Concluding Observations of the Committee on the Rights of the Child

ALGERIA (1997)

Concluding Observations of the Committee on the Rights of the Child: Algeria, 18/06/97, CRC/C/15/Add. 76.

23. The Committee expresses regret at the lack of information on programmes of education and health-care services, in accordance with Article 30 of the Convention, for nomadic children.

35. The Committee recommends that special attention be given to the problems of ill-treatment and abuse, including sexual abuse, of children within the family and corporal punishment in schools, and stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence on children, in accordance with Article 19 of the Convention. The Committee also suggests that comprehensive studies on these problems be initiated in order to understand them better and to facilitate the elaboration of policies and programmes, including rehabilitation programmes, to combat them effectively.

37. The Committee recommends that further steps be taken to ensure that nomadic children have access to education and health-care services through a system of specifically targeted education and health-care schemes which will allow these children to enjoy their right, in community with other members of their group, to their own culture, as stipulated in Article 30 of the Convention.

ANDORRA (2002)

Concluding Observations of the Committee on the Rights of the Child: Andorra, 07/02/2002, CRC/C/15/Add. 176.

24. The Committee notes with concern that the low minimum age for marriage is 16 years of age, 14 years of age with the judge's permission.

25. The Committee recommends that the State party review its legislation with a view to increasing the minimum age of marriage.

28. The Committee notes with concern that children of seasonal workers residing illegally in the State party may have difficulties in acceding health and education services.

29. In light of article 2 of the Convention, the Committee, while welcoming the information that the children of seasonal workers residing illegally in the State party are in practice provided with emergency health care, recommends that the State party take the necessary steps to allow these children access to basic and other social services such as health care and education.

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

39. The Committee expresses its concern at the lack of data and information on child abuse and neglect. Further, while noting that corporal punishment in school is prohibited under law, it remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools

40. In light of article 19, the Committee recommends that the State party: (a) Undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, within the family and bullying in schools in order to assess the extent, scope and nature of these practices; (b) Develop awareness-raising campaigns in order to prevent and combat child abuse with the involvement of children; (c) Evaluate the work of existing structures and provide training to the professionals involved in this type of cases; (d) 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 of child victims, including the protection of their right to privacy; (e) Prohibit the practice of corporal punishment in the family and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children's rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child's human dignity and in conformity with the Convention, especially articles 19 and 28.2.

41. The Committee expresses its concern about the health problems faced by adolescents within the State party, including drug abuse, and the fact that they make little use of the health services available to them. In particular, it takes note of the number of cases of anxiety and depression affecting children and of the fact that psychological treatments for children are not covered by the national security.

42. The Committee recommends that the State party: (a) continue with and expand the services provided by Consulta Jove; (b) continue and strengthen its activities to prevent HIV/AIDS and STDs , drug and other substances abuse and unwanted pregnancies, and strengthen the programme of health education in schools.

ANGOLA (2004)

Concluding observations of the Committee on the Rights of the Child: Angola, 3/11/2004, CRC/C/15/Add.246.

3. The Committee welcomes: (c) The commitments made to strengthen the protection of the rights of the young child by the State party in the context of the first National Forum on Early Childhood Care and Development, held in Luanda from 14 to 16 June 2004; (d) The ratification in 2001 of the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182); (e) The ratification of the African Charter on the Rights and Welfare of the Child in July 2003.

4. The Committee notes that the many years of armed conflict, which ended in 2002, have had a very negative impact on children in Angola and on the implementation of their rights. In particular, it notes that as a consequence of the conflict more than 4 million people were internally displaced; many children were separated from their parents; schools, health services and the infrastructure of many communities were destroyed or severely damaged; and children suffered serious physical, psychological and other traumas.

7. While noting the existence of a human rights office in the Ministry of Justice, a human rights commission of the National Assembly and a number of human rights commissions at the provincial level, the Committee regrets the lack of an independent national human rights institution in the State party. It notes in this regard that the Constitution allows for the establishment of such an institution.

21. The Committee is concerned at the discrimination faced by children with disabilities, girls, and children belonging to the San communities in the State party.

22. The Committee recommends that the State party take the necessary legislative measures to explicitly prohibit all forms of discrimination, in accordance with article 2 of the Convention. In this regard, it encourages the State party to include "disability" as a legally unacceptable ground for discrimination in the new constitution currently under consideration. The Committee also recommends that the State party undertake the necessary actions, including awareness-raising and educational campaigns, to reduce and prevent discrimination in practice, particularly against girls.

26. While welcoming the efforts undertaken by the State party in cooperation with civil society groups to ensure that children are registered and provided with birth certificates, including the National Campaign for Free Registration of Children, the Committee remains concerned about the unacceptably high number of unregistered children in the State party and the consequences of non-registration on children's access to education and other services.

27. In light of article 7 of the Convention, the Committee strongly recommends that the State party undertake all necessary measures (e.g. by using mobile birth registration units) to ensure that all children are registered at birth, including by providing such registration free of charge, in line with the commitments made by the Government at the National Forum on Early Childhood Care and Development in June 2004. Meanwhile, children whose births have not been registered should be allowed to access basic services, such as health and education, while waiting to be properly registered.

36. The Committee is concerned about the growing number of cases of abuse and violence against children, including sexual abuse in their homes, in schools and in other institutions.

37. The Committee recommends that the State party strengthen current efforts to address the problem of child abuse, including by ensuring that: (a) Child-sensitive mechanisms to receive and investigate complaints regarding ill-treatment and abuse are established; (b) Public education campaigns about the negative consequences of ill-treatment and preventive programmes, including family development programmes, promoting positive, non-violent forms of discipline are conducted; (c) Counseling and assistance with recovery and reintegration are provided to all victims of violence; (d) Adequate protection to child victims of abuse in their homes is provided; (e) The national plan of action to combat sexual abuse of minors is effectively implemented.

40. The Committee welcomes the efforts to elaborate a strategy to support children with disabilities, in conjunction with UNICEF. However, the Committee regrets the lack of official data on the number of children with disabilities and the lack of care facilities for these children, especially in rural areas, and the fact that a large number of children with disabilities do not attend any form of education.

41. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (see CRC/C/69), the Committee recommends that the State party take all necessary measures: (a) To address all issues of discrimination, including social discrimination, in particular against children with disabilities living in rural areas; (b) To collect accurate statistical data on children with disabilities; (c) To provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities in regular schools; (d) To ensure equal access to health services; (e) To continue and strengthen cooperation with UNICEF.

42. The Committee expresses its deep concern at the alarming levels of mortality among children, with 25 per cent of children dying before they reach the age of 5. It notes that the main causes of child mortality are related to malaria, diarrhoeal diseases, acute respiratory diseases and vaccine-preventable diseases. The Committee is also concerned about the fact that a majority of children do not have access to adequate heath services, the high level of malnutrition among children, the lack of access to safe drinking water and proper sanitation, and inadequate breastfeeding practices among women.

43. The Committee urges the State party to strengthen its efforts to improve the health situation of children in the State party, including through: (a) A continuation and strengthening of its efforts to ensure that all children have access to basic health-care services; (b) Strengthening vaccination programmes; (c) Improving the nutritional status of children; (d) Active promotion of exclusive breastfeeding for six months after birth, with the addition of appropriate infant diet thereafter.

44. The Committee is concerned at the lack of adolescent health services and the large number of teenage pregnancies.

45. The Committee recommends that the State party pay close attention to adolescent health, taking into account the Committee's General Comment No. 4 on adolescent health and development. In particular, the State party should strengthen sexual and reproductive health education for adolescents, including family planning measures, especially in schools and out-of-school programmes, with a view to reducing the incidence of teenage pregnancy, and provide pregnant teenage girls with the necessary assistance and access to health care and education. It is also recommended that a comprehensive study be undertaken to assess the scope and nature of adolescent health problems, including the prevalence and negative impact of STIs and HIV/AIDS.

46. The Committee notes with concern the customary practice of early marriage.

47. The Committee recommends that the State party ensure the effective enforcement of the minimum age for contracting marriage stipulated in the Family Code. Such measures should be accompanied by awareness-raising campaigns to prevent early marriages.

48. The Committee expresses its concern about the high and growing incidence of HIV/AIDS in the State party and the high number of children who are infected with HIV or have become AIDS orphans.

49. The Committee refers the State party to its General Comment No. 3 on HIV/AIDS and the rights of the child and recommends that the State party reinforce its efforts to combat HIV/AIDS, including by: (a) Accelerating the adoption and implementation of a national plan of action for orphans, vulnerable children and children affected by HIV/AIDS, as envisaged in the 2004 National Forum on Early Childhood Care and Development; (b) Continuing and strengthening measures taken under the National Programme to Combat HIV/AIDS; (c) Developing youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child; (d) Seeking technical cooperation from, among others, UNAIDS.

64. While welcoming the State party's ratification of ILO Conventions Nos. 138 and 182 in 2001, the Committee is concerned that many children below the legal age for employment work in the State party, mostly in family farms and in the informal sector, and that the work of these children is not monitored, although it is known that children are vulnerable to exploitation in employment.

66. The Committee is concerned about the extent of the problem of sexual exploitation of and trafficking in children in the State party and notes that internally displaced and street children are particularly vulnerable to such abuse.

67. The Committee recommends that the State party further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by finalizing the national plan of action in this area and providing the appropriate legal framework and sufficient human and financial resources for its implementation. The Committee also encourages the State party to define "trafficking" as a special criminal offence under the Penal Code.

68. The Committee expresses its concern at the increasing number of street children in the State party. It also notes with concern the generalized use of intoxicating substances among street children.

69. The Committee recommends that the State party: (a) Conduct a comprehensive study to assess the situation of street children; (b) Take measures to prevent and reduce this phenomenon by addressing its root causes; (c) 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; (d) Ensure that these children are provided with recovery and reintegration services for physical, sexual and substance abuse and services for reconciliation with their families.

72. The Committee notes the information provided by the State party about the approval by Parliament of the two Optional Protocols to the Convention on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict in 2002. However, the Committee notes that the instruments of ratification have not yet been deposited with the Secretary-General, and urges the State party to take immediate action in this regard.

ANTIGUA AND BARBUDA (2004)

Concluding observations of the Committee on the Rights of the Child: Antigua and Barbuda, 3/11/2004, CRC/C/15/Add.247.

3. The Committee notes the adoption of the following laws aimed at enhancing the implementation of the Convention: (a) Sexual Offences Act in 1995, protecting children from incestuous relationships; (b) Domestic Violence Act in 1999, protecting the rights of children and women from domestic violence; and (c) Magistrates Code of Procedure (Amendment) Act of 1993, ensuring adequate payment of child maintenance by absent fathers.

7. The Committee welcomes the ratification in 2002 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

8. The Committee welcomes the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182) in 2002 and the Minimum Age Convention, 1973 (No. 138) in 1983.

26. While noting that discrimination is prohibited under the Constitution, the Committee regrets that the grounds mentioned in the Constitution are not in full compliance with article 2 of the Convention and that no additional legislation exists that explicitly prohibits all forms of discrimination and in greater detail. The Committee is also concerned that some groups of children, in particular girls, children with disabilities, children living in poverty, children born out of wedlock and informally adopted children, suffer from discriminatory attitudes and disparities in accessing basic services.

27. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the principle of non discrimination and that it adopt appropriate legislation, where necessary, to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2.

33. Given the information that some 50 per cent of all households in the State party are headed by women, the Committee expresses its concern that the establishment of legal paternity, where the biological father does not want to legally recognize the child, is time consuming and expensive, which constitutes an impediment to the right of the child to an identity and/or to know both parents.

34. In the light of article 7 of the Convention, the Committee recommends that the State party facilitate the establishment of legal paternity for children born out of wedlock by creating accessible and expeditious procedures and by providing mothers with necessary legal and other and alternative care

41. The Committee is seriously concerned that no safe houses or places of alternative care exist for boys who suffer from parental neglect or who need to be removed from their family environment, and that they are generally placed in the facility for boys in conflict with the law.

47. The Committee welcomes the adoption of the Sexual Offences Act of 1995 which protects the child against incest, but is concerned that the Offences Against the Person Act protects only girl children from rape and not boys, and that there are no local laws that specifically deal with the issue of protecting children against psychological violence. The Committee is further concerned that there are no officially designated places of safety for child victims of abuse where they can stay until their cases are heard by a magistrate, and that in practice, children are usually held at the police station, which is a cause of serious alarm. The Committee also expresses concern about the lack of adequate complaint filing mechanisms for child victims of abuse and neglect. The Committee is also concerned that prosecution for child abuse and neglect may be impeded as a result of major infrastructural problems in the legal system.

48. The Committee recommends that the State party take the necessary measures to prevent child abuse and neglect by, inter alia: (a) Carrying out public education campaigns that raise awareness of the consequences of ill-treatment of children and alternative measures of disciplining children, addressing sociocultural barriers that inhibit victims from seeking assistance; (b) Introducing legislation making it mandatory for all professionals working for and with children to report suspected cases of abuse and neglect, and train them in the identification, reporting and management of ill-treatment cases; (c) In addition to existing procedures, establishing effective mechanisms to receive, monitor and investigate complaints in a child-sensitive manner and ensuring proper prosecution of perpetrators of child abuse and neglect; (d) Providing services for the physical and psychological recovery and social reintegration to victims of sexual abuse and any other child victims of abuse, neglect, ill treatment, violence or exploitation, and taking appropriate measures to prevent the criminalization and stigmatization of victims, including through cooperation with NGOs; (e) Seeking technical assistance from, inter alia, UNICEF and WHO.

51. The Committee welcomes the initiative taken by the State party to make baby products, including medicine, tax free. It further notes the high level of immunization coverage and that health services are free and cover all areas of the country. It also notes the establishment of the AIDS secretariat and welcomes the information that antiretroviral drugs will be provided free of charge to patients with HIV/AIDS. However, the Committee notes that, as recognized by the State party, the social services are under a tremendous resource strain, in particular the health service. The Committee also shares the concern of the State party at the rising incidence of obesity.

52. 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 resources, including basic medicines for all children; (b) Strengthen the data collection system, inter alia with regard to important health indicators, ensuring the timeliness and reliability of both quantitative and qualitative data and using them for the formulation of coordinated policies and programmes for the effective implementation of the Convention; and (c) Engage in efforts to educate children and their parents about healthy diets and lifestyles.

53. The Committee is concerned that insufficient attention has been given by the State party to adolescent health issues, including developmental, mental and reproductive health concerns. The Committee further notes with concern that the adolescent outreach project focusing on fertility and sexuality funded by the United Nations Population Fund (UNFPA) has not been sustained. The Committee is also concerned that reproductive health education is not part of the official curriculum of primary and secondary education.

54. The Committee recommends that the State party: (a) Undertake a comprehensive study to assess the nature and extent of adolescent health problems and, with the full participation of adolescents, use this as a basis to formulate adolescent health policies and programmes with a particular focus on the prevention of sexually transmitted diseases (STDs), especially through reproductive health education and child-sensitive counselling services, and taking into account the Committee's General Comment No. 4 (2003) on adolescent health and development in this regard; (b) Strengthen developmental and mental health counselling services as well as reproductive health counselling and make them known and accessible to adolescents; (c) Take measures to incorporate reproductive health education in the school curriculum, particularly at the secondary level, in order to fully inform adolescents about their reproductive health rights and the prevention of STDs, including HIV/AIDS, and early pregnancies; (d) Consider means of providing particular support to pregnant teenagers, including through community structures and social security benefits; and (e) Continue to work with international agencies with expertise in health issues relating to adolescents, inter alia UNFPA, UNICEF and WHO.

58. The Committee is also concerned that a significant number of pregnant teenagers do not generally continue their education, and that the Golden Opportunity Programme initiated by the Ministry of Education seems to have had little success. The Committee is also concerned that girls and young women are often forced to leave school because of pregnancy.

59. The Committee recommends that the State party carefully examine the budgetary allocations for 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. In particular, the Committee recommends that the State party: (a) Take further measures to facilitate access to education by children from all groups in society by, inter alia, building more schools, improving the provision of school materials, and abolishing the entrance examination system so as to guarantee all students access to public secondary schools; (b) Take appropriate measures, with the participation of children, to increase school attendance and reduce the high drop-out and repetition rates; (c) Provide education opportunities for pregnant teenagers; (d) In the light of the Committee's General Comment No. 1 on the aims of education, include human rights education, including the rights of children, in the school curriculum at all levels of education; and (e) Seek further technical assistance from, inter alia, UNICEF and UNESCO.

60. The Committee notes with appreciation the State party's ratification in September 2002 of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee expresses concern, however, about the atmosphere of complacency, which may reduce efforts to prevent and eliminate child labour.

61. The Committee recommends that the State party make every effort, including taking preventive measures, to ensure that those children who engage in lawful domestic work do not work under conditions that are harmful to them and continue to have access to education, and that unlawful work is prevented and eliminated. The Committee further recommends that the State party take action to implement all policies and legislation relevant to child labour, inter alia through campaigns and education for the public on the protection of the rights of children.

64. The Committee is concerned that the Sexual Offences Act of 1995 does not afford the same protection to boys as it does to girls. The Committee is also concerned at the low rate of prosecutions of those who sexually exploit children and that there is little in the way of public campaigns to educate the population about the laws governing sexual exploitation. The Committee notes that sexual exploitation of children should be a particular and growing concern for the State party, given its heavy reliance on commercial tourism.

65. The Committee recommends that the State party: (a) Take appropriate legislative measures and ensure protection from sexual abuse and exploitation for boys and girls under 18 years; (b) Undertake a comprehensive study to examine the sexual exploitation of children, gathering accurate data on its prevalence; (c) 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; (d) Avoid criminalizing child victims of sexual exploitation and ensure proper prosecution of perpetrators; and (e) Implement appropriate policies and programmes for the prevention of this crime and the recovery and reintegration of its 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.

66. The Committee notes the lack of information in the State party's report on trafficking of persons, including children, and that there are no laws that specifically address this issue.

