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COMMITTEE ON RIGHTS OF CHILD CONCLUDES THIRTY-SIXTH SESSION
07 June 2004
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Committee on the
Rights of the Child 4 June 2004
ROUND-UP
Adopts Conclusions on Reports of El Salvador, Panama, Rwanda, Sao Tome and Principe, Liberia, Myanmar, Dominica, Democratic People’s Republic of Korea and France
The Committee on the Rights of the Child concluded today its thirty-sixth session and issued its conclusions and recommendations on the situation of children in El Salvador, Panama, Rwanda, Sao Tome and Principe, Liberia, Myanmar, Dominica, the Democratic People’s Republic of Korea and France whose reports on efforts to comply with the Convention on the Rights of the Child were considered this session.
The conclusions and recommendations were contained in the Committee's final report for the three-week session, which was adopted today by the Committee’s 18 Experts.
After reviewing the report of El Salvador, the Committee welcomed a number of positive developments during the reporting period relating to ratification of international conventions and adoption of legislation. The Committee recommended, among other things, that the State party strengthen current efforts to address the problem of domestic violence and child abuse; and that it take all necessary measures to address all issues of discrimination, including social discrimination and discrimination against children with disabilities.
Concerning the report of Panama, the Committee noted with appreciation the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children. It recommended, among other things, the adoption and effective implementation of adequate legislation to prevent and combat trafficking, sexual exploitation and pornography of children. It also recommended that all necessary measures be taken to ensure that indigenous children enjoyed all of their rights without discrimination.
After having considered the report of Rwanda, the Committee welcomed the adoption of the 2003 Constitution, which contained provisions on human rights, including children’s rights. It took note of the efforts made by the State party in order to re-establish the identity of a large number of children evacuated to different countries during and just after the genocide of 1994. It recommended that the State party strengthen its efforts to ensure the reunification of those children with their families.
With regard to the report of Sao Tome and Principe, the Committee welcomed the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children. It recommended, among other things, that the State party ensure the implementation of all relevant laws guaranteeing that the best interests of the child be a primary consideration in all actions concerning children. It also recommended that the State party amend current legislation to prohibit corporal punishment in all places.
Responding to the report of Liberia, the Committee found positive developments in the various measures to adopt domestic legislation as well as ratification of international conventions relating to child rights. It observed that the armed conflict in the State party had caused very severe and large-scale violations of the human rights of children. It urged the State party to undertake every measure possible to restore enjoyment by the children in Liberia of their rights as enshrined in the Convention.
In the report of Myanmar, the Committee welcomed the adoption of several laws with the view of promoting and protecting the rights of children. The Committee recommended, among other things, that the State party strengthen its efforts to systematically involve communities and other elements of civil society, including children's associations, throughout all stages of the implementation of the Convention.
Concerning the report of Dominica, the Committee noted with appreciation the adoption of various laws in order to enhance the implementation of the Convention. The Committee recommended, among other things, that the State party remove all provisions from laws that allowed corporal punishment and explicitly prohibit corporal punishment by law. It also recommended that the State party undertake effective measures to reduce the rate of teenage pregnancies.
With regard to the report of the Democratic People’s Republic of Korea, the Committee noted with appreciation the adoption of laws aimed at enhancing the implementation of the Convention. Among its recommendations, the Committee encouraged the State party to strengthen its cooperation with UN agencies and the international donor community in the area of policy planning, and to provide them with full access to all vulnerable groups. It also recommended that the State party undertake a comprehensive study to assess the nature and the extent of human trafficking, in particular involving children.
And concerning the report of France, the Committee welcomed the adoption by the State party of several laws and noted with appreciation the positive developments relating to the implementation of the Convention. The Committee urged, among other things, the State party to establish a central registry for data collection and introduce a comprehensive system of data collection incorporating all the areas covered by the Convention. It also recommended that France pursue its efforts to prevent and combat child abuse and neglect.
The Committee's next session will be held from 13 September to 1 October 2004. Scheduled for consideration are reports of Brazil, Iran, Croatia, Botswana, Antigua and Barbuda, Kyrgystan, Equatorial Guinea, Angola, and the Bahamas.
Final Conclusions on Country Reports
EL SALVADOR
After considering the second periodic report of El Salvador, the Committee welcomed a number of positive developments during the reporting period, including the entry into force in 1994 of the Family Court Procedure Act and the Family Code and the abrogation of the discriminatory distinction between legitimate, illegitimate, natural and incestuous children; the adoption in 2000 of the Equality of Opportunity for Persons with Disabilities Act; the ratification of ILO Conventions Nos. 138 (minimum age) and 182 (worst forms of child labour); the adoption of the Juvenile Offenders Act (1995); the ratification in 2002 of the optional protocol to the Convention on children in armed conflict; the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime on 18 March 2004; and of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, among others.
The Committee urged the State party to speed up the process of legislative reform to bring its legislation into conformity with the Convention. It encouraged the State party to ensure that the Law on Children and Adolescents, which had been under consideration by the Legislative Assembly since May 2002, was adopted with full participation of civil society, in particular of children, and would fully harmonize national legislation with the provisions of the Convention.
Further, the Committee urged the State party to take effective measures to address the high level of crime, violence and homicide against children, within the framework of strategies based on constitutional norms and the rights of the child enshrined in the Convention. It also recommended that the State party adopt policies which aimed at addressing the causes which gave rise to the victimization of children. In light of article 8 of the Convention, the Committee recommended that the State party assume an active role in efforts to trace the children who disappeared during the armed conflict.
The Committee recommended that the State party strengthen current efforts to address the problem of domestic violence and child abuse; take all necessary measures to address all issues of discrimination, including social discrimination and discrimination against children with disabilities in rural areas; and that it provide them with equal educational opportunities; consider the best interest of the child when negotiating trade-related intellectual property rights and implementing them into national law, and conduct an assessment of the impact of international intellectual property rights agreements on the accessibility of affordable generic medicine, with a view to ensuring children’s enjoyment of the highest attainable standard of health.
The Committee welcomed the improvement of primary health care, which had led to a decrease in infant mortality from 35 per thousand live births in 1998 to 25 per thousand live births in 2003. It recommended that the State party continue to strengthen its efforts in improving the health situation of children in the State party and eliminating all restrictions on the access to quality health services in all areas of the country.
