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COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-SECOND SESSION
02 June 2006
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2 June 2006
Issues Conclusions on Reports of El Salvador, Belgium, Latvia, Italy, Canada, Turkey, Czech
Republic, Qatar, Uzbekistan, Tanzania, Mexico, Lebanon, Turkmenistan, Iceland, and Colombia
The Committee on the Rights of the Child concluded today its forty-second session and issued its conclusions and recommendations on the situation of children in Latvia, Uzbekistan, Tanzania, Mexico, Lebanon, Turkmenistan, and Colombia, all of whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Italy, Turkey, Qatar, and Iceland on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography were also examined. The Committee further took up the reports of El Salvador, Belgium, Italy and Iceland on efforts to comply with the Optional Protocol to the Convention on the involvement of children in armed conflict.
The conclusions and recommendations were contained in the final report for the three-week session, which was adopted today by the 18-member Committee (CRC/C/42/3).
Also at its final meeting, the Committee issued a General Comment on corporal punishment, highlighting the obligation of all States parties to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and outlining the legislative and other awareness-raising and educational measures that States must take. The Committee expected States to include in their periodic reports under the Convention information on measures taken to prohibit and prevent all corporal punishment and other cruel or degrading forms of punishment in the family and all other settings, including on related awareness-raising activities and promotion of positive, non-violent relationships and on the State’s evaluation of progress towards achieving full respect for children’s rights to protection against all forms of violence.
The Committee's next session will be held from 11 to 29 September at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Samoa, Ethiopia, Oman, Kiribati, Swaziland, Senegal, Benin, Ireland, Republic of Congo and Jordan. Under the Optional Protocol on the sale of children, child prostitution and child pornography, the reports of Denmark, Viet Nam and Syria are scheduled. Under the Optional Protocol on the involvement of children in armed conflict, the reports of Kazakhstan, Viet Nam and Malta are scheduled for consideration.
Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child
Latvia
Among the progress achieved in Latvia’s second periodic report, the Committee noted with appreciation its ratification of the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. It also welcomed the establishment of the Ministry for Children and Family Affairs, the long-term policy planning document, the Principal Positions Latvia Fit for Children (2004-2015) and the establishment of a Subsistence Guarantee Fund in 2004.
The Committee welcomed the declaration of the Government that all children in Latvia enjoyed the same rights irrespective of their citizen-status and the decision to remove the mandatory requirement to record ethnic origin in passports. It reiterated, however, its previous concern that the principle of non-discrimination was not fully implemented in Latvia for children belonging to minorities, including Roma children, children with disabilities and children living in rural areas, in particular, with regard to their access to adequate health and education facilities.
The Committee recommended that Latvia undertake comprehensive public education campaigns to prevent and combat negative social attitudes and behaviour based on sex, age, race, nationality, ethnicity, religion, disability. It also recommended that Latvia ensure that the general principle of the best interests of the child was a primary consideration and was fully integrated into all legislation relevant to children. Further, the Committee recommended that the State party undertake efforts to establish and implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes and home-based care.
Uzbekistan
Among positive developments in the second periodic report of Uzbekistan, the Committee noted with appreciation progress in the implementation of the National Plan of Action, adopted in 2001; that a law on the Guarantees of the Rights of the Child had been drafted; and the delegation’s declaration concerning the possible establishment of an Ombudsperson for Children.
The Committee was concerned at the prevailing disparities in the enjoyment of rights of children, in particular those belonging to the most vulnerable groups such as refugees, asylum-seekers, internally displaced children, children with disabilities, abandoned children and those living in institutions and in regions with socio-economic development problems. While noting the National Plan of Action for the implementation of the Convention against Torture, the Committee was deeply concerned at the numerous reports of torture and ill-treatment of persons under 18 years, and the reportedly insufficient efforts by the State party to investigate allegations of torture and prosecute the alleged perpetrators.
The Committee recommended that Uzbekistan incorporate the principle of the best interests of the child in domestic legislation related to children, and encouraged it to promote that principle in the society at large and in particular among parents and professionals working with and for the children. The Committee urged the State Party to establish an independent commission of inquiry into the incidents of 13-14 May 2005 in Andijan, in which children were reportedly killed, and to invite the Special Rapporteur on extrajudicial, summary or arbitrary executions, and other special procedure mandate holders, to visit the country. The Committee also urged Uzbekistan to take all necessary measures to ensure that children placed in institutions as a last resort enjoyed all rights of the Convention, received appropriate protection, education and health care, and that the living conditions in institutions were of the highest standards and were regularly monitored
Tanzania
Following its consideration of the second periodic report of Tanzania, the Committee noted with appreciation Tanzania’s adoption of the National Policy on HIV/AIDS (2001); the Policy for Child Survival, Protection and Development (2001); and the National Refugee Policy, which provided for better conditions for refugee children (2003). The Committee also welcomed the ratification of the 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, and ILO Convention No. 182, concerning the worst forms of child labour.
The Committee welcomed the establishment of the Special Desk for Children Affairs, within the Commission for Human Rights and Good Governance. However, the Committee was concerned about the accessibility and availability of the Commission to all children in the country and about the human and financial resources allocated to it. The Committee was deeply concerned at the high number of children engaged in economic activities, and that a high percentage of this group were involved in work that was hazardous, dangerous and deprived them of their health, education and development.
The Committee recommended that Tanzania develop appropriate mechanisms to track, monitor, and influence investments and budget allocations in favour of children as a cross-cutting concern within the programmes of the National Strategy for Economic Growth and Reduction of Poverty. The Committee also recommended that the State party continue to strengthen its efforts in combating the spread and effects of HIV/AIDS, inter alia, by ensuring the provision of antiretroviral drugs and formula feeding for infants, systematically including comprehensive information about HIV/AIDS and sex education, including condom promotion, and involving children in the development and implementation of HIV/AIDS policies and strategies, as well as expanding assistance to children orphaned and made vulnerable by HIV/AIDS.
Mexico
The Committee welcomed a number of positive developments in the third periodic report of Mexico, including amendments to the Constitution to strengthen the protection of children’s rights; the promulgation of the Act on the Protection of the Rights of Children in 2000; the adoption of the Programme of Action 2002-2010: A Mexico Fit for Children; and the ratification 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 in 2002.