67. The Committee recommends that the State party undertake a comprehensive study to examine the phenomenon of trafficking, including of children, gathering accurate data on its prevalence, and introduce legislation prohibiting it. The Committee also recommends that the State party consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

ARGENTINA
(2002)

Concluding observations of the Committee on the Rights of the Child: Argentina, 09/10/2002, CRC/C/15/Add. 187.

17. While noting the recent efforts of the National Council for Children, Adolescents and the Family to improve coordination and the establishment of monitoring teams in 17 provinces, the Committee regrets that its previous recommendation about better coordination between mechanisms and institutions dealing with the promotion and protection of the rights of children (ibid. , para. 15) was not fully followed up, and that the State party still lacks a clearly defined and comprehensive child rights policy and plan of action for the implementation of the Convention.

18. The Committee reiterates its previous recommendation (ibid.) that the State party adopt a comprehensive approach in implementing the Convention, in particular by: (a) Improving coordination between the various mechanisms and institutions already in place to deal with the promotion and protection of children's rights; (b) Strengthening its children's rights policy and developing a national plan of action for the implementation of the Convention, which should be prepared through an open, consultative and participatory process.

25. The Committee reiterates its concern at the disparity between the ages of marriage for boys and girls in Argentine law (ibid., para.10).

26. In light of articles 1 and 2 and other related provisions of the Convention, the Committee recommends that the State party review its legislation with a view to increasing the minimum age of marriage of girls to that of boys.

27. The Committee is concerned that the principles of non-discrimination, the best interests of the child, the right to life, survival and development of the child and respect for the views of the child are not fully reflected in the State party's legislation and administrative and judicial decisions, or in policies and programmes relevant to children at federal, provincial and local levels.

28. The Committee recommends that the State party: (a) Appropriately integrate the general principles of the Convention, namely articles 2, 3, 6 and 12, in all relevant legislation concerning children; (b) Apply them in all political, judicial and administrative decisions, as well as in projects, programmes and services which have an impact on all children; (c) Apply these principles in planning and policy-making at every level, as well as in actions taken by social and health welfare and educational institutions, courts of law and administrative authorities.

29. The Committee is concerned that the principle of non-discrimination is not fully implemented for children living in poverty, indigenous children, children of migrant workers, primarily those from neighbouring countries, street children, children with disabilities and marginalized adolescents who are neither studying nor working, especially with regard to their access to adequate health care and educational facilities.

32. The Committee notes that the right of all children to participate in schools, as well as outside in all matters concerning them, needs to be further strengthened.

33. In light of article 12, the Committee recommends that the State party: (a) Follow up on the Committee's previous recommendation (ibid. , para. 21) that further steps be taken to encourage the active participation of children in schools, and in society in general, in the spirit of article 12 of the Convention; (b) Make sure that all children mature enough to express their views are heard in all judicial and administrative procedures affecting them; (c) Undertake campaigns to make children, parents, professionals working with and for children and the public at large aware that children have the right to be heard and to have their views taken seriously.

44. The Committee, while noting the adoption of Law 24. 417 on protection against domestic violence, remains concerned about the extent of domestic violence, the lack of standardized procedures for the identification and reporting of cases of neglect, ill-treatment and abuse, and the limited services for the support of victims, especially in the provinces.

45. In light of article 19 of the Convention, the Committee recommends that the State party: (a) Undertake studies on domestic violence, violence against children, ill treatment and abuse, including sexual abuse, and expand the system of data collection for the whole country so as to keep a record of incidents of physical and mental violence and neglect against children, in order to assess the extent, scope and nature of these practices; (b) Adopt and implement effectively adequate measures and policies, including public campaigns, on alternative forms of discipline, that contribute to changing attitudes; (c) Investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, within a child-sensitive inquiry and judicial procedure, in order to ensure better protection of child victims, including the protection of their right to privacy; (d) Increase measures to provide support services to children in legal proceedings and for the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention; (e) Take into account the Committee's recommendations adopted at its days of general discussion on violence against children within the family and in schools (see CRC/C/111) and on "State violence against children" (see CRC/C/100).

46. While noting the decrease in the infant, child and maternal mortality rates, the Committee is nevertheless concerned that the rates remain high and that there are great disparities in these rates, in particular with regard to children from a lower socio-economic background, those living in rural areas, in particular in the northern provinces, and indigenous children. It also notes that 6 out of 10 infant deaths could be avoided by low-cost actions.

47. The Committee recommends that the State party: (a) Allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of all children without discrimination, in particular by focusing more on health promotion and prevention; (b) In order to further decrease child mortality and morbidity and maternal mortality rates, take measures to implement the Reproductive Health and Responsible Procreation Act of July 2000; (c) Provide adequate antenatal and post-natal health-care services and develop campaigns to inform parents about basic child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation, family planning and reproductive health, especially in the provinces.

50. The Committee notes with concern the growing number of cases of HIV/AIDS among the youth, notwithstanding the existing National Plan of Action for HIV/AIDS, and reiterates its concern (ibid. , para. 12) about the number of teenage pregnancies, in particular in some of the provinces.

51. The Committee recommends that the State party: (a) Review and reactivate its programmes against HIV/AIDS and increase its efforts to promote adolescent health policies. Due attention should be given to reproductive health, and the programme of health and sexual education in schools should be further strengthened; (b) Undertake a comprehensive and multidisciplinary study to assess the scope and nature of adolescent health problems, including the negative impact of sexually transmitted diseases and HIV/AIDS, and continue to develop adequate policies and programmes; (c) Take further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health, and to develop youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child; (d) Seek technical cooperation from, among others, UNFPA, UNICEF, WHO and UNAIDS.

56. The Committee, while noting the increase in school enrolment for both primary and secondary education, remains concerned at the limited access to education and at the high drop out and repetition rates, especially at secondary school level, which affect, in particular, children from marginalized urban and rural areas, indigenous children and children from migrant families, particularly illegal migrants. It further notes with concern the reduction in education spending which affects, in particular, poorer children.

57. In light of articles 28 and 29 of the Convention, the Committee recommends that the State party: (a) Increase the budget allocated to education; (b) Enforce the Social Plan of Education in order to ensure regular attendance at school and the reduction of drop-out rates, especially with regard to the most vulnerable children; (c) Strengthen programmes of subsidies and scholarships for the children who are most affected by the economic crisis; (d) Strengthen and expand education in human and children's rights; (e) Improve the quality of education in order to achieve the goals mentioned in article 29, paragraph 1, in line with the Committee's General Comment No. 1 on the aims of education.

60. The Committee is concerned that the phenomenon of child prostitution, especially in big cities, is increasing. It further notes that, although a National Plan of Action to Combat Commercial Sexual Exploitation of Children was adopted in 2000, coordinated policies and programmes on this issue have yet to be formulated.

61. In light of articles 32 to 36 of the Convention, the Committee recommends that the State party: (a) Undertake a study on the issue of commercial sexual exploitation and trafficking of children in order to assess its scope and causes and develop effective monitoring and other preventive measures; (b) Combat and eliminate commercial sexual exploitation and trafficking of children, including through the enforcement of the National Plan of Action and the development of social integration programmes and policies and programmes for the rehabilitation and recovery 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: Argentina, 15/02/95, CRC/C/15/Add. 35.

19. The Committee suggests that the State party consider undertaking greater efforts to provide family education and developing awareness of the equal responsibility of parents. Health education programmes should be developed to counter the high incidence of teenage pregnancy.

ARMENIA (2000)

Concluding Observations of the Committee on the Rights of the Child: Armenia, 24/02/2000, CRC/C/15/Add. 119.

34. While noting the protection afforded to children with disabilities under the 1996 Rights of the Child Act, the Committee is nevertheless concerned at the prevailing poor situation of children with disabilities, who are often institutionalized.

35. 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 encourages the State party to make greater efforts to implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes. The Committee encourages the State party to undertake a comprehensive national study on the situation of children with disabilities. 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, and the State party is encouraged to develop special education programmes for children with disabilities. The Committee encourages the State party to undertake greater efforts to make available the necessary resources, and to seek assistance from inter alia UNICEF and WHO, and relevant NGOs.

36. The Committee wishes to reiterate the concerns expressed by the Committee on Economic, Social and Cultural Rights (E/C. 12/1/Add. 39) with regard to the deterioration in the health of the Armenian people, especially women and children, and decreasing budgetary allocations in this sector. The Committee's concerns include the deterioration in the quality of care; inadequate prenatal and neonatal care; poor nutrition; that the cost of care is a barrier to access to health care for poor households; and that abortion is the most commonly used means of family planning.

37. The Committee recommends that the State party increase allocation of resources towards an effective primary health care system. The Committee recommends that the State party continue its efforts to distribute food to the poorest sections of society; expand use of iodized salt; and establish family planning programmes. The State party is encouraged to continue cooperation with and seek assistance from, inter alia, UNICEF, WHO, the World Food Programme and civil society.

38. With regard to adolescent health, the Committee is concerned at the high and increasing rate of teenage pregnancies, and the consequent high rate of abortions among girls under 18, especially illegal abortions; and the rise in rates of STDs and spread of HIV. Although parents play the most important role in this regard, nevertheless cultural attitudes, and lack of personal knowledge and communication skills on the part of parents are barriers to accurate reproductive health information and counselling.

39. The Committee recommends that the State party undertake a comprehensive study on the nature and extent of adolescent health problems, to be used as a basis for formulating adolescent health policies. In the 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.

40. The Committee expresses its concern at the high incidence of environmental threats, including contamination of water supplies, which have a negative impact on the health of children. The Committee is concerned that there is insufficient data on access to clean water and sanitation.

42. The Committee is concerned about the situation of children living and/or working on the streets, who are amongst the most marginalized groups of children in Armenia.

43. The Committee recommends the State party establish mechanisms to ensure these children are provided with identity documents, nutrition, clothing, and housing. 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 families; comprehensive education, including vocational and life-skills training; and access to legal aid. The State party should cooperate and coordinate its efforts with civil society in this regard. The Committee recommends that the State party undertake a study on the nature and extent of the phenomenon.

54. The Committee is concerned at the insufficient data and awareness of the phenomena of sexual abuse and exploitation of children in Armenia, and the absence of a comprehensive and integrated approach to prevent and combat these phenomena.

55. 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 review its legislation and ensure that it criminalizes the sexual abuse and exploitation of children and penalizes all offenders, whether local or foreign, while ensuring that the child victims of these practices are not penalized. The Committee recommends that the State party ensure that domestic laws concerning the sexual exploitation of children are gender neutral; provide civil remedies in the event of violations; ensure that procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; include provisions to protect from discrimination and reprisals those who expose violations; and vigorously pursue enforcement. Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation. There is a need for trained personnel. 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, involving cooperation with neighbouring countries.

ARUBA
(2004)

Concluding observations of the Committee on the Rights of the Child: The Kingdom of the Netherlands (Aruba) , 26/02/2004, CRC/C/15/Add.227.

22. While noting that budget allocations for children are relatively significant, the Committee is concerned that in recent years, the financial resources allocated to education, child protection, the prevention of child abuse have declined, and that in the Netherlands, funding of legal assistance for children and the work of youth organizations have been significantly reduced, thus jeopardizing the continuity of services.

23. The Committee recommends that the State party pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, in particular those belonging to economically disadvantaged groups, "to the maximum extent of … available resources".

24. While welcoming the statistical data supplied in the State party's written replies to the list of issues (CRC/C/RESP/48) , the Committee regrets the absence of information on the system of data collection. In addition, the Committee is concerned that in the Netherlands the statistics appear to be disaggregated by age groups to 25 years, which causes difficulties in determining the situation of children under the age of 18.

25. The Committee recommends that the State party develop a system of data collection which is compatible with the Convention and collect data disaggregated by sex, age and other relevant indicators. Such a system should cover all persons under the age of 18 and pay particular attention to vulnerable groups, such as children deprived of a family environment, victims of abuse, sexual exploitation and trafficking and children in conflict with the law. Furthermore, the data should be used in the development of programmes and policies for the implementation of the Convention.

30. The Committee notes the significant efforts made by the State party to address racial discrimination, which have also been recognized in detail by the Committee on the Elimination of Racial Discrimination in its concluding observations (CERD/C/304/Add.104) on the thirteenth and fourteenth periodic reports of the Netherlands. However, the Committee is concerned that societal prejudices and discrimination persist in society, in particular, against children of ethnic minorities and refugee and asylum-seeking children, and that in some localities and schools in the Netherlands there is de facto segregation between ethnically Dutch families and families of foreign origin. In Aruba, the Committee is concerned about discrimination against children of migrant families, in particular, in accessing services and the fact that disability is not considered a ground for discrimination as defined by the Constitution.

31. The Committee recommends that the State party increase its efforts to ensure the implementation of existing laws guaranteeing the principle of non discrimination and full compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups. The Committee requests the State party to pay particular attention to eliminating negative stereotype of refugee and asylum-seeking children in the Netherlands and to address the root causes of de facto segregation in schools and localities. It further recommends that the State party ensure that children of migrant families in Aruba have equal access to education, health and other services and that there is legislation to protect children with disabilities against discrimination.

32. 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, taking into account the Committee's general comment No. 1 on article 29 (1) of the Convention (aims of education)

33. The Committee notes the information that euthanasia remains a crime under article 293 of the Penal Code, but which is not prosecuted if committed by a medical doctor who meets the criteria explicitly set out in article 293 (2) of the Penal Code and follows the procedures required by law and regulations. As this legislation is also applicable to children aged 12 years or older, requiring explicit and repeated requests from the child, and parental consent if the child is younger than 16 years, the Committee is concerned about the monitoring of such requests because controls are exercised after the request has been fulfilled and because some cases are not reported by doctors. The Committee is concerned about information that medical personnel have terminated the life of newborn infants with severe abnormalities.

34. With respect to the Human Rights Committee's recommendations in this regard (CCPR/CO/72/NET, para. 5) , the Committee recommends that the State party: (a) Frequently evaluate, and if necessary revise, the regulations and procedures in the Netherlands with respect to the termination of life on request in order to ensure that children, including newborn infants with severe abnormalities, enjoy special protection and that the regulations and procedures are in conformity with article 6 of the Convention; (b) Take all necessary measures to strengthen control of the practice of euthanasia and prevent non-reporting, and to ensure that the mental and psychological status of the child and parents or guardians requesting termination of life are taken into consideration when determining whether to grant the request; (c) Provide in its next periodic report additional information on the implementation of laws and
regulations on the termination of life on request.

37. The Committee shares the State party's concern that a significant number of births are not registered in Aruba.

38. The Committee recommends that the State party strengthen efforts in Aruba to ensure that the births of all children are registered, including those of undocumented migrants. In this regard, the Committee suggests that the State party explore cooperation between the regions of Aruba and the Netherlands Antilles and possibly other countries in the region.

39. The Committee is concerned about the reduction of funding for childcare institutions, facilities and services, including day care, in the State party, which has resulted in waiting lists and a fragmentation of services aimed at assisting parents in their child-rearing responsibilities.

40. In light of article 18, the Committee recommends that the State party evaluate services available to parents to assist them in their child-rearing responsibilities in order to determine the cause of waiting lists in the Netherlands and assess the quality of services provided.The Committee further recommends that throughout the Kingdom, the State party increase the funding and availability of quality childcare facilities and services, support parental education programmes, in particular for parents of disadvantaged and vulnerable children and adolescents, and ensure that all children and adolescents of working parents have the right to benefit from these services and facilities.

41. The Committee shares the State party's concern that alternative care mechanisms and institutions are insufficient to respond to the number of children requiring such care in Aruba, and reiterates its concern regarding the lack of alternatives to residential care for children deprived of a family environment in the Netherlands.

42. The Committee recommends that the State party expand alternative care in all parts of the Kingdom through, inter alia, increasing the support services and financial assistance for foster care families, as well as the number of staff working in residential institutions in Aruba so as to ensure that children receive full-time care, including on weekends.

43. The Committee notes with satisfaction that, in the Netherlands, the Youth Care Act, which aims to improve the effectiveness of child protection services and includes the obligation for medical personnel to report suspected cases of child abuse, has been passed by the lower house of Parliament and is awaiting the approval of the Senate. However, the Committee is concerned that in the Netherlands waiting lists for services for victims of abuse remain, and that insufficient financial resources are allocated for the prevention of abuse and recovery and counselling services. Furthermore, the Committee shares the State party's concern that there is no clearly defined policy on preventing child abuse and neglect and providing assistance to victims in Aruba and that services in this area are insufficient. The Committee is also concerned that there is no legal prohibition on corporal punishment in the family.

44. The Committee recommends that the State party: (a) Ensure that there is a clearly defined policy on child abuse and neglect, which includes prevention, reporting and assistance to victims and is supported with adequate financial and human resources, in both the Netherlands and Aruba; (b) Ensure that, in the Netherlands, the Youth Act conforms with the provisions and principles of the Convention and expedite its entry into force; (c) Enact the 1993 Aruban Government Decree on the establishment of a medical examiner's office which registers cases of child abuse and neglect and coordinates investigation and treatment of victims in a child-sensitive manner; (d) Explicitly prohibit corporal punishment in law throughout the State party and 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 welcomes the continuing efforts to integrate children with disabilities into the mainstream education system, in particular in the Netherlands. However, it is concerned that children with disabilities in the Netherlands spend a significant amount of time waiting to access services and programmes. In addition, the Committee is concerned that in Aruba, children with disabilities are not fully integrated into society.

46. In keeping with 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 strengthen its efforts to integrate children with disabilities into mainstream education and everyday life by: (a) Taking all necessary measures to eliminate waiting lists for services and programmes for children with disabilities in the Netherlands; (b) Expanding education possibilities for children with disabilities in Aruba, including those with learning disabilities, at the secondary school level; (c) Improving the physical accessibility of mainstream schools, leisure and recreational facilities, and other public buildings and spaces in Aruba; (d) Undertaking awareness-raising campaigns to address prejudicial attitudes to children with disabilities, and promoting their full integration into society.