PANAMA
Concerning the second periodic report of Panama, the Committee noted with appreciation the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children. It welcomed the ratification of a number of human rights related instruments such as the optional protocol to the Convention on the Rights of the Child on children in armed conflict and the optional protocol on the sale of children, child prostitution and child pornography; ILO Conventions No. 138 (minimum age for admission to employment) and No. 182 (worst forms of child labour) in 2000; and The Hague Convention No. 33 on the Protection of Children and Cooperation in Respect of Intercountry Adoption in 1998.
The Committee noted with satisfaction that various concerns and recommendations made upon the consideration of the State party’s initial report had been addressed through legislative measures and policies. The Committee acknowledged the legislative activities over the past five years and recommended that the State party develop and implement a comprehensive legislative policy to integrate in domestic laws the provisions and principles of the Convention. It welcomed the launch of a National Plan of Action in November 2003 and the establishment of National Council for Children and Adolescents Rights, and recommended their full implementation.
The Committee recommended that the State party, among other things, establish one independent and effective mechanism for the monitoring of the implementation of the Convention; take measures aimed at developing a culture of human rights and at changing attitudes towards children in general and in particular children belonging to indigenous groups; promote and facilitate respect for the views of children and their participation in all matters affecting them; and review the efficiency of the actual birth registration system.
While welcoming the prohibition of corporal punishment and other forms of violence against children by the adoption of Law 38, the Committee recommended that the State party take the necessary measures for the full implementation of the Law through public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment; and that it strengthen complaints mechanisms.
While noting the considerable reduction in levels of child mortality and the eradication of several communicable diseases, the Committee strongly recommended that the State party continue strengthening its efforts in health reform, in particular with regard to primary health care, ensuring accessibility of quality health care in all areas in the country, including far reaching programmes, training of local villagers on safe midwifery and providing adequate prenatal care.
The Committee recommended the adoption and effective implementation of adequate legislation to prevent and combat trafficking, sexual exploitation and pornography of children. It also recommended the provision of sufficient financial resources for the implementation of the activities promoted by the new National Committee against Commercial Sexual Exploitation.
The Committee recommended that the State party take all necessary measures to ensure that indigenous children enjoyed all of their rights without discrimination, including equal access to culturally appropriate services such as health, education, social services, housing, potable water and sanitation.
RWANDA
After having considered the second periodic report of Rwanda, the Committee welcomed the adoption of the 2003 Constitution, which contained provisions on human rights, including children’s rights; the adoption of the National Policy for Orphans and other Vulnerable Children (2003); the adoption of a National Health Policy (2002) and of the Vision 2020; the adoption of the Law 27/2001 on the Rights of the Child and Protection of Children Against Violence; the ratification of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour in 2000; and the ratification of the two optional protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
The Committee took note of the efforts made by the State party in order to re-establish the identity of a large number of children evacuated to different countries during and just after the genocide of 1994. It recommended that the State party strengthen its efforts to ensure the reunification of those children with their families by facilitating the re-establishment of their identity; and strengthen its effort in order to ensure that all children are provided with a new birth certificate and identity card.
The Committee recommended that the State party introduce legislation explicitly prohibiting corporal punishment; investigate in an effective way reported cases of ill-treatment of children by law enforcement officers and ensure that appropriate legal actions were taken against alleged offenders; adopt appropriate measures to combat torture and cruel, inhuman or degrading treatment and proceed to the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee recommended that the State party increase its efforts to prevent HIV/AIDS; strengthen its measures to prevent mother-to-child transmission, inter alia, by combining and coordinating it with activities to reduce maternal mortality, and take adequate measures to address the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to family life, adoption, emotional care and education.
The Committee recommended that the State party take all necessary measures to progressively ensure that girls and boys, from urban, rural and least developed areas, all have equal access to educational opportunities; and take necessary measures to remedy the low quality of education and to ensure better internal efficiency in the management of education; and build better infrastructure for schools and provide appropriate training for teachers and school materials. It also recommended that the State party take all necessary measures to ensure that children below the age of 18 years are not recruited in the Local Defence Forces or in any armed group proceeding to recruitment on the territory of the State party.
The Committee recommended that the State party take necessary measures for the completion of procedures against persons who allegedly committed war crimes and who were at that time below the age of 18 within 6 months; and undertake all necessary measures to ensure the establishment of juvenile courts and the appointment of trained juvenile judges in all regions of the country; and consider deprivation of liberty only as a measure of last resort and for the shortest possible period and limit by law the length of pre-trial detention.
SAO TOME AND PRINCIPE
The Committee, having considered the initial report of Sao Tome and Principe, welcomed the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children such as: Act No. 2/77 of 28 December 1997 on the family; Act. No. 6/92 of 11 June 1992 on working conditions; the criminal and civil codes, in particular articles 125 and 488 of the Civil Code on criminal liability; the revision in 2003 of Decree No. 417/71 of 29 September 1971 on legal assistance to minors; Act. No. 2/2003 on the basis of the education system; and the launching of the Programme for Single Mothers as Heads of Households.
The Committee welcomed the inclusion of provisions inspired by the Convention in the Constitution and in a number of laws relating to child rights. It encouraged further law reform, the full implementation of existing laws, and consideration of ratification of other human rights instruments, such as the 1966 Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights. It further recommended that the State party consider ratifying as a matter of priority the African Charter on the Rights and Welfare of the Child of 1990.
The Committee recommended, among other things, that the State party ensure the implementation of all relevant laws guaranteeing that the best interests of the child would be a primary consideration in all actions concerning children; strengthen its efforts to promote within the family, schools, and other institutions respect for the views of children, especially girls, and facilitate their participation in all matters affecting them; undertake national awareness-raising campaigns to change traditional authoritarian attitudes; and continue to strengthen children’s participation in councils, forums, children’s parliaments and the like.
The Committee recommended that the State party continue implementing its comprehensive strategy in order to achieve 100 per cent birth registration as soon as possible, including by cooperating with UNICEF and other international agencies. The Committee further recommended that the strategy be adapted so as to establish public service mechanisms that would ensure child birth registration in the future.
Further, the Committee recommended that the State party amend current legislation to prohibit corporal punishment in all places, including in the family, in schools and other childcare settings; amend the current legislation so as to provide a definition of what constituted ill-treatment and to prohibit such practices in all settings; 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.