The Committee noted with concern that, despite some increase in social expenditure over the last decades, budget allocations for children were low and remained insufficient, in particular for social expenditure, including health and education. The Committee was gravely concerned at reports of cases of torture and cruel and degrading treatment, in particular against street children, migrant children, youth groups and groups of marginalized children, and children victims of sexual and economic exploitation. It was further concerned that children had limited protection from violence and abuse under the law, and consequently that corporal punishment was widely used within the family, in schools and other institutions.
The Committee recommended that the State Party ensure that the process of drafting, planning and implementation of policies and programmes on the rights of the child be systematically more participatory and that relevant NGOs be actively involved in the drafting, planning and implementation of policies, legislation and programmes. The Committee further recommended that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against indigenous children, children with disabilities, girls, children living in rural and remote areas and children from economically disadvantaged families, including through awareness-raising campaigns.
Lebanon
In reviewing the third periodic report of Lebanon, the Committee welcomed the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography in 2004. The Committee noted with appreciation the very many activities of the Higher Council for Childhood, for example in the legislative area and for awareness raising and training, and the establishment of various specialized commissions within the Council, such as on sexual exploitation, child abuse and neglect and child participation.
The Committee welcomed the information from the delegation that the establishment of a National Human Rights Institution and/or a specific children’s ombudsperson was under consideration, but regretted that no further progress had been made. The Committee noted with concern that the minimum age for marriage still depended on the person’s religion. In addition, despite a 2001 Memorandum of the Minister of Education prohibiting educational staff from inflicting corporal punishment, corporal punishment was still used in schools and other institutions, and the Committee noted with concern that corporal punishment was lawful in the home.
The Committee recommended that the Higher Council for Childhood continue to strengthen its coordination role at national, regional and local levels in order to ensure uniform implementation of the child rights policies and programmes in all parts of country. The Committee strongly recommended that the State party review as a matter of priority its domestic legislation with a view to addressing “honour crimes” in an effective way and to eliminating all provisions allowing reductions of sentence if the crime were committed in the name of “honour”. Furthermore, the State party should raise awareness of that socially and morally unacceptable practice, involving also religious and community leaders.
Turkmenistan
Having considered the initial report of Turkmenistan, the Committee welcomed the new country programme 2005-2009 in cooperation with UNICEF, focusing on the well-being of children in the health and social sectors; the adoption of the National Programme on HIV/STI’s Prevention (2005-2010); and the “Young People’s Right to Work (Guarantees) Act” of 1 February 2005, which inter alia prohibited the work of school age children in cotton fields. Further, the Committee welcomed Turkmenistan’s ratification the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, on 29 April 2005.
The Committee noted that the National Institute for Democracy and Human Rights received complaints from citizens, but was concerned about its ineffectiveness and lack of independence and that a specialized body responsible for the independent monitoring of the implementation of the Convention was lacking. The Committee was also concerned that that the educational system of Turkmenistan had deteriorated over the past few years and, in particular, that compulsory education had been reduced from 10 to 9 years; most of the school programme was limited to the “Rukhnama” – a sort of “spiritual guide” written by the President; that only 20 per cent of children had an opportunity for early childhood education; and the quality of teaching was becoming an increasing problem.
The Committee recommended that Turkmenistan carefully and regularly evaluate existing disparities in the enjoyment by children of their rights and undertake the necessary steps to prevent and combat discriminatory disparities, including comprehensive public education campaigns to prevent and combat negative social attitudes and behaviour. The Committee also recommended that the State party undertake a comprehensive survey of the number, composition and characteristics of working children in order to design and implement a comprehensive strategy to prevent and combat their exploitation, ensure the implementation of the recent law prohibiting child labour in cotton fields, and consider ratifying the ILO Conventions 138 and 182.
Colombia
Among progress achieved, the Committee noted with appreciation in the third periodic report of Colombia initiatives to combat child labour and the enactment of legislation to counteract sexual exploitation, pornography and sexual tourism with children. The Committee also welcomed the ratification of the Optional Protocols to the Convention on the involvement of children in armed conflict on 25 June 2005 and on the sale of children, child prostitution and child pornography on 11 November 2003.
The Committee was concerned that the domestic violence law of 2004 – which failed to incorporate sexual abuse on the grounds that it constituted physical abuse and as such was already covered in the Criminal Code – would have serious implications for the welfare and protection of Colombian children as it disregarded the serious nature of sexual abuse and its impact on victims. The Committee was deeply concerned that widespread discrimination existed towards certain vulnerable groups, such as displaced children, Afro-Colombian and indigenous children and children living in rural and remote areas and that their ability to access education and health facilities was severely reduced by the disproportionate allocation of resources.
The Committee expressed grave concern at the continuously high incidence of children victims of extrajudicial killings, homicides and massacres as a consequence of the armed conflict. The Committee urged Colombia to break the legacy of impunity and urgently conduct criminal investigations of human rights violations in cases whereby children had lost their lives and ensure that the perpetrators were brought to justice as a matter of the highest priority. The Committee also urged the State party to reinforce mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation of children, including within the family, schools, in institutional or other care and that it ensure that professionals working with children receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children.
Optional Protocol on the Sale of Children, Child Prostitution and
Child Pornography
Italy
The Committee welcomed the initial report of Italy and noted with appreciation Italy’s adoption of legislation on the sexual exploitation of children and child pornography, including via the Internet; a law on measures against human trafficking; and the establishment of the Interministerial Committee for the Coordination of the Fight against Paedophilia in 2002. In addition, the Committee welcomed the information provided by the delegation that Italy had recently ratified the United Nations Convention against Transnational Organized Crime and its Optional Protocols.
The Committee encouraged Italy to improve coordination in all areas covered by the Optional Protocol and to strengthen its mechanisms for the periodic evaluation of the implementation of the Protocol. It further recommended that the State party define child pornography in its national legislation, which would enable it to clearly design and implement policies.
The Committee was deeply concerned at the high rate children victims of trafficking, mainly from Eastern European countries, especially from Romania, who were at particular risk of being sexually exploited and used for the purpose of begging. The Committee recommended that the State party pay particular attention to the situation of vulnerable groups of children who were at risk of being abused and exploited. In that connection, it highly recommended that good practices such the “Centre for Combating Child Begging” in Rome should be shared with other cities. The Committee also recommended that the State Party effectively implement its guidelines for the allocation of funding and strengthen its provision of financial support particularly to NGOs in carrying out their projects.