47. The Committee welcomes the low infant and child mortality rates in all parts of the State party, but is concerned about the relatively low vaccination rates among some religious groups. The Committee is also concerned that HIV/AIDS infection rates for mothers and children are on the rise.

48. The Committee recommends that the State party: (a) Take all necessary measures, in cooperation with parents and religious leaders, to ensure universal vaccination of children; (b) Take all necessary measures to reduce mother-to-child transmission of HIV/AIDS, including but not limited to the use of antiretroviral drugs for pregnant mothers who are HIV-positive.

49. The Committee is concerned at the lack of sufficient mental health services for adolescents in the State party, and the prevalence of drug and alcohol abuse. It is also concerned that teenage pregnancies and sexually transmitted infections are on the rise in the Netherlands, and that in Aruba there are limited services for teenage mothers, who are sometimes excluded from schools.

50. The Committee recommends that the State party: (a) Take all necessary financial and administrative measures to ensure adequate availability of mental health services for adolescents; (b) Take all necessary measures to prevent drug and alcohol abuse, including education campaigns, and ensure that there are sufficient rehabilitation services specifically for children and adolescents; (c) Strengthen programmes on sex education, including in schools, and reproductive health counselling for adolescents and take effective measures to prevent early pregnancy; (d) Provide teenage mothers in Aruba with the appropriate assistance and ensure that they can finish their education.

51. The Committee notes the information provided by the delegation that efforts will be strengthened in the Netherlands and Aruba to prevent and assist school dropouts and the intention to expand bilingual education (Papiemento and Dutch) to secondary schools in Aruba. However, the Committee is concerned that primary education is not compulsory in Aruba and that early childhood education is not universally available throughout the State party.

52. The Committee recommends that the State party: (a) Expedite efforts to address non-attendance and the dropping out of school; (b) Ensure that affordable and quality early childhood education is available for all children; (c) In Aruba, expedite the adoption of the National Ordinance on Compulsory Education and ensure that it is enforced, including for children of undocumented migrants; (d) In Aruba, ensure that sufficient teaching materials are available in Papiemento for primary and secondary students; (e) Include human rights education in the curriculum in both the Netherlands and Aruba.

56. The Committee welcomes the State party's efforts in the Netherlands to address the sexual exploitation of children, in particular, through training of the police. However, it is concerned that the "complaint requirement" by victims over the age of 12 and the "double criminality" requirement hamper the prosecution of cases of child sexual abuse committed in the Netherlands and abroad. n Aruba, the Committee is concerned that children are vulnerable to trafficking for the purposes of drug trafficking or sexual exploitation, including through tourism.

57. The Committee recommends that the State party: (a) Develop a National Plan of Action against Commercial Sexual Exploitation for both the Netherlands and Aruba, as agreed at the First and Second World Congresses against Commercial Sexual Exploitation of Children (1996 and 2001) , and strengthen regional cooperation in this regard; (b) In the Netherlands, amend legislation to eliminate the complaint requirement and double criminality requirement for the prosecution of sexual offences against children; (c) Strengthen the capacity of the police in the Netherlands and Aruba to receive and investigate complaints of trafficking and sexual exploitation in a child-sensitive manner, inter alia, by increasing human and financial resources and, where necessary, providing appropriate training; (d) Ensure that all victims of trafficking and prostitution in the State party have access to appropriate recovery and reintegration programmes and services; (e) Undertake an in-depth study of trafficking and sexual exploitation of children in Aruba, including the possible existence of sex tourism.

60. The Committee notes that the State party signed the Optional Protocols to the Convention on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict on 7 September 2000. However, the Committee is concerned that the Optional Protocols have not yet been ratified.

61. The Committee recommends that the State party expedite the ratification of the Optional Protocols to the Convention on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

(2001)

25. The Committee is concerned that despite the equal protection clause of the Aruban Constitution, the Country Ordinance on Admittance and Deportation still legally distinguishes between the legitimate family of a man born in Aruba with Netherlands nationality and the legitimate family of a woman born in Aruba with Netherlands nationality. Although the provision is said not to be applied in practice, the State party should remove this differentiation, which is in breach of article 26 of the Covenant.

AUSTRALIA (1997)

Concluding Observations of the Committee on the Rights of the Child: Australia, 10/10/97, CRC/C/15/Add. 79.

3. The Committee appreciates the State party's firm commitment to adopting measures for the implementation of the rights of the child as recognized in the Convention. The Committee notes specifically the wide range of welfare services for the benefit of children and their parents, the provision of universal and free education and the advanced health system.

17. The Committee is concerned that women working in the private sector are not systematically entitled to maternity leave, which could result in different treatment between children of State employees and those working in other sectors.

18. While noting the support services that are provided to homeless children, including housing, education and health services, the Committee remains concerned at the spread of homelessness amongst young people. The Committee is worried that this puts children at risk of involvement in prostitution, drug abuse, pornography, or other forms of delinquency and economic exploitation. The incidence of suicide among young people is an additional cause of concern to the Committee.

19. The Committee is concerned about the continued practice of female genital mutilation in some communities, and that there is no legislation prohibiting it in any of the states.

26. The Committee suggests that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment in private schools and at home. The Committee also suggests that awareness-raising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention. The Committee also believes that cases of abuse and ill-treatment of children, including sexual abuse within the family, should be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken. Further measures should be taken with a view to ensuring the physical and psychological recovery and social reintegration of the victims of abuse, neglect, ill-treatment, violence or exploitation, in accordance with Article 39 of the Convention.

31. The Committee encourages the State party to review its legislation and make paid maternity leave mandatory for employers in all sectors, in the light of the principle of the best interests of the child and Articles 18 (3) and 24 (2) of the Convention.

32. The Committee encourages the State party to take further steps to raise the standards of health and education of disadvantaged groups, particularly Aboriginals, Torres Strait Islanders, new immigrants, and children living in rural and remote areas. The Committee is also of the view that there is a need for measures to address the causes of the high rate of incarceration of Aboriginal and Torres Strait Islanders children. It further suggests that research be continued to identify the reasons behind this disproportionately high rate, including investigation into the possibility that attitudes of law enforcement officers towards these children because of their ethnic origin may be contributing factors.

34. The Committee recommends that specific laws be enacted to prohibit the practice of female genital mutilation and to ensure adequate implementation of the legislation. The Committee also recommends that further awareness-raising campaigns be conducted, in cooperation with the different communities, to sensitize them about the dangers and harm that result from this practice

AUSTRIA (1999)

Concluding Observations of the Committee on the Rights of the Child: Austria, 07/05/99, CRC/C/15/Add. 98.

15. Austrian law and regulations do not provide a legal minimum age for medical counselling and treatment without parental consent. The Committee is concerned that the requirement of a referral to the courts will dissuade children from seeking medical attention and be prejudicial to the best interests of the child. The Committee recommends that, in accordance with the provisions of Articles 3 and 12 of the Convention, an appropriate age and structures for medical counselling and treatment without parental consent be set by law.

16. The Committee is concerned about remaining instances of gender discrimination. The Committee recommends that the State party consider undertaking an in-depth study of the ages of sexual consent and sexual relations, taking into account present legislation, its implications and its impact on children in the light of the principles and provisions of the Convention, with a view to ensuring that the legislation is as conducive to the realization of the rights of girls as boys and having due regard to the best interests of the child.

17. The Committee regrets that forced sterilization of mentally disabled children is legal with parental consent. The Committee recommends that existing legislation be reviewed so as to make sterilization of mentally disabled children require the intervention of the courts, and that care and counselling services be provided to ensure that this intervention is in accordance with the provisions of the Convention, especially Article 3 on the best interests of the child and Article 12.

18. While noting that studies are under way concerning possible reforms to the criminal law, the Committee is concerned that existing legislation protects children from sexual exploitation through pornography or prostitution only up to the age of 14. The Committee recommends that the State party take all appropriate measures to ensure that the age of sexual consent does not conflict with the right of all children to be fully protected from exploitation. In this regard, the Committee also encourages continued consideration of the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children held in Stockholm in 1996.

21. Regional disparities, including differences between rural and urban areas, exist in the provision of rehabilitation services for abused children. The Committee recommends that the State party take all appropriate measures to implement fully the right of the child to physical and psychological recovery and social reintegration, in accordance with Article 39 of the Convention.

AZERBAIJAN (1997)

Concluding Observations of the Committee on the Rights of the Child: Azerbaijan, 17/06/97, CRC/C/15/Add. 77.

23. While welcoming the fact that the State party has recently released a study on children working and/or living on the street, the recent increase in the number of such children is a matter of concern. The Committee also expresses its serious concern at the increase in the number of child prostitutes, and that the State party does not have a clear strategy to combat the abuse and sexual exploitation of children.

24. The Committee is gravely concerned about the general health situation of children, in particular with regard to the rise in the infant, child and maternal mortality rates, the decline of breastfeeding, the increase in the number of unwanted pregnancies, nutrition and iodine deficiencies, substance abuse, and the negative impact of environmental pollution.

25. The Committee is concerned at the substantial number of refugees and internally displaced persons resulting from the armed conflict since 1990, especially children, many of whom have been living in tents for three years. These children do not always have equal access to basic services, especially health, education and social services.

33. In the light of Articles 2, 3 and 4 of the Convention, the Committee recommends that priority be given in budget allocations to the realization of the economic, social and cultural rights of children, with particular emphasis on health and education, and on the enjoyment of these rights by the most disadvantaged children. In this regard, the Committee suggests that the authorities responsible for overall planning and budgeting continue to be fully involved in all decision-making processes, so as to ensure that their decisions have a direct and positive impact on the budget.

45. In view of the critical situation in the field of health, the Committee recommends that the State party adopt a comprehensive national policy to promote and advance the health of children and mothers. The Committee suggests that particular attention be given to the impact of environmental pollution and that a study be undertaken on this subject. International cooperation in this field should be a priority.

BAHRAIN (2002)

Concluding Observations of the Committee on the Rights of the Child: Bahrain, 07/02/2002, CRC/C/15/Add. 175.

20. The Committee is concerned that there is no defined minimum age for marriage, and that there are inconsistencies in other areas of Bahraini law with respect to minimum ages.

21. The Committee recommends that the State party: (a) continue to review, and accordingly, take steps to amend its legislation so that the minimum-age requirements are gender neutral, are explicit and ensure that they are enforced by law; and in particular (b) establish a minimum age for marriage which is the same for males and females.

26. Noting the significant achievements in the status of women in Bahrain, the Committee is nevertheless concerned that discrimination, contrary to article 2 of the Convention, persists in the State party. In particular, the Committee is concerned about: discrimination against females and children born out of wedlock under existing personal status law (e. g. inheritance, custody and guardianship); and certain vocational courses at the secondary level are restricted by sex.

27. In accordance with article 2 of the Convention, the Committee recommends that the State party: (a) take effective measures, including enacting or rescinding legislation where necessary, to prevent and eliminate discrimination on grounds of sex and birth in all fields of civil, economic, political, social and cultural life; (b) take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family; and (c) train members of the legal profession, especially the judiciary, to be gender-sensitive. Religious leaders should be mobilised to support such efforts.

38. The Committee recommends that the State party: (a) ensure that the study is comprehensive, assesses the nature and extent of ill-treatment and abuse of children, as well as domestic violence, and that it is used to design policies and programmes to address this issue; (b) take legislative measures to prohibit all forms of violence, including corporal punishment and sexual abuse of children in the family, schools and in other institutions; (c) 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; (d) establish effective child-sensitive procedures and mechanisms to receive, monitor, and investigate complaints, including intervening where necessary; (e) investigate and prosecute instances of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and his/her privacy is protected; (f) provide care, recovery and reintegration for victims; (g) train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases; and (h) continue to seek assistance from, among others, UNICEF and WHO.

39. The Committee welcomes information that adolescent health education has been proposed to be included in the curricula. Nevertheless, it is concerned at insufficient information available in relation to adolescent health, such as access to reproductive health services, and mental health counselling services.

40. The Committee recommends that the State party: (a) formulate adolescent health policies and programmes, including education, with the full participation of adolescents; (b) ensure adolescents have access to child-sensitive and confidential counselling services; strengthen efforts in the area of adolescent health education within the educational system; and (c) seek assistance from, among others, UNICEF and WHO.

41. Noting the information provided that access to basic education is free and almost universal, the Committee is nevertheless concerned that education is still not compulsory, and pre-primary education is available only through private institutions.

42. The Committee recommends that the State party: (a) expedite the promulgation of the draft law on free and compulsory education; and (b) take steps to provide free pre-primary education.

43. The Committee welcomes the detailed information provided in the report on the aims of education. And noting the proposal adopted by the National Committee in this regard, the Committee is concerned that human rights education, including the Convention, is not currently part of the curricula.

44. The Committee recommends that the State party, taking into account the Committee's General Comment 1 on the aims of education: (a) include human rights education, including children's rights, in the curricula, particularly with respect to the development and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities; and (b) seek assistance from, among others, UNICEF and UNESCO.

BANGLADESH (2003)

Concluding observations of the Committee on the Rights of the Child: Bangladesh, 27/10/2003, CRC/C/15/Add. 221.

4. The Committee recognizes with appreciation that the State party has made clear and visible progress, in some fields to a remarkable extent, in the field of child nutrition, health, education and labour. It also notes that the State party strengthened its cooperation with non governmental organizations (NGOs).

5. The Committee welcomes the ratification by the State party of the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

8. The Committee regrets that some of the concerns it expressed and the recommendations it made (CRC/C/15/Add. 74) after its consideration of the State party's initial report (CRC/C/3/Add. 38) , particularly those contained in paragraphs 28-47, regarding the withdrawal of the reservations (para. 28) , violence against children (para. 39) , the review of legislation (para. 29) , data collection (para. 14) , birth registration (para. 37) , child labour (para. 44) and the juvenile justice system (para. 46) have been insufficiently addressed. Those concerns and recommendations are reiterated in the present document.

9. The Committee urges the State party to implement the previous recommendations that have not yet been implemented, as well as the recommendations contained in the present concluding observations.

12. The Committee notes with appreciation the legislative measures that have been undertaken by the State party in order to ensure the implementation of the Convention. Nevertheless, the Committee remains concerned that domestic legislation and customary law are not fully compatible with all the principles and provisions of the Convention and that laws implementing the Convention are frequently not applied, particularly in rural areas.

13. The Committee recommends that the State party take all effective measures to harmonize its domestic legislation fully with the provisions and principles of the Convention, in particular with regard to existing minimum ages of criminal responsibility and of marriage, child labour and harmful traditional practices affecting children.

22. The Committee welcomes the annual Multiple Indicator Cluster Survey that allows for the systematic collection of data on a sample of children to analyze their standard of living and to provide national estimates. However, the Committee is concerned at the lack of an adequate data collection mechanism within the State party to allow for the systematic and comprehensive collection of disaggregated quantitative and qualitative data with respect to all areas covered by the Convention and in relation to all groups of children.

23. The Committee recommends that the State party: (a) Further develop the Multiple Indicator Cluster Survey in order to gain a deeper insight into the situation of children and their families; (b) Strengthen its efforts to establish a comprehensive and permanent mechanism to collect data, disaggregated by sex, age, and rural and urban area, incorporating all the areas covered by the Convention and covering all children below the age of 18 years, with emphasis on those who are particularly vulnerable, such as minority and tribal children; (c) Develop indicators to effectively monitor and evaluate progress achieved in the implementation of the Convention and assess the impact of policies that affect children; (d) Continue and strengthen its collaboration, inter alia, with the United Nations Statistics Division and UNICEF.

26. The Committee is concerned about the various legal minimum ages, which are inconsistent, discriminatory and/or too low. The Committee is also deeply concerned at the fact that the Majority Act 1875, setting the age of majority at 18 years, has no effect "on the capacity of any person in relation to marriage, dowry, divorce and adoption or on the religion and religious customs of any citizen" (CRC/C/65/Add. 22, para. 45) . The Committee is particularly concerned at the very low age of criminal responsibility (7 years).

27. The Committee strongly recommends that the State party: (a) Raise the minimum age of criminal responsibility to an internationally acceptable level; (b) Fix a minimum age for admission to employment, in line with internationally accepted standards; (c) Ensure that domestic legislation on minimum ages is respected and implemented throughout the country.

28. The Committee welcomes the measures undertaken by the State party to enhance the situation of girls, especially in relation to education. It remains deeply concerned about persistent discriminatory attitudes towards girls, which are deeply rooted in traditional stereotypes and limit access to resources and services. The Committee is also concerned about discrimination against children with disabilities, street children, child victims of sexual abuse and exploitation, tribal children and other vulnerable groups.

29. The Committee recommends that the State party take adequate measures to ensure implementation of the principle of non-discrimination in full compliance with article 2 of the Convention, and strengthen its proactive and comprehensive efforts to eliminate discrimination on any grounds and against all vulnerable groups. The Committee also recommends that the State party undertake an education campaign for boys and men on gender issues and sex discrimination.

30. 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, and taking into account the Committee's general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).

35. The Committee notes that, in practice, children are given a voice in some legal proceedings, subject to the discretion of the judge. However, while the National Plan of Action 1997-2002 emphasizes children's participation, the Committee is concerned that traditional attitudes impede full respect for the views of the child, especially within families, educational institutions and the juvenile justice system.

36. The Committee recommends that the State party: (a) Promote and facilitate respect for the views of children and their participation in all matters affecting them in all spheres of society, particularly at the local levels and in traditional communities, in accordance with article 12 of the Convention; (b) Provide educational information to, inter alia, parents, teachers, government and local administrative officials, the judiciary, traditional and religious leaders and society at large on children's right to participate and to have their views taken into account; (c) Amend national legislation so that the principle of respect for the views of the child is recognized and respected, inter alia in custody disputes and other legal matters affecting children.

37. The Committee welcomes the efforts undertaken by the State party regarding the registration of births, but remains concerned at the lack of a functional birth registration system as well as the low public awareness of the obligation to register children after birth.