The Committee welcomed the fact that the right to health care was enshrined in the Constitution; the positive result of the expanded programme of immunization; and took note of the new strategy to combat malaria. It recommended that the State party develop comprehensive policies and plans on adolescent health; promote collaboration between State agencies and non-governmental organizations in order to establish a system of formal and informal education on HIV/AIDS and sexually transmitted infections, on sex education and on family planning; and take into account the General Comment No. 3 (2003) of the Committee on HIV/AIDS and the Rights of the Child and the International Guidelines on HIV/AIDS and Human Rights in order to promote and protect the rights of children infected with and affected by HIV/AIDS.
Finally, the Committee recommended that the State party take all necessary measures to prevent and reduce all forms of early marriages, including by undertaking awareness raising campaigns concerning the various harms and negative consequences resulting from early marriages.
LIBERIA
The Committee found among positive developments in the second periodic report Liberia the formulation of a framework of a National Plan of Action for Children (2000-2015) and the comparative analysis of the articles of the Convention of the Rights of the Child and the Liberian Constitution in 2000; the establishment of a Ministry of Gender and Development with a portfolio on children’ affairs in 2001; the establishment of the National Child Rights Observatory Group in 2003 as well as of the Children Parliament in 2002; the ratification in 2003 of the ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and the comprehensive Peace Agreement signed in 2003 and the related Disarmament, Demobilization, Rehabilitation and Re-integration Programme and the Result-Focused Transition Framework identifying key priority areas with regard to the Convention of the Rights of the Child.
The Committee observed that the armed conflict in the State party had caused very severe and large-scale violations of the human rights of children. The State party faced almost overwhelming challenges rebuilding the infrastructure and the basic social services necessary for the implementation of the rights of the child. About 20,000 children had been involved in the recent armed conflict and were in urgent need of rehabilitation and social reintegration. The war led to the destruction of almost all of the schools in the country. In 2004, less than 50 per cent of children were enrolled in primary education. Those and other severe challenges for the child’s right to life, survival and development should be addressed and required major efforts from the State party for which international assistance was of crucial importance.
The Committee urged the State party to undertake every measure possible to restore enjoyment by the children in Liberia of their rights as enshrined in the Convention and make that the highest priority and have it reflected in the allocation of human and financial resources. In that regard, the State party should urge the international community (other States, UN agencies, NGOs) to meet their pledges in the most expedient manner and to further increase their financial and humanitarian assistance. The Committee wished to express its full support for such an appeal, taking into account the significant importance the Convention attached to international cooperation to assist State parties to meet their international obligations under the treaty.
The Committee urged the State party to make every effort to strengthen family tracing programmes; to plan for the effective provision of alternative care for separated children, making use of the extended family, foster care and alternative family structures; to take immediate steps to end the practice of female genital mutilation; to continue strengthening its efforts in preventing and treating the effects of HIV/AIDS; to prioritize construction and reconstruction of schools throughout the country and improve accessibility for all children, taking into account the needs of children with disabilities; to take every feasible measure to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them in society, and to strengthen its efforts to provide adequate assistance to the internally displaced children.
MYANMAR
In the second periodic report of Myanmar, the Committee welcomed the adoption of Rules and Regulations related to the Child Law in 2001; the creation of the National Human Rights Committee in 2000; Myanmar Women’s Affairs Federation in 2003, whose mandate included promotion and protection of the rights of children; National AIDS Programme and the development of the “Joint Programme for HIV/AIDS: Myanmar 2003-2005”; National Health Plan 1996-2001, which achieved high immunization coverage for a significant part of the population; “Education for All” National Action Plan; and Joint Plan of Action for the elimination of forced labour with the ILO.
The Committee recommended, among other things, that the State party strengthen its efforts to systematically involve communities and other elements of civil society, including children's associations, throughout all stages of the implementation of the Convention, including the formulation of policies and programmes, and in the drafting process of the next report to the Committee. It recommended that the State party recognize that all persons below the age of 18 are granted special protection measures and specific rights as enshrined in the Convention, and that the minimum age for criminal responsibility was raised to an internationally acceptable age. The Committee also recommended that the State party raise the minimum age for marriage for girls.
The Committee strongly recommended that the State party repeal article 66(d) of the 1993 Child Law and prohibit corporal punishment in the family, in schools and other institutions, and undertake education campaigns to educate families and professionals on alternative forms of discipline. It also recommended that the State party assess the scope, nature and causes of violence against children, in particular sexual violence against girls, with a view to adopting a comprehensive strategy on effective measures and policies, and on changing general attitudes.
The Committee recommended that the State party increase its efforts to prevent the spread of HIV/AIDS, taking into account the Committee's general comment No.3 on HIV/AIDS and the rights of children; strengthen its measures to prevent mother-to-child transmission, inter alia, through coordination with the activities aimed at reducing maternal mortality. It recommended taking adequate measures to address the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to family life, adoption, emotional care and education; and strengthen its efforts to raise awareness about HIV/AIDS among adolescents.
The Committee recommended that the State party improve the quality of the education system with a view to achieving the aims mentioned in article 29.1 of the Convention and the Committee's General Comments on the aims of education; introduce human rights, including children's rights, into the school curricula, starting at the primary level; make primary education free in practice by minimising all costs borne by parents; extend the years of the compulsory education beyond Fourth Grade to at least Sixth Grade; and strengthen its efforts to progressively ensure that girls as well as boys, from urban, rural and remote areas, and those children belonging to minority groups all have equal access to educational opportunities.
The Committee strongly recommended that the State party adopt and implement a comprehensive national plan of action to prevent and combat child labour; extend the protection from sexual exploitation and trafficking in all relevant legislation to all boys and girls below the age of 18 years; and formulate a National Plan of Action to combat trafficking.
DOMINICA
The Committee welcomed the submission of the initial report of Dominica, and noted with appreciation the Education Act No. 11 of 1997, amended in order to provide for Early Childhood Education from 0 to 5 years; the Act No. 22 of 2001 on Protection Against Domestic Violence which contained specific provisions covering various forms of violence against children; the Maintenance Act amended in 2001 to provide access to unwed fathers and also to increase the weekly maintenance fee by 50 pre cent; the Social Security Miscellaneous Amendment regulation through which maternity grant was increased by 100 per cent and was retroactive from 1996; and the ratification of the optional protocols to the Convention.
The Committee recommended, among other things, that the State party remove all provisions from laws that allowed corporal punishment and explicitly prohibit punishment by law in the family, schools and other institutions; continue the constructive dialogue with political leaders and the judiciary with the aim to abolish corporal punishment; continue to strengthen public education campaigns among community leaders, school administrators and parents about the negative consequences of corporal punishment of children; and undertake studies on domestic violence, ill-treatment and abuse of children, including sexual abuse within the family in order to adopt effective policies and programmes to combat all forms of abuse.
