their health.

JAPAN
(2004)

Concluding observations of the Committee on the Rights of the Child: Japan, 26/02/2004, CRC/C/15/Add. 231.

3. The Committee notes with appreciation: (a) The adoption of the Law on Punishing Acts related to Child Prostitution and Child Pornography and on Protecting Children (1999) and of the Child Abuse Prevention Law (2000) ; (b) The establishment of a National Plan of Action against Commercial and Sexual Exploitation of Children in 2001; 6. The Committee notes that some concerns and recommendations (CRC/C/15/Add. 90 of 24 June 1998) made upon the consideration of the State party's initial report (CRC/C/41/Add. 1) have been addressed through legislative measures and policies. However, recommendations regarding, inter alia, non-discrimination (para. 35) , the excessively competitive nature of the school system (para. 43) and violence in schools, including bullying (para. 45) , have not been given sufficient follow-up. The Committee notes that those concerns and recommendations are reiterated in the present document.

7. The Committee urges the State party to make every effort to address those recommendations contained in the concluding observations on the initial report that have not yet been implemented and to address the list of concerns contained in the present concluding observations on the second periodic report.

16. The Committee is concerned at the lack of comprehensive data on all areas of the Convention for all children aged 0-18 years, and regrets the lack of information on resources allocated to children aged 0-18 years.

17. The Committee recommends that the State party strengthen existing mechanisms for data collection, and, where necessary, establish additional mechanisms for data collection, in order to ensure that data is collected on all areas under the Convention and that it is disaggregated, inter alia, by age for all persons under 18 years, gender and ethnic and indigenous minorities. It also recommends that the State party gather data on budgetary allocations for children, identifying the amount and proportion of the State budget spent on children aged 0-18 years in the public, private and NGO sectors in order to evaluate the impact of the expenditures and also, in view of the costs, the accessibility, the quality and the effectiveness of the services for children in the different sectors.

22. The Committee is concerned that the minimum age of marriage is still different for boys (18) than girls (16) and that the minimum age of sexual consent (13 years) is low.

23. The Committee recommends that the State party: (a) Raise the minimum age of marriage for girls to that of boys; (b) Raise the minimum age of sexual consent.

24. The Committee is concerned that legislation discriminates against children born out of wedlock and that societal discrimination persists against girls, children with disabilities, Amerasian, Korean, Buraku and Ainu children and other minority groups, and children of migrant workers.

25. The Committee recommends that the State party amend its legislation in order to eliminate any discrimination against children born out of wedlock, in particular, with regard to inheritance and citizenship rights and birth registration, as well as discriminatory terminology such as "illegitimate" from legislation and regulations. The Committee recommends that the State party undertake all necessary proactive measures to combat societal discrimination and ensure access to basic services, in particular, for girls, children with disabilities, Amerasians, Koreans, Buraka, Ainu and other minorities, children of migrant workers and refugee and asylum-seeking children, through, inter alia, public education and awareness campaigns.

26. The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention 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, taking into account general comment No. 1 on article 29 (1) of the Convention (aims of education)

27. While noting the State party's efforts to improve respect for the views of the child, the Committee remains concerned that traditional attitudes towards children in society limit respect for their views within the family, schools, other institutions and society at large.

28. The Committee recommends that the State party, in accordance with article 12 of the Convention: (a) Promote respect for the views of children and facilitate their participation in all matters affecting them, in the family, courts, administrative bodies, institutions and schools, as well as in policy development, and ensure that children are aware of this right; (b) Provide educational information to, inter alia, parents, educators, government administrative officials, the judiciary and society at large on children's right to have their views taken into account and to participate in matters affecting them; (c) Undertake a regular review of the extent to which children's views are taken into consideration and of the impact this has on policies, programmes and children themselves; (d) Ensure that children participate systematically in meetings of boards, committees and other groups determining policies in schools and other institutions providing education, leisure and other activities for children.

31. The Committee is concerned that a child of a Japanese father and foreign mother cannot obtain Japanese citizenship unless the father has recognized that child before its birth, which has, in some cases, resulted in some children being stateless. It is additionally concerned that undocumented migrants are unable to register the birth of their children, and that this has also resulted in cases of statelessness.

32. The Committee recommends that the State party amend its Nationality Law and all other relevant legislation and regulations to ensure conformity with article 7 of the Convention so that no child born in Japan should become stateless.

33. The Committee is concerned that children's right to privacy is not fully respected, in particular, with regard to the searching of a child's belongings, and the fact that staff in institutions may interfere with a child's personal correspondence.

34. The Committee recommends that the State party: (a) Ensure the full implementation of a child's right to privacy, including with respect to personal correspondence and searching of personal effects; (b) Amend the Minimum Standards for Child Welfare Institutions so as to bring them into conformity with article 16 of the Convention.

35. The Committee notes with concern that corporal punishment, although legally prohibited in schools, is widely practised in schools, institutions and the family.

36. The Committee recommends that the State party: (a) Prohibit corporal punishment in institutions and the home; (b) Carry out public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes towards corporal punishment, and promote positive, non-violent forms of discipline in schools, institutions and at home as an alternative to such punishment; (c) Strengthen complaints mechanisms for children in institutions and schools to ensure that they deal with complaints of ill-treatment effectively and in a child-sensitive manner.

37. The Committee welcomes the measures undertaken to improve reporting and investigation of child abuse which have had significant results. However, it is concerned that: (a) There is no comprehensive and multidisciplinary strategy for the prevention of child abuse; (b) The number of cases prosecuted are still quite low; (c) Recovery and counselling services for victims are insufficient to meet the increased demand for such services.

38. The Committee recommends that the State party: (a) Develop, in collaboration, among others, with civil society, social workers, parents and children, a multidisciplinary national strategy for the prevention of child abuse; (b) Review legislation with a view to improving protective measures for the victims of child abuse in the family; (c) Increase the number of trained professionals providing psychological counselling and other recovery services in a multidisciplinary fashion to victims at Child Guidance Centres; (d) Increase the training provided to law enforcement officials, social workers, staff of Child Guidance Centres and prosecutors on how to receive, monitor, investigate and prosecute complaints, in a child-sensitive manner.

41. The Committee is concerned that there are insufficient safeguards to protect children from abduction.

42. The Committee recommends that the State party ratify and implement the Hague Convention on the Civil Aspects of International Child Abduction of 1980.

43. The Committee is concerned that children with disabilities, including mental disabilities, remain disadvantaged in the enjoyment of their rights guaranteed by the Convention, and are not fully integrated into the education system as well as other recreational or cultural activities.

44. Taking into account the Committee's 1997 day of general discussion on "The rights of children with disabilities" (CRC/C/66, annex V) and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993) , the Committee recommends that the State party: (a) In collaboration with children with disabilities and relevant non-governmental organizations, review all policies affecting children with disabilities to ensure that they meet the needs of children with disabilities and are in accordance with the Convention and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities; (b) Promote greater integration of children with disabilities in education and recreational and cultural activities; (c) Increase the human and financial resources allocated to special education and services for children with disabilities.

45. The Committee is concerned about the prevalence of mental and emotional disorders among adolescents, including stress and depression, and the lack of a comprehensive strategy on adolescent mental health. The Committee is also concerned that sexually transmitted diseases among youth are on the rise and shares the State party's concern about drug abuse by adolescents in the State party. The Committee is also concerned that children under the age of 18 require parental consent for medical treatment and counselling.

46. The Committee recommends that the State party: (a) Undertake a study of adolescent health with a view to developing a comprehensive adolescent health policy, which includes preventive measures, where appropriate, that addresses mental health, reproductive and sexual health, drug abuse and other related issues; (b) Amend legislation so as to allow children under 18 to access medical counselling and information without parental consent; (c) Develop and implement programmes for the prevention of mental and emotional disorders among adolescents and train teachers, social workers and others working with children on how to address adolescent mental health issues in a child-sensitive manner.