38. In light of article 7 of the Convention, the Committee urges the State party to continue and strengthen its efforts to ensure a coordinated system for registration of all children at birth, covering the whole of the country, including through awareness-raising campaigns, as well as to continue its cooperation in this regard with, inter alia, UNICEF and relevant international NGOs.

39. In light of article 7 of the Convention, the Committee is concerned at the apparent discrimination in respect of nationality, and that a child's name and nationality are derived solely from her/his father and not her/his mother.

40. The Committee recommends that the State party amend its legislation so that citizenship can be passed on to children from either their father or their mother. It also encourages the State party to introduce proactive measures to prevent statelessness.

41. While taking note of the efforts by the State party to raise public awareness of the ill treatment of children, the Committee is concerned at reports of ill-treatment and violence against children in State institutions such as orphanages and rehabilitation centres, including by law enforcement agents, as well as at the solitary confinement of juvenile and child prisoners. The Committee is also concerned at reports of violence against street children. Furthermore, the Committee expresses its deep concern at the reported inhuman and degrading punishment carried out by order of traditional village councils ("shalishes") as well as at the increasing incidents of acid attacks on women and girls.

42. The Committee strongly recommends that the State party: (a) Review its legislation (inter alia, Code of Criminal Procedure, 1898) with the aim of prohibiting the use of all forms of physical and mental violence, also within educational and other institutions; (b) Conduct a study to assess the nature and extent of torture, ill-treatment, neglect and abuse of children, to assess the inhuman and degrading treatment of children attributable to "shalishes", and effectively to implement policies and programmes as well as to amend and adopt laws to address these issues; (c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervening where necessary, and investigate and prosecute cases of torture, neglect and ill-treatment, ensuring that the abused child is not revictimized through legal proceedings and that his or her privacy is protected; (d) Undertake all necessary measures to prevent and punish police violence; (e) Take all necessary effective measures to ensure the implementation of the 2002 Acid Control Act and of the 2002 Acid Control Prevention Act; (f) Provide care, recovery, compensation and reintegration for victims; (g) Take into consideration the recommendations of the Committee adopted at its day of general discussion on the theme "Violence against children" (CRC/C/100, para. 688 and CRC/C/111, paras. 701-745) ; (h) Seek assistance from, inter alia, UNICEF and the World Health Organization (WHO) .

43. The Committee expresses its profound concern at the prevalence of corporal punishment in schools, as well as at the fact that corporal punishment is still legal and widely practised within the legal system, in educational and other institutions and in the family.

44. The Committee recommends that the State party, as a matter of urgency, review existing legislation and explicitly prohibit all forms of corporal punishment in the family, schools and institutions, as well as 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, particularly at the local level and in traditional communities.

49. The Committee is concerned at the high incidence of abuse, including sexual abuse, within the State party, and at the lack of effective measures to combat this phenomenon. The Committee is particularly concerned that existing legislation, notably the Suppression of Violence against Women and Children Act 2000, is rarely implemented and that the prosecution of abuse against women is rare even in very serious cases because of societal attitudes. The Committee is further concerned that the current legislation protects children from abuse only up to the age of 14 years. In addition, the Committee is concerned that child victims of abuse and/or exploitation are placed in "safe custody", which may result in depriving them of their liberty for as long as 10 years.

50. The Committee recommends that the State party: (a) Continue and strengthen its efforts to address the issue of child abuse, including through ensuring there is public awareness of the relevant legislation; (b) Assess the scope, nature and causes of child abuse, particularly sexual abuse, with a view to adopting a comprehensive strategy and effective measures and policies and to changing attitudes; (c) Provide adequate protection and assistance to child victims of abuse in their homes, whenever possible, and take appropriate measures to prevent the stigmatization of victims; (d) Ensure that all children below the age of 18 years are specifically protected under domestic legislation against abuse and exploitation; (e) Ensure that the placement of children victims of abuse and exploitation in institutions for reasons of protection and treatment is used only as a measure of last resort and for the shortest possible period of time; (f) Take into consideration the recommendations of the Committee adopted at its days of general discussion on the issue of "Violence against children" (CRC/C/100, para. 688 and CRC/C/111, paras. 701-745).

51. The Committee notes with appreciation the efforts undertaken and the achievements made by the State party to reduce infant and under-5 mortality rates, as well as the eradication of polio and the improved immunization coverage. Nevertheless, the Committee remains deeply concerned: (a) That infant and under-5 mortality rates remain high, and that stunting, wasting and severe malnutrition among both children and their mothers are extremely widespread; (b) At the unhygienic practices surrounding childbirth, which results in, among other things, tetanus, and at the lack of prenatal care; (c) At the low level of exclusive breastfeeding, which contributes to malnutrition; (d) At the low level of awareness among the population, particularly in rural areas, of the need to use hygienic, sanitary practices; (e) At the high rate of children dying as a result of accidents, such as drowning, and that little is done by the State party to prevent these deaths; (f) At the lack of infrastructure for access to health facilities, notably in rural areas.

52. The Committee recommends that the State party: (a) Ensure that appropriate resources are allocated for the health sector and develop and implement comprehensive policies and programmes for improving the health situation of children; (b) Facilitate greater access to free primary health services throughout the country as well as prevent and combat malnutrition, paying particular attention to pre and antenatal care for both children and their mothers; (c) Enhance its efforts to promote proper breastfeeding practices; (d) Enhance the efforts to educate the population in hygienic, sanitary behaviour, notably through awareness-raising campaigns and programmes; (e) Explore additional avenues for cooperation and assistance with the aim of improving child health with, inter alia, WHO and UNICEF.

55. The Committee is concerned at the situation of children with disabilities, and societal discrimination against these children, including their exclusion with the exception of the visually impaired, from the educational system.

56. The Committee recommends that the State party: (a) Undertake studies to determine the causes of, and ways to prevent, disabilities in children; (b) 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 issue of "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 to children with disabilities; (c) Undertake an awareness-raising campaign to sensitize the public to the rights and special needs of children with disabilities; (d) Take the necessary measures to provide children with disabilities with appropriate care and services, and ensure that they are registered at birth; (e) Seek technical assistance cooperation for the training of professional staff working with and for children with disabilities from WHO, among others.

57. The Committee is concerned at the lack of systematic data collection on the prevalence of HIV/AIDS, making it more difficult to address the issue and to provide victims with care and support. It also notes that national estimates of the prevalence of the pandemic are significantly lower than those presented by UNAIDS and WHO.

58. The Committee recommends that the State party: (a) Undertake a study to estimate the prevalence of HIV/AIDS within the country; (b) Undertake appropriate measures to prevent HIV/AIDS, taking into account the Committee's general comment No. 3 on HIV/AIDS and the rights of children; (c) Seek further technical assistance from, inter alia, UNICEF and UNAIDS.

59. The Committee is concerned that insufficient attention has been given to adolescent health issues, particularly reproductive health concerns, which is reflected in the large number of teenage and unwanted pregnancies.

60. The Committee recommends that the State party: (a) Undertake a comprehensive and multidisciplinary study to assess the scope and nature of adolescent health problems, including the negative impact of sexually transmitted infections, and continue to develop adequate policies and programmes; (b) Increase its efforts to promote adolescent health policies; (c) Strengthen the programme of health education in schools; (d) Undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health, and to develop youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child; (e) Seek technical cooperation from, among others, the United Nations Population Fund, UNICEF, and WHO.

61. The Committee is deeply concerned at the existence of harmful traditional practices, such as child marriages and dowry-related violence, which are widespread and pose very serious threats, in particular to the girl child.

62. The Committee recommends that the State party continue and intensify its efforts to eradicate harmful traditional practices, by strengthening awareness-raising programmes and enforcement of the law.

63. The Committee welcomes the progress made by the State party in the field of education, notably with regard to increases in primary and secondary enrolments, the reduction in gender disparities in enrolment and improvement in the literacy rates. The Committee also notes with great appreciation the abolition of tuition fees for primary schools and the establishment of a Tk 500 million stipend programme, of the "food for education" programme, and the pilot project on early childhood education. However, the Committee is concerned that challenges remain in the above-mentioned areas, that free compulsory education ends after grade 5, that the school dropout rate is high and that gender-based discrimination persists within schools. Other concerns include reports of abuse and sexual molestation, especially of girls, inaccessibility to schools, inadequate sanitation and the misuse of allocated resources.

64. The Committee notes with appreciation the efforts made by the State party to monitor the quality of education in the madrasas. However, it is concerned about the narrow content of the education provided within these schools.

65. The Committee recommends that the State party: (a) Take effective measures to raise the maximum age of compulsory education, and to increase enrolment rates through, inter alia, raising awareness of the importance of education and taking measures to improve the provision and quality of education; (b) Continue to address gender-based discrimination and other difficulties encountered by girls within the educational system and school environment; (c) Monitor and evaluate existing programmes on early childhood education and development, and extend services, especially parenting education and education for caregivers to all regions; (d) Provide appropriate sanitation facilities, especially for females, in all schools; (e) Provide appropriate training for teachers in order to create a more child friendly school environment; (f) Encourage the participation of children at all levels of school life; (g) Seek assistance from UNICEF, the United Nations Educational, Scientific and Cultural Organization and relevant NGOs.

66. The Committee also recommends that the State party continue and strengthen its efforts to streamline the education given in the madrasas to ensure more compatibility with formal public education.

67. The Committee is very concerned about the difficult conditions under which some refugee children, especially children belonging to the Rohingya population from Myanmar, are living, and that many of these children and their families do not have access to legal procedures that could grant them legal status. Furthermore, the Committee is concerned at the lack of a national refugee policy and that refugee children are not registered at birth.

68. The Committee recommends that the State party: (c) In collaboration with and with support from international agencies, undertake effective measures to improve the living conditions of refugee families and children, particularly with regard to educational and health-care services; (d) Provide unaccompanied refugee children with adequate care, education and protection; (e) Register all refugee children born in Bangladesh.

69. The Committee notes that, through education, stipend, recovery and social reintegration programmes, progress has been made in reducing the economic exploitation of children, although this has been confined mainly to the formal sector of the economy. However, the Committee remains deeply concerned: (c) That many child labourers, notably children working as domestic workers, are very vulnerable to abuse, including sexual abuse, completely lack protection and are deprived of the possibility to maintain contact with their families.

70. The Committee recommends that the State party: (a) Continue and strengthen its efforts to eradicate child labour, including in the informal sector, in particular by addressing its root causes through poverty reduction programmes and strengthening of the children's component in the new PRSP, and facilitation of access to education; (b) Ratify and implement ILO Convention No. 138 concerning the Minimum Age for Admission to Employment; (c) Increase the number of labour inspectors and develop a comprehensive child labour monitoring system in collaboration with NGOs, community-based organizations and ILO/IPEC; (d) Undertake a study of child labour in the agricultural and informal sectors with a view to developing policies and programmes to eradicate this phenomenon.

71. While welcoming the National Plan of Action against sexual abuse and exploitation, the Committee is deeply concerned at the prevalence of sexual exploitation of children and the social stigmatization of the victims of such exploitation, as well as at the lack of social and psychological recovery programmes and the very limited possibilities for victims to be reintegrated into society. The Committee is also concerned about the widespread practice of forcing children into prostitution.

72. The Committee recommends that the State party: (a) Fully and effectively implement the National Plan of Action against sexual abuse and exploitation, in order to ensure appropriate policies, laws and programmes for the prevention, protection, recovery and reintegration of child victims, in line 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; (b) Ensure that victims of sexual exploitation are never considered as offenders, but rather benefit from programmes for their recovery and reintegration; (c) Investigate, prosecute and sentence perpetrators of sexual offences against children; (d) Develop and monitor a code of conduct for law enforcement officials; (e) Seek assistance from, among others, UNICEF.

73. The Committee is deeply concerned at the high incidence of trafficking in children for purposes of prostitution, domestic service and to serve as camel jockeys and at the lack of long term, concentrated efforts on the part of the State party to combat this phenomenon.

74. The Committee recommends that the State party: (a) Undertake all necessary efforts to prevent and combat domestic and cross border child trafficking, including through international cooperation; (b) Take all necessary measures for the recovery and reintegration of children victims of trafficking; (c) Investigate, prosecute and sentence perpetrators of trafficking, including through international cooperation; (d) Seek assistance from, among others, UNICEF and the International Organization for Migration.

75. The Committee notes the efforts undertaken by the State party to provide children living or working on the streets with access to health services and education. However, the Committee is concerned at the large population of children living or working on the streets and at the extremely difficult conditions under which this very marginalized group is living, and at the lack of sustained efforts to address this phenomenon. The Committee is further concerned at the incidence of violence, including sexual abuse and physical brutality, directed at these children by police officers.

76. The Committee recommends that the State party: (a) Ensure that children living or working on the streets 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 these children are provided with recovery and reintegration services for physical, sexual and substance abuse; protection from police brutality; and services for reconciliation with families; (c) Undertake a study on the causes and scope of this phenomenon and establish a comprehensive strategy to address the high and increasing numbers of children living or working on the streets with the aim of preventing and reducing this phenomenon.

79. The Committee is deeply concerned about the poor situation of children of the Chittagong Hill Tracts, and other religious, national and ethnic minorities, tribal groups or similar marginalized groups and the lack of respect for their rights, including the rights to food, to health care, to education and to survival and development, to enjoy their own culture and to be protected from discrimination.

80. The Committee urges the State party to gather additional information on all minorities or similar marginalized groups of the population, and to elaborate policies and programmes to ensure the implementation of their rights without discrimination, taking into account the Committee's recommendations adopted at its day of general discussion on the theme "The rights of indigenous children".

(1997)

Concluding Observations of the Committee on the Rights of the Child: Bangladesh, 18/06/97, CRC/C/15/Add. 74.

15. With regard to the implementation of Article 2 of the Convention, the Committee expresses its concern at the persistence of discriminatory attitudes and harmful practices affecting girls, as illustrated by serious disparities, sometimes starting at birth and affecting the enjoyment of the rights to survival, health, nutrition and education. The Committee also notes the persistence of harmful practices such as dowry and early marriage. Discriminatory attitudes towards children born out of wedlock, children who are living and/or working on the street, child victims of sexual exploitation, children with disabilities, refugee children and children belonging to tribal minorities are also a matter of concern.

20. The Committee is concerned at the high maternal mortality rates, lack of access to prenatal care and, more generally, limited access to public health-care facilities. The lack of a national policy to ensure the rights of children with disabilities is also noted. The Committee is also concerned at the absence of programmes addressing the mental health of children and their families.

41. Further steps should be taken in the area of health and welfare services. In particular, concerted efforts are needed to combat malnutrition and ensure the implementation of a National Nutritional Policy for children.

47. The Committee encourages the State party to take all appropriate measures to prevent and combat sexual abuse and sexual exploitation of children and to ensure their physical and psychological recovery and social reintegration, in light of Article 39 of the Convention. Bilateral and regional cooperation should be reinforced to prevent and combat the serious problem of trafficking of children.

BARBADOS (1999)

Concluding Observations of the Committee on the Rights of the Child: Barbados, 24/08/99, CRC/C/15/Add. 103.

20. The Committee shares the concern of the State party over the challenges faced by children as a result of changes in social and family structures which lead to high numbers of single-parent households and reduced support from extended families. The existing social security structures would make it difficult for the State party to ensure that both parents contribute to the maintenance of the child. The Committee notes that public assistance is available to assist children in these circumstances, but it remains concerned about the difficulty involved in ensuring respect for the provisions of article 18, paragraphs 1 and 2, and article 27, paragraph 4, of the Convention. The Committee recommends that continuing attention be given to the risks of early parenthood, single parenthood, to the promotion of higher levels of involvement of fathers in the upbringing and development of the child, and to the need to provide necessary support to children in these cases.

21. The Committee notes with appreciation recent efforts to improve arrangements for foster care, e. g. the doubling of the foster care allowance. It notes that the regular monitoring focuses more on the quality of placement of children in foster care than on the need to review the placement decision as such, in accordance with article 25 of the Convention. The Committee is concerned that the efforts to provide permanence and stability for children in care may on occasion lead to a premature decision that family reunification is not possible anymore. The Committee encourages the State party to continue its efforts to strengthen the foster care system, in those instances where efforts to provide support to families prove insufficient. It also recommends that further research be conducted into the functioning of the existing system, taking full account of the provisions of articles 20 and 25 of the Convention.

22. The Committee is seriously concerned about the high proportion of children who appear to be victims of physical abuse, in most instances accompanied by psychological and emotional abuse. The Committee is highly concerned about the subjective element involved in legislation that permits a "reasonable degree" of physical chastisement as a disciplinary method. The Committee is concerned that the tolerance of corporal punishment in schools will make it extremely difficult to educate parents about alternative forms of discipline, and wishes to point out that there is usually a connection between the social and legal acceptability of corporal punishment and the high level of child abuse which is a matter of serious concern. The Committee encourages the State party to review its policies and legislation in order to eliminate corporal punishment as a method of discipline, and to implement fully the provisions of articles 19 and 39 of the Convention; it recommends that the State party increase its efforts to educate the public about the negative impact of corporal punishment on the development of the child and on the effort to prevent child abuse; finally, the Committee encourages the State party to seek international assistance and advice on successful examples of how to overcome traditional social attitudes regarding corporal punishment.

23. The Committee notes the commitment of the State party to the introduction of mandatory reporting for suspected cases of child abuse. While acknowledging the progress made, the Committee remains concerned that existing legislation is still not sufficient to provide strong protection against child abuse, including sexual abuse. The Sexual Offences Act, 1992, provides very harsh sentences for only one specific form of sexual abuse of children under 14. At the same time, other information seems to indicate that there are considerable difficulties in applying this legislation, in particular when a parent is reluctant to testify or allow the abused child to testify. In addition, the Committee is concerned that the Domestic Violence (Protection Orders) Act, 1992, although showing progress in removing police discretion in the referral to court of cases of domestic violence, still fails to ensure a sufficient level of protection for children in cases of domestic violence. The Committee is convinced that the need to ensure full protection from all forms of abuse in accordance with article 19 of the Convention requires legislative measures guaranteeing that child maltreatment will not be tolerated. The Committee recommends that the State party reassess the impact of current measures and policies. It urges the State party to develop and implement systematically projects and programmes to address the need for: prevention of child abuse; protection from abuse, including procedures to protect children from possible further victimization by the legal system; and provision of rehabilitation services in accordance with article 39 of the Convention; and to this effect, to carry out awareness-raising campaigns and a careful review of existing legislation.