The Committee recommended that Dominica increase its efforts to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.
Further, the Committee recommended that the State party continue to strengthen efforts to combat discriminatory attitudes towards children with disabilities and to promote their participation in all aspects of social and cultural life; and that it formulate a strategy which would include appropriate teacher training to ensure that all children with disabilities had access to education, and wherever possible that they were integrated into the mainstream education system.
The State party was recommended to undertake effective measures to reduce the rate of teenage pregnancies through making health education, including sex education, part of the school curriculum, and strengthening the campaign of information on the use of contraceptives; and undertake effective preventive and other measures to address the rise in alcohol consumption by adolescents and increase the availability and accessibility of counselling and support services, in particular for Carib Indian children.
Finally, the Committee recommended that the State party continue and strengthen its efforts to improve the enjoyment of the rights of Carib Indian children, in particular by effective measures to reduce poverty in the Carib Indian Territory.
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
With regard to the second periodic report of the Democratic People’s Republic of Korea, the Committee noted with appreciation the adoption of laws aimed at enhancing the implementation of the Convention. It also noted the amendments made to various legislative provisions to enhance the implementation of the Convention, including the Citizenship Law (1999); the Law on Medical Care (1990); the Law on Compensation for Damages (2001); and the Inheritance Law (2002).
Among its recommendations, the Committee encouraged the State party to strengthen its cooperation with UN agencies and the international donor community in the area of policy planning, and to provide them with full access to all vulnerable groups, in particular children, and to areas which required special attention, and share information on policies and financial expenditures in the social sector.
The Committee recommended the State party to continue and strengthen all necessary measures to prevent and eliminate any form of institutional violence; and continue reinforcing public awareness campaigns to promote positive, participatory and non-violent forms of discipline as an alternative to corporal punishment at all levels of society.
Further, the Committee recommended that the State party conduct an in-depth study to find out the nature and the extent of abuse and neglect, with a view to developing a strategy to deal with the phenomenon; give attention to addressing and overcoming socio-cultural barriers associated with child abuse and neglect; ensure that child victims received appropriate support and services; and train parents, teachers and law enforcement officials in the identification and on the reporting and management of ill-treatment cases.
The Committee recommended that the State party assess and analyse the causes of children crossing the border to other countries; treat the children who returned to the State party as victims and not perpetrators of a crime; negotiate with the Chinese authorities for their safe repatriation; and provide them with the necessary support for reintegration and counselling.
On membership to the ILO, the Committee recommended that the State party consider membership in the ILO in order to be in a position to hereafter consider ratifying relevant ILO international treaties to protect persons below 18 from economic exploitation, and that it strictly apply the minimum age for access to employment.
The Committee recommended that the State party undertake a comprehensive study to assess the nature and the extent of human trafficking, in particular involving children; ensure the protection from sexual exploitation and trafficking in relevant legislation to all boys and girls below the age of 18 years, and pursue efforts to combat sexual exploitation.
Finally, the Committee recommended that the State party review its legislation and policy to ensure that all persons in conflict with the law under the age of 18 conformed entirely to international juvenile justice standards.
FRANCE
As positive developments in the second periodic of France, the Committee welcomed the ratification of the optional protocols to the Convention, as well as that of ILO Convention No. 182. The Committee noted with appreciation the positive developments relating to the implementation of the Convention, such as the adoption by the State party in recent years of numerous laws and regulations; and the measures taken to follow-up the recommendations of the Committee in particular the establishment of an Ombudsman for Children; the establishment of the Commission of Inquiry on the Rights of Child in France; and the Parliamentary Delegations on the Rights of the Child, as well as the establishment of a National Observatory for Childhood in Danger.
The Committee urged, among other things, the State party to establish a central registry for data collection and to introduce a comprehensive system of data collection incorporating all the areas covered by the Convention, adding that such a system should cover all children up to the age of 18 years, with specific emphasis on those who were particularly vulnerable. Such information should include the Overseas Departments and Territories.
The Committee recommended that the State party review legislation with a view to removing inconsistencies related to the respect for the views of the child. Furthermore, it was encouraged to continue to promote and facilitate, within the family, schools, institutions, as well as in judicial and administrative proceedings, respect for the views of children and their participation in all matters affecting them.
Referring to the new legislation of 15 March 2004 on wearing religious signs in public schools, the Committee recommended that the State party, when evaluating the effects of the legislation, use the enjoyment of children’s rights as a crucial criteria in the evaluation process and also consider alternative means, including mediation, of ensuring the secular character of public schools, while guaranteeing that individual rights were not infringed upon and that children were not excluded or marginalized from the school system and other settings as a result of such legislation. The dress code of schools might be better addressed within the public schools themselves, encouraging participation of children. The Committee further recommended that France continue to closely monitor the situation of girls being expelled from schools as a result of the new legislation and ensure they enjoyed the right of access to education.
The Committee recommended that the State party pursue its efforts to prevent and combat child abuse and neglect, to sensitize the population, including professional workers with and for children, on the magnitude of the problem with a view to preventing further occurrence and to provide adequate treatment programmes for victims of abuse and neglect.
The Committee recommended that the State party conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children; and establish or strengthen existing cooperation with the authorities of countries from which children were trafficked.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following Experts, elected by the State parties to serve in their personal capacity, have been elected to the Committee: Ibrahim Abdul Aziz Al-Sheddi (Saudi Arabia), Ghalia Mohd Bin Hamad Al-Thani (Qatar), Joyce Aluoch (Kenya), Saisuree Chutikul (Thailand), Luigi Citarella (Italy), Jacob Egbert Doek (the Netherlands), Kamel Filali (Algeria), Moushira Khattab (Egypt), Hatem Kotrane (Tunisia), Lothar Friedrich Krappmann (Germany), Yanghee Lee (Republic of Korea), Norberto Liwski (Argentina), Rosa Maria Ortiz (Paraguay), Awa N'Deye Ouedraogo (Burkina Faso), Marilia Sardenberg Goncalves (Brazil), Lucy Smith (Norway); Marjorie Taylor (Jamaica), and Nevena Vuckovic-Sahovic (Serbia and Montenegro).
Mr. Doek is the Chairperson. Ms. Aluoch, Ms. Chutikul and Ms. Sardenberg are Vice Chairpersons, and Ms. Khattab is the Rapporteur.