49. The Committee notes the State party's efforts to reform the education system and bring it into greater conformity with the Convention; however, it is concerned that: (a) The excessively competitive nature of the education system has a negative effect on the children's physical and mental health and hampers the development of the child to his or her fullest potential; (b) Excessive competition for entry into higher education means that public school education must be supplemented by private tutoring, which is not affordable for children from poorer families; (c) Communication and cooperation between parents and teachers with regard to children's problems and conflicts at schools is very limited; (d) Although eligibility criteria have been broadened for graduates from foreign schools in Japan applying to university, some continue to be denied access to higher education; (e) Night schools in the Tokyo metropolitan area, which offer flexible education opportunities, in particular for dropouts, are being closed down; (f) Children of minorities have very limited opportunities for education in their own language; (g) Despite review procedures, some history textbooks are incomplete or one-sided.

50. The Committee recommends that the State party: (a) Taking into account the views of students, parents and relevant non-governmental organizations, review the curriculum with a view to reducing the competitiveness of the school system while maintaining a high level of quality of education so as to ensure that all students graduating from high school have equal access to higher education; (b) Develop measures, in collaboration with students and parents, to effectively address problems and conflicts in schools, in particular violence, including bullying; (c) Encourage the Tokyo authorities to reconsider the closing down of night schools, and to expand alternative forms of education; (d) Expand opportunities for children from minority groups to enjoy their own culture, profess or practise their own religion and use their own language; (e) Strengthen review procedures for textbooks to ensure that they present a balanced view.

51. As noted in paragraph 3 above, the Committee welcomes the adoption and implementation of the Law on Punishing Acts related to Child Prostitution and Child Pornography and on Protecting Children (1999) However, it is concerned that: (a) The Penal Code maintains a narrow definition of rape as an act committed by a male against a female; (b) All victims of sexual exploitation do not have access to appropriate recovery and assistance services; (c) There have been reports of child victims being treated as criminals; (d) There have been reports of the practice of "enjo kosai", or compensated dating; (e) The low minimum age of consent, which might contribute to the practice of "enjo kosai", hampers the prosecution of sexual abuse of children.

52. The Committee recommends that the State party: (a) Amend legislation on sexual exploitation and abuse to ensure equal protection for boys and girls; (b) Increase the number of trained professionals providing psychological counselling and other recovery services to victims at Child Guidance Centres; (c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints, in a child-sensitive manner; (d) Develop preventive measures that target those soliciting and providing sexual services, such as materials on relevant legislation on the sexual abuse and exploitation of minors and education programmes, including programmes in schools on healthy lifestyles; (e) Raise the minimum age of sexual consent.

(1998)

Concluding Observations of the Committee on the Rights of the Child: Japan, 05/06/98, CRC/C/15/Add.90.

21. While taking into account the advanced health system and the very low infant mortality rate, the Committee is concerned about the high number of suicides among children and the insufficient measures to prevent this phenomenon, the insufficient access by teenagers to reproductive health education and counselling services, including outside schools, and the incidence of HIV/AIDS among adolescents.

42. The Committee recommends that the State party take all necessary measures to prevent suicides and incidents of HIV/AIDS among adolescents, including the collection and analysis of information, the launching of awareness-raising campaigns, reproductive health education and the establishment of counselling services.

43. In view of the highly competitive educational system in the State party and its negative effects on children's physical and mental health, the Committee recommends that the State party take appropriate steps to prevent and combat excessive stress and school phobia in light of Articles 3, 6, 12, 29 and 31 of the Convention.

JORDAN (2000)

Concluding Observations of the Committee on the Rights of the Child: Jordan, 02/06/2000, CRC/C/15/Add.125.

27. Noting efforts to raise the minimum age for marriage to 18 for both boys and girls, the Committee is concerned that the existing age-limits of 15 years for girls and 16 years for boys are too low and are discriminatory. The Committee is also concerned about early and forced marriages, primarily in rural areas.

28. The Committee recommends to the State party to review its legislation to ensure that the definition of the child and minimum age requirements conform to the principles and provisions of the Convention and are gender neutral, and take steps to enact any necessary amendments promptly and ensure that they are enforced. In addition, the Committee recommends to the State party to continue its efforts in respect of public education campaigns to combat early and forced marriages, particularly in rural areas.

29. The Committee is concerned by the persistence of discrimination under the law, in particular: (a) The Committee finds that discrimination against girls and children born out of wedlock is incompatible with article 2. Moreover, the Committee is concerned that discriminatory social attitudes towards the education of girls, primarily in rural areas, result in their low levels of 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 (e. g. in relation to custody, guardianship and nationality) is incompatible with article 2. The Committee expresses its concern at the persistence of stereotypical attitudes about the roles and responsibilities of women and men. In light of the Committee's previous recommendations (CRC/C/15/Add. 21) , the Committee remains concerned that restrictions on the right of a Jordanian woman to pass on her nationality to her child, particularly where she is married to a refugee, may result in the child becoming stateless.

30. In accordance with the findings of the Human Rights Committee (CCPR/C/79/Add. 35) , the Committee on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/JOR/2) , its own previous concluding observations (CRC/C/15/Add. 21) and with article 2 of the Convention, the Committee recommends to the State party to take effective measures to prevent and eliminate discrimination on the grounds of sex and birth status in all fields of civil, economic, political, social and cultural life. The Committee recommends to the State party to incorporate equality on the basis of sex in article 6 of the Constitution. The Committee recommends to the State party to make all efforts to enact or rescind civil and criminal legislation, where necessary, to prohibit any such discrimination. 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. The Committee recommends to the State party to take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family. Religious leaders should be mobilized to support such efforts.

31. The Committee expresses its concern at the disparities in the enjoyment of rights, especially with regard to health and education, experienced by children belonging to vulnerable groups, including those living in rural regions of the country and those living in unofficial Palestinian refugee camps.

32. The Committee recommends to the State party to take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee recommends to the State party to prioritize and target social services for children belonging to the most vulnerable groups. The Committee recommends to the State party to seek assistance from the international community, including United Nations agencies such as UNICEF and United Nations Relief and Works Agency for Refugees in the Near East.

33. 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 a primary consideration, including in matters relating to family law (e. g. duration of custody under the Personal Status Law is arbitrary as it is determined by the child's age, and is discriminatory against the mother)

34. The Committee recommends to the State party to review its legislation and administrative measures to ensure that article 3 of the Convention is duly reflected therein.

35. Noting efforts to support amendments to penal law provisions which discriminate against women, the Committee nevertheless is seriously concerned that respect for the inherent right to life of a person under 18 is not guaranteed under the law, particularly in light of articles 340 and 98 of the Penal Code (No. 16/1960) , which condone crimes perpetrated in the name of honour. The Committee is concerned that there is often reluctance on behalf of the police to arrest perpetrators, and that they receive lenient or token punishments.

36. In line with Commission on Human rights resolutions 2000/31 and 2000/45, the recommendations of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN. 4/2000/3) and those of CEDAW, the Committee recommends that the State party take all necessary measures to ensure that there is no discriminatory treatment for crimes of honour and that they are promptly and thoroughly investigated and prosecuted. In addition, the Committee recommends to the State party to undertake awareness-raising activities demonstrating that such practices are socially and morally unacceptable, and to take steps that ensure that protective custody is replaced by other types of protection for women.

39. Noting that article 15 of the Constitution provides for freedom of opinion, the Committee is concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in schools, the courts, and especially within the family.