24. The Committee notes the commitment of the State party to increase available services to children with disabilities, and welcomes the efforts to identify all cases of children with disabilities. Nevertheless, the Committee remains concerned that the focus is on the provision of separate services rather than inclusion. The Committee recommends that the State party implement its policies, together with a plan of action in regard to children with disabilities.

25. The Committee welcomes State party efforts to reduce the rates of adolescent pregnancy. It welcomes the efforts to raise awareness about reproductive health and rights through initiatives such as the Family Life Development Programme. Despite these efforts, the Committee remains concerned about the high levels of adolescent pregnancy and abortion, about the rising incidence of HIV and AIDS prevalence, and about the effect it has on children infected or affected (in particular those orphaned) by the epidemic. The Committee recommends that the State party give careful attention to the recommendations formulated by the Committee during its general discussion on the rights of children living in a world with HIV/AIDS, held during its nineteenth session (see CRC/C/80, para. 243) . It recommends that the State party increase its efforts to provide appropriate adolescent health services, consider the possibility of actively involving adolescents in the formulation of policies and treatment programmes in accordance with their evolving capacity, and make it possible for adolescents to have access to medical advice and treatment without parental consent in accordance with their age and maturity.

26. In spite of efforts to increase attention to early childhood education, the Committee remains concerned that the number of child care centres is not enough to serve all children concerned. The Committee takes note of recent efforts to provide child care within existing schools with the assistance of trained volunteer parents and of the difficulties encountered in persuading private employers to provide child care at the workplace. While noting the success in transforming Queen Elizabeth Hospital into a baby-friendly institution, the Committee is also concerned about the lack of data on breast-feeding practices. The Committee encourages the State party to continue its efforts to provide sufficient numbers of child care services, and to consider the possibility of setting up child care facilities at the workplace for public employees, thus facilitating breast-feeding practices.

BELARUS
(2002)

Concluding observations of the Committee on the Rights of the Child: Belarus, 13/06/2002, CRC/C/15/Add.180.

The Committee is concerned that the principles of non-discrimination, best interests of the child (art. 3) , right to life, survival and development of the child (art. 6) and respect for the views of the child (art. 12) are not fully reflected in the State party's legislation and administrative and judicial decisions, as well as in policies and programmes relevant to children at both national and local levels.

The Committee reiterates its previous recommendation (ibid. , para. 11) that the State party: (a) Appropriately integrate general principles of the Convention, namely articles2, 3, 6 and 12, in all relevant legislation concerning children; (b) Apply them in all political, judicial and administrative decisions, as well as in projects, programmes and services which have an impact on all children; and (c) Apply these principles in planning and policy-making at every level, as well as in actions taken by social and health welfare and educational institutions, courts of law and administrative authorities.

The Committee is concerned that the principle of non-discrimination is not fully implemented for children of economically disadvantaged households, children living in rural areas, children in institutions, children with disabilities, Roma children and children affected by Chernobyl, especially with regard to their access to adequate health care and educational facilities.

The Committee recommends that the State party: (a) Monitor the situation of children, in particular those belonging to the above mentioned vulnerable groups, who are exposed to discrimination; and (b) Develop, on the basis of the results of this monitoring, comprehensive strategies containing specific and well-targeted actions aimed at eliminating all forms of discrimination.

The Committee notes with deep concern the spreading phenomenon of family disintegration in Belarus, including the high rate of divorce, the growing number of single parent families and cases of parental neglect. While noting that the State party is taking some measures to strengthen families such as the Law on Allowances to Families with Children of 1 April 2002, it expresses its concern that there is no coordination between public agencies dealing with family oriented policies, including the implementation of a poverty reduction strategy, very little preventive action, and that professional social workers are not trained enough to deal with dysfunctional families.

In light of article 18 of the Convention, the Committee recommends that the State party: (a) Continue to develop measures for the prevention of family disintegration and the strengthening of family development; (b) Improve social assistance and support to families to help them with their child-rearing responsibilities, including through parental education, counselling and community-based programmes; (c) Provide adequate training to social workers; (d) Seek international assistance from, among others, UNICEF.

The Committee expresses its concern about the insufficient information and awareness of the ill-treatment and abuse of children in the home, in schools and in other institutions.

In light of article 19 of the Convention and in line with its previous recommendation (ibid. , para. 40) , the Committee recommends that the State party: (a) Undertake studies on domestic violence, violence against children, ill treatment and abuse, including sexual abuse, and implement the statistical system created to keep a record of incidents of physical and mental violence and neglect against children, in order to assess the extent, scope and nature of these practices; (b) Adopt and implement effectively adequate measures and policies to prevent and combat ill-treatment and abuse of children, including public campaigns, and to contribute to changing attitudes; (c) Investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy; (d) Prohibit all forms of corporal punishment at home, in schools and other institutions and develop measures to raise awareness on the harmful effects of corporal punishment, and promote alternative forms of discipline in families to be administered in a manner consistent with the child's dignity and in conformity with the Convention; (e) Take measures to provide support services to children in legal proceedings and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention; (f) Take into account the Committee's recommendations, adopted at its days of general discussion on "Violence against children within the family and in schools" (see CRC/C/111) and on "State violence against children" (see CRC/C/100); and alcohol and tobacco, the high number of teenage abortions and the growing number of cases of HIV/AIDS among the youth.

The Committee recommends that the State party: (a) Implement in an effective way the comprehensive nationwide programme "Medical and recuperative activities targeted at adolescents" for the period 1999-2003 and the National Strategic Plan for HIV Prevention for 2001-2003, and increase its efforts to promote adolescent health, including mental health, policies. Particular attention should be given to reproductive health and substance abuse, and the programme of health education in schools should be further strengthened; (b) Undertake a comprehensive and multidisciplinary study to assess the scope and nature of adolescent health problems, including the negative impact of sexually transmitted diseases and HIV/AIDS, and continue to develop adequate policies and programmes; (c) Undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health, and to develop youth-sensitive and confidential counselling, care and rehabilitation facilities that are accessible without parental consent when this is in the best interests of the child; and (d) Seek technical cooperation from, among others, UNFPA, UNICEF, WHO and UNAIDS.

The Committee, while acknowledging the State party's efforts to include human rights in school curricula, notes with concern that the availability of education in the Belarusian language is becoming increasingly limited, from early childhood to secondary education. Further, it notes that the number of children in secondary education is decreasing and that education standards, particularly in the secondary system, vary greatly to the disadvantage of lower-income neighbourhoods and rural areas.

In light of articles 28 and 29 of the Convention, the State party should: (a) Ensure the availability of education in the Belarusian language and the accessibility for Roma children and those belonging to other minorities to good quality education; (b) Improve the quality of education in the whole country in order to achieve the goals mentioned in article 29, paragraph 1, in line with the Committee's general comment No. 1 on the aims of education.

The Committee is concerned about the information that Belarus is a country of origin and transit for the trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee notes that there is a lack of information and knowledge about this phenomenon and about problems such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, often related to trafficking.

In light of articles 32 to 36 of the Convention, the Committee recommends that the State party: (a) Undertake a study on the issue of trafficking and trafficking-related problems, such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, in order to assess their scope and causes, and develop and implement effective monitoring and other measures to prevent them; (b) Combat and eliminate child trafficking, sexual exploitation, drug abuse and trade and economic exploitation, including by developing social integration programmes; and (c) Develop and adopt a national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.

(1994)

Concluding Observations of the Committee on the Rights of the Child: Belarus, 07/02/94, CRC/C/15/Add. 17.

14. The Committee would like to see a stronger emphasis placed on primary health care activities which would include the development of educational programmes to cover such matters as family education, family planning, sex education and the benefits of breast feeding. Equally, the Committee encourages the training of community health care workers to develop awareness of these subjects among the general public, including children. In addition, the Committee recommends that programmes of rehabilitation and reintegration for emotionally disturbed or traumatized children be developed.

BELGIUM (2002)

Concluding observations of the Committee on the Rights of the Child: Belgium, 13/06/2002, CRC/C/15/Add. 178.

18. The Committee welcomes the Decree of March 2000 expanding the mandate of the Centre for Equal Opportunities and Opposition to Racism to include all forms of discrimination, including grounds of gender, sexual orientation, birth, civil status, ill health, age and disability. The Committee is concerned at racist incidents against minorities; the disparities in the enjoyment of economic and social rights, particularly health and education, experienced by poor children, non-Belgian children, including unaccompanied minors, and disabled children.

19. In accordance with article 2 of the Convention, 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 (March 2002) ; (b) Take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination; (c) Continue to prioritize and target resources and social services to children belonging to the most vulnerable groups; (d) Review existing policies and practice in relation to children with disabilities, including draft legislation, with due regard to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and to the Committee's recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69) .

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

23. The Committee notes with satisfaction the numerous initiatives taken in the area of child abuse, including sexual abuse, such as the Law on the Criminal Protection of Minors (of 28 November 2000) , amendments to the Criminal Code and the adoption of article 22 bis of the Constitution concerning the protection of the child's moral, physical and sexual integrity. But it remains concerned that corporal punishment is not expressly prohibited by law.

24. The Committee recommends that the State party: (a) Take legislative measures to prohibit corporal punishment of children in the family, in schools and in institutions; (b) Continue to carry out public education campaigns about the negative consequences of corporal punishment and promote positive, non-violent forms of discipline; (c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, and to intervene where necessary; (d) Prosecute in cases of ill-treatment, ensuring that the abused child is not victimized in legal proceedings and his/her privacy is protected; (e) Provide for the care, recovery and reintegration for victims; (f) Strengthen the reporting system, through full support of the confidential centres for abused children, and train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment.

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

26. The Committee recommends that the State party, 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 respect to the development and respect of human rights, tolerance and equality of the sexes and religious and ethnic minorities.

27. The Committee welcomes the creation of a special bureau for unaccompanied minors in the Aliens Office for handling their requests to stay. It also notes a number of other activities, among others: concerning the establishment of special reception centres for unaccompanied minors; a draft law on the creation of a guardianship service, access to education and missing persons, which contains provisions on unaccompanied minors. But there are not yet, as the Government acknowledges, specific regulations for unaccompanied minors, whether seeking asylum or not.

28. In accordance with the principles and provisions of the Convention, especially articles 2, 3 and 22, and with respect to unaccompanied persons under 18 years of age, the Committee recommends that the State party: (a) Expedite efforts to establish special reception centres for unaccompanied minors, with special attention to those who are victims of trafficking and/or sexual exploitation; (b) Ensure that the stay in those centres is for the shortest time possible and that access to education and health is guaranteed during and after the stay in the reception centres; (c) Approve as soon as possible the draft law on the creation of a guardianship service, in order to ensure the appointment of a guardian for an unaccompanied minor from the beginning of the asylum process and thereafter as long as necessary, and make sure that this service is fully independent, allowing it to take any action it considers to be in the best interests of this minor; (d) Ensure unaccompanied minors are informed of their rights and have access to legal representation in the asylum process; (e) Improve cooperation and exchange of information among all the actors involved, including the Aliens Office and other relevant authorities, police services, tribunals, reception centres and NGOs; (f) Ensure that, if family reunification is carried out, it is done in the best interests of the child; (g) Expand and improve follow-up of returned unaccompanied minors.

29. The Committee reiterates its satisfaction with the numerous measures taken by the State party to combat the sexual exploitation and trafficking of children. It is nevertheless concerned that trafficking for the purposes of sexual or other exploitation is still a problem.

30. The Committee recommends that the State party: (a) Fully implement the recommendations of the national commission of experts; (b) Continue to implement policies and programmes 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; (c) Continue to recruit female police officers to improve communication and contacts with foreign girls and women working in prostitution; (d) Ensure that adequate resources (human and financial) are allocated to policies and programmes in this area; (e) Continue to undertake awareness-raising campaigns in countries of origin; (f) Expand cooperation with countries of origin and transit; (g) Continue to cooperate with the International Organization for Migration.

33. The Committee encourages the State party to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

BELIZE (1999)

Concluding Observations of the Committee on the Rights of the Child: Belize, 10/05/99, CRC/C/15/Add. 99.

24. The Committee notes with concern the health situation of children in the State party and is particularly concerned at the high child and infant mortality rates, poor breastfeeding practices, the high rate of malnutrition, the increasing incidence of stunting and limited access to safe drinking water, especially in rural communities. The Committee encourages the State party to develop comprehensive policies and programmes to reduce the incidence of child and infant mortality, to promote and improve breastfeeding practices, to prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and to consider requesting technical assistance for the Integrated Management of Childhood Illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.

25. The Committee expresses its concern regarding the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including accidents, suicide, violence and abortion. The Committee is particularly concerned at the high and increasing incidence of teenage pregnancy, HIV/AIDS and sexually transmitted diseases (STDs) . The Committee recommends that the State party increase its efforts in promoting adolescent health policies and strengthening reproductive health education and counselling services. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth-friendly care and rehabilitation facilities for adolescents.

BENIN (1999)

Concluding Observations of the Committee on the Rights of the Child: Benin, 12/08/99, CRC/C/15/Add. 106.

14. While the Committee notes the draft Personal and Family Code, it is still concerned that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles, as reflected in its articles 2 (non-discrimination) , 3 (best interests of the child) , 6 (right to life, survival and development) and 12 (respect for the views of the child) , in its legislation, its administrative and judicial decisions, as well as in its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the general principles of the Convention not only guide policy discussion and decision-making, but are also appropriately integrated in all legal revisions as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.

15. While the Committee notes that the principle of non-discrimination (article 2) is reflected in the Constitution as well as in other domestic legislation, it is still concerned that measures adopted to ensure that all children are guaranteed access to education and health services and are protected against all forms of exploitation are insufficient. Of particular concern are certain vulnerable groups of children, including children with disabilities, particularly mental disabilities; Vidomegon children; girls; children living in remote rural areas; children living in extreme poverty; children living and/or working on the street; refugee and asylum seeking children; children in the juvenile justice system; children born out of wedlock; children of incestuous relations; and institutionalized children. The Committee recommends the State party to increase its efforts to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it relates to the vulnerable groups.

16. While the Committee notes the efforts of the State party, it remains concerned that infanticide continues to be practised, particularly in rural communities and against infants with disabilities. The Committee recommends that the State party seek to fully implement article 6 of the Convention and take measures, including those of a legal nature, to prevent and discourage infanticide and protect infants and guarantee their right to life, survival and development. In this regard, the Committee further recommends the introduction of education and awareness raising programmes to change societal attitudes.

17. The Committee is concerned that traditional practices and attitudes still limit the full implementation of article 12 of the Convention. The Committee recommends that the State party seek to develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within schools, families, and the care and judicial systems.

23. The lack of appropriate measures and mechanisms to prevent and combat ill-treatment, neglect and abuse of children, including sexual abuse; the lack of appropriate resources (both financial and human) ; the lack of adequately trained personnel to prevent and combat abuse; as well as the lack of awareness and information, including statistical data on these phenomena are also matters of concern. In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse to understand the scope and nature of these practices, in order to adopt adequate measures and policies and contribute to changing attitudes. It also recommends that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child-friendly judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure 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. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF.

24. While noting the State party's recent initiative to increase its budgetary allocation for the expansion of its vaccination programme, the Committee remains concerned that the overall allocation to health has systematically decreased within recent years. The Committee notes with concern the health situation of children within the State party and in particular the limited access to basic health care for children, high maternal, child and infant mortality rates, relatively short period of breast-feeding, weaning practices, high rate of malnutrition, poor sanitation and limited access to safe drinking water, especially in rural communities. The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children; facilitate greater access to primary health services; reduce the incidence of maternal, child and infant mortality; improve breast feeding practices; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and increase access to safe drinking water and sanitation. Additionally, the Committee encourages the State party to consider technical assistance for the Integrated Management of Childhood Illnesses and other measures for child health improvement from, inter alia, UNICEF and the World Health Organization.

25. The Committee expresses its concern regarding the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including accidents, suicide, violence and abortion. The Committee is particularly concerned with the high and increasing incidence of teenage pregnancy and HIV/AIDS and STDs. The Committee notes with concern that the 1920 law continues to prohibit the use of contraceptives, including for health purposes, and to impede the full implementation of family planning programme, including the safe motherhood initiative. The Committee recommends that the State party increase its efforts in promoting adolescent health policies, particularly with respect to accidents, suicide and violence, and in strengthening reproductive health education and counseling services. In this regard, the Committee also recommends the inclusion of men in all training programmes on reproductive health. The Committee further suggests that a comprehensive and multi-disciplinary study be undertaken to understand the scope of adolescent health problems, including the negative impact of early pregnancy as well as the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth-friendly counseling, care and rehabilitation facilities for adolescents that would be accessible, without parental consent, where in the best interests of the child. The Committee recommends that the State party repeal the 1920 law concerning family planning and the use of contraceptives.

26. The Committee notes with concern the limited efforts of the State party to introduce adequate measures to eradicate the practice of female genital mutilation (FGM) and other harmful traditional practices affecting the health of girls, including early and forced marriages. The Committee recommends that the State party strengthen its efforts to combat and eradicate the persistent practice of FGM and other traditional practices harmful to the health of girls. In this regard, the Committee further urges the State party to carry out sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices.

27. The Committee expresses its concern at the absence of legal protection and the lack of adequate programmes, facilities and services for children with disabilities, particularly mental disabilities. 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 General Day of Discussion on "The Rights of Children with Disabilities (CRC/C/69) , it is recommended that the State party develop early identification programmes to prevent disabilities, increase its efforts to implement alternatives to the institutionalization of children with disabilities, establish special education programmes for children with disabilities and further encourage their inclusion in society. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities. International cooperation from, inter alia, UNICEF and the World Health Organization can be sought to this effect.

