COMMITTEE ON RIGHTS OF CHILD CONCLUDES TWENTY-FIRST SESSION

ROUND-UP RELEASE

HR/CRC/99/36
4 June 1999






Issues Final Observations and Recommendations on Reports
of Barbados, St. Kitts and Nevis, Honduras, Benin, Chad, and Nicaragua


The Committee on the Rights of the Child concluded its three-week spring session this morning by issuing comments and recommendations on reports submitted to it by Barbados, St. Kitts and Nevis, Honduras, Benin, Chad and Nicaragua.

The six countries, in keeping with their obligations as States parties to the Convention on the Rights of the Child, presented to the Committee over the course of the session written and oral summaries of their efforts to promote and protect children's rights. The countries also sent official delegations to answer questions and hear the opinions of the Committee's 10 independent experts.

Virtually all of these nations cited concern that "structural-adjustment" programmes intended to pay off foreign debt or to meet changing international economic circumstances were hindering Government social spending, including spending on child-related matters.

The Committee recommended, among other things, that steps be taken in Barbados to address problems of early parenthood, single parenthood, and high rates of adolescent pregnancy and abortion; that higher levels of involvement of fathers be sought in the upbringing of children; and that efforts be made to change cultural attitudes about corporal punishment. It said positive aspects of the report of Barbados included establishment of a National Committee for Monitoring the Rights of the Child and increased coordination of children's programmes under a new Ministry of Social Transformation.

The Committee suggested, among other things, that a study be made in St. Kitts and Nevis of the impact on children of "visiting relationships"; that budgetary allocations be prioritized to ensure that the maximum extent of available resources were made available for the promotion and protection of the situation of children; that the age of criminal responsibility be brought into line with the standards of the Convention; and that efforts be made to protect children from exposure to harmful information, including violence and pornography. The Committee complimented the country, among other things, for a 100 per cent immunization rate.


The panel called for further measures to reduce economic and social disparities in Honduras and to prevent discrimination against the most disadvantaged groups of children there, such as girls, children with disabilities, children belonging to indigenous and ethnic groups, children living or working on the streets, and children living in rural areas; and urged greater efforts to change prevailing cultural attitudes and traditional practices which amounted to gender discrimination. The Committee cited a number of positive aspects to the Honduran report, including prohibition of military service for persons younger than 18, enactment of a Children and Adolescents Code, and appointment of a network of municipal children's defenders.

It recommended that measures be taken to prevent and discourage infanticide in Benin, as, despite State efforts, it continued to be practised, particularly in rural communities and against infants with disabilities; and that Government efforts be augmented to prevent the practice of female genital mutilation, sale and trafficking of girls, particularly in rural communities, and corporal punishment. It cited as positive the Government's translation of the Convention into seven local languages and implementation of a new school policy intended to increase attendance by girls.

The Committee urged that the minimum age of marriage for girls of 14 in Chad be increased and that awareness-raising campaigns be carried out on the negative effects of early marriage; that more be done to eliminate discrimination against vulnerable groups of children, especially girls; and that further steps be taken to end such harmful traditional practices as female genital mutilation, corporal punishment, and "intra-family" adoptions. It remarked on several positive developments in the country, including achievement of a political settlement ending the long-running civil conflict, attempts to involve customary and religious leaders in implementation of child rights, and establishment of a technical unit to encourage schooling for girls.

And it recommended that minimum legal ages for work and compulsory education in Nicaragua be harmonized and brought into conformity with the Convention; that the legal age of marriage be raised and equalized between boys and girls; that more be done to reduce economic, social and regional disparities affecting children; and that programmes and rehabilitation measures be set up to prevent and combat child abuse and ill-treatment within the family, at school, and within the juvenile-justice system. The Committee cited a long list of positive developments in Nicaragua, noting with appreciation that many had come in response to Committee recommendations. Among the positive aspects were constitutional status given to the Convention; enactment of a Code on Children and Adolescents; strengthening of the monitoring role of the National Commission for the Promotion and Defence of the Rights of Children; programmes for health care and nutrition; programmes for training of professionals working with children; and establishment of a network of defenders of children and municipal commissions on children.