40. The Committee encourages the State party to promote and facilitate, within the family, the school and the courts, respect for the views of children and their participation in all matters affecting them in accordance with article 12 of the Convention. In this regard, the Committee recommends to the State party to develop skills-training programmes in community settings for teachers, social workers and local officials to enable them to assist children in expressing informed decisions and to take those views into consideration. The Committee recommends that the State party seek assistance from UNICEF, among others.

41. Noting the establishment of the Family Protection Unit and efforts to address domestic violence, the Committee remains concerned, in light of articles 19 and 39 of the Convention, at the incidence of ill-treatment of children in schools and within the family. The Committee is concerned that apart from Penal Code provisions with respect to abandonment, abduction and indecent assault with violence, existing legislation is inadequate, and there is no comprehensive plan with effective measures to prevent and treat cases of abuse. Concurring with CEDAW, the Committee is concerned that the serious problem of violence against women in Jordan has harmful consequences on children.

42. The Committee recommends to the State party to take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family and the schools. The Committee recommends that these measures be accompanied by preventive measures such as public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends to the State party to promote 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 mechanisms need to be established to receive complaints; 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. The Committee recommends to the State party to ensure that the Family Protection Unit is adequately resourced; to strengthen its capacity; and to expand its services to cover other regions. The Committee recommends to the State party to continue to support and cooperate with civil society initiatives, including hotlines, shelters and counselling services. The Committee recommends that the State party seek assistance from UNICEF and the World Health Organization (WHO), among others.

43. The Committee is concerned at the poor situation of children with disabilities, in particular that only a very small percentage receive specialized services.

44. The Committee recommends to the State party to 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 on its day of general discussion on children with disabilities (CRC/C/69) , and ensure that they enjoy all the rights contained in the Convention. The Committee recommends to the State party to make greater efforts to implement effectively the Welfare of the Disabled Act No. 12 of 1993, and increase the allocation of resources, human and financial, to ensure that children with disabilities have access to rehabilitation, education and other services. The Committee recommends to the State party to continue its efforts to promote inclusive education and to expand and strengthen community-based rehabilitation projects. The Committee recommends that the State party continue to seek assistance from UNICEF, UNESCO, WHO and relevant NGOs, among others.

45. Notwithstanding the improvement in Jordan's health indicators over the past 25 years, the Committee is concerned that children living in rural regions may not have equal access to health services.

46. The Committee recommends to the State party to ensure that vulnerable groups, such as children living in desert regions, benefit from health services. The State party should continue its efforts to increase the quality and coverage of post-natal care, and to raise awareness and disseminate materials on maternal health and family planning. The State party is encouraged to continue cooperation with UNICEF and WHO, among others.

47. The Committee is concerned that insufficient attention has been given to adolescent health issues, including developmental, mental and reproductive health concerns and substance abuse.

48. The Committee recommends to the State party to undertake a comprehensive study to discover the nature and extent of adolescent health problems, with the full participation of adolescents, and to 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, child-friendly counselling and rehabilitation services, and STD and HIV/AIDS prevention programmes. The Committee recommends to the State party to seek assistance from UNICEF and WHO, among others.

49. In light of article 24 of the Convention, the Committee expresses its concern at problems involving waste treatment and poor access to safe drinking water and adequate sanitation, particularly in rural areas, which negatively impact upon the health of children.

50. In light of article 24 (c) of the Convention, the Committee recommends to the State party to take all appropriate measures, including through international cooperation, to prevent and combat the damaging effects of environmental pollution and contamination of water supplies on children, and to strengthen procedures for inspection. The Committee encourages the State party to collect data on access to clean water and sanitation.

51. The Committee is concerned about large numbers of children living and/or working on the streets, particularly in urban centres such as Amman, Zarqa and Irbid, who are amongst the most marginalized groups of children in Jordan. Noting that begging is an offence, the Committee is concerned that children who are picked up for this crime risk court proceedings, or placement in detention or orphanages.

52. The Committee recommends to the State party to repeal the legal provisions criminalizing vagrancy and begging. The State party should establish mechanisms to ensure that street children are provided with identity documents, food, clothing and shelter. Moreover, the State party should ensure that these children have access to health care, rehabilitation services for physical, sexual and substance abuse; services for reconciliation with their families; comprehensive education, including vocational and life-skills training; and legal aid. The State party should cooperate and coordinate its efforts with civil society in this regard. The Committee recommends that the State party seek assistance from UNICEF, among others.

53. Noting the significant achievements by the State party in improving access to education, the Committee is concerned that attention should be focused on improving quality in this sector. The Committee is concerned at the persistence of high drop-out and absenteeism rates, especially at the secondary level, due to, inter alia, lack of interest in school and poverty.

54. The Committee recommends to the State party to continue to allocate the required resources, human and financial, to repairing and upgrading infrastructure, equipment and teaching materials and improving teachers' salaries, particularly in rural areas. The State party should undertake a process of curriculum reform which stresses the importance of critical thinking and the development of problem-solving skills. The Committee also recommends to the State party to establish retention programmes and vocational training for drop-outs. The State party should promote the importance of early childhood care and development programmes, especially among low-income households, and encourage informal community schemes in this regard. The Committee urges the State party to continue to promote the participation of parents and communities in school governance, to improve enrolment rates and to monitor the quality of education. The Committee encourages the State party to seek assistance from UNICEF, the United Nations Educational, Scientific and Cultural Organizations (UNESCO) and relevant NGOs.

55. The Committee is concerned that there is no legislation specifically to guarantee the protection and rights of refugee children. In particular, the Committee is concerned that there are no procedures to prevent refugee children from becoming stateless, no legislative measures applicable to family reunification, and no special status determination procedures for unaccompanied children.

56. In light of its previous recommendations (CRC/C/15/Add. 21) , the Committee recommends to the State party to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness and to adopt legislation in conformity with these instruments, taking into account the Guidelines on the protection and care of refugee children of the Office of the United Nations High Commissioner for Refugees (UNHCR) The Committee recommends to the State party to adopt special measures to deal with unaccompanied children; develop and implement a functioning system for family reunification to better protect children from being separated from their parents; and review discriminatory employment policies (i. e. issuance of work permits) which affect the capacity of refugee families to support themselves adequately. The Committee encourages the State party to continue and expand its efforts to provide education for refugee children.

61. The Committee is concerned at the insufficient data on and awareness of the phenomenon of commercial sexual exploitation of children in Jordan, and the absence of a comprehensive and integrated approach to prevent and combat it.

62. The Committee recommends to the State party to 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 to the State party to review its legislation and ensure that it criminalizes the sexual abuse and exploitation of children and penalizes all offenders, whether Jordanian or foreign, while ensuring that the child victims are not penalized. The Committee recommends to the State party to: ensure that laws concerning the sexual exploitation of children are gender neutral; simplify procedures so that responses are appropriate, timely, child friendly and sensitive to victims; and vigorously pursue enforcement. Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation. There is a need to train personnel working with child victims adequately. The Committee recommends to the State party to carry out awareness-raising campaigns to sensitize and mobilize the general public on the child's right to physical and mental integrity and to be protected from sexual exploitation.

KAZAKHSTAN (2003)

Concluding observations of the Committee on the Rights of the Child: Kazakhstan, 10/07/2003, CRC/C/15/Add. 213.

3. The Committee welcomes the adoption of the new Constitution in 1995, giving legal recognition to human rights and freedoms, the ratification of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 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 and the Optional Protocol on the involvement of children in armed conflict.

4. The Committee notes the enactment of new legislation during the reporting period, such as the Marriage and Family Act (1998) , the Education Act (1999) , Family-type Children's Villages and Young Peoples Homes Act (2000) , the Civil Code (1994 and 1999).