Turkey
The Committee welcomed the submission of Turkey’s initial report and noted with appreciation the Child Protection Law (2005); the designation of the General Directorate of Social Services and Child Protection Agency as the coordinating organization responsible for monitoring and implementation of the Convention and its Optional Protocol; the amendments to the Constitution allowing for direct application of the Optional Protocol to domestic legislation; and training activities undertaken by the State party in order to enhance the awareness of the issues covered by the Optional Protocol.
While the Committee welcomed the existence of a National Plan of Action for the use of the Internet 2005-2015 and a draft law on Cyber crime, it lacked information regarding the implementation of and measures foreseen in that plan for the prevention of dissemination of child pornography via the Internet. The Committee was concerned at the reported increase of cases of sexual exploitation of children. The Committee was also concerned that there was no inclusive information available and that there were neither systematic monitoring nor complaints mechanisms in place as such. The Committee was further concerned about the lack of public discussion on the issues of sale of children, child prostitution and child pornography and that the awareness regarding these issues among the public at large was still very limited.
The Committee recommended that Turkey strengthen its efforts to develop and implement a national plan of action on the issues referred to in the Optional Protocol, including activities with regard to prevention and rehabilitation. The Committee also recommended that further resources be dedicated to awareness campaigns and also for the development of training materials and training courses with a view of establishing systematic training programmes for civil servants responsible for the implementation of the Optional Protocol. In addition, the Committee recommended that the State party make the provisions of the Optional Protocol widely known, particularly to children, through, inter alia, school curricula.
Qatar
Among the positive aspects in its consideration of the initial report of Qatar, the Committee welcomed the adoption of the new Constitution, which, among others, strengthened protections for children, provided care for young persons and protected them from exploitation and neglect. The Committee also welcomed the adoption in 2005 of the Law on Banning the Employment, Training and Participation of Children in Camel Racing and Qatar’s investments in the development of robot jockeys. The Committee also expressed its appreciation at the establishment of the Qatari House for Sheltering and Human Care, which provided protection, care and recovery for trafficked persons, including children.
The Committee was concerned that the question of sexual exploitation of children, including child pornography, was not adequately taken up for a public discussion in the Qatari society and that awareness of sexual exploitation was still insufficient. The Committee regretted the lack of statistical data on the number of children trafficked to and from Qatar, as well as in the country, and the number of reported cases of sale of children, child prostitution and child pornography. The Committee also regretted that the State party has not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000).
The Committee recommended that the State party strengthen its efforts to develop a national plan of action for children, with time bound targets. It recommended that the State party pay particular attention to combating child labour and the elimination of trafficking and sexual exploitation of children in the national plan of action, and provide a specific budget allocation and adequate follow-up mechanisms for its full implementation. It further recommended that the State party conduct research and provide comprehensive statistical data on the extent, nature and changing patterns of trafficking in children in Qatar.
Iceland
The Committee welcomed the submission of Iceland’s initial report and noted with appreciation the various measures taken by Iceland, in particular the adoption of the Children’s Act, reinforcing children’s rights; the enactment of an Act amending the General Penal Code and introducing a new definition of "trafficking in persons" and an increase in penalties for sexual offences against children; and the establishment of an office of the United Nations Children’s Fund in the country in 2003.
The Committee was concerned that there was no identifiable body to ensure a comprehensive and well-coordinated implementation of the various ministerial activities to protect the rights covered by the Optional Protocol. The Committee also regretted the lack of identifiable mechanisms for the periodic evaluation of the implementation of the Protocol. Furthermore, the Committee remained concerned at the rather low age for sexual consent (14 years), which might not provide adequate protection for children older than 14 years against sexual exploitation, the current statute of limitations in respect of sexual offences against children, and that legal persons could not be held liable for offences established in article 3, paragraph 1 of the Optional Protocol.
The Committee noted the absence of reported cases falling within the provisions of the Optional Protocol, with the exception of child pornography, and recommended that the State party undertake a study to assess the nature and extent of activities falling under the Optional Protocol and include efforts to identify unreported cases. The Committee also recommended that the State party provide financial and technical support to create a helpline specifically for child victims of violence and abuse.
Optional Protocol on the Involvement of Children in Armed Conflict
El Salvador
Among the positive aspects of the initial report of El Salvador, the Committee noted with appreciation the establishment by law of the minimum age for compulsory recruitment of 18 years and of voluntary recruitment of 16 years, with the necessary provisions to ensure that this recruitment complied with the requirements set out in the Optional Protocol; the human rights and humanitarian law courses included in the curriculum of the armed forces; and the reform under way, as announced by the delegation during the dialogue, of the Military Code and other relevant legislation to raise the minimum age of voluntary recruitment from 16 to 18 years.
The Committee recommended that El Salvador widely disseminate information on the Optional Protocol and seize the opportunity of the reform of the Armed Forces Act to hold a public debate on the topic. The Committee also recommended that the State party develop education and training programmes on the provisions of the Optional Protocol for children and all relevant professional groups working with and for children.
The Committee regretted the lack of consultation with NGOs and civil society in the drafting process of the initial State party report and recommended they participate in the drafting of further reports, in the implementation of the Optional Protocol and of the Committee’s recommendations, as well as in the legislation process.
Belgium
Following consideration of the initial report of Belgium on the implementation of the Optional Protocol, the Committee welcomed the amendment of the Criminal Code in 2003 which defined the recruitment of children under the age of 15 in the armed forces or armed groups or making them take an active part in hostilities as war crimes.
The Committee noted with appreciation the State party’s development cooperation policy, which prioritized the prevention of the involvement of children in armed conflict.
The Committee regretted that the Act of 5 August 2003 limited the extraterritorial jurisdiction in cases of serious violation of international humanitarian law, but it welcomed the fact that children who had been recruited into national armed forces or had been used for active participation in hostilities while they were under the age of 15 could obtain direct access to Belgian courts if there were a link between Belgium and the crime. However, the Committee was concerned that those provisions did not provide for the protection of other forms of recruiting in armed forces or groups or involving them in hostilities.