* *** *
Rights of the Child 4 June 2004
ROUND-UP
Adopts Conclusions on Reports of El Salvador, Panama, Rwanda, Sao Tome and Principe, Liberia, Myanmar, Dominica, Democratic People’s Republic of Korea and France
The Committee on the Rights of the Child concluded today its thirty-sixth session and issued its conclusions and recommendations on the situation of children in El Salvador, Panama, Rwanda, Sao Tome and Principe, Liberia, Myanmar, Dominica, the Democratic People’s Republic of Korea and France whose reports on efforts to comply with the Convention on the Rights of the Child were considered this session.
The conclusions and recommendations were contained in the Committee's final report for the three-week session, which was adopted today by the Committee’s 18 Experts.
After reviewing the report of El Salvador, the Committee welcomed a number of positive developments during the reporting period relating to ratification of international conventions and adoption of legislation. The Committee recommended, among other things, that the State party strengthen current efforts to address the problem of domestic violence and child abuse; and that it take all necessary measures to address all issues of discrimination, including social discrimination and discrimination against children with disabilities.
Concerning the report of Panama, the Committee noted with appreciation the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children. It recommended, among other things, the adoption and effective implementation of adequate legislation to prevent and combat trafficking, sexual exploitation and pornography of children. It also recommended that all necessary measures be taken to ensure that indigenous children enjoyed all of their rights without discrimination.
After having considered the report of Rwanda, the Committee welcomed the adoption of the 2003 Constitution, which contained provisions on human rights, including children’s rights. It took note of the efforts made by the State party in order to re-establish the identity of a large number of children evacuated to different countries during and just after the genocide of 1994. It recommended that the State party strengthen its efforts to ensure the reunification of those children with their families.
With regard to the report of Sao Tome and Principe, the Committee welcomed the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children. It recommended, among other things, that the State party ensure the implementation of all relevant laws guaranteeing that the best interests of the child be a primary consideration in all actions concerning children. It also recommended that the State party amend current legislation to prohibit corporal punishment in all places.
Responding to the report of Liberia, the Committee found positive developments in the various measures to adopt domestic legislation as well as ratification of international conventions relating to child rights. It observed that the armed conflict in the State party had caused very severe and large-scale violations of the human rights of children. It urged the State party to undertake every measure possible to restore enjoyment by the children in Liberia of their rights as enshrined in the Convention.
In the report of Myanmar, the Committee welcomed the adoption of several laws with the view of promoting and protecting the rights of children. The Committee recommended, among other things, that the State party strengthen its efforts to systematically involve communities and other elements of civil society, including children's associations, throughout all stages of the implementation of the Convention.
Concerning the report of Dominica, the Committee noted with appreciation the adoption of various laws in order to enhance the implementation of the Convention. The Committee recommended, among other things, that the State party remove all provisions from laws that allowed corporal punishment and explicitly prohibit corporal punishment by law. It also recommended that the State party undertake effective measures to reduce the rate of teenage pregnancies.
With regard to the report of the Democratic People’s Republic of Korea, the Committee noted with appreciation the adoption of laws aimed at enhancing the implementation of the Convention. Among its recommendations, the Committee encouraged the State party to strengthen its cooperation with UN agencies and the international donor community in the area of policy planning, and to provide them with full access to all vulnerable groups. It also recommended that the State party undertake a comprehensive study to assess the nature and the extent of human trafficking, in particular involving children.
And concerning the report of France, the Committee welcomed the adoption by the State party of several laws and noted with appreciation the positive developments relating to the implementation of the Convention. The Committee urged, among other things, the State party to establish a central registry for data collection and introduce a comprehensive system of data collection incorporating all the areas covered by the Convention. It also recommended that France pursue its efforts to prevent and combat child abuse and neglect.
The Committee's next session will be held from 13 September to 1 October 2004. Scheduled for consideration are reports of Brazil, Iran, Croatia, Botswana, Antigua and Barbuda, Kyrgystan, Equatorial Guinea, Angola, and the Bahamas.
Final Conclusions on Country Reports
EL SALVADOR
After considering the second periodic report of El Salvador, the Committee welcomed a number of positive developments during the reporting period, including the entry into force in 1994 of the Family Court Procedure Act and the Family Code and the abrogation of the discriminatory distinction between legitimate, illegitimate, natural and incestuous children; the adoption in 2000 of the Equality of Opportunity for Persons with Disabilities Act; the ratification of ILO Conventions Nos. 138 (minimum age) and 182 (worst forms of child labour); the adoption of the Juvenile Offenders Act (1995); the ratification in 2002 of the optional protocol to the Convention on children in armed conflict; the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime on 18 March 2004; and of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, among others.
The Committee urged the State party to speed up the process of legislative reform to bring its legislation into conformity with the Convention. It encouraged the State party to ensure that the Law on Children and Adolescents, which had been under consideration by the Legislative Assembly since May 2002, was adopted with full participation of civil society, in particular of children, and would fully harmonize national legislation with the provisions of the Convention.
Further, the Committee urged the State party to take effective measures to address the high level of crime, violence and homicide against children, within the framework of strategies based on constitutional norms and the rights of the child enshrined in the Convention. It also recommended that the State party adopt policies which aimed at addressing the causes which gave rise to the victimization of children. In light of article 8 of the Convention, the Committee recommended that the State party assume an active role in efforts to trace the children who disappeared during the armed conflict.
The Committee recommended that the State party strengthen current efforts to address the problem of domestic violence and child abuse; take all necessary measures to address all issues of discrimination, including social discrimination and discrimination against children with disabilities in rural areas; and that it provide them with equal educational opportunities; consider the best interest of the child when negotiating trade-related intellectual property rights and implementing them into national law, and conduct an assessment of the impact of international intellectual property rights agreements on the accessibility of affordable generic medicine, with a view to ensuring children’s enjoyment of the highest attainable standard of health.
The Committee welcomed the improvement of primary health care, which had led to a decrease in infant mortality from 35 per thousand live births in 1998 to 25 per thousand live births in 2003. It recommended that the State party continue to strengthen its efforts in improving the health situation of children in the State party and eliminating all restrictions on the access to quality health services in all areas of the country.
PANAMA
Concerning the second periodic report of Panama, the Committee noted with appreciation the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children. It welcomed the ratification of a number of human rights related instruments such as the optional protocol to the Convention on the Rights of the Child on children in armed conflict and the optional protocol on the sale of children, child prostitution and child pornography; ILO Conventions No. 138 (minimum age for admission to employment) and No. 182 (worst forms of child labour) in 2000; and The Hague Convention No. 33 on the Protection of Children and Cooperation in Respect of Intercountry Adoption in 1998.