16. The Committee notes the priority accorded by the State party to education and the information provided in its report on the budgetary allocations for health programmes, protection of mothers and children, and social security and assistance programmes. In particular, the Committee notes the adoption of a poverty reduction programme for 2003-2007 focusing on children and women. However, the Committee remains concerned that budget allocations for health services, education and other social services are low and that insufficient attention has been paid to article 4 of the Convention regarding implementation "to the maximum extent of available resources …" of the economic, social and cultural rights of children.

18. The Committee recommends that the State party, in light of articles 2, 3 and 6 of the Convention, pay particular attention to the full implementation of article 4 of the Convention by: (a) Increasing the budget for the implementation of the Convention and prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children to the maximum extent of available resources, in particular children of socially marginalized groups and vulnerable children, with a view to making quality services accessible; (b) Implementing its poverty reduction programme 2003-2007 with a view to improving the situation of children, in particular the most vulnerable, by, inter alia, targeted interventions to address the needs of the poorest groups of the population; (c) Identifying the amount and proportion of the State budget spent on children through public and private institutions or organizations in order to evaluate the impact and effect of the expenditures and also, in view of the costs, the accessibility, quality and effectiveness of the services for children in the different sectors.

27. The Committee is concerned that de facto discrimination persists, in particular, for children with disabilities, children in institutions, children of single parents, children living in rural areas, children living in ecologically hazardous areas, children born at home, children belonging to minority groups and girls.

28. The Committee recommends that the State party closely monitor the situation of these groups of children and develop comprehensive proactive strategies containing specific and well-targeted actions aimed at preventing and eliminating all forms of discrimination, including access to education, health care and employment.

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

32. The Committee takes note of efforts made to ensure registration at birth; however, it remains concerned that some children, particularly children born in families of Kazakh repatriates, do not acquire nationality at birth which may have negative consequences on the full enjoyment of their rights.

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

37. The Committee also notes that corporal punishment is forbidden in educational institutions but remains concerned that inappropriate methods of discipline, including corporal punishment, continue to be used in such institutions. The Committee is further concerned that appropriate measures have not been taken to effectively prevent and combat any form of ill-treatment and corporal punishment of children within the family.

39. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, within the family, schools and other institutions. The Committee further recommends that the State party, through, for example, public awareness campaigns, promote positive non-violent forms of discipline as an alternative to corporal punishment, especially in families, the schools and other institutions.

49. The Committee notes the legislative provisions prohibiting neglect and the obligations on the part of the authorities to take the necessary steps to protect children from abuse and other forms of violence. Nevertheless, the Committee is concerned at the rising level of violence against children in general within society and, in particular, within the family. The Committee is deeply concerned at the sharp rise in the number of abandoned children whose parents' whereabouts are unknown. The Committee is further concerned at the insufficient resources, both financial and human, the lack of adequately trained personnel to prevent and combat such abuse and the insufficiency of rehabilitation measures and facilities for victims, including psychological recovery and reintegration.

50. The Committee recommends that the State party reinforce its efforts to implement a comprehensive strategy to prevent and combat domestic violence, ill-treatment and abuse and to adopt adequate measures and policies to contribute to changing attitudes. The Committee further recommends that cases of domestic violence, ill-treatment and abuse of children be properly investigated within a child-sensitive judicial procedure and sanctions applied to perpetrators. Measures should also be taken to ensure the provision of support services to children in legal proceedings and the physical and psychological recovery and social reintegration of the victims, in accordance with article 39 of the Convention.

51. In this respect, the Committee urges the State party to implement the recommendations of the Committee on the Elimination of Discrimination against Women (A/56/38, para. 96) as they relate to children.

52. The Committee welcomes the legislation relating to social, medical and educational support for children with special needs and is aware of the efforts of the State party to address the problems children with disabilities face, particularly relating to education, health and employment.

53. The Committee is deeply concerned by the information provided in the State party's report that the number of children with disabilities (currently 49,800) has tripled in the past 12 years, and notes that national legislation includes children only up to the age of 16 in the category of disabled children.

54. The Committee is concerned at the prevailing poor situation of children with disabilities. In particular it is concerned: (a) That in the Constitution, disability is not included in the list of grounds for protection from discrimination; (e) At the societal discrimination faced by children with disabilities; (f) At the considerable reduction of privileges, including free medical care and prosthetics; (h) At the limited inclusion of and access by children with disabilities to various areas of daily life, in particular with regard to the education system.

55. In light of article 23 of the Convention, the Committee recommends that the State party: (b) Consider amending legislation so as to include all children below the age of 18 years into the category of disabled children; (d) Allocate the necessary resources for programmes, medicines and prostheses, trained staff and facilities for all children with disabilities, especially for those living in rural areas; (e) In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (CRC/C/69, paras. 310-339) , further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible.

56. While welcoming the efforts made in 2002 to increase the accessibility of health services in rural areas, the Committee remains concerned at the reduced quality and accessibility of health care services, particularly affecting children in rural areas, as noted in the State party's report. The Committee further shares the concerns of the CEDAW with respect to access to free medical care for women and the degree of environmental degradation, particularly as it affects access to clean drinking water, which has an extremely negative impact on the whole population and, in particular, women and children.

57. The Committee notes the international cooperation in the sphere of health, the special comprehensive medium-term programme for the protection of mother and child health 2001 2005, and the reduction, in recent years, of the infant mortality rate, the under-5 mortality rate and the maternal mortality rate, but is nevertheless concerned that these remain unacceptably high.

58. With regard to adolescent health, the Committee is concerned at the high rate of teenage pregnancies and abortions, which are one of the main causes of maternal mortality. Welcoming the national plan for counteracting the AIDS epidemic, it is further concerned at the emergence of problems relating to HIV/AIDS, drug addiction, alcoholism and increased use of tobacco.

59. The Committee expresses its concern at problems of poor access to safe water, lack of food security and serious hazards arising from the Aral Sea disaster, as well as those relating to the Semipalatinsk nuclear testing site (closed in 1989) , and notes that insufficient attention has been given to the long term health and psychosocial consequences of the affected population.

60. The Committee urgently recommends that the State party: (a) Ensure that all children, especially from the most vulnerable groups and in rural areas, have access to primary health care and encourages the State party to pursue its efforts in this respect and implement the recommendations of CEDAW as they relate to children; (b) Develop a national policy in order to ensure an integrated and multidimensional approach to early childhood development; (c) Continue and strengthen implementation of the WHO Integrated Management of Childhood Illness programme; (d) Improve the specialized health care provided to children affected by the Semipalatinsk nuclear testing site, including its psychosocial aspect; (e) Strengthen its efforts to detect and prevent diseases related to nuclear contamination; (f) Focus more on a long-term developmental approach to the assistance to children through, inter alia, supporting United Nations initiatives in this area; (g) Take all appropriate measures, including seeking international cooperation, to prevent and combat the damaging effects of environmental degradation on children, including pollution of the environment and food products.

61. The Committee welcomes the efforts taken by the State party to improve the education system with the introduction of the Education Act 1999 which includes such aims as ensuring compulsory secondary education for all children of school age, providing free textbooks to vulnerable children and compulsory pre-school attendance. The Committee remains concerned at the many difficulties education is facing, inter alia: (a) The increase in the cost of education which limits access to children from economically disadvantaged households and rural areas; (b) The decrease in the number of pre schools; (c) The increasing drop out rates in secondary and vocational education; (d) Important regional disparities in the number of educational establishments and in the quality of education, with rural areas being at particular disadvantage; (e) The implementation of education reforms without the necessary preliminary preparation and training of teachers.