BHUTAN (2001)

Concluding Observations of the Committee on the Rights of the Child: Bhutan, 09/07/2001, CRC/C/15/Add. 157.

26. The Committee notes that the 1996 amendment to the Marriage Act of 1980 raised the age of marriage of girls to 18. It further notes information from the delegation that courts generally interpret the law to include persons under 18 as children for all purposes.

27. The Committee recommends that the State party review its legislation with a view to ensuring that the definition of the child and minimum age requirements conform to the principles and provisions of the Convention, are gender neutral, are explicit and are enforced by law.

28. The Committee is concerned at the disparities in the enjoyment of rights experienced by children belonging to the most vulnerable groups (e. g. children living in remote areas, belonging to other ethnic groups, with disabilities from economically disadvantaged households, etc. ) .

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

30. The Committee is concerned about the impact on children of reports of discrimination against individuals belonging to the Lhotshampas. In particular, it is concerned about reports: that these children face de facto discrimination in access to education and other services and on the basis of status, activities, or opinions of their parents, or relatives.

31. The Committee recommends that the State party: (a) Take effective measures, including enacting or rescinding legislation where necessary, to prevent and eliminate discrimination, in accordance with article 2 of the Convention, in all fields of civil, economic, political, social and cultural life; (b) Establish accessible, prompt and effective mechanisms to monitor, receive and address complaints of discrimination (e. g. prompt appeal in circumstances of denial of school enrolment) ; and (c) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes towards different ethnic groups.

34. Noting the difficulties imposed by terrain and settlement patterns, the Committee is concerned that the failure of timely birth registration can have negative consequences on the full enjoyment by children of their fundamental rights and freedoms.

35. The Committee recommends that the State party: (a) Make greater efforts to ensure the timely registration of all births, and issue birth certificates; (b) Carry out awareness-raising about registration in rural areas; and (c) Consider the establishment of mobile registration offices and registration units in schools.

40. Noting the respect for children in Bhutan, the Committee is concerned that there is insufficient information and awareness of the ill-treatment of children in schools and within the family.

41. The Committee recommends that the State party: (a) Conduct a study to assess the nature and extent of ill-treatment of children, and design policies and programmes to address it; (b) Take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools, and in institutions; (c) 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; (d) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary; (e) Prosecute instances of ill-treatment, ensuring that the abused child is not victimized in legal proceedings; (f) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases; and (g) Seek assistance from, among others, UNICEF and WHO.

42. The Committee notes significant achievements in the health sector: improvements in health indicators; increased investment; the inclusion of health education in the school curricula; and the establishment of basic health units, outreach clinics and health volunteer programmes. However, it is concerned about problems of access to services and the shortage of trained health workers.

43. The Committee recommends that the State party: (a) Make greater efforts to ensure access to health services; and (b) Continue to allocate the required resources to address the shortage of trained health workers.

44. Noting the State party's efforts to address adolescent health, such as the publication of pamphlets on reproductive and mental health, and drug abuse, the Committee is concerned at the effectiveness of these efforts.

45. The Committee recommends that the State party: (a) Ensure that adolescents have access to and are provided with education on reproductive health and other adolescent health issues, as well as with child-sensitive and confidential counselling services; (b) Strengthen its efforts to provide adolescent health education within the educational system; and (c) Seek assistance from, among others, UNICEF and WHO.

48. Noting significant achievements in education indicators, the Committee is concerned that primary education is not compulsory; that there is still a significant gender gap in enrolment; and that there are deficiencies in access to education and the quality of teacher training.

49. The Committee recommends that the State party: (a) Ensure that primary education is free and made compulsory; (b) Make greater efforts to close the gender gap; and (c) Allocate the required resources to address access to education and the quality of teacher training.

50. Noting with appreciation that the aims of education are generally in conformity with article 29 of the Convention, the Committee is concerned that human rights education, including the Convention, is not included in the school curricula.

51. Taking due regard of its General Comment No. 1 on the aims of education, the Committee recommends that the State party: (a) Include human rights education in the curricula, particularly with respect to the development and respect for human rights, tolerance, and equality of the sexes and of religious and ethnic minorities; and (b) Seek assistance from UNICEF and UNESCO.

60. Noting the 1993 Rape Act and the draft Immoral Trafficking Act, the Committee is concerned at the insufficient data on and awareness of the phenomenon of sexual exploitation of children in Bhutan.

61. The Committee recommends that the State party: (a) Undertake a national study on the nature and extent of sexual exploitation of children (i. e. sale of children, child prostitution and child pornography) , and compile and keep up to date disaggregated data to serve as a basis for designing measures and evaluating progress in this area; (b) Review its legislation and ensure that it criminalizes the sexual exploitation of children, is gender neutral and penalizes all offenders involved, whether local or foreign, while ensuring that the child victims are not penalized; (c) Ensure that legal procedures are simplified so that responses are appropriate, timely, and sensitive to victims; (d) Establish rehabilitation and social reintegration programmes for child victims; (e) Train personnel working with child victims; and (f) 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.

BOLIVIA (1998)

Concluding Observations of the Committee on the Rights of the Child: Bolivia, 26/10/98, CRC/C/15/Add. 95.

6. The Committee notes with appreciation the adoption of the National Mother and Child Insurance Scheme (1996) , under which public hospitals and health centres provide free care for all mothers, during pregnancy, childbirth and the post-natal period, and for all children up to five years of age.

24. While the Committee notes with appreciation the efforts undertaken by the State party in the area of basic health, it is still concerned about the persistence of a high infant mortality rate and limited access of children to basic health services. Furthermore, the persistence of common childhood diseases (for example, gastro-intestinal and respiratory illnesses) , increased malnutrition in children under five years of age and growing adolescent health-related problems, such as teenage pregnancy, smoking and alcohol consumption are also issues of concern. The Committee recommends that the State party take all appropriate measures, including seeking international cooperation, to ensure access to basic health care and services for all children and that adolescent health policy and programmes are developed, including prevention, care and rehabilitation measures. More concerted efforts need to be taken to combat malnutrition and ensure the adoption and implementation of a national nutritional policy for children.

BOTSWANA (2004)

Concluding observations of the Committee on the Rights of the Child: Botswana, 01/10/2004, CRC/C/15/Add.242.

4. The Committee takes note with appreciation the establishment of the National AIDS Council, chaired by the President, and of the recently revised National Policy on HIV/AIDS.

7. The Committee notes that the large-scale HIV/AIDS epidemic has had a serious negative impact on the overall development of the State party and in particular on the implementation of children's rights.

18. The Committee, while appreciating the commitment of the State party in providing resources for social expenditure, remains concerned that budgetary allocations are insufficient to respond to national and local priorities for the promotion and protection of children's rights.

19. The Committee recommends that the State party allocate more resources for the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, in particular those belonging to economically disadvantaged groups, including children and families infected and affected by HIV/AIDS "to the maximum extent of … available resources and, where needed, within the framework of international cooperation".

20. In this regard, the Committee also recommends that the State party ensure that regional and other free trade agreements do not have a negative impact on the implementation of children's rights and, more specifically, that these will not affect the possibility of providing children and other victims of HIV/AIDS with effective medicines for free or at the lowest price possible.

27. The Committee is concerned that, as noted by the State party, the Constitution is inconsistent with the non-discrimination provision of the Convention. The Committee is also concerned that societal discrimination persists against vulnerable groups of children, including children with disabilities, street and rural children, children born out of wedlock, orphans and fostered children and children affected or infected by HIV/AIDS. The Committee is deeply concerned at the situation of girls, in particular adolescent girls who, as acknowledged by the State party, suffer marginalization and gender stereotyping, compromising their educational opportunities and are more vulnerable to sexual violence, abuse and HIV/AIDS.

28. The Committee recommends that the State party: (a) Amend the existing legislation and adopt new laws to ensure that all children within its territory enjoy all rights set out in the Convention without discrimination, in accordance with article 2; (b) Prioritize and target social services for children belonging to the most vulnerable groups; (c) Pay special attention to the situation of girls through education campaign, participation, support and protection of girls; (d) Include specific information in the next periodic report on the measures, legislative and otherwise, undertaken by the State party to combat discrimination on any grounds and against all vulnerable groups.

44. While taking note that the Women's Affairs Department commissioned a study in 1998 on the socio-economic implications of violence against women, the Committee remains concerned at the increasing level of domestic violence, at both physical and sexual abuse of children and at the lack of a comprehensive legal and policy framework.

45. In the light of articles 19 and 39 of the Convention, the Committee recommends that the State party: (a) Adopt legal measures and comprehensive and responsive policies which will help to change attitudes and improve the prevention and treatment of cases of violence against children; (b) Introduce an effective system for reporting cases of abuse, including sexual abuse, of children; (c) Properly investigate cases of violence against children through a child sensitive judicial procedure and impose sanctions on perpetrators, with due regard to the right to privacy of the child; (d) Take measures to ensure the care and rehabilitation of victims as well as perpetrators; (e) Take measures to prevent the criminalization and stigmatization of child victims of abuse; and (f) Seek technical assistance from, among others, UNICEF and the World Health Organization (WHO).

46. While welcoming the formulation of a national policy on the care of people with disabilities, the Committee is concerned that children with disabilities are still discriminated against and often considered "an embarrassment" by their parents, are not adequately integrated in the society or in the mainstream school system and do not have adequate access to social services, including health care, especially those living in remote areas.

47. In the light of the Standards 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 the children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party continue to strengthen its efforts to combat discriminatory attitudes towards children with disabilities, particularly amongst children and parents, and promote their participation in all aspects of social and cultural life. The State party should also ensure that all children with disabilities have access to health care facilities and education and, wherever possible, they are integrated into the mainstream education system.

48. The Committee notes with appreciation the developments in the primary health care strategy, notably the decentralization and mobile units as well as the dialogue conducted with traditional leaders to ensure that health care strategies are complementary. Nevertheless, it remains concerned at the regional disparities in the health service provisions as well as the still high maternal mortality rates.

49. The Committee recommends that the State party continue to strengthen its primary health care strategy by ensuring adequate staffing and providing the highest attainable standard of health for all children. The Committee recommends that the State party reduce regional disparities and lower maternal mortality rates by improving prenatal care services and providing training of birth attendants in healthy midwifery practices.

50. While welcoming the establishment of the National AIDS Council, chaired by the president, the National AIDS Coordinating Council, the National Policy on HIV/AIDS, the Prevention of Mother to Child Transmission Programme and the programme for AIDS orphans, the Committee shares the serious concern of the State party at the still exceedingly high prevalence rate of HIV/AIDS, especially among women in their child bearing years compounded, in part, by inappropriate traditional practices, stigmatization and lack of knowledge on prevention methods.

51. In the light of General Comment No. 3 on HIV/AIDS and the rights of children (CRC/GC/2003/3), the Committee urges the State party to strengthen its efforts in combating the spread and effects of HIV/AIDS by, inter alia, training professionals, conducting education campaigns on prevention, improving the prevention of mother to child transmission programme, by providing free and universal antiretroviral medication and improving protection and support for AIDS orphans.

52. The Committee is concerned at the high incidence of teenage pregnancies, the inadequate reproductive health services and at the lack of mental health services for adolescents.

53. In the light of General Comment No. 4 on adolescent health and development in the context of the Convention on the Rights of the Child (CRC/GC/2003/4), the Committee recommends that the State party establish adequate health care services for adolescents, focusing on reproductive and mental health programmes.

54. The Committee is concerned at the information that primary education is not free for non-nationals and that the State party is considering introducing fees for parents who can afford it. The Committee is also concerned that primary education is not compulsory and at the high dropout rates in particular of girls in secondary schools, partly due to pregnancies.

55. The Committee recommends that the State party: (a) Take all necessary measures, legislative and administrative, to ensure that primary education is free and compulsory as required in article 28 of the Convention; (b) Continue to strengthen the activities providing pregnant girls with ongoing access to education (before and after giving birth); (c) Take measures to reduce school repetition and dropout rates; (d) Strengthen its efforts to improve the quality of education by revising curricula, introducing child-centred and active teaching and learning methods; (e) Expand the system of vocational training and improve its quality; (f) Seek international technical assistance from, inter alia, UNICEF and UNESCO.

58. The Committee is concerned at the increasing incidence of sexual exploitation and abuse of children as mentioned in the State party report.

59. The Committee recommends that the State party: (a) Undertake a study of children involved in commercial sexual exploitation and use its data to design policies and programmes to prevent commercial sexual exploitation of children, including through the development of a national plan of action on commercial sexual exploitation of children, as agreed at the first and second World Congresses Against Commercial Sexual Exploitation of Children, held in 1996 and 2001; (b) 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; (c) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims.

62. The Committee notes that the State party has acceded to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and signed the Optional Protocol on the involvement of children in armed conflict.

63. The Committee recommends that the State party ratify the Optional Protocol to the Convention on the involvement of children in armed conflict.

BRAZIL (2004)

Concluding observations of the Committee on the Rights of the Child: Brazil, 3/11/2004, CRC/C/15/Add.241.

9. The Committee notes with appreciation the ratification in 2004 of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.

10. The Committee welcomes the ratification of the Hague Convention No. 33 on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

11. The Committee welcomes the ratification of International Labour Organization Conventions No. 138 concerning the minimum age for admission to employment and 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour.

21. The Committee, while welcoming the increase of the federal social expenditure during the period covered by the report, including the creation of funds related to children, it remains concerned at the lack of information on budget allocations at state and municipal levels. Furthermore, the Committee is concerned that budgetary allocations were distributed without duly taking into account the regional disparities and the need of the most vulnerable groups.

23. The Committee takes note of the extensive statistical data provided in the report and in the written replies to the list of issues. Nevertheless, it regrets the lack of a disaggregated national data collection system on all areas covered by the Convention, which limits the State party's capacity to adopt adequate policies and programmes, in particular with regard to prevention and combating violence against children.

24. The Committee recommends that the State party strengthen and centralize its mechanism to integrate and analyse systematically disaggregated data on all children under 18 for all areas covered by the Convention, with special emphasis on the most vulnerable groups (i.e., indigenous children, children of African descent, children with disabilities, abused and neglected children, children living in extreme poverty and children in conflict with the law). The Committee urges that the State party use these indicators and data effectively in the formulation of legislation, policies and programmes for effective implementation of the Convention. In this regard, the Committee recommends that the State party seek technical assistance from, inter alia, UNICEF and other appropriate regional mechanisms, including the Inter-American Children's Institute.

25. While appreciating the efforts made by the State party to raise awareness of the Statute of the Child and Adolescent, the Committee is of the opinion that these measures need to be strengthened, especially in terms of the dissemination of the Convention. The Committee is also concerned at the lack of a systematic plan to continue training and raising awareness among professional groups working for and with children.

26. In the light of article 42 of the Convention, the Committee encourages the State party to:

(c) Implement the recommendations made by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the question of torture, the Special Rapporteur on the sale of children, child prostitution and child pornography, related to provisions of training.

40. The Committee notes that the 1997 Law on Torture, the Penal Code and the Statute of the Child and Adolescent (ECA) strongly prohibit torture and ill-treatment. Nevertheless, the Committee is deeply concerned by the gap existing between the law and its implementation, as a significant number of cases of torture, inhuman and degrading treatment have been reported over the last years, including by the Special Rapporteur on the question of torture (E/CN.4/2001/66/Add.2).

41. The Committee urges the State party to implement fully its legislation and to take into account the recommendations of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture, in particular with regard to effective measures to combat impunity. The Committee urges the State party to include in its next periodic report information, about the number of cases of torture, inhuman and/or degrading treatment of children reported to the authorities or relevant agencies, the number of perpetrators of such acts who have been sentenced by the courts and the nature of these sentences.

44. The Committee is concerned at the large number of children living in institutions and their precarious living conditions. The Committee is also concerned that very often residential care programmes are not governed by any specific regulation; this may undermine protection of children's rights and these programmes are not well monitored.

48. The Committee is deeply concerned at the high number of children victims of violence, abuse and neglect, including sexual abuse, in schools, in institutions, in public places and in the family.

49. The Committee recommends that the State party: (a) Carry out preventive public education campaigns about the negative consequences of ill-treatment of children; (b) Take the measures necessary to prevent child abuse and neglect; (c) In addition to existing procedures, establish effective child-sensitive procedures and preventive mechanisms to receive, monitor and investigate complaints, including through the intervention of social and judicial authorities where necessary, to find appropriate solutions, paying due regard to the best interests of the child; (d) Give attention to addressing and overcoming sociocultural barriers that inhibit victims from seeking assistance; (e) Seek assistance from, among others, UNICEF and the World Health Organization (WHO).

52. The Committee welcomes the State party's efforts to improve Brazil's health level, in particular the establishment of the Minimum Healthcare Allocation (PAB) in 1998. The Committee further notes the reduction of the incidence of child mortality as well as the positive changes observed in the child profile and in the HIV/AIDS incidence. Nevertheless, it is concerned at the low percentage of the population who are covered by at least one health plan and at the inequality in access to health services. The Committee is also concerned about health conditions, particularly of children who reside in rural areas, resulting in marked disparities in the quality of health services provided and of the lower socio-economic segments of the population in the North and North-east regions.

53. The Committee urges that the State party continue to develop the health system, ensuring the provision of the highest standard of health for all children, paying special attention to children in rural and geographically remote areas as well as those belonging to low-income families.

54. The Committee notes the efforts undertaken by the State party to implement the right to health of adolescents, in particular the adolescent health programme. However, it is concerned by the high rates of early pregnancy that mainly affect the socially underprivileged segments of the society. The Committee is also concerned at the inadequate emphasis on mental health care.

55. The Committee recommends that the State party further improve the adolescent health programme addressing, specifically, reproductive health issues, sex education and mental health. The Committee also recommends that the State party take into account the Committee's General Comment No. 4 on adolescent health and development in the context of the Convention on the Rights of the Child (CRC/GC/2003/4).