The Committee's next session will be held from 20 September to 8 October. At its twenty-second session, the panel is scheduled to review reports from Venezuela, the Russian Federation, Vanuatu, Mexico, Mali, and the Netherlands.

Concluding observations and recommendations on country reports

The Committee said positive aspects of the situation in Barbados included establishment of a National Committee for Monitoring the Rights of the Child, increased coordination of children's programmes under a new Ministry of Social Transformation, and a forthcoming Penal Reform Act that would raise the age of criminal responsibility from 7 to 11 years.

The panel noted that an obstacle impeding implementation of the Convention was that "recent international economic trends and policy decisions are a subject of concern for all Caribbean States and create pressure on the State party to adopt economic restructuring policies which may have a negative impact on social and economic development."

The Committee recommended, among other things:

-- that a planned review of existing legislation be carried out in full to ensure compliance of domestic laws with the principles of the Convention;

-- that careful consideration be given to providing adequate resources to -- and to defining the roles and responsibilities of -- the new Ministry of Social Transformation, the Child Care Board, and the National Committee for Monitoring the Rights of the Child;

-- that data collection and analysis of child-related matters, including child-specific budget data, be extended and improved, and that technical assistance be sought to do so;

-- that every effort be made to prevent economic restructuring policies from having a negative effect on children;

-- that existing legislation be reviewed to increase protections accorded to persons under age 18;

-- that further efforts be made to avoid discrimination in matters of education, as currently free education was offered only to citizens or permanent residents;

-- that, in light of academic underachievement among boys and high rates of suicide or attempted suicide among girls, efforts be increased to address discrimination arising from the "inappropriate socialization" of boys and girls into "inappropriate gender roles and the resulting determination of social attitudes concerning children based on gender";

-- that flogging be eliminated as a judicial sentence and as a disciplinary measure in the prison system and that corporal punishment be abolished as a method of discipline in schools and that efforts be made to educate the public so that corporal punishment and child abuse in the home were reduced;

-- that continuing attention be given to the risks of early parenthood and single parenthood and that higher levels of involvement of fathers be sought in the upbringing of children;

-- that, in light of high levels of adolescent pregnancy and abortion and rising caseloads of HIV/AIDS, efforts be increased to provide adolescent health services and that adolescents be able to have access to medical advice and treatment without parental consent in accordance with their age and maturity;

-- that educational reform be augmented and that careful study be made of the impact of secondary-school entrance exams at age 11;

-- that legal offenders between 16 and 18 years of age, who now were dealt with by adult criminal courts and could be grouped with prisoners up to age 23, be given full status as juveniles; that a more flexible sentencing system be implemented for juvenile offenders; that efforts be made to avoid criminalization of "behavioural problems" such as "talking back" or "wandering without proper guardianship"; and that the age of criminal responsibility, soon to be raised to 11 years, be raised still further.

Among positive aspects to the report of St. Kitts and Nevis, the Committee noted law reform, establishment of a primary-school nutrition programme, policies for readmission of teen mothers to the regular school system, and 100 per cent immunization and relatively low malnutrition and infant and maternal mortality rates.

The panel noted that hurricanes in 1995 and 1998 had caused great damage to the country's two islands and had affected the situation of children.

It recommended, among other things:

-- that domestic legislation be brought into line with the standards of the Convention;

-- that the Government consider acceding to other major international human-rights instruments;

-- that efforts to coordinate State policy in children's matters be strengthened, that implementation of a National Plan of Action on Children use a rights-based rather an a welfare-focused approach, and that adequate monitoring mechanisms for child rights be introduced;

-- that a central registry for data collection be set up and a comprehensive system of data collection be established incorporating all areas covered by the Convention, with specific emphasis on vulnerable children;

-- that an independent mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations;

-- that budgetary allocations be prioritized to ensure that the maximum extent of available resources were made available for the promotion and protection of the situation of children;

-- that the age of criminal responsibility be brought into line with the standards of the Convention;

-- that efforts be made to protect children from exposure to harmful information, including violence and pornography;