62. The Committee recommends that the State party to: (a) Ensure the availability of free primary education and accessibility for all children in the State party, giving particular attention to children in rural communities, children from minorities, including repatriates and refugees or asylum seekers, children from disadvantaged groups and those who need special attention, and high quality education, including in children's own languages; (b) Further pursue efforts to increase the number of pre-school establishments and encourage pre school attendance including by providing appropriate financial resources; (c) Ensure that legislation with regard to compulsory education is enforced, including through
the provision of the appropriate resources for that purpose; (d) Ensure that educational reforms are implemented with sufficient preparation and support to schools, including appropriate funding and teacher training, and establish a process for quality evaluation of the new programmes; (e) Improve the quality of education in the whole country in order to achieve the goals mentioned in article 29 (1) of the Convention and the Committee's general comment No. 1 on the aims of education, and ensure that human rights education, including children's rights, is included into the school curricula, in the different languages of instruction where applicable.

72. The Committee is concerned at: (a) The growing involvement of children in the sex industry and the apparent indifference of society towards the issue of child prostitution, including reports of parents themselves reportedly forcing their children to earn money through prostitution; (b) The lack of specialized centres to accommodate and provide qualified services, including psychotherapeutic and rehabilitation and reintegration programmes, for child victims of sexual violence.

73. The Committee recommends that the State party: (a) Develop and implement a comprehensive programme to combat trafficking, child prostitution and other forms of sexual exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children and the recommendations of CEDAW in this respect (A/56/38, para. 97); (b) Adopt measures to reduce the vulnerability of children to traffickers and establish crisis centres and telephone hotlines to give assistance and run rehabilitation and social reintegration programmes for child victims of trafficking and/or sexual exploitation; (c) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and ensure mechanisms to coordinate and monitor its implementation; (d) Conduct further research relating to the occurrence of child trafficking and consider seeking technical cooperation of UNICEF in this respect.

Street children

74. The Committee is extremely concerned at: (c) The vulnerability of street children to, inter alia, sexual abuse, violence, including from the police, exploitation, exclusion from education, substance abuse, sexually transmitted diseases, HIV/AIDS and malnutrition.

75. The Committee recommends that the State party: (a) 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; (b) Ensure that street children are provided with services which promote their physical and psychological recovery and social reintegration; (c) Undertake a study to assess the scope and the causes of the phenomenon and consider establishing a comprehensive strategy, with their participation, to address the high and increasing number of street children, with the aim of preventing and reducing this phenomenon in the best interest of these children; (d) Consider addressing the situation of street children within the system of youth social welfare services rather than juvenile affairs services.

KENYA (2001)

Concluding observations of the Committee on the Rights of the Child: Kenya, 07/11/2001, CRC/C/15/Add. 160.

23. The Committee recommends the State party take the necessary legislative measures: (a) To increase the legal age for criminal responsibility and for sexual consent; (b) To correct the disparity between the legal minimum ages for marriage of boys and girls, preferably by increasing the legal minimum age for marriage of girls under the Marriage Act (Laws of Kenya, chap. 150) and the Hindu Marriage and Divorce Act (Laws of Kenya, chap. 157) ; (c) To establish clear minimum ages for marriage under Islamic and customary laws, employment, especially with respect to apprenticeship programmes, and compulsory education.

24. The Committee notes that the State party established a task force in 1993 to undertake a review of the law to ensure non-discrimination against women and initiate statutory reforms with regard to gender discrimination. The Committee is concerned, however, that the principle of non-discrimination is not adequately implemented with respect to certain vulnerable groups of children, especially girls, children born out of wedlock, children with disabilities, children of economically disadvantaged families, children in conflict with the law, children living in institutions, street children, child victims of abuse, refugee and asylum-seeking children, children belonging to ethnic minorities, and those living in rural areas. Finally, the Committee is concerned that the constitutional guarantee of equal treatment does not cover various tribal, traditional customs and practices associated with, for example, fostering, marriage and divorce that constitute a major challenge for the full realization of children rights in the State party.

25. The Committee recommends that the State party take effective measures to implement laws, policies and programmes to guarantee the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it relates to vulnerable groups of children and traditional tribal customs, practices and rituals.

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

27. The Committee notes that the State party has established various programmes under the National Programme of Action for Children to ensure the survival and development of children. However, it is concerned that the Programme has not been sufficiently implemented and that the impact of HIV/AIDS, mounting economic challenges and other socio-economic difficulties continue to threaten the right to life, survival and development of children in the State party, especially those living in rural areas and increasingly those living in crowded urban centres.

28. The Committee encourages the State party to reinforce its efforts to provide greater protection and support to children whose right to life, survival and development is unduly threatened by the difficult socio-economic realities of the State party. In this connection, the Committee recommends that the State party take all effective measures to strengthen its technical cooperation with, inter alia, UNICEF, UNAIDS, UNDP and WHO.

33. While the Committee notes that corporal punishment has been formally banned in schools (April 2001) as a matter of policy, it is deeply concerned that this form of punishment continues to be practised in schools, as well as in the juvenile justice system, in the family and in care institutions, with resulting cases of permanent injury and even death.

34. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, in the juvenile justice system, in schools and care institutions, and in the family. The Committee also recommends that the State party monitor the ban on corporal punishment in schools. The Committee encourages the State party to reinforce its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.

41. The Committee is concerned about the high and increasing incidence of physical and sexual abuse of children, including in schools and care institutions. Concern is also expressed about the lack of awareness and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children and the insufficient financial and human resources allocated for programmes to combat abuse of children.

42. In the light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt adequate policies and contribute to changing attitudes. The Committee encourages the State party to consider introducing an effective reporting system for child abuse cases, including sexual abuse of children. It also recommends that cases of domestic violence, ill-treatment and abuse of children be properly investigated in a child-sensitive judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. In accordance with article 39 of the Convention, measures should be taken to ensure the rehabilitation of victims and of perpetrators. Efforts should also be made to prevent the criminalization and stigmatization of children who are victims of abuse. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF, WHO and UNDP.

43. The Committee notes the efforts of the State party to improve health care for children through, inter alia, the Health Policy Framework, the Expanded Programme on Immunization, and the National Plan of Action for Nutrition. However, the Committee is concerned about the insufficient numbers of trained medical personnel; the high maternal, infant, and under-five mortality rates; the high rate of malnutrition; the increasing incidence of HIV/AIDS; the high incidence of malaria and acute respiratory infections; and poor sanitation and limited access to safe drinking water, especially in rural areas. It is also noted with concern that the State party's cost-sharing policy has limited access to basic health care, especially for poor families.

44. The Committee recommends that the State party allocate appropriate resources to reinforce its policies and programmes to reduce the high rate of malnutrition and improve health care for children. Additionally, the State party should take all effective measures to increase the numbers of trained medical and other health personnel, including traditional healers; facilitate cooperation between trained medical personnel and traditional healers, especially midwives; reduce the incidence of maternal, infant and under-five mortality; prevent and combat malnutrition; increase access to safe drinking water; improve sanitation; and reduce the incidence of malaria and acute respiratory infections. Additionally, the State party should take effective measures to facilitate greater access to health services by, inter alia, abolishing or rationalizing cost sharing in primary health care to reduce the burden on poor families. The Committee encourages the State party to seek technical cooperation for the Integrated Management of Childhood Illnesses and for other measures for child health improvement from, inter alia, WHO and UNICEF.

45. The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including early marriage and pregnancy, HIV/AIDS and sexually transmitted diseases (STDs) , abortion, violence, suicide, mental health, and alcohol and substance abuse. The Committee is also concerned at the increasing number of orphans due to HIV/AIDS and at the decrease in expenditure for HIV/AIDS control.

46. The Committee recommends that the State party strengthen adolescent health policies, including reproductive health education. Further, the Committee suggests that a comprehensive and multidisciplinary study be undertaken to assess the extent of adolescent health problems, including the special situation of children infected and/or affected by HIV/AIDS and STDs. Additionally, it is recommended that the State party allocate adequate human and financial resources to increase the number of social workers and psychologists and to develop youth-sensitive care, counselling and rehabilitation facilities for adolescents. It is further recommended that the State party seek technical assistance from, inter alia, UNICEF and WHO.