The Committee noted with satisfaction that various concerns and recommendations made upon the consideration of the State party’s initial report had been addressed through legislative measures and policies. The Committee acknowledged the legislative activities over the past five years and recommended that the State party develop and implement a comprehensive legislative policy to integrate in domestic laws the provisions and principles of the Convention. It welcomed the launch of a National Plan of Action in November 2003 and the establishment of National Council for Children and Adolescents Rights, and recommended their full implementation.
The Committee recommended that the State party, among other things, establish one independent and effective mechanism for the monitoring of the implementation of the Convention; take measures aimed at developing a culture of human rights and at changing attitudes towards children in general and in particular children belonging to indigenous groups; promote and facilitate respect for the views of children and their participation in all matters affecting them; and review the efficiency of the actual birth registration system.
While welcoming the prohibition of corporal punishment and other forms of violence against children by the adoption of Law 38, the Committee recommended that the State party take the necessary measures for the full implementation of the Law through public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment; and that it strengthen complaints mechanisms.
While noting the considerable reduction in levels of child mortality and the eradication of several communicable diseases, the Committee strongly recommended that the State party continue strengthening its efforts in health reform, in particular with regard to primary health care, ensuring accessibility of quality health care in all areas in the country, including far reaching programmes, training of local villagers on safe midwifery and providing adequate prenatal care.
The Committee recommended the adoption and effective implementation of adequate legislation to prevent and combat trafficking, sexual exploitation and pornography of children. It also recommended the provision of sufficient financial resources for the implementation of the activities promoted by the new National Committee against Commercial Sexual Exploitation.
The Committee recommended that the State party take all necessary measures to ensure that indigenous children enjoyed all of their rights without discrimination, including equal access to culturally appropriate services such as health, education, social services, housing, potable water and sanitation.
RWANDA
After having considered the second periodic report of Rwanda, the Committee welcomed the adoption of the 2003 Constitution, which contained provisions on human rights, including children’s rights; the adoption of the National Policy for Orphans and other Vulnerable Children (2003); the adoption of a National Health Policy (2002) and of the Vision 2020; the adoption of the Law 27/2001 on the Rights of the Child and Protection of Children Against Violence; the ratification of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour in 2000; and the ratification of the two optional protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
The Committee took note of the efforts made by the State party in order to re-establish the identity of a large number of children evacuated to different countries during and just after the genocide of 1994. It recommended that the State party strengthen its efforts to ensure the reunification of those children with their families by facilitating the re-establishment of their identity; and strengthen its effort in order to ensure that all children are provided with a new birth certificate and identity card.
The Committee recommended that the State party introduce legislation explicitly prohibiting corporal punishment; investigate in an effective way reported cases of ill-treatment of children by law enforcement officers and ensure that appropriate legal actions were taken against alleged offenders; adopt appropriate measures to combat torture and cruel, inhuman or degrading treatment and proceed to the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee recommended that the State party increase its efforts to prevent HIV/AIDS; strengthen its measures to prevent mother-to-child transmission, inter alia, by combining and coordinating it with activities to reduce maternal mortality, and take adequate measures to address the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to family life, adoption, emotional care and education.
The Committee recommended that the State party take all necessary measures to progressively ensure that girls and boys, from urban, rural and least developed areas, all have equal access to educational opportunities; and take necessary measures to remedy the low quality of education and to ensure better internal efficiency in the management of education; and build better infrastructure for schools and provide appropriate training for teachers and school materials. It also recommended that the State party take all necessary measures to ensure that children below the age of 18 years are not recruited in the Local Defence Forces or in any armed group proceeding to recruitment on the territory of the State party.
The Committee recommended that the State party take necessary measures for the completion of procedures against persons who allegedly committed war crimes and who were at that time below the age of 18 within 6 months; and undertake all necessary measures to ensure the establishment of juvenile courts and the appointment of trained juvenile judges in all regions of the country; and consider deprivation of liberty only as a measure of last resort and for the shortest possible period and limit by law the length of pre-trial detention.
SAO TOME AND PRINCIPE
The Committee, having considered the initial report of Sao Tome and Principe, welcomed the adoption of laws and the establishment of various mechanisms aimed at protecting and promoting the rights of children such as: Act No. 2/77 of 28 December 1997 on the family; Act. No. 6/92 of 11 June 1992 on working conditions; the criminal and civil codes, in particular articles 125 and 488 of the Civil Code on criminal liability; the revision in 2003 of Decree No. 417/71 of 29 September 1971 on legal assistance to minors; Act. No. 2/2003 on the basis of the education system; and the launching of the Programme for Single Mothers as Heads of Households.
The Committee welcomed the inclusion of provisions inspired by the Convention in the Constitution and in a number of laws relating to child rights. It encouraged further law reform, the full implementation of existing laws, and consideration of ratification of other human rights instruments, such as the 1966 Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights. It further recommended that the State party consider ratifying as a matter of priority the African Charter on the Rights and Welfare of the Child of 1990.
The Committee recommended, among other things, that the State party ensure the implementation of all relevant laws guaranteeing that the best interests of the child would be a primary consideration in all actions concerning children; strengthen its efforts to promote within the family, schools, and other institutions respect for the views of children, especially girls, and facilitate their participation in all matters affecting them; undertake national awareness-raising campaigns to change traditional authoritarian attitudes; and continue to strengthen children’s participation in councils, forums, children’s parliaments and the like.
The Committee recommended that the State party continue implementing its comprehensive strategy in order to achieve 100 per cent birth registration as soon as possible, including by cooperating with UNICEF and other international agencies. The Committee further recommended that the strategy be adapted so as to establish public service mechanisms that would ensure child birth registration in the future.
Further, the Committee recommended that the State party amend current legislation to prohibit corporal punishment in all places, including in the family, in schools and other childcare settings; amend the current legislation so as to provide a definition of what constituted ill-treatment and to prohibit such practices in all settings; 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.
The Committee welcomed the fact that the right to health care was enshrined in the Constitution; the positive result of the expanded programme of immunization; and took note of the new strategy to combat malaria. It recommended that the State party develop comprehensive policies and plans on adolescent health; promote collaboration between State agencies and non-governmental organizations in order to establish a system of formal and informal education on HIV/AIDS and sexually transmitted infections, on sex education and on family planning; and take into account the General Comment No. 3 (2003) of the Committee on HIV/AIDS and the Rights of the Child and the International Guidelines on HIV/AIDS and Human Rights in order to promote and protect the rights of children infected with and affected by HIV/AIDS.