The Committee recommended that Belgium pay special attention to asylum-seeking, refugee and migrant children in Belgium who may have been involved in or affected by armed conflict by strengthening its efforts to identify such children at the earliest possible stage; provide them with culturally sensitive multidisciplinary assistance for their physical and psychological recovery and their social reintegration; and regularly train authorities working for and with asylum-seeking and migrant children who may have been victims of hostilities in their home country.
Italy
Following its consideration of Italy’s initial report, the Committee noted with appreciation that legislation in the State party concerning compulsory recruitment into the armed forces had been amended in 2001 to reflect the provisions of the Optional Protocol. The Committee also welcomed Italy’s international and bilateral technical cooperation activities and financial assistance aimed at preventing the involvement of children in armed conflict and assisting recovery of child victims of armed conflict and of child combatants.
The Committee recommended that the State Party explicitly prohibit by law the recruitment of children under the age of fifteen years into armed forces or groups and their direct participation in hostilities, explicitly prohibit by law the violation of the provisions of the Optional Protocol regarding the recruitment and involving of children in hostilities, and establish extra territorial jurisdiction for those crimes when they were committed by or against a person who was a citizen of or had other links with the State Party. The Committee also recommended that the State Party consider the possibility of increasing the minimum age for voluntary recruitment from 17 to 18 years.
While taking note with appreciation of the law introducing new regulations on the control of trade of weapons, the Committee was concerned at the lack of a provision prohibiting the sale of small arms and light weapons to countries where persons who had not attained the age of 18 took a direct part in hostilities, and the Committee recommended that Italy review its domestic legislation with a view to prohibiting such sales.
Canada
Among the positive aspects in Canada’s initial report on the Optional Protocol, the Committee welcomed the amendment to the National Defence Act entrenching into law the policy of the Canadian Forces of precluding persons under age 18 from being deployed into areas where hostilities were taking place or where armed combat was a possibility. The Committee also welcomed the appointment of a Special Adviser on War-Affected Children and the creation of a Child Protection Unit within the Canadian International Development Agency.
The Committee invited the State party to provide further information on the status of children attending the Royal Military College, particularly as to whether they were considered only as civilian students of a military college or already as military recruits. The Committee was concerned at the lack of information from Canada about measures taken to ensure that captured persons below 18 were treated in accordance with international standards of human rights and humanitarian law when transferred to other national authorities.
While the Committee welcomed the information that psychological and physical recovery and social reintegration of immigrant and refugee children affected by armed conflict was provided through appropriate services existing at provincial and territorial levels, the Committee encouraged the State party to continue, and strengthen where necessary, the above-mentioned services and to provide concrete information on the children who benefited from those services in its next report. It recommended that the State party make the Optional Protocol widely known, in particular to children and their parents, through, inter alia, school curricula in a child-friendly version.
Czech Republic
In its conclusions on the initial report of the Czech Republic, the Committee noted with appreciation the declaration made upon the ratification of the Optional Protocol that the minimum age for voluntary recruitment into the armed forces of the Czech republic was 18 years and that the State party contributed to the implementation of the guidelines on children and armed conflict adopted by the European Union’s General Affairs and External Relations Council in 2003.
The Committee was concerned about the current absence of an explicit criminalization of involvement of children in hostilities and the possible limitations to the criminalization of recruitment in the State party. The Committee was concerned that the State party’s dissemination and training activities regarding the Optional Protocol are limited to the armed forces. The Committee noted that a significant number of children attended army and police secondary schools and was concerned about the lack of information on complaint mechanisms available for children attending such schools.
The Committee recommended that the State party strengthen the provisions in the draft Criminal Code such that criminalization of the recruitment of children in armed forces was not limited to recruitment in times of war or armed conflict. In addition, the Committee recommended that the involvement of children in hostilities (including activities facilitating or even promoting such involvement) was explicitly made a crime subject to the principle of universality. Further, the Committee encouraged the State party to ratify the Statute of the International Criminal Court.
Iceland
Among positive aspects in its initial report, the Committee noted with appreciation Iceland’s international and bilateral technical cooperation activities aimed at preventing the involvement of children in armed conflict. The Committee also noted the ratification of the Rome Statute of the International Criminal Court on 25 May 2000 and ILO Convention No. 182 concerning the worst forms of child labour on 29 May 2000.
The Committee noted that the State party did not have armed forces and that consequently there was no legal regulation of voluntary or compulsory recruitment. The absence of armed forces did not, however, exclude the possibility of individuals or groups undertaking efforts to recruit children for foreign armed forces or groups and the Committee was concerned that the recruitment of children was not explicitly mentioned as a crime in the State party’s penal code.
The Committee noted the information on special assistance and psychological and social support to refugee children. However, the Committee regretted the lack of information on psychological and physical recovery and social reintegration of refugee, asylum-seeking and migrant children who had been involved in armed conflict. The Committee encouraged Iceland to continue, and strengthen where necessary, the above-mentioned services inside and outside Iceland and that it provide information in its next report on the subject.
General Comment on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment
Following its two General Discussion Days on violence against children, held in 2000 and 2001, the Committee on the Rights of the Child resolved to issue a series of General Comments concerning eliminating violence against children, of which this was the first. The Committee said it was issuing this General Comment to highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and to outline the legislative and other awareness-raising and educational measures that States must take. The Committee observed that addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, was not only an obligation of States parties under the Convention, it was also a key strategy for reducing and preventing all forms of violence in societies.
Corporal punishment and other cruel or degrading forms of punishment of children took place in many settings including within the home and family, in all forms of alternative care, schools and other educational institutions, justice systems – both as a sentence of the courts and as a punishment within penal and other institutions – in situations of child labour, and in the community. Article 37 of the Convention required States to ensure that: “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. That was complemented and extended by Article 19, which required States to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” In addition, Article 28 of the Convention referred to school discipline and required States parties to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention”. While Articles 19 and 28 did not refer explicitly to corporal punishment, the Convention, like all human rights instruments, had to be regarded as a living instrument whose interpretation developed over time.
In conclusion, the Committee expected States to include in their periodic reports under the Convention information on the measures taken to prohibit and prevent all corporal punishment and other cruel or degrading forms of punishment in the family and all other settings, including on related awareness-raising activities and promotion of positive, non-violent relationships and on the State’s evaluation of progress towards achieving full respect for children’s rights to protection against all forms of violence. The Committee also encouraged United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of corporal punishment and progress towards its elimination.