47. The Committee is deeply concerned that female genital mutilation is not prohibited by law and is still widely practised in the State party. Concern is also expressed about the persistent practice of other harmful traditional practices, including early and forced marriages.

48. The Committee recommends that the State party take legislative and awareness-raising measures to prohibit and eradicate the practice of female genital mutilation and other traditional practices harmful to the health, survival and development of children, boys as well as girls. The Committee urges the State party to introduce sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices.

53. While the Committee notes that the Education Act is currently under review, it is concerned that the law does not fully guarantee the right to education. The Committee expresses concern about the non-increase (in percentage) of the budget for education and about the introduction of cost-sharing in education which further limits access to education, especially for girls, children from economically disadvantaged families and those living in remote rural communities. Concern is also expressed regarding low enrolment and high drop-out and repetition rates; insufficient numbers of trained teachers; insufficient schools and classrooms; and the lack of relevant learning material. In the light of article 29. 1 of the Convention, the Committee is also concerned about the quality of education in the State party. The Committee notes with regret the reported incidents of sexual abuse and exploitation of children in the school environment.

54. The Committee urges the State party to take legal and other measures to guarantee the right to education for all children in its territory, in particular free and compulsory primary education. The Committee recommends that the State party take effective measures, including the allocation and distribution of adequate financial, human and technical resources, to enhance the quality of education, to decrease the repetition and drop-out rates, and to ensure that all children enjoy the right to education. It is further recommended that the State party reinforce its efforts to increase access to education by, inter alia, abolishing cost-sharing in primary education and rationalizing it in secondary and tertiary education. The State party should pay particular attention to the quality of education, in the light of article 29. 1 and the Committee's General Comment on the aims of education. The Committee strongly encourages the State party to take effective measures to protect children, especially girls, against sexual abuse and violence in the school environment and to facilitate care and the rehabilitation of child victims in this regard. It is recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO.

61. The Committee notes that the State party participated in the World Congress against Commercial Sexual Exploitation, held in Stockholm in 1996, and subsequently established a National Plan of Action to prevent and combat the commercial sexual exploitation of children. However, the Committee is concerned about the large and increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, especially among those engaged in domestic labour and street children. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of children who are the victims of such abuse and exploitation.

62. In the light of article 34 and related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the scope of commercial sexual exploitation of children, including prostitution, child sex tourism and child pornography, and implementing appropriate preventive and rehabilitative policies and programmes for child victims. The Committee recommends that the State party reinforce its efforts in implementing the National Plan of Action formulated in accordance with the Declaration and the Agenda for Action adopted by the World Congress against Commercial Sexual Exploitation of Children at Stockholm in 1996.

KUWAIT (1998)

Concluding Observations of the Committee on the Rights of the Child: Kuwait, 26/10/98, CRC/C/15/Add. 96.

26. The Committee is concerned at the high level of malnutrition among children in the State party, mainly due to poor nutrition. The Committee recommends that the State party take all appropriate measures, such as awareness-raising campaigns in and outside schools and counseling, to sensitize adults, especially parents and domestic servants, and children alike to the importance of quality nutrition.

27. Regarding adolescent health, the Committee is concerned at the high mortality rate among male adolescents, due to external causes and accidents. It is also concerned at the lack of comprehensive data and information on the health status of adolescents in general, especially with regard to drug and substance abuse, sexually transmitted diseases and HIV/AIDS, teenage pregnancy, violence and suicide among young people, and by the lack of treatment and rehabilitation services. The Committee suggests that a comprehensive and multi-disciplinary study be undertaken on adolescent health problems, with data disaggregated by age and gender, to serve as the basis for developing and promoting adolescent health policies. The Committee also recommends that further efforts be undertaken to develop youth-friendly care, counseling and rehabilitation facilities for adolescents.

28. In the light of the provisions and principles of the Convention, especially its Articles 2, 3, 6, 12 and 24. 3, the Committee is concerned at the practice of early marriage. It recommends that the State party undertake all appropriate measures, including legal measures, awareness-raising campaigns with a view to changing attitudes, counseling and reproductive health education, to prevent and combat this traditional practice which is harmful to the health and well-being of girls and the development of the family.

29. The Committee is concerned that the State party does not have specific domestic legislation for determining the status of and protecting refugees, including children, and is currently not a party to any of the main treaties on statelessness or refugees. The Committee recommends that the State party review its domestic legislation with a view to including provisions for determining the status of and protecting refugees, including children, especially with regard to access to education, health and other social services. The Committee also recommends that the State party consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

KYRGYZSTAN
(2004)

Concluding observations of the Committee on the Rights of the Child: Kyrgyzstan, 3/11/2004, CRC/C/15/Add.244.

5. The Committee also welcomes the State party's ratification of the Optional Protocol to the Convention on the involvement of children in armed conflict; the Optional Protocol on the sale of children, child prostitution and child pornography; the ILO Convention No.182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

9. The Committee welcomes the changes in domestic legislation, which should provide a basis for strategies and practice. However, the Committee is concerned that all domestic legislation does not fully conform to the principles and provisions of the Convention. The Committee is also concerned that the new Children Code may not be in compliance with the Convention, especially in the areas of reproductive health and adoption.

10. The Committee recommends that the State party undertake a comprehensive review of domestic legislation in order to ensure that it conforms fully to the principles and provisions of the Convention. The Committee urges the State party to organize a broad consultative process in order to prepare for the adoption of the Children Code and to ensure that the Code is in full compliance with the provisions and principles of the Convention.

24. While noting that the State party defines minors as those under 18 years of age, the Committee is aware that numerous legislative acts contain differing definitions for the cut-off age for a "minor". The Committee is concerned that: (a) Assistance to families with children with disabilities or children with HIV/AIDS is being provided only to children under the age of 16; and (b) Children in special institutions for psychological care are being transferred to adult psychiatric hospitals at the age of 16.

25. The Committee recommends that the State party take the necessary legal measures to ensure that all persons under 18 year of age are guaranteed by law the special protection they are entitled to under the Convention.

26. The Committee is concerned that societal discrimination persists against vulnerable groups of children, including children with disabilities, those living in institutions or in poverty, migrants and asylum-seekers with no formal residence permits. The Committee is also concerned at the increasing discrimination against the girl child, in particular girls living in rural areas, due to re-emerging trends such as bridal kidnappings and forced marriages.

27. 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. The Committee urges the State party to pay particular attention to the situation of the girl child, in particular girls living in rural areas, in order to halt the practices of forced marriage and bridal kidnapping, which prevent the girl child from fully enjoying the rights enshrined in the Convention.

43. While commending the State party for the adoption of the Law on Protection from Violence (2003), the Committee expresses its concern about the abuse and neglect that take place in families, in particular with regard to children and against adolescent girls. It is also concerned that recovery and counselling services are insufficient to meet the increased demand for such services.

44. The Committee recommends that the State party: (a) Enforce and closely monitor the Law on Protection from Violence; (b) Carry out effective public-awareness campaigns and adopt measures to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against children, including the use of corporal punishment; (c) Provide more training to law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child sensitive manner; and (d) Ensure access to counselling for all victims of violence as well as assistance for their recovery and reintegration.

49. The Committee notes with appreciation the efforts made by the State party to work with different specialized agencies of the United Nations as well as with international NGOs to reduce child mortality. It also welcomes the decision of the Government in December 2003 to introduce the WHO live birth definition nationwide. It is, however, concerned at the regional disparities in mortality rates, the inadequate antenatal care, which is not completely free, the inhumane treatment of children in psychiatric hospitals, and the increase in cases of communicable diseases, such as tuberculosis and HIV/AIDS. Exposure to environmental hazards such as mining wastes or unsafe drinking water also worries the Committee.