Finally, the Committee recommended that the State party take all necessary measures to prevent and reduce all forms of early marriages, including by undertaking awareness raising campaigns concerning the various harms and negative consequences resulting from early marriages.
LIBERIA
The Committee found among positive developments in the second periodic report Liberia the formulation of a framework of a National Plan of Action for Children (2000-2015) and the comparative analysis of the articles of the Convention of the Rights of the Child and the Liberian Constitution in 2000; the establishment of a Ministry of Gender and Development with a portfolio on children’ affairs in 2001; the establishment of the National Child Rights Observatory Group in 2003 as well as of the Children Parliament in 2002; the ratification in 2003 of the ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and the comprehensive Peace Agreement signed in 2003 and the related Disarmament, Demobilization, Rehabilitation and Re-integration Programme and the Result-Focused Transition Framework identifying key priority areas with regard to the Convention of the Rights of the Child.
The Committee observed that the armed conflict in the State party had caused very severe and large-scale violations of the human rights of children. The State party faced almost overwhelming challenges rebuilding the infrastructure and the basic social services necessary for the implementation of the rights of the child. About 20,000 children had been involved in the recent armed conflict and were in urgent need of rehabilitation and social reintegration. The war led to the destruction of almost all of the schools in the country. In 2004, less than 50 per cent of children were enrolled in primary education. Those and other severe challenges for the child’s right to life, survival and development should be addressed and required major efforts from the State party for which international assistance was of crucial importance.
The Committee urged the State party to undertake every measure possible to restore enjoyment by the children in Liberia of their rights as enshrined in the Convention and make that the highest priority and have it reflected in the allocation of human and financial resources. In that regard, the State party should urge the international community (other States, UN agencies, NGOs) to meet their pledges in the most expedient manner and to further increase their financial and humanitarian assistance. The Committee wished to express its full support for such an appeal, taking into account the significant importance the Convention attached to international cooperation to assist State parties to meet their international obligations under the treaty.
The Committee urged the State party to make every effort to strengthen family tracing programmes; to plan for the effective provision of alternative care for separated children, making use of the extended family, foster care and alternative family structures; to take immediate steps to end the practice of female genital mutilation; to continue strengthening its efforts in preventing and treating the effects of HIV/AIDS; to prioritize construction and reconstruction of schools throughout the country and improve accessibility for all children, taking into account the needs of children with disabilities; to take every feasible measure to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them in society, and to strengthen its efforts to provide adequate assistance to the internally displaced children.
MYANMAR
In the second periodic report of Myanmar, the Committee welcomed the adoption of Rules and Regulations related to the Child Law in 2001; the creation of the National Human Rights Committee in 2000; Myanmar Women’s Affairs Federation in 2003, whose mandate included promotion and protection of the rights of children; National AIDS Programme and the development of the “Joint Programme for HIV/AIDS: Myanmar 2003-2005”; National Health Plan 1996-2001, which achieved high immunization coverage for a significant part of the population; “Education for All” National Action Plan; and Joint Plan of Action for the elimination of forced labour with the ILO.
The Committee recommended, among other things, that the State party strengthen its efforts to systematically involve communities and other elements of civil society, including children's associations, throughout all stages of the implementation of the Convention, including the formulation of policies and programmes, and in the drafting process of the next report to the Committee. It recommended that the State party recognize that all persons below the age of 18 are granted special protection measures and specific rights as enshrined in the Convention, and that the minimum age for criminal responsibility was raised to an internationally acceptable age. The Committee also recommended that the State party raise the minimum age for marriage for girls.
The Committee strongly recommended that the State party repeal article 66(d) of the 1993 Child Law and prohibit corporal punishment in the family, in schools and other institutions, and undertake education campaigns to educate families and professionals on alternative forms of discipline. It also recommended that the State party assess the scope, nature and causes of violence against children, in particular sexual violence against girls, with a view to adopting a comprehensive strategy on effective measures and policies, and on changing general attitudes.
The Committee recommended that the State party increase its efforts to prevent the spread of HIV/AIDS, taking into account the Committee's general comment No.3 on HIV/AIDS and the rights of children; strengthen its measures to prevent mother-to-child transmission, inter alia, through coordination with the activities aimed at reducing maternal mortality. It recommended taking adequate measures to address the impact upon children of the HIV/AIDS-related deaths of parents, teachers and others, in terms of children's reduced access to family life, adoption, emotional care and education; and strengthen its efforts to raise awareness about HIV/AIDS among adolescents.
The Committee recommended that the State party improve the quality of the education system with a view to achieving the aims mentioned in article 29.1 of the Convention and the Committee's General Comments on the aims of education; introduce human rights, including children's rights, into the school curricula, starting at the primary level; make primary education free in practice by minimising all costs borne by parents; extend the years of the compulsory education beyond Fourth Grade to at least Sixth Grade; and strengthen its efforts to progressively ensure that girls as well as boys, from urban, rural and remote areas, and those children belonging to minority groups all have equal access to educational opportunities.
The Committee strongly recommended that the State party adopt and implement a comprehensive national plan of action to prevent and combat child labour; extend the protection from sexual exploitation and trafficking in all relevant legislation to all boys and girls below the age of 18 years; and formulate a National Plan of Action to combat trafficking.
DOMINICA
The Committee welcomed the submission of the initial report of Dominica, and noted with appreciation the Education Act No. 11 of 1997, amended in order to provide for Early Childhood Education from 0 to 5 years; the Act No. 22 of 2001 on Protection Against Domestic Violence which contained specific provisions covering various forms of violence against children; the Maintenance Act amended in 2001 to provide access to unwed fathers and also to increase the weekly maintenance fee by 50 pre cent; the Social Security Miscellaneous Amendment regulation through which maternity grant was increased by 100 per cent and was retroactive from 1996; and the ratification of the optional protocols to the Convention.
The Committee recommended, among other things, that the State party remove all provisions from laws that allowed corporal punishment and explicitly prohibit punishment by law in the family, schools and other institutions; continue the constructive dialogue with political leaders and the judiciary with the aim to abolish corporal punishment; continue to strengthen public education campaigns among community leaders, school administrators and parents about the negative consequences of corporal punishment of children; and undertake studies on domestic violence, ill-treatment and abuse of children, including sexual abuse within the family in order to adopt effective policies and programmes to combat all forms of abuse.