56. While taking into account the high priority given by the State party in implementing policies and programmes with a view to fighting hunger and poverty, the Committee notes that Brazil is a country with a relatively high level of development, and shares the concerns of the Committee on Economic, Social and Cultural Rights related to the persistent and extreme inequalities and imbalances in the distribution of wealth and resources (E/C.12/1/Add.87, para. 17). The Committee is concerned that the lives of a great number of children are marked by poverty, difficult access to, and deficient quality of, public services.

57. The Committee highly recommends that the State party: (a) Continue to strengthen its policies and programmes to combat the factors responsible for the increasing number of children living in extreme poverty; (b) Take measures in order to effectively reach the poorest segment of the population, by offering equal access to health, education, housing and other social services; (c) Develop programmes and policies to ensure that all families have adequate resources and facilities.

62. The Committee welcomes the decision of the State party's President, to make the fight against child sexual exploitation a priority of his Government. However, the Committee is deeply concerned by the wide occurrence of sexual exploitation and related issues, as also noted in the report of the Special Rapporteur on the sale of children, child prostitution, and child pornography following his mission to Brazil in 2003 (E/CN.4/2004/9/Add.2).

63. The Committee recommends that the State party: (a) Encourage and facilitate the reporting on incidents of sexual exploitation, investigate, prosecute and impose appropriate sanctions on any perpetrator of the alleged violations; (b) Provide protection to victims of sexual exploitation and trafficking, especially prevention, social reintegration, access to health care and psychological assistance in a culturally appropriate and coordinated manner, including by enhancing cooperation with non-governmental organizations and with neighbouring countries; and (c) Follow-up on the recommendation made by the Special Rapporteur that specialized criminal courts for child victims of crimes, together with specialized units of the public prosecutor's and specialized police precincts for the protection of children and adolescents should be established.

64. The Committee expresses its grave concern at the significant number of street children and the vulnerability of these children to extrajudicial killings, various forms of violence, including torture, sexual abuse and exploitation, and at the lack of a systematic and comprehensive strategy to address the situation and protect these children, and the very poor registration of missing children by the police.

65. The Committee recommends that the State party: (a) Develop a comprehensive strategy to address the high number of street children, with the aim of reducing and preventing this phenomenon; (b) Ensure that street children are provided with adequate nutrition and shelter as well as with health care and educational opportunities in order to support their full development, and provide them with adequate protection and assistance.

71. The Committee welcomes the fact that social organization, customs, languages, creeds and traditions are recognized to indigenous communities in the Constitution of 1988. However, as noted by the State party, the Indian Statute promotes for an integration which is not in accordance with the principle of respect for diversity of cultures. The Committee also welcomes the fact that, according to law 10.406/02, indigenous people are no longer considered "relatively incapable citizens". It also welcomes the efforts made by the State party to stimulate bilingual education. However, the Committee is deeply concerned by the low standard of living of indigenous children, low educational opportunities and quality of health services, and malnutrition.

72. The Committee urges the State party to pursue measures to effectively address the gap in life opportunities of indigenous children. Training and awareness-raising activities should be provided to break social prejudice, in order to revert the historical logic of colonization, which jeopardizes any chance of attaining genuinely equal treatment.

73. The Committee also recommends that the State party take adequate measures in order to provide protection for the rights of indigenous children, in particular their rights to preserve historical and cultural identity, customs, traditions and languages in accordance with the Constitution, and taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of indigenous children in September 2003.

BRUNEI DARUSSALAM (2003)

Concluding observations of the Committee on the Rights of the Child: Brunei Darussalam, 27/10/2003, CRC/C/15/Add. 219.

3. The Committee welcomes, inter alia: (c) The excellent health-care system reflected in very good indicators; (d) The very high school enrolment rates.

18. The Committee is concerned at the existing lack of systematic and comprehensive collection of disaggregated data for all areas covered by the Convention and in relation to all groups of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.

19. The Committee recommends that the State party develop a system of data collection and indicators consistent with the Convention and disaggregated by gender, age, and urban and rural area. This system should cover all children up to the age of 18 years with specific emphasis on those who are particularly vulnerable, including child victims of abuse, neglect, or ill-treatment; children with disabilities; children belonging to ethnic groups; refugee and asylum-seeking children; children in conflict with the law; working children; adopted children; street children; and children living in urban areas. It further encourages the State party to use these indicators and data to formulate policies and programmes for the effective implementation of the Convention.

22. The Committee is concerned that the minimum age for marriage is 14 years which the Committee considers as being far too low. The Committee is further concerned that even younger children may marry under Islamic law.

23. The Committee recommends that the State party: (a) Review and, accordingly, take steps to amend its legislation so that the minimum-age requirements are gender neutral and explicit and ensure that they are enforced by law; (b) In particular, increase the minimum age for marriage and make it the same for boys and girls.

24. The Committee is concerned that the principle of non-discrimination is not included in the legislation of the State party and that discrimination, contrary to article 2 of the Convention, still persists in the State party. In particular, the Committee is concerned about discrimination against girls and children born out of wedlock under existing personal status law (e. g. in inheritance, custody and guardianship).

25. The Committee recommends that the State party: (a) Ensure full compatibility between national legislation and practices with the Convention; (b) Take effective measures, including enacting or rescinding legislation where necessary, to prevent and eliminate discrimination on grounds of sex and birth in all fields of civil, economic, political, social and cultural life; (c) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family; (d) Train members of the legal profession, especially the judiciary, to be gender sensitive. Religious leaders should be mobilized to support such efforts.

31. While noting, inter alia, the right of the child to choose who she/he wishes to live with in cases of divorce and the presence of student councils in some schools, the Committee remains concerned that traditional attitudes towards children in society and local communities may limit respect for their views, especially within the family and schools.

32. The Committee recommends that the State party: (a) Continue to promote and facilitate within the family, the school, institutions, the courts and administrative bodies respect for the views of children and their active 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 so that they can learn how to help children to express their informed views and opinions and to take those views into consideration; (c) Seek assistance from intergovernmental organizations.

33. The Committee notes with appreciation the work done by the "Flying Doctors Team" to ensure registration of children in remote areas, but remains concerned that certain children, notably abandoned children, may still not be registered at birth.

34. The Committee recommends that the State party continue its efforts to ensure the registration at birth of all children, notably by carrying out awareness-raising campaigns about birth registration.

35. The Committee is concerned that under the Brunei Nationality Act (cap. 15), citizenship is not automatically granted to children of Brunei women married to non-nationals, while it is where the father is Brunei.

36. The Committee recommends that the State party revise the Brunei Nationality Act in order to ensure that children who have a Brunei parent acquire Brunei citizenship in an equal manner, regardless of whether the Bruneian parent is the father or the mother.

37. The Committee is concerned that corporal punishment is not prohibited at home, in schools or institutions and remains acceptable in the society. The Committee also notes that the new book of discipline for schools does not specifically prohibit corporal punishment nor does it even refer to it as a form of discipline.

38. The Committee strongly recommends that the State party prohibit corporal punishment at home, in schools and institutions and undertake education campaigns to educate families on alternative forms of discipline.

43. The Committee notes the adoption of the Children's Order 2000 and welcomes the special unit of the police established in 1997 to deal with child victims of abuse and violence, but remains concerned that there is insufficient information and awareness in the State party of the ill-treatment and abuse of children within the family and institutions.

44. The Committee recommends that the State party: (a) Conduct 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) Take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children, in the family and in institutions; (c) 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; (d) Establish effective child-sensitive procedures and mechanisms to receive, monitor, and investigate complaints, including intervening where necessary; (e) 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; (f) Provide care, recovery and reintegration for child victims; (g) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment; (h) Rehabilitate offenders;(i) Seek assistance from, among others, the World Health Organization (WHO).

45. The Committee is concerned that there is insufficient information available in relation to adolescent health and inadequate access by adolescents to reproductive and mental health counselling services.

46. The Committee recommends that the State party: (a) Ensure that adolescents have access to, and are provided with, education on reproductive health, mental health and other adolescent health issues, as well as with child sensitive and confidential counselling services; (b) Strengthen efforts in the area of adolescent health education within the education system; (c) Seek assistance from, among others, WHO.

47. The Committee notes the establishment of the National Advisory and Coordinating Committee for Children with Special Needs and the drafting process of the Emergency (Education) Order 2000, but remains concerned at the insufficient information on children with disabilities.

48. The Committee recommends that the State party: (a) Conduct a survey to assess the causes and extent of disability among children; (b) Review the existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted at its day of general discussion on the issue of "The rights of children with disabilities" (see CRC/C/69) ; (c) Speed up the process of enacting the Emergency (Education) Order 2000; (d) Involve children with disabilities and their families in developing and reviewing policies relevant to their situation; (e) Undertake greater efforts to make available the necessary professional and financial resources; (f) Undertake greater efforts to promote and expand community-based rehabilitation programmes, including parent support groups, and inclusive education of children with all forms of disability; (g) Seek assistance from, among others, WHO.

49. The Committee notes the very good education indicators, the broad scope of education in schools, encompassing a development-oriented co-curriculum besides the academic curriculum, and the intention to incorporate the Convention into school curricula, but remains concerned that: (a) Education is not compulsory; (b) Insufficient services are provided for children with learning difficulties.

50. The Committee recommends that the State party: (a) Ensure that primary education is made compulsory by law; (b) Taking into account the Committee's general comment No. 1 on the aims of education, include human rights education, including about children's rights, in the curricula, particularly with respect to the development of and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities; (c) Further develop services for children with learning difficulties; (d) Seek assistance from UNESCO.

BULGARIA (1997)

Concluding Observations of the Committee on the Rights of the Child: Bulgaria, 24/01/97, CRC/C/15/Add.66.

29. To prevent early pregnancies, the Committee recommends that sex education be strengthened and that information campaigns be launched concerning family planning. Furthermore, the Committee recommends that the Government undertake a national and comprehensive study on suicide among youth to enable the authorities to improve their understanding of this phenomenon and take appropriate measures to reduce the suicide rate.

30. In the light of Articles 19, 34 and 37 (a) , the Committee strongly recommends that the State party take all appropriate measures to prevent and combat corporal punishment, sexual abuse and exploitation and ill-treatment of children, including in institutions and in detention centres. The Committee suggests that corporal punishment be prohibited by civil legislation and that appropriate legal measures be taken to combat sexual abuse and exploitation of children. Cases of abuse should be properly investigated, sanctions applied to perpetrators and publicity given to the decisions taken in those cases. Further measures should be taken with a view to ensuring the physical and psychological recovery and social reintegration of the victims of abuse, neglect, ill-treatment, violence or exploitation, in accordance with Article 39 of the Convention.

BURKINA FASO
(2002)

Concluding observations of the Committee on the Rights of the Child: Burkina Faso, 09/10/2002, CRC/C/15/Add. 193.

17. The Committee welcomes the plans for a permanent system of data collection, but is concerned at the lack of systematic and comprehensive collection of disaggregated data for all areas covered by the Convention and in relation to all groups of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.

18. The Committee recommends that the State party develop a system of data collection and indicators consistent with the Convention and disaggregated by gender, age, and urban and rural area. This system should cover all children up to the age of 18 years with specific emphasis on those who are particularly vulnerable, including child victims of abuse, neglect or ill-treatment, children with disabilities, children belonging to ethnic groups, refugee and asylum-seeking children, children in conflict with the law, working children, adopted children, street children and children living in urban areas. It further encourages the State party to use these indicators and data to formulate policies and programmes for the effective implementation of the Convention

21. The Committee is concerned at the practice of forced and early marriage, which is still widespread. In addition, the Committee is concerned at the difference between the minimum age of employment (14 years) and the age for the end of compulsory education (16 years).

22. The Committee recommends that the State party: (a) Ensure respect for the minimum age of marriage set up in the Code of the Individual and the Family (art. 238) and amend article 376 of the Penal Code in that regard, and develop sensitization programmes involving community and traditional leaders and society at large, including children themselves, to curb the practice of early and forced marriage; (b) Take all necessary measures to ensure that employment of children does not interfere with their right to education.

23. While noting that discrimination is prohibited under the Constitution, that acts of discrimination are an offence under the new Penal Code and that several measures have been taken to promote the rights of girls and women (establishment of the Ministry for the Advancement of Women and of the Department for the Promotion of Girls' Education, etc. ) , the Committee is concerned at the persistence of de facto discrimination in the State party. In particular, the Committee is concerned at the disparities in the enjoyment of rights, e. g. in education, experienced by children belonging to the most vulnerable groups, among others, girls, children with disabilities, children born out of wedlock, children born of incest and children living in rural areas.

24. In line with its previous recommendations (ibid. , para. 14) , the Committee recommends that the State party: (a) Make greater efforts to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2; (b) Prioritize and target social services to children belonging to the marginalized and most vulnerable groups through a proactive and comprehensive strategy; (c) Ensure effective law enforcement, undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination, where needed within the framework of international cooperation.

25. 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).

26. While welcoming the establishment of a Children's Parliament, the Committee is concerned that, owing to traditional attitudes, respect for the views of the child remains limited within the family, in schools, in the courts before administrative authorities and in society at large.

27. The Committee encourages the State party to pursue its efforts: (a) To promote and facilitate, within the family, the schools, the courts and administrative bodies, through the adoption of legislation, respect for the views of children and their participation in all matters affecting them, in accordance with their age and maturity and in light of article 12 of the Convention; (b) To provide educational information to, among others, parents, teachers, government administrative officials, the judiciary, traditional leaders and society at large on children's rights to participate and to have their views taken into consideration; (c) To promote the activities, and take duly into consideration the decisions, of the Children's Parliament and take care that all groups of children are represented.

28. While noting the obligation to officially register all births, the Committee remains concerned at the large number of children whose birth is not being registered, that no specific measures have been taken to raise awareness concerning the need to register all newborns, and at the difficulties of obtaining a birth certificate.

29. In light of article 7 of the Convention, the Committee urges the State party to strengthen its efforts to ensure that all children are registered at birth, including through awareness-raising campaigns, and to consider facilitating the procedures governing birth registration and for obtaining birth certificates.

36. While noting that child abuse is prohibited under the Penal Code, the Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party and that insufficient efforts have been made to protect children. In addition, the Committee is concerned at the lack of statistical data and a comprehensive plan of action, as well as the insufficient infrastructure.

37. The Committee recommends that the State party: (a) Undertake a study on violence, including sexual violence, against children within the family, at school and in other institutions in order to assess the scope, nature and causes of this practice with a view to adopting and implementing a comprehensive plan of action and effective measures and policies, in conformity with article 19 of the Convention, and to changing attitudes; (b) Take all necessary steps to introduce the legal prohibition of the use of corporal punishment in schools and other institutions and at home; (c) Properly investigate cases of violence, through a child-sensitive judicial procedure, notably by giving appropriate weight to children's views in legal proceedings, and apply sanctions to perpetrators, having due regard to guaranteeing the right to privacy of the child; (d) Establish an appropriate complaint procedure and inform children about this mechanism; (e) Provide services for the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and take measures to prevent the criminalization and stigmatization of victims; (f) Take into consideration the recommendations of the Committee adopted at its days of general discussion on violence against children (CRC/C/100, para. 688 and CRC/C/111, paras. 701-745); (g) Seek technical assistance from, among others, UNICEF and WHO.

38. While taking note of the adoption of several national programmes relating to child survival, the Committee is deeply concerned at the high infant and under-5 mortality rates and low life expectancy in the State party. The Committee also remains concerned that health services in the local areas continue to lack adequate resources (both financial and human) . In addition, the Committee is concerned that the survival and development of children in the State party continue to be threatened by early childhood diseases, infectious diseases, diarrhoea and malnutrition. Concern is also expressed at the poor state of sanitation and at the insufficient access to safe drinking water, especially in rural areas.

39. The Committee recommends that the State party: (a) Reinforce its efforts to allocate adequate resources and develop and implement comprehensive policies and programmes, including the strengthening of the expanded programme of immunization, to improve the health situation of children, particularly in rural areas; (b) Facilitate greater access to primary health services, reduce the incidence of maternal, child and infant mortality, prevent and combat malnutrition and malaria, especially among vulnerable and disadvantaged groups of children, and promote proper breastfeeding practices; (c) Take the necessary measures to deal with emergency situations, including to combat epidemics of diseases such as meningitis; (d) Pursue additional avenues of cooperation and assistance for the improvement of child health with, among others, WHO and UNICEF.

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

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

42. While noting the establishment of a National Anti-AIDS Committee and of the National Youth Forum to Fight against HIV/AIDS, and the efforts of the State party in that respect (e. g. agreement with pharmaceutical companies to secure access to low-priced AIDS drugs) , the Committee remains extremely concerned at the high incidence and increasing prevalence of HIV/AIDS amongst adults and children and the resulting number of children orphaned by HIV/AIDS.

43. The Committee recommends that the State party: (a) Increase its efforts to prevent HIV/AIDS, taking into consideration the recommendations of the Committee adopted on its day of general discussion on children living in a world with HIV/AIDS (CRC/C/80, para. 243) ; (b) Urgently consider ways of minimizing the impact 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) Seek further technical assistance from, among others, UNAIDS.

44. While welcoming the prohibition of female circumcision under the new Penal Code and the new structure of the National Committee to Combat Female Circumcision, the Committee is concerned that female circumcision is still widely practised in the State party. In addition, the Committee is concerned at the use of other traditional harmful practices, such as food taboos.

45. The Committee urges the State party to continue its efforts to end the practice of female genital mutilation and to combat food taboos which negatively affect the health of children, inter alia, through enforcement of legislation and implementation of programmes sensitizing the population to their harmful effects.

46. While noting the plans for a national rehabilitation policy and a national plan of action, the Committee is concerned at the lack of statistical data on children with disabilities in the State party, at the situation of children with physical and mental disabilities and, in particular, at the limited specialized health care, education and employment possibilities available to them. The Committee is concerned further that poor health conditions and poverty are leading to an increase in the number of children with disabilities.