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Issues Conclusions on Reports of El Salvador, Belgium, Latvia, Italy, Canada, Turkey, Czech
Republic, Qatar, Uzbekistan, Tanzania, Mexico, Lebanon, Turkmenistan, Iceland, and Colombia
The Committee on the Rights of the Child concluded today its forty-second session and issued its conclusions and recommendations on the situation of children in Latvia, Uzbekistan, Tanzania, Mexico, Lebanon, Turkmenistan, and Colombia, all of whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Italy, Turkey, Qatar, and Iceland on efforts to comply with the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography were also examined. The Committee further took up the reports of El Salvador, Belgium, Italy and Iceland on efforts to comply with the Optional Protocol to the Convention on the involvement of children in armed conflict.
The conclusions and recommendations were contained in the final report for the three-week session, which was adopted today by the 18-member Committee (CRC/C/42/3).
Also at its final meeting, the Committee issued a General Comment on corporal punishment, highlighting the obligation of all States parties to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and outlining the legislative and other awareness-raising and educational measures that States must take. The Committee expected States to include in their periodic reports under the Convention information on measures taken to prohibit and prevent all corporal punishment and other cruel or degrading forms of punishment in the family and all other settings, including on related awareness-raising activities and promotion of positive, non-violent relationships and on the State’s evaluation of progress towards achieving full respect for children’s rights to protection against all forms of violence.
The Committee's next session will be held from 11 to 29 September at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Samoa, Ethiopia, Oman, Kiribati, Swaziland, Senegal, Benin, Ireland, Republic of Congo and Jordan. Under the Optional Protocol on the sale of children, child prostitution and child pornography, the reports of Denmark, Viet Nam and Syria are scheduled. Under the Optional Protocol on the involvement of children in armed conflict, the reports of Kazakhstan, Viet Nam and Malta are scheduled for consideration.
Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child
Latvia
Among the progress achieved in Latvia’s second periodic report, the Committee noted with appreciation its ratification of the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. It also welcomed the establishment of the Ministry for Children and Family Affairs, the long-term policy planning document, the Principal Positions Latvia Fit for Children (2004-2015) and the establishment of a Subsistence Guarantee Fund in 2004.
The Committee welcomed the declaration of the Government that all children in Latvia enjoyed the same rights irrespective of their citizen-status and the decision to remove the mandatory requirement to record ethnic origin in passports. It reiterated, however, its previous concern that the principle of non-discrimination was not fully implemented in Latvia for children belonging to minorities, including Roma children, children with disabilities and children living in rural areas, in particular, with regard to their access to adequate health and education facilities.
The Committee recommended that Latvia undertake comprehensive public education campaigns to prevent and combat negative social attitudes and behaviour based on sex, age, race, nationality, ethnicity, religion, disability. It also recommended that Latvia ensure that the general principle of the best interests of the child was a primary consideration and was fully integrated into all legislation relevant to children. Further, the Committee recommended that the State party undertake efforts to establish and implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes and home-based care.
Uzbekistan
Among positive developments in the second periodic report of Uzbekistan, the Committee noted with appreciation progress in the implementation of the National Plan of Action, adopted in 2001; that a law on the Guarantees of the Rights of the Child had been drafted; and the delegation’s declaration concerning the possible establishment of an Ombudsperson for Children.
The Committee was concerned at the prevailing disparities in the enjoyment of rights of children, in particular those belonging to the most vulnerable groups such as refugees, asylum-seekers, internally displaced children, children with disabilities, abandoned children and those living in institutions and in regions with socio-economic development problems. While noting the National Plan of Action for the implementation of the Convention against Torture, the Committee was deeply concerned at the numerous reports of torture and ill-treatment of persons under 18 years, and the reportedly insufficient efforts by the State party to investigate allegations of torture and prosecute the alleged perpetrators.
The Committee recommended that Uzbekistan incorporate the principle of the best interests of the child in domestic legislation related to children, and encouraged it to promote that principle in the society at large and in particular among parents and professionals working with and for the children. The Committee urged the State Party to establish an independent commission of inquiry into the incidents of 13-14 May 2005 in Andijan, in which children were reportedly killed, and to invite the Special Rapporteur on extrajudicial, summary or arbitrary executions, and other special procedure mandate holders, to visit the country. The Committee also urged Uzbekistan to take all necessary measures to ensure that children placed in institutions as a last resort enjoyed all rights of the Convention, received appropriate protection, education and health care, and that the living conditions in institutions were of the highest standards and were regularly monitored
Tanzania
Following its consideration of the second periodic report of Tanzania, the Committee noted with appreciation Tanzania’s adoption of the National Policy on HIV/AIDS (2001); the Policy for Child Survival, Protection and Development (2001); and the National Refugee Policy, which provided for better conditions for refugee children (2003). The Committee also welcomed the ratification of the 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, and ILO Convention No. 182, concerning the worst forms of child labour.
The Committee welcomed the establishment of the Special Desk for Children Affairs, within the Commission for Human Rights and Good Governance. However, the Committee was concerned about the accessibility and availability of the Commission to all children in the country and about the human and financial resources allocated to it. The Committee was deeply concerned at the high number of children engaged in economic activities, and that a high percentage of this group were involved in work that was hazardous, dangerous and deprived them of their health, education and development.
The Committee recommended that Tanzania develop appropriate mechanisms to track, monitor, and influence investments and budget allocations in favour of children as a cross-cutting concern within the programmes of the National Strategy for Economic Growth and Reduction of Poverty. The Committee also recommended that the State party continue to strengthen its efforts in combating the spread and effects of HIV/AIDS, inter alia, by ensuring the provision of antiretroviral drugs and formula feeding for infants, systematically including comprehensive information about HIV/AIDS and sex education, including condom promotion, and involving children in the development and implementation of HIV/AIDS policies and strategies, as well as expanding assistance to children orphaned and made vulnerable by HIV/AIDS.
Mexico
The Committee welcomed a number of positive developments in the third periodic report of Mexico, including amendments to the Constitution to strengthen the protection of children’s rights; the promulgation of the Act on the Protection of the Rights of Children in 2000; the adoption of the Programme of Action 2002-2010: A Mexico Fit for Children; and the ratification 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 in 2002.