50. The Committee recommends that the State party undertake more efforts to ensure the highest attainable standard of health for all children, to improve antenatal care programmes, to prevent the spread of contagious diseases such as HIV/AIDS and tuberculosis, to improve psychiatric care so as to ensure that children with psychiatric problems are treated humanely and to explicitly prohibit placing children in adult psychiatric hospitals. International assistance from WHO and UNICEF should be requested, inter alia to address the issue of providing safe drinking water and increased access to sanitation.

51. The Committee is concerned that adolescents do not receive adequate reproductive health or appropriate sex education. Furthermore, the Committee is concerned at the rising trend of tobacco use, alcohol and drug abuse and suicide among adolescents.

52. The Committee recommends that the State party ensure adequate adolescent health services, as stated in its general comment No. 4 (2003) on adolescent health, implementing in particular programmes on reproductive health, sex education and family planning. The Committee further recommends that the State party take measures to provide mental health services to adolescents.

53. The Committee notes the State party's efforts to increase enrolment rates, both in primary and secondary education, through the national programmes spelled out in the Education Act. It is, however, concerned at the high dropout rates, especially among girls, due to forced marriages. The increasing practice of requesting parents to pay unofficial monthly and/or one time enrolment fees, as well as for textbooks and school repairs, constitutes an obstacle for children's access to education. The Committee is also concerned that enrolment in early childhood education has decreased in the past several years and that access to education is made difficult for children who are migrants with no formal residence permits, working children and/or street children.

54. The Committee recommends that the State party: (a) Continue to strengthen measures aimed at increasing enrolment rates in primary and secondary education, in particular with regard to early childhood education; (b) Ensure that the practice of requesting that parents pay "voluntary fees" and other non official contributions for the education of children is discontinued; (c) Take measures to create more favourable conditions at schools (e.g. improvement of heating and electricity facilities as well as more friendly and less abusive environments) in order to tackle the high dropout rates; (d) Establish special educational programmes in order to accommodate the needs of working children, street children, migrants with no formal residence permits and children deprived of their liberty; (e) Improve the educational system with a view to achieving the aims mentioned in article 29, paragraph 1, of the Convention, taking into account the Committee's General Comment No. 1 (2001) on the aims of education, and introduce human rights, including children's rights, into school curricula; (f) Seek assistance from, inter alia, UNESCO, OHCHR and other competent bodies in this regard.

61. The Committee is concerned that the recommendations made upon consideration of the State party's initial report with regard to the involvement of children in sexual exploitation have not been fully implemented. The Committee is also concerned about the health risks posed to children who are sexually exploited and/or trafficked.

62. The Committee recommends that the State party: (a) Undertake a study of sexually exploited children and use the data to design policies and programmes to prevent sexual exploitation, including by developing a national plan of action on commercial sexual exploitation of children as agreed at the two World Congresses against Commercial Sexual Exploitation of Children in 1996 and 2001; (b) Carry out awareness-raising campaigns, particularly for children, parents and other caregivers, on the risks and effects of commercial sex; (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) Ensure that sexually exploited children are always treated as victims and are provided with assistance and support for their reintegration; and (e) Ensure that those who sexually exploit children are prosecuted.

The Committee encourages the State party as a matter of priority: (c) To ensure that pre-trial detention is used only in exceptional cases, and when this does occur, that access to relatives/representatives and to doctors and lawyers is guaranteed.

(2000)

Concluding Observations of the Committee on the Rights of the Child: Kyrgyzstan, 09/08/2000, CRC/C/15/Add.127.

13. The Committee is concerned that disaggregated data of persons under 18 years relating to the rights contained in the Convention is not used effectively because of an absence of a mechanism to analyse them.

14. The Committee recommends that the State party establish a mechanism to systematically analyse disaggregated data and use this information as a basis to assess progress and design policies to implement the Convention. The Committee encourages the State party to seek technical assistance from UNICEF, among others, in this regard.

15. The Committee emphasizes the importance of setting up an independent mechanism with the mandate to monitor regularly and evaluate progress in the implementation of the Convention at the national and local levels.

16. The Committee encourages the State party to establish a statutory body with an independent membership and adequate resources with the mandate to monitor regularly and evaluate progress in the implementation of the Convention and to receive and deal with complaints of violations of child rights.

19. Notwithstanding the definition of a minor as a person under 18 under the Law on the Protection of Minors' Rights, the Committee is concerned with inconsistencies of this definition with other legislation and government decisions (e. g. Decisions No. 263 of 2 May 1997 and No. 150 of 8 April 1996 in relation to assistance paid to families of disabled children up to the age of 16 years) , and the inadequate enforcement of minimum-age standards (i. e. with respect to early marriage, purchase of alcohol, etc. )

20. The Committee recommends that the State party ensure that legislation or policy relevant to persons under 18 is consistent with the definition contained in the Law on the Protection of Minors' Rights and make greater efforts to enforce minimum-age requirements.

21. The Committee is concerned at the prevailing disparities in the enjoyment of the rights of children in Kyrgyzstan. In particular, the Committee is concerned at the situation of children living in institutions; in regions of the country which are lagging behind in socio-economic development; and of children of rural and poor families. The Committee is concerned that the guarantee of non-discrimination in article 2 of the Convention may be jeopardized, for example by the 1998 social security law which effectively deprived all non-citizens of rights to social security benefits, except for education fee discounts for families with many children and/or of low income; and the practice whereby non-citizens are subject to higher fees demanded by health practitioners.

22. The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee recommends that the State party prioritize and target social services for children belonging to the most vulnerable groups.

23. The Committee is concerned that in practice the system of residence registration in Kyrgyzstan may restrict the rights of children belonging to vulnerable groups (e. g. refugees, non-citizens, migrants and persons internally displaced owing to conflict, economic factors, or environmental disasters) to access to health care and other social services. In particular, the Committee is concerned at reports that at the local level, officials are sometimes reluctant to see migrants settle in their jurisdiction and do not observe regulations concerning temporary residence registration. Moreover, the Committee is concerned that individuals without appropriate documentation for residing in Bishkek risk relocation to another part of the country.

24. The Committee recommends that the State party ensure that the registration system does not pose a barrier to access to services, particularly for the most vulnerable groups. The Committee recommends that the State party consider the experience of States that have replaced the propiska system with systems which correspond better to international standards in the area of freedom of movement.

25. Like the Committee on the Elimination of Discrimination against Women (A/54/38), the Committee is concerned that de facto discrimination on the grounds of gender persists and expresses its concern at the persistence of stereotypical attitudes relating to roles and responsibilities of women and men.

26. The Committee encourages the State party to launch comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family.

27. In light of article 12 of the Convention, the Committee is concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in schools, care institutions, the justice system, and especially within the family.

28. The Committee encourages the State party to promote and facilitate, within the family, the school, care institutions, and the justice system, respect for the views of children, and their participation in all matters affecting them, in accordance with article 12 of the Convention. In this regard, the Committee recommends that the State party develop skills-training programmes in community settings for teachers, social workers and local officials to assist them to help children to express their informed decisions and to take these views into consideration.

29. Given that failure of timely registration of the birth of children can have negative consequences on the full enjoyment of their fundamental rights and freedoms, the Committee is concerned that many parents in rural areas, particularly internal migrants, fail to register their children owing to a lack of knowledge that it is necessary, lack of access to registration facilities, lack of documentation, and inability to pay registration fees.

30. In light of article 7 of the Convention, the Committee recommends that the State party make greater efforts to ensure free and timely registration of all births and take measures as regards training and awareness-raising of registration in rural areas. The Committee encourages steps such as the establishment of mobile registration offices and registration units in schools and health facilities.