-- that in light of the large number of single-parent families and the large number of so-called "visiting relationships", that efforts be increased to develop family education and awareness of child rights and needs and that training be carried out especially for parents in visiting and common-law relationships on parental guidance and joint parental responsibilities; and that a study be made of the impact on children of visiting relationships;

-- that a study be made of the situation of boys within the family environment and their susceptibility to placement in alternative and/or foster care;

-- that studies be made of domestic violence, ill-treatment and sexual abuse in an effort to shape effective responses to these problems; and that such abuses be investigated within a child-friendly judicial procedure giving due respect to the right to privacy of the child, and that child victims be given proper physical and psychological rehabilitation;

-- that programmes on adolescent health and counselling and reproductive health education be strengthened, including the promotion of male acceptance of the use of contraceptives;

-- that policies and programmes be adopted to reduce the incidence of infant mortality and to promote proper breast-feeding and weening practices among teen mothers;

-- that educational programmes be reviewed to ensure that students received an adequate mix of academics and life skills, including decision-making and conflict-resolution skills;

-- that monitoring be done of labour laws to protect children from economic exploitation, particularly in the informal sector;

-- that all appropriate measures be taken to protect children from illicit use of narcotic drugs and to prevent the use of children in the illicit production and trafficking of such substances;

-- and that a number of reforms be undertaken of the juvenile-justice system, including adoption of standards in the Convention and other relevant international instruments; that children be deprived of liberty only as a measure of last resort; that training programmes be introduced for all professionals involved with the system of juvenile justice; and that all necessary measures be taken to prohibit the use of corporal punishment within the juvenile-justice system.

A number of aspects of the report of Honduras drew the Committee's approval, including Constitutional reform endorsing the mandate of the Office of the National Commissioner for Human Rights; abolition of mandatory military service and prohibition of military service for persons younger than 18; enactment of a Children and Adolescents Code; appointment of a network of municipal children's defenders; enactment of a Law Against Domestic Violence; and reforms made to the Penal Code.

It was noted that Hurricane Mitch had caused serious damage to the country in 1998, had harmed the most vulnerable sectors of the population, and had hindered efforts to advance the well-being of children. The Committee also acknowledged that "severe economic constraints" due to structural-adjustment programmes and external debt were limiting Government funding of social programmes.

The Committee recommended, among other things:

-- that the Honduran Institute of Children and the Family (INHFA) be provided with adequate resources to perform its mandate in an effective manner;

-- that data collection on children's issues be improved, with special emphasis on vulnerable groups;

-- that special emphasis be placed on disseminating the Convention among indigenous and ethnic groups and in rural and remote areas;

-- that despite structural adjustment programmes, measures be undertaken to the maximum extent possible to ensure that sufficient budgetary allocations were provided for social services for children, and in particular to children in vulnerable situations, as the situation of widespread poverty
in the country and wide disparities in income were having a continued negative impact on Honduran children;

-- that domestic legislation be brought further into conformity with the standards of the Convention;

-- that further measures be taken to reduce economic and social disparities and to prevent discrimination against the most disadvantaged groups of children, such as girls, children with disabilities, children belonging to indigenous and ethnic groups, children living or working on the streets, and children living in rural areas; and that greater efforts be made to change prevailing cultural attitudes and traditional practices which amounted to a form of gender discrimination;

-- that greater efforts be made to change traditional perceptions regarding children as objects and not as subjects of rights;

-- that measures be augmented to ensure birth registration of all children, including in rural areas;

-- that programmes and rehabilitation measures be set up to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large, and that law enforcement be strengthened with respect to such crimes;

-- that more concerted efforts be taken to combat malnutrition;

-- that a multidisciplinary study be undertaken to determine the scope of adolescent health problems as a basis for promoting effective policies and strengthening reproductive health education and counselling services;

-- that further steps be taken to ensure the rights of children with disabilities and to develop alternative measures to their institutionalization;

-- that geographical disparities in access to education be reduced;

-- that further legislation be enacted to protect the rights of refugees;

-- that work continue on a national plan to eradicate child labour, that the situation of children involved in hazardous labour be given special attention, and that the Government continue to enforce child-labour laws in the "maquila" industry;

-- that more be done to protect and rehabilitate street children and to prevent others from becoming street children;

-- that a comprehensive study be carried out on sexual commercial exploitation of children;

-- and that further steps be taken to ensure full compatibility of the juvenile-justice system with the standards of the Convention.