The Committee noted with concern that, despite some increase in social expenditure over the last decades, budget allocations for children were low and remained insufficient, in particular for social expenditure, including health and education. The Committee was gravely concerned at reports of cases of torture and cruel and degrading treatment, in particular against street children, migrant children, youth groups and groups of marginalized children, and children victims of sexual and economic exploitation. It was further concerned that children had limited protection from violence and abuse under the law, and consequently that corporal punishment was widely used within the family, in schools and other institutions.
The Committee recommended that the State Party ensure that the process of drafting, planning and implementation of policies and programmes on the rights of the child be systematically more participatory and that relevant NGOs be actively involved in the drafting, planning and implementation of policies, legislation and programmes. The Committee further recommended that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against indigenous children, children with disabilities, girls, children living in rural and remote areas and children from economically disadvantaged families, including through awareness-raising campaigns.
Lebanon
In reviewing the third periodic report of Lebanon, the Committee welcomed the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography in 2004. The Committee noted with appreciation the very many activities of the Higher Council for Childhood, for example in the legislative area and for awareness raising and training, and the establishment of various specialized commissions within the Council, such as on sexual exploitation, child abuse and neglect and child participation.
The Committee welcomed the information from the delegation that the establishment of a National Human Rights Institution and/or a specific children’s ombudsperson was under consideration, but regretted that no further progress had been made. The Committee noted with concern that the minimum age for marriage still depended on the person’s religion. In addition, despite a 2001 Memorandum of the Minister of Education prohibiting educational staff from inflicting corporal punishment, corporal punishment was still used in schools and other institutions, and the Committee noted with concern that corporal punishment was lawful in the home.
The Committee recommended that the Higher Council for Childhood continue to strengthen its coordination role at national, regional and local levels in order to ensure uniform implementation of the child rights policies and programmes in all parts of country. The Committee strongly recommended that the State party review as a matter of priority its domestic legislation with a view to addressing “honour crimes” in an effective way and to eliminating all provisions allowing reductions of sentence if the crime were committed in the name of “honour”. Furthermore, the State party should raise awareness of that socially and morally unacceptable practice, involving also religious and community leaders.
Turkmenistan
Having considered the initial report of Turkmenistan, the Committee welcomed the new country programme 2005-2009 in cooperation with UNICEF, focusing on the well-being of children in the health and social sectors; the adoption of the National Programme on HIV/STI’s Prevention (2005-2010); and the “Young People’s Right to Work (Guarantees) Act” of 1 February 2005, which inter alia prohibited the work of school age children in cotton fields. Further, the Committee welcomed Turkmenistan’s ratification the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, on 29 April 2005.
The Committee noted that the National Institute for Democracy and Human Rights received complaints from citizens, but was concerned about its ineffectiveness and lack of independence and that a specialized body responsible for the independent monitoring of the implementation of the Convention was lacking. The Committee was also concerned that that the educational system of Turkmenistan had deteriorated over the past few years and, in particular, that compulsory education had been reduced from 10 to 9 years; most of the school programme was limited to the “Rukhnama” – a sort of “spiritual guide” written by the President; that only 20 per cent of children had an opportunity for early childhood education; and the quality of teaching was becoming an increasing problem.
The Committee recommended that Turkmenistan carefully and regularly evaluate existing disparities in the enjoyment by children of their rights and undertake the necessary steps to prevent and combat discriminatory disparities, including comprehensive public education campaigns to prevent and combat negative social attitudes and behaviour. The Committee also recommended that the State party undertake a comprehensive survey of the number, composition and characteristics of working children in order to design and implement a comprehensive strategy to prevent and combat their exploitation, ensure the implementation of the recent law prohibiting child labour in cotton fields, and consider ratifying the ILO Conventions 138 and 182.
Colombia
Among progress achieved, the Committee noted with appreciation in the third periodic report of Colombia initiatives to combat child labour and the enactment of legislation to counteract sexual exploitation, pornography and sexual tourism with children. The Committee also welcomed the ratification of the Optional Protocols to the Convention on the involvement of children in armed conflict on 25 June 2005 and on the sale of children, child prostitution and child pornography on 11 November 2003.
The Committee was concerned that the domestic violence law of 2004 – which failed to incorporate sexual abuse on the grounds that it constituted physical abuse and as such was already covered in the Criminal Code – would have serious implications for the welfare and protection of Colombian children as it disregarded the serious nature of sexual abuse and its impact on victims. The Committee was deeply concerned that widespread discrimination existed towards certain vulnerable groups, such as displaced children, Afro-Colombian and indigenous children and children living in rural and remote areas and that their ability to access education and health facilities was severely reduced by the disproportionate allocation of resources.
The Committee expressed grave concern at the continuously high incidence of children victims of extrajudicial killings, homicides and massacres as a consequence of the armed conflict. The Committee urged Colombia to break the legacy of impunity and urgently conduct criminal investigations of human rights violations in cases whereby children had lost their lives and ensure that the perpetrators were brought to justice as a matter of the highest priority. The Committee also urged the State party to reinforce mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation of children, including within the family, schools, in institutional or other care and that it ensure that professionals working with children receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children.
Optional Protocol on the Sale of Children, Child Prostitution and
Child Pornography
Italy
The Committee welcomed the initial report of Italy and noted with appreciation Italy’s adoption of legislation on the sexual exploitation of children and child pornography, including via the Internet; a law on measures against human trafficking; and the establishment of the Interministerial Committee for the Coordination of the Fight against Paedophilia in 2002. In addition, the Committee welcomed the information provided by the delegation that Italy had recently ratified the United Nations Convention against Transnational Organized Crime and its Optional Protocols.
The Committee encouraged Italy to improve coordination in all areas covered by the Optional Protocol and to strengthen its mechanisms for the periodic evaluation of the implementation of the Protocol. It further recommended that the State party define child pornography in its national legislation, which would enable it to clearly design and implement policies.
The Committee was deeply concerned at the high rate children victims of trafficking, mainly from Eastern European countries, especially from Romania, who were at particular risk of being sexually exploited and used for the purpose of begging. The Committee recommended that the State party pay particular attention to the situation of vulnerable groups of children who were at risk of being abused and exploited. In that connection, it highly recommended that good practices such the “Centre for Combating Child Begging” in Rome should be shared with other cities. The Committee also recommended that the State Party effectively implement its guidelines for the allocation of funding and strengthen its provision of financial support particularly to NGOs in carrying out their projects.