47. The Committee recommends that the State party: (a) Ensure the use of adequate and comprehensive data in 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; (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) ; (d) Allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field; (e) Strengthen policies and programmes of inclusion in regular education, train teachers and make schools accessible; (f) Carry out studies to assess the causes of disabilities in the State party in order to establish a strategy to prevent disabilities; (g) Sensitize the population to the human rights of children with disabilities; (h) Seek assistance from, among others, UNICEF and WHO.

50. The Committee notes with appreciation the adoption of the 1996 Education Act, the increase in budget allocations for education, the adoption of the 10-year Development Plan for Basic Education (2001-2010) , the focus put on education in the Poverty Reduction Strategy Paper and the creation of "satellite schools", but remains deeply concerned at the high illiteracy rate in the State party, which affects more women than men, the lack of pre-school education, the still low enrolment in primary and secondary education, the very high percentage of repeaters and drop-outs in primary education, the low quality of education, the high pupil-teacher ratio, the very low percentage of children who complete primary education and the important regional disparities. In addition, the Committee is concerned that primary education is not totally free and that parents have still to pay for supplies. The Committee also welcomes the efforts undertaken by the State party to increase the school enrolment of girls, but remains concerned at the disparities in school enrolment between boys and girls. These and other concerns which are related to the state of education in the State party are reflected in the following recommendations.

51. The Committee recommends that the State party: (a) Ensure that all children, especially girls, wherever they live, including the least developed areas, have equal access to educational opportunities; (b) Take all necessary measures to make primary education completely free; (c) Provide resources to help children go to secondary school; (d) Take the necessary measures to identify the causes of the high rate of repetition and dropout in primary schools and take steps to address the situation; (e) Establish bridges between formal and non-formal education; (f) Take the necessary measures to improve the quality and management of education; (g) Raise awareness about the importance of early childhood education and develop programmes to increase enrolment at the pre-school level; (h) Take measures to enable children with disabilities to have access to regular schools and to ensure that these children have access to formal and vocational educational opportunities; (i) Orient education towards the aims mentioned in article 29, paragraph 1, of the Convention and in the Committee's General Comment No. 1 on the aims of education; (j) Provide teachers with adequate training and encourage more women to become teachers; (k) Implement the ban on corporal punishment in schools and train teachers in the use of alternative measures of discipline; (l) Encourage the participation of children at all levels of school life; (m) Seek technical assistance from, among others, UNESCO and UNICEF.

54. While welcoming the efforts undertaken by the State party to combat child trafficking through a national programme and, in particular, the adoption of a travel document with five other countries of the region, the Committee is deeply concerned at the number of trafficked children who are exploited in the State party and in neighbouring countries.

55. The Committee recommends that the State party: (a) Take measures to prevent and combat the sale and trafficking of children, including an awareness-raising campaign and educational programmes, particularly for parents; (b) Facilitate the reunification of child victims with their families and provide adequate care and reintegrative programmes for them; (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; (d) Continue to seek assistance from ILO/IPEC.

56. The Committee notes the pilot project involving UNICEF and non-governmental organizations to deal with the issue of street children, but expresses its concern at the increasing number of street children and at the lack of a systematic and comprehensive strategy to address this situation and to provide these children with adequate assistance.

57. 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 these children are provided with recovery and reintegration services for physical, sexual and substance abuse, protection from police brutality and services for reconciliation with their families; (c) Undertake a study on the causes and scope of this phenomenon and develop a comprehensive strategy to address the increasingly large number of street children, with the aim of preventing and reducing this phenomenon.

58. The Committee is concerned about the increasing number of child victims of commercial 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.

59. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the scope of commercial sexual exploitation of children, including prostitution and pornography, and implement appropriate policies and programmes to prevent this practice and for the 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.

(1994)

Concluding Observations of the Committee on the Rights of the Child: Burkina Faso, 25/04/94, CRC/C/15/Add.19.

6. The Committee expresses its concern about the negative effects of poverty and structural adjustments on the situation of children in Burkina Faso, as illustrated by the high rate of infant mortality, malnutrition, as well as the low level of health services and school attendance.

14. The Committee recommends that a comprehensive strategy be elaborated and effectively implemented by the Government of the State party to eradicate the existing discrimination against girls and women. In that context, special efforts should be made to prevent existing practices of forced marriage, female circumcision and domestic violence. More attention should be paid to the wider dissemination of knowledge about modern methods of family planning.

BURUNDI (2000)

Concluding Observations of the Committee on the Rights of the Child: Burundi, 16/10/2000, CRC/C/15/Add.133.

14. The Committee notes with concern the breakdown of data collection mechanisms and that where data are collected they cover only children up to age 15.

15. The Committee recommends that the State party take steps to improve the collection of disaggregated data, including for children up to age 18, on priority areas of concern within the scope of the Convention and ensure that this information is used to improve the implementation of a child rights policy.

18. In light of article 4 of the Convention, the Committee is deeply concerned at the low proportion of the national budget invested in health, education and social welfare in contravention of the World Bank's guidelines on minimum spending on these areas, and the high proportion of spending on defence. The Committee is also concerned that resources, whether from State allocations or from direct international assistance, are not distributed evenly among the population according to need. Further, the Committee notes the high proportion of the population living in poverty and is concerned at the impact of this situation on children.

19. In light of articles 2, 3 and 4 of the Convention, the Committee recommends that the State party raise the proportion of spending on health, education and social welfare to the maximum of available resources, with a view to ensuring access to these services for all children. The Committee recommends in addition that the State party ensure that resources are distributed as evenly as possible according to the needs of vulnerable populations and to all geographical areas. The Committee recommends further that the State party make every effort to ensure that programmes and services for the implementation of the Convention are maintained.

24. The Committee is concerned at the low minimum age of 12 at which formal education is no longer compulsory, and joins with the State party in expressing concern at the difference in the legal minimum ages for marriage of girls and boys, and at the low minimum age of recruitment to the armed forces.

25. The Committee recommends that the State party raise the legal school-leaving age to 16, which is the age at which children are legally permitted to work. The Committee recommends further that the State party pursue its efforts to harmonize the minimum ages for marriage of girls and boys and that legislative measures be taken to raise the minimum age of recruitment to the armed forces to 18.

26. The Committee is deeply concerned at gross violations of the right to be protected from discrimination and at the impact of discrimination upon children in the State party, and notes that discrimination takes different forms including by ethnic origin, gender, geographical origin (within the country) and social status. The Committee notes that killings and other acts committed in the armed conflict, and which have affected children, have frequently been perpetrated on the basis of ethnic origin. The Committee notes in addition that other forms of discrimination lead to concerns with regard to, inter alia, access to resources, inheritance of property, the right to a nationality and the access of girls to education. Further, the Committee is concerned that the State party does not appear to have taken fully into account either the provisions of article 2 or the Convention's other principles in its legislation and administrative and judicial practice as well as in programmes on behalf of children.

27. The Committee urges the State party to make every effort to end all discriminatory practices, to ensure equal respect for the rights of all children in the State party and to reinforce and ensure the implementation of existing laws related to non-discrimination. The Committee recommends that the State party commission and publish an independent study on the different types and causes of discrimination which affect children in the State party, with the aim of contributing to public discussion and the identification of solutions. The Committee urges the State party to restate its commitment to protect children from discrimination and to work with national and international partners to end discrimination. The Committee further urges the State party to use promotion of and training on child rights as a means of ending discrimination and to prosecute persons who violate non-discrimination provisions of the law.

30. The Committee is deeply concerned at the extensive violations of the right to life of children by, inter alia, armed conflict, deliberate killings by armed persons including members of the armed forces, State regroupment policies, other forms of population displacement, poor health and sanitation facilities, severe malnutrition and related illnesses, and as a result of the prevailing conflict between groups of the population.

31. The Committee strongly urges the State party to make every effort to reinforce protection of the right to life, survival and development of all children within the State party through policies, programmes and services that target and guarantee protection of this right. The Committee further urges the State party to seek as much international assistance as possible in this regard.

32. The Committee is concerned that children are not given enough opportunities to express their views and that their opinions are not taken into consideration sufficiently, in particular within the family and in schools.

33. In the light of article 12 of the Convention, the Committee recommends that the State party provide educational information to, inter alia, parents, teachers, government administrative officials, the judiciary and the public in general on children's rights to participate and to have their views taken into consideration.

36. The Committee is very concerned at the large numbers of children whose birth is not being registered.

37. In the light of article 7 of the Convention, the Committee urges the State party to make every effort to ensure the registration of all children born, taking into account the particular situation of internally displaced persons, including those who have been regrouped, and refugees.

38. The Committee is deeply concerned at severe violations of the rights to freedom of movement and to choose one's residence in the context of the State party's regroupment policy. The Committee is concerned further by the large number of children in regroupment camps and the extremely poor conditions in which they have to live, constituting, in many cases, cruel, inhuman and degrading treatment and violating numerous minimum standards with respect to children's rights.

39. The Committee urges the State party to complete, without further delay, the process of closing the regroupment camps and, pending closure, to guarantee respect of all the civil rights and freedoms of children and their families living in such camps.

40. The Committee is concerned that corporal punishment continues to be practised at home and in some schools and that domestic legislation does not prohibit its use.

41. The Committee recommends that the State party take all appropriate measures, including legislation, information campaigns and the promotion of alternative forms of sanctions which respect the physical and mental integrity of children, to end corporal punishment within the family, schools, juvenile justice and alternative care.

46. The Committee is deeply concerned at the breakdown in nuclear family structures, at the emergence of a high proportion of single-parent-headed households, child-headed households and grandparent-headed households, and at the immediate and long-term consequences that these weaknesses in the family structure may have on children. The Committee is also concerned at the strong bias in favour of fathers in the context of child custody disputes.

47. Noting the efforts already made in this regard, the Committee urges the State party to continue and strengthen support to families, including through assistance with agricultural production and legal and financial assistance in obtaining adequate housing and land and counselling to help resolve problems. The Committee urges the State party to give particular attention to the establishment of psycho-social and parental guidance programmes to strengthen vulnerable family units such as single-parent-, child- and grandparent-headed households. The Committee recommends in addition that the State party ensure that in granting one parent custody of a child the decision is made in accordance with the best interests of the child, with the child's participation and with consideration for the emotional needs of the child.

48. The Committee joins the State party in expressing concern at acts of cruelty, ill-treatment, abuse, including sexual abuse, and neglect and practices such as the seizure of property belonging to orphans which are committed against children in the context of the family, including the extended family.

49. In light of article 19, the Committee recommends that the State party take steps to establish effective mechanisms for the timely reporting of and response to domestic violence and abuse against or affecting children, to prosecute individuals who violate criminal law and to protect children from cruelty and other harmful acts such as the seizure of property from orphans. The Committee recommends further that the State party take measures to offer both physical and psychological care to those who have suffered, including assisting child victims through court and other proceedings and avoiding the risk of secondary victimization, and that these should be implemented in accordance with article 39 of the Convention.

52. Noting the current efforts by the State party, the Committee is concerned at the situation of children with physical and mental disabilities, and in particular at the limited specialized health care, education and employment possibilities available for them. The Committee is concerned further that poor health conditions and poverty are leading to an increase in the number of children with disabilities.

53. The Committee recommends that the State party review the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities and that the State party establish a programme of action to address all areas of concern. The Committee recommends in addition that the State party take note 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" (see CRC/C/69) . The Committee further recommends that the State party sensitize the population to the rights of children with disabilities and the difficulties they must face in their daily lives. The Committee also suggests that the State party seek assistance from, inter alia, UNICEF and WHO.

54. The Committee is deeply concerned at low immunization rate, high levels of malnutrition and micro-nutrition deficiencies and extremely poor health conditions among children in general and particularly in camps. Further, the Committee is concerned at high mortality rates among children, high maternal mortality rates, at low investment in health care, the limited number of hospitals and health centres that are operational, the limited drug supply and relatively high cost of medicines, including generic drugs, and the concentration of medical professionals in Bujumbura city.

55. The Committee urges the State party to make significant increases in the health budget, to make every effort to improve public health, including primary health care, and to ensure adequate access for all children to health services, with particular regard to those living in rural communities and in camps. The Committee recommends that the State party implement integrated policies and programmes for the management of childhood illnesses and measures to improve child and maternal health. The Committee recommends that the State party seek the assistance of UNICEF and WHO in this regard.

56. The Committee is concerned at the lack of a comprehensive policy regarding the protection of social welfare, and that such protection is not equally accessible to the children of parents who are not employed in the civil service.

57. In light of article 26 of the Convention, the Committee recommends that the State party strengthen its efforts to extend the protection of social welfare to all sectors of the population, including through systems such as the health insurance card.

58. The Committee is concerned at the lack of an adolescent health care policy, particularly with regard to reproductive health, early teenage pregnancy, mental health and problems related to the inhaling of substances such as glue and petrol and the use of marijuana.

59. The Committee recommends that the State party make additional efforts to develop a comprehensive adolescent health care policy and to provide reproductive health education and specialized assistance for the treatment of mental, reproductive and other health concerns of adolescents. In this context, the Committee recommends that the State party seek assistance from UNICEF and WHO.

60. The Committee is deeply concerned at the high incidence of HIV/AIDS in the State party and its impact, either direct or indirect, on children and adolescents.

61. Noting the efforts made in this regard, including the national programme to combat HIV/AIDS, the Committee recommends that the State party pursue and increase its current efforts to promote awareness and prevention of HIV/AIDS [xxx Note: reference to discussion day to be included here]. The Committee recommends that the State party seek assistance in this regard from UNAIDS, UNICEF and WHO.

64. The Committee is very concerned at the dramatic fall in the number of children attending primary and secondary school in the State party, at the insufficient number of qualified teachers working in rural communities and in camps, at the lack of adequate teaching equipment and at repeated attacks by armed persons on schools. The Committee is further concerned at the limited access of children with disabilities to formal or vocational educational opportunities and at the proportionally low number of girls attending primary or secondary school.

65. The Committee urges the State party to continue and strengthen its efforts to, inter alia, rebuild and reopen schools, recruit qualified teachers in those areas where they are needed, make available adequate teaching equipment and ensure that all children, including indigent and displaced children, have equal access to education opportunities. The Committee further recommends that the State party develop a clear programme of action for increasing children's access to formal education. The Committee recommends in addition that the State party ensure that children with disabilities have access to formal and vocational educational opportunities and that every effort be made to ensure that girls and boys have equal access to educational opportunities. In this regard, the Committee recommends that the State party seek assistance from UNICEF and UNESCO.

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

67. The Committee is deeply concerned at the very large numbers of persons who have become refugees or internally displaced within the country and at the situation of those displaced children who are unaccompanied. The Committee is disturbed in particular by the massive numbers of people who been forcibly regrouped within the country and by the very poor, sometimes life-threatening conditions in displaced and regrouped persons camps, and the poor health and education services available to camp populations. The Committee notes that the State party has publicly promised to end the regroupment policy, but has failed to do so. The Committee notes further that efforts to trace the families of unaccompanied children have had limited success.

68. The Committee urges the State party to make every effort to protect the civilian population from displacement and to implement its plans to end regroupment, giving particular attention to the situation of unaccompanied children and the need for effective family tracing. The Committee further urges the State party to ensure that all displaced children and their families, including those who have been regrouped, have access to essential health and education services and to consider the need for continued access to such services during the often slow process of return to communities of origin. The Committee also urges the State party to provide returning children and their families with assistance in re-establishing themselves in their homes. In addition, the Committee urges the State party to continue to work closely with UNHCR towards establishing conditions conducive to the return of refugees in safety and in the context of a durable solution.

69. The Committee is concerned at the situation of children living and working on the streets and children living on their own and without proper housing in the hills. The Committee is concerned, inter alia, about the poor access of such children to health, education and other services, about reports that the number of children living or working on the streets is continuing to increase, and about the particular vulnerability of girls in these situations.

70. The Committee recommends that the State party reinforce the current efforts on behalf of street and "hill" children and ensure that these children are protected and have access to health and education services. Taking into consideration the limited availability of social workers and the scarcity of resources, the Committee recommends that the State party give greater support to the work of NGOs in this domain and provide the police services with training on children's rights so that the police can contribute to the protection of children from acts of violence or other abuse while on the street. The Committee recommends that special attention be given to improving the situation of girls. The Committee recommends further that the State party seek assistance from UNICEF in this regard.

71. The Committee is concerned about the participation of children in the State party's armed forces, either as soldiers, or as helpers in camps or in the obtaining of information. The Committee is also concerned about reports of widespread recruitment of children by opposition armed forces. The Committee is further concerned at reports of sexual exploitation of children by members of the armed forces. The Committee is deeply concerned about violations of the provisions of international humanitarian law relating to the treatment of civilians in armed conflict.

72. The Committee urges the State party to end the use of children as soldiers or in any other way related to the armed conflict and to demand, in the context of peace negotiations, that opposition armed forces also cease to use children as soldiers. The Committee recommends that the State party ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts at the earliest opportunity. In addition, the Committee urges the State party to ensure that the sexual exploitation of children by members of the armed forces is brought to an end and that the perpetrators are prosecuted. The Committee recommends further that the State party provide demobilized children, and others who have been linked to armed forces or groups, with assistance towards their social reintegration. The Committee recommends that full respect of the provisions of international humanitarian law be guaranteed.

75. The Committee is concerned that children have been the victims of sexual exploitation, sometimes by those persons who are responsible for their care.

76. The Committee recommends that the State party make every effort to end and prevent the sexual exploitation or abuse of children, giving particular attention to children living in camps. The Committee recommends in particular that the State party develop and implement a multidisciplinary plan of action to address the sexual exploitation of children and encourages the State party, in its efforts to address commercial sexual exploitation, to take into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996. The Committee also recommends that the State party consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

77. The Committee is deeply concerned about the poor situation of Batwa children and the lack of respect for almost all of their rights, including the rights to health care, to education, to survival and development, to a culture and to be protected from discrimination.

78. The Committee urges the State party urgently to gather additional information on the Batwa people, to strengthen the representation of Batwa in national policy-making and to elaborate a plan of action to protect the rights of Batwa children, including those rights related to minority populations and indigenous peoples.

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