The Committee recommended that Dominica increase its efforts to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.
Further, the Committee recommended that the State party continue to strengthen efforts to combat discriminatory attitudes towards children with disabilities and to promote their participation in all aspects of social and cultural life; and that it formulate a strategy which would include appropriate teacher training to ensure that all children with disabilities had access to education, and wherever possible that they were integrated into the mainstream education system.
The State party was recommended to undertake effective measures to reduce the rate of teenage pregnancies through making health education, including sex education, part of the school curriculum, and strengthening the campaign of information on the use of contraceptives; and undertake effective preventive and other measures to address the rise in alcohol consumption by adolescents and increase the availability and accessibility of counselling and support services, in particular for Carib Indian children.
Finally, the Committee recommended that the State party continue and strengthen its efforts to improve the enjoyment of the rights of Carib Indian children, in particular by effective measures to reduce poverty in the Carib Indian Territory.
DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
With regard to the second periodic report of the Democratic People’s Republic of Korea, the Committee noted with appreciation the adoption of laws aimed at enhancing the implementation of the Convention. It also noted the amendments made to various legislative provisions to enhance the implementation of the Convention, including the Citizenship Law (1999); the Law on Medical Care (1990); the Law on Compensation for Damages (2001); and the Inheritance Law (2002).
Among its recommendations, the Committee encouraged the State party to strengthen its cooperation with UN agencies and the international donor community in the area of policy planning, and to provide them with full access to all vulnerable groups, in particular children, and to areas which required special attention, and share information on policies and financial expenditures in the social sector.
The Committee recommended the State party to continue and strengthen all necessary measures to prevent and eliminate any form of institutional violence; and continue reinforcing public awareness campaigns to promote positive, participatory and non-violent forms of discipline as an alternative to corporal punishment at all levels of society.
Further, the Committee recommended that the State party conduct an in-depth study to find out the nature and the extent of abuse and neglect, with a view to developing a strategy to deal with the phenomenon; give attention to addressing and overcoming socio-cultural barriers associated with child abuse and neglect; ensure that child victims received appropriate support and services; and train parents, teachers and law enforcement officials in the identification and on the reporting and management of ill-treatment cases.
The Committee recommended that the State party assess and analyse the causes of children crossing the border to other countries; treat the children who returned to the State party as victims and not perpetrators of a crime; negotiate with the Chinese authorities for their safe repatriation; and provide them with the necessary support for reintegration and counselling.
On membership to the ILO, the Committee recommended that the State party consider membership in the ILO in order to be in a position to hereafter consider ratifying relevant ILO international treaties to protect persons below 18 from economic exploitation, and that it strictly apply the minimum age for access to employment.
The Committee recommended that the State party undertake a comprehensive study to assess the nature and the extent of human trafficking, in particular involving children; ensure the protection from sexual exploitation and trafficking in relevant legislation to all boys and girls below the age of 18 years, and pursue efforts to combat sexual exploitation.
Finally, the Committee recommended that the State party review its legislation and policy to ensure that all persons in conflict with the law under the age of 18 conformed entirely to international juvenile justice standards.
FRANCE
As positive developments in the second periodic of France, the Committee welcomed the ratification of the optional protocols to the Convention, as well as that of ILO Convention No. 182. The Committee noted with appreciation the positive developments relating to the implementation of the Convention, such as the adoption by the State party in recent years of numerous laws and regulations; and the measures taken to follow-up the recommendations of the Committee in particular the establishment of an Ombudsman for Children; the establishment of the Commission of Inquiry on the Rights of Child in France; and the Parliamentary Delegations on the Rights of the Child, as well as the establishment of a National Observatory for Childhood in Danger.
The Committee urged, among other things, the State party to establish a central registry for data collection and to introduce a comprehensive system of data collection incorporating all the areas covered by the Convention, adding that such a system should cover all children up to the age of 18 years, with specific emphasis on those who were particularly vulnerable. Such information should include the Overseas Departments and Territories.
The Committee recommended that the State party review legislation with a view to removing inconsistencies related to the respect for the views of the child. Furthermore, it was encouraged to continue to promote and facilitate, within the family, schools, institutions, as well as in judicial and administrative proceedings, respect for the views of children and their participation in all matters affecting them.
Referring to the new legislation of 15 March 2004 on wearing religious signs in public schools, the Committee recommended that the State party, when evaluating the effects of the legislation, use the enjoyment of children’s rights as a crucial criteria in the evaluation process and also consider alternative means, including mediation, of ensuring the secular character of public schools, while guaranteeing that individual rights were not infringed upon and that children were not excluded or marginalized from the school system and other settings as a result of such legislation. The dress code of schools might be better addressed within the public schools themselves, encouraging participation of children. The Committee further recommended that France continue to closely monitor the situation of girls being expelled from schools as a result of the new legislation and ensure they enjoyed the right of access to education.
The Committee recommended that the State party pursue its efforts to prevent and combat child abuse and neglect, to sensitize the population, including professional workers with and for children, on the magnitude of the problem with a view to preventing further occurrence and to provide adequate treatment programmes for victims of abuse and neglect.
The Committee recommended that the State party conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children; and establish or strengthen existing cooperation with the authorities of countries from which children were trafficked.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following Experts, elected by the State parties to serve in their personal capacity, have been elected to the Committee: Ibrahim Abdul Aziz Al-Sheddi (Saudi Arabia), Ghalia Mohd Bin Hamad Al-Thani (Qatar), Joyce Aluoch (Kenya), Saisuree Chutikul (Thailand), Luigi Citarella (Italy), Jacob Egbert Doek (the Netherlands), Kamel Filali (Algeria), Moushira Khattab (Egypt), Hatem Kotrane (Tunisia), Lothar Friedrich Krappmann (Germany), Yanghee Lee (Republic of Korea), Norberto Liwski (Argentina), Rosa Maria Ortiz (Paraguay), Awa N'Deye Ouedraogo (Burkina Faso), Marilia Sardenberg Goncalves (Brazil), Lucy Smith (Norway); Marjorie Taylor (Jamaica), and Nevena Vuckovic-Sahovic (Serbia and Montenegro).
Mr. Doek is the Chairperson. Ms. Aluoch, Ms. Chutikul and Ms. Sardenberg are Vice Chairpersons, and Ms. Khattab is the Rapporteur.
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