Turkey
The Committee welcomed the submission of Turkey’s initial report and noted with appreciation the Child Protection Law (2005); the designation of the General Directorate of Social Services and Child Protection Agency as the coordinating organization responsible for monitoring and implementation of the Convention and its Optional Protocol; the amendments to the Constitution allowing for direct application of the Optional Protocol to domestic legislation; and training activities undertaken by the State party in order to enhance the awareness of the issues covered by the Optional Protocol.
While the Committee welcomed the existence of a National Plan of Action for the use of the Internet 2005-2015 and a draft law on Cyber crime, it lacked information regarding the implementation of and measures foreseen in that plan for the prevention of dissemination of child pornography via the Internet. The Committee was concerned at the reported increase of cases of sexual exploitation of children. The Committee was also concerned that there was no inclusive information available and that there were neither systematic monitoring nor complaints mechanisms in place as such. The Committee was further concerned about the lack of public discussion on the issues of sale of children, child prostitution and child pornography and that the awareness regarding these issues among the public at large was still very limited.
The Committee recommended that Turkey strengthen its efforts to develop and implement a national plan of action on the issues referred to in the Optional Protocol, including activities with regard to prevention and rehabilitation. The Committee also recommended that further resources be dedicated to awareness campaigns and also for the development of training materials and training courses with a view of establishing systematic training programmes for civil servants responsible for the implementation of the Optional Protocol. In addition, the Committee recommended that the State party make the provisions of the Optional Protocol widely known, particularly to children, through, inter alia, school curricula.
Qatar
Among the positive aspects in its consideration of the initial report of Qatar, the Committee welcomed the adoption of the new Constitution, which, among others, strengthened protections for children, provided care for young persons and protected them from exploitation and neglect. The Committee also welcomed the adoption in 2005 of the Law on Banning the Employment, Training and Participation of Children in Camel Racing and Qatar’s investments in the development of robot jockeys. The Committee also expressed its appreciation at the establishment of the Qatari House for Sheltering and Human Care, which provided protection, care and recovery for trafficked persons, including children.
The Committee was concerned that the question of sexual exploitation of children, including child pornography, was not adequately taken up for a public discussion in the Qatari society and that awareness of sexual exploitation was still insufficient. The Committee regretted the lack of statistical data on the number of children trafficked to and from Qatar, as well as in the country, and the number of reported cases of sale of children, child prostitution and child pornography. The Committee also regretted that the State party has not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000).
The Committee recommended that the State party strengthen its efforts to develop a national plan of action for children, with time bound targets. It recommended that the State party pay particular attention to combating child labour and the elimination of trafficking and sexual exploitation of children in the national plan of action, and provide a specific budget allocation and adequate follow-up mechanisms for its full implementation. It further recommended that the State party conduct research and provide comprehensive statistical data on the extent, nature and changing patterns of trafficking in children in Qatar.
Iceland
The Committee welcomed the submission of Iceland’s initial report and noted with appreciation the various measures taken by Iceland, in particular the adoption of the Children’s Act, reinforcing children’s rights; the enactment of an Act amending the General Penal Code and introducing a new definition of "trafficking in persons" and an increase in penalties for sexual offences against children; and the establishment of an office of the United Nations Children’s Fund in the country in 2003.
The Committee was concerned that there was no identifiable body to ensure a comprehensive and well-coordinated implementation of the various ministerial activities to protect the rights covered by the Optional Protocol. The Committee also regretted the lack of identifiable mechanisms for the periodic evaluation of the implementation of the Protocol. Furthermore, the Committee remained concerned at the rather low age for sexual consent (14 years), which might not provide adequate protection for children older than 14 years against sexual exploitation, the current statute of limitations in respect of sexual offences against children, and that legal persons could not be held liable for offences established in article 3, paragraph 1 of the Optional Protocol.
The Committee noted the absence of reported cases falling within the provisions of the Optional Protocol, with the exception of child pornography, and recommended that the State party undertake a study to assess the nature and extent of activities falling under the Optional Protocol and include efforts to identify unreported cases. The Committee also recommended that the State party provide financial and technical support to create a helpline specifically for child victims of violence and abuse.
Optional Protocol on the Involvement of Children in Armed Conflict
El Salvador
Among the positive aspects of the initial report of El Salvador, the Committee noted with appreciation the establishment by law of the minimum age for compulsory recruitment of 18 years and of voluntary recruitment of 16 years, with the necessary provisions to ensure that this recruitment complied with the requirements set out in the Optional Protocol; the human rights and humanitarian law courses included in the curriculum of the armed forces; and the reform under way, as announced by the delegation during the dialogue, of the Military Code and other relevant legislation to raise the minimum age of voluntary recruitment from 16 to 18 years.
The Committee recommended that El Salvador widely disseminate information on the Optional Protocol and seize the opportunity of the reform of the Armed Forces Act to hold a public debate on the topic. The Committee also recommended that the State party develop education and training programmes on the provisions of the Optional Protocol for children and all relevant professional groups working with and for children.
The Committee regretted the lack of consultation with NGOs and civil society in the drafting process of the initial State party report and recommended they participate in the drafting of further reports, in the implementation of the Optional Protocol and of the Committee’s recommendations, as well as in the legislation process.
Belgium
Following consideration of the initial report of Belgium on the implementation of the Optional Protocol, the Committee welcomed the amendment of the Criminal Code in 2003 which defined the recruitment of children under the age of 15 in the armed forces or armed groups or making them take an active part in hostilities as war crimes.
The Committee noted with appreciation the State party’s development cooperation policy, which prioritized the prevention of the involvement of children in armed conflict.
The Committee regretted that the Act of 5 August 2003 limited the extraterritorial jurisdiction in cases of serious violation of international humanitarian law, but it welcomed the fact that children who had been recruited into national armed forces or had been used for active participation in hostilities while they were under the age of 15 could obtain direct access to Belgian courts if there were a link between Belgium and the crime. However, the Committee was concerned that those provisions did not provide for the protection of other forms of recruiting in armed forces or groups or involving them in hostilities.
The Committee recommended that Belgium pay special attention to asylum-seeking, refugee and migrant children in Belgium who may have been involved in or affected by armed conflict by strengthening its efforts to identify such children at the earliest possible stage; provide them with culturally sensitive multidisciplinary assistance for their physical and psychological recovery and their social reintegration; and regularly train authorities working for and with asylum-seeking and migrant children who may have been victims of hostilities in their home country.