31. The Committee is concerned that persons under 18 are restricted in their freedom of association.

32. The Committee recommends that the State party ensure that any restrictions that are imposed comply strictly with limitations that are in accordance with article 15, paragraph 2, of the Convention and are "imposed in conformity with the law and are necessary in a democratic society in the interests of national security or public safety, public order, the protection of health or morals or the protection of the rights and freedoms of others".

33. The Committee is concerned at numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, torture and abduction. The Committee is concerned that victims of such treatment are largely from vulnerable groups, such as refugees; that children are often detained for payment from their families; and that fear of reprisals and inadequate complaints procedures discourage children and their parents from filing complaints. Like the Committee against Torture (CAT/C/23/6) , the Committee expresses concern at the absence of a definition of torture in the 1998 Criminal Code and appropriate penalties, and the apparent failure to provide prompt, impartial and full investigation into allegations of torture, as well as the failure to prosecute alleged perpetrators.

34. In light of article 37 of the Convention, and recalling the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169) , the State party should take all necessary and effective steps to prevent incidents of ill-treatment from occurring. The Committee recommends that the State party implement the recommendations made by the Committee against Torture (CAT/C/23/6) ; provide the militia with training on how to deal with persons under 18; ensure that persons are adequately informed of their rights when they are detained; ensure that complaints procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; and provide rehabilitative support to victims.

39. The Committee is concerned, as the report acknowledges, that ill-treatment of children takes place in the family, institutions and schools. The Committee is concerned that violence against women is on the rise and is a problem in Kyrgyzstan, and that this has harmful consequences on children.

40. In light of articles 19 and 39 of the Convention, the Committee recommends that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions, are prohibited. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened. Moreover, adequate procedures and mechanisms need to be established to receive complaints; monitor, investigate and prosecute instances of ill-treatment; and ensure that the abused child is not victimized in legal proceedings. As regards violence against girls and women, the Committee recommends that the State party implement the recommendations of the Committee on the Elimination of Discrimination against Women (A/54/38). Attention should be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance. The Committee recommends that the State party seek assistance from, among others, UNICEF and WHO.

41. The Committee is concerned at the prevailing poor situation of children with disabilities. In particular, the Committee is concerned at the practice of institutionalizing children with disabilities, and that access to services such as rehabilitation and education are limited and severely strained.

42. 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 on its day of general discussion on children with disabilities (CRC/C/69) , and ensure that they enjoy all the rights contained in the Convention. The Committee recommends that the State party provide early childhood care and special education for children with disabilities; develop entry-grade detection capacity within the primary school system; and provide services for children with learning disabilities and behavioural disorders. The Committee recommends that the State party make greater efforts to implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes and reunification of children with their parents. Awareness campaigns which focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities need to be undertaken. Adequate support, supervision and training should be given to persons working with these children. The Committee encourages the State party to seek assistance from, among others, UNICEF, UNESCO, WHO and relevant NGOs.

43. Noting efforts to strengthen the primary health sector, the Committee is nevertheless concerned by the deterioration in the health of the most vulnerable groups, especially women and children. In particular, the Committee notes the increase in the incidence of communicable diseases, including vaccine-preventable diseases, and in childhood malnutrition. Moreover, the Committee is concerned that because of distant facilities and insufficient numbers of personnel and medication, children in rural regions suffer most.

44. The Committee recommends that the State party ensure that its commitment to primary health care, including implementation of the Integrated Management of Childhood Illnesses strategy, is met by adequate allocation of resources, both human and financial, and that all children, especially from the most vulnerable groups, have access to health care. The Committee recommends that the State party undertake awareness-raising campaigns to ensure that families, especially refugee families, are adequately informed of the need to be registered in polyclinics. The Committee recommends that the State party establish comprehensive family planning programmes, as well as measures to ensure that abortion is not perceived as a method of contraception. The State party is encouraged to continue cooperation with and seek assistance from, among others, UNICEF and WHO.

45. With regard to adolescent health, the Committee is concerned at the high and increasing rate of teenage pregnancies and the consequently high rate of abortions among girls under 18. The Committee notes that various factors, including limited availability of contraceptives, poor reproductive health education and the requirement of parental consent have resulted in an increasing number of illegal abortions among girls. The Committee is concerned with the rise in rates of STDs, particularly syphilis, and the spread of HIV/AIDs.

46. The Committee recommends that the State party undertake a comprehensive study to understand the nature and extent of adolescent health problems, with the full participation of adolescents, and use this as a basis to formulate adolescent health policies and programmes. While recognizing that parents play an important role in this regard, cultural attitudes and lack of knowledge and communication skills by parents may be barriers to accurate reproductive health information and counselling. In this regard, the Committee recommends that adolescents have access to and be provided with reproductive health education and child-friendly counselling and rehabilitation services. The State party is encouraged to continue cooperation with and seek assistance from, among others, UNICEF and WHO.

47. In light of article 24 of the Convention, the Committee expresses its concern at problems involving the recycling, collection and disposal of waste in urban areas and poor access to safe water and adequate sanitation in rural areas, which negatively impact upon the health of children. Moreover, the Committee is concerned at the inadequate measures taken to protect the health of children from the negative impact of dangerous environmental hazards resulting from inappropriate storage of, inter alia, radioactive and toxic wastes.

48. In light of article 24 (c) of the Convention, the Committee recommends that the State party take all appropriate measures, including international cooperation, to prevent and combat the damaging effects of environmental degradation on children, including pollution and contamination of water supplies. The Committee encourages the State party to collect data on access to clean water and sanitation.

49. The Committee notes that one of the many consequences of economic transition, is deterioration in the family environment, leading to an increase in homeless children in the streets and markets of Bishkek and other cities. The Committee expresses its concern about the situation of children living and/or working on the streets, who are amongst the most marginalized groups of children in Kyrgyzstan.

50. The Committee recommends that the State party establish mechanisms to ensure that these children are provided with identity documents, food, clothing and shelter. Moreover, the State party should ensure these children have access to health care; rehabilitation services for physical, sexual, and substance abuse; services for reconciliation with their families; comprehensive education, including vocational and life-skills training; and legal aid. The State party should cooperate and coordinate its efforts with civil society in this regard. The Committee recommends that the State party seek assistance from, among others, UNICEF.

51. The Committee is concerned at the deterioration in the quality of education, especially infrastructure, teaching and curricula. The Committee is concerned at declining pre-school enrolment and the persistence of high drop-out, repetition and absenteeism rates in primary and secondary schools.

52. The Committee recommends that the State party take all necessary measures to allocate the required resources, both human and financial, to implement effectively the Education for All programme. The Committee recommends that the State party take due regard of the aims of education laid down in article 29, and consider introducing human rights, including the Convention on the Rights of the Child, into the school curricula, including at the primary level. The Committee recommends that the State party promote the importance of early childhood care and development programmes, especially among low-income households, and stimulate informal community schemes in this regard. The Committee recommends that the State party promote the participation of parents and communities, especially ethnic minorities, in school governance to improve enrolment rates and monitor the quality of education. The Committee encourages the State party to seek assistance from, among others, UNICEF, UNESCO and relevant NGOs.

59. Like the Committee on the Elimination of Discrimination against Women (A/54/38) , the Committee is concerned at the increase in prostitution and the trafficking of girls and women and the absence of an effective, comprehensive and integrated approach to prevent and combat these phenomena. The Committee is concerned at the insufficient data and awareness of commercial sexual exploitation of children in Kyrgyzstan.

60. 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 abuse and exploitation of children and penalizes all offenders, whether national 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 be 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. Bilateral and regional cooperation should be reinforced, which involves cooperation with neighbouring countries.

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