Italy
Following its consideration of Italy’s initial report, the Committee noted with appreciation that legislation in the State party concerning compulsory recruitment into the armed forces had been amended in 2001 to reflect the provisions of the Optional Protocol. The Committee also welcomed Italy’s international and bilateral technical cooperation activities and financial assistance aimed at preventing the involvement of children in armed conflict and assisting recovery of child victims of armed conflict and of child combatants.
The Committee recommended that the State Party explicitly prohibit by law the recruitment of children under the age of fifteen years into armed forces or groups and their direct participation in hostilities, explicitly prohibit by law the violation of the provisions of the Optional Protocol regarding the recruitment and involving of children in hostilities, and establish extra territorial jurisdiction for those crimes when they were committed by or against a person who was a citizen of or had other links with the State Party. The Committee also recommended that the State Party consider the possibility of increasing the minimum age for voluntary recruitment from 17 to 18 years.
While taking note with appreciation of the law introducing new regulations on the control of trade of weapons, the Committee was concerned at the lack of a provision prohibiting the sale of small arms and light weapons to countries where persons who had not attained the age of 18 took a direct part in hostilities, and the Committee recommended that Italy review its domestic legislation with a view to prohibiting such sales.
Canada
Among the positive aspects in Canada’s initial report on the Optional Protocol, the Committee welcomed the amendment to the National Defence Act entrenching into law the policy of the Canadian Forces of precluding persons under age 18 from being deployed into areas where hostilities were taking place or where armed combat was a possibility. The Committee also welcomed the appointment of a Special Adviser on War-Affected Children and the creation of a Child Protection Unit within the Canadian International Development Agency.
The Committee invited the State party to provide further information on the status of children attending the Royal Military College, particularly as to whether they were considered only as civilian students of a military college or already as military recruits. The Committee was concerned at the lack of information from Canada about measures taken to ensure that captured persons below 18 were treated in accordance with international standards of human rights and humanitarian law when transferred to other national authorities.
While the Committee welcomed the information that psychological and physical recovery and social reintegration of immigrant and refugee children affected by armed conflict was provided through appropriate services existing at provincial and territorial levels, the Committee encouraged the State party to continue, and strengthen where necessary, the above-mentioned services and to provide concrete information on the children who benefited from those services in its next report. It recommended that the State party make the Optional Protocol widely known, in particular to children and their parents, through, inter alia, school curricula in a child-friendly version.
Czech Republic
In its conclusions on the initial report of the Czech Republic, the Committee noted with appreciation the declaration made upon the ratification of the Optional Protocol that the minimum age for voluntary recruitment into the armed forces of the Czech republic was 18 years and that the State party contributed to the implementation of the guidelines on children and armed conflict adopted by the European Union’s General Affairs and External Relations Council in 2003.
The Committee was concerned about the current absence of an explicit criminalization of involvement of children in hostilities and the possible limitations to the criminalization of recruitment in the State party. The Committee was concerned that the State party’s dissemination and training activities regarding the Optional Protocol are limited to the armed forces. The Committee noted that a significant number of children attended army and police secondary schools and was concerned about the lack of information on complaint mechanisms available for children attending such schools.
The Committee recommended that the State party strengthen the provisions in the draft Criminal Code such that criminalization of the recruitment of children in armed forces was not limited to recruitment in times of war or armed conflict. In addition, the Committee recommended that the involvement of children in hostilities (including activities facilitating or even promoting such involvement) was explicitly made a crime subject to the principle of universality. Further, the Committee encouraged the State party to ratify the Statute of the International Criminal Court.
Iceland
Among positive aspects in its initial report, the Committee noted with appreciation Iceland’s international and bilateral technical cooperation activities aimed at preventing the involvement of children in armed conflict. The Committee also noted the ratification of the Rome Statute of the International Criminal Court on 25 May 2000 and ILO Convention No. 182 concerning the worst forms of child labour on 29 May 2000.
The Committee noted that the State party did not have armed forces and that consequently there was no legal regulation of voluntary or compulsory recruitment. The absence of armed forces did not, however, exclude the possibility of individuals or groups undertaking efforts to recruit children for foreign armed forces or groups and the Committee was concerned that the recruitment of children was not explicitly mentioned as a crime in the State party’s penal code.
The Committee noted the information on special assistance and psychological and social support to refugee children. However, the Committee regretted the lack of information on psychological and physical recovery and social reintegration of refugee, asylum-seeking and migrant children who had been involved in armed conflict. The Committee encouraged Iceland to continue, and strengthen where necessary, the above-mentioned services inside and outside Iceland and that it provide information in its next report on the subject.
General Comment on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment
Following its two General Discussion Days on violence against children, held in 2000 and 2001, the Committee on the Rights of the Child resolved to issue a series of General Comments concerning eliminating violence against children, of which this was the first. The Committee said it was issuing this General Comment to highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and to outline the legislative and other awareness-raising and educational measures that States must take. The Committee observed that addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, was not only an obligation of States parties under the Convention, it was also a key strategy for reducing and preventing all forms of violence in societies.
Corporal punishment and other cruel or degrading forms of punishment of children took place in many settings including within the home and family, in all forms of alternative care, schools and other educational institutions, justice systems – both as a sentence of the courts and as a punishment within penal and other institutions – in situations of child labour, and in the community. Article 37 of the Convention required States to ensure that: “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”. That was complemented and extended by Article 19, which required States to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” In addition, Article 28 of the Convention referred to school discipline and required States parties to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention”. While Articles 19 and 28 did not refer explicitly to corporal punishment, the Convention, like all human rights instruments, had to be regarded as a living instrument whose interpretation developed over time.
In conclusion, the Committee expected States to include in their periodic reports under the Convention information on the measures taken to prohibit and prevent all corporal punishment and other cruel or degrading forms of punishment in the family and all other settings, including on related awareness-raising activities and promotion of positive, non-violent relationships and on the State’s evaluation of progress towards achieving full respect for children’s rights to protection against all forms of violence. The Committee also encouraged United Nations agencies, national human rights institutions, NGOs and other competent bodies to provide it with relevant information on the legal status and prevalence of corporal punishment and progress towards its elimination.
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