The Committee remarked on several positive developments in Benin, including translation of the Convention into seven local languages, implementation of a new school policy intended to increase attendance by girls, and efforts to prevent child labour.


It noted that the country's structural-adjustment programme and increasing levels of poverty and unemployment had had a negative impact on children.

It recommended, among other things:

-- that domestic legislation be reviewed fully to bring it into conformity with the standards of the Convention;

-- that existing monitoring mechanisms incorporate a "child-rights focus";

-- that data collection on children's matters be reviewed to incorporate all areas covered by the Convention;

-- that, despite the impact of economic policies and the country's structural-adjustment programme, the Government prioritize budgetary allocations to ensure implementation of the economic, social and cultural rights of children to the maximum extent of available resources;

-- that training-sensitization programmes on the Convention be reinforced for professional groups working with children;

-- that the low minimum legal age of marriage for girls of 15 years under the Civil Code and 14 years under the Dahomey Code of Customary Law be reviewed, along with legal ages for criminal responsibility, in order to bring them into conformity with the Convention;

-- that efforts to prevent discrimination be augmented, particularly for vulnerable groups such as children with disabilities, Vidomegon children, girls, children living in remote rural areas, children living in extreme poverty, children living or working on the street, refugee and asylum-seeking children, children in the juvenile-justice system, children born out of wedlock, children of incestuous relations, and institutionalized children;

-- that measures be taken to prevent and discourage infanticide, as, despite State efforts, it continued to be practised, particularly in rural communities and against infants with disabilities;

-- that birth registration be increased, as many children still were not registered;

-- that measures be reinforced to raise awareness of the negative effects of corporal punishment and ensure that discipline in families, schools and all institutions was administered in a manner consistent with a child's dignity;

-- that Government efforts to discourage abandonment of children be increased;

-- that proper monitoring procedures be introduced to prevent abuse of the practice of informal adoption;

-- that cases of domestic violence and ill-treatment and abuse of children be investigated properly, within a child-friendly judicial procedure;

-- that appropriate resources be allocated to improve the health situation of children, facilitate greater access to primary health care, reduce the incidence of maternal, child and infant mortality, and prevent and combat malnutrition, particularly among vulnerable groups of children;

-- that adolescent health policies be promoted, particularly to prevent accidents, suicide, and violence, and to strengthen reproductive health education and counselling services, and that a comprehensive study be made of adolescent health problems, including the negative impact of early pregnancy as well as of such special problems as infection with HIV/AIDS;

-- that efforts be strengthened to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of girls;

-- that efforts be continued to promote school attendance among girls, as some children, including those living in poverty and in remote rural areas, still did not have access to education;

-- that more be done to protect refugee, asylum-seeking, and unaccompanied children;

-- that labour laws be enforced and monitoring improved to protect children from economic exploitation, especially those engaged as domestic workers, agricultural labourers, and apprentices;

-- that laws be strengthened and awareness raised, particularly in rural communities, to prevent sale and trafficking of children, particularly girls, as the Committee was concerned at the increasing incidence of such practices;

-- that steps be taken to rectify the absence of juvenile courts in some regions and the overcrowding of detention facilities and the holding of minors in adult detention centres; and that the Government consider deprivation of liberty of children only as a measure of last resort, and for the shortest possible time.

Among positive aspects to the situation in Chad, the Committee cited the achievement of a political settlement ending the country's long-running civil conflict; attempts to involve customary and religious leaders in implementation of child rights; preparation of a National Programme for Persons with Disabilities; and establishment of a technical unit to encourage schooling for girls.

Among factors impeding implementation of the Convention, the Committee acknowledged that Chad was among the least-developed countries in the world, that implementation of structural-adjustment programmes was having a negative effect, and that a legacy of violence had been left by decades of war.

The Committee recommended, among other things;

-- that all legislation be reviewed to bring it into conformity with the Convention;

-- that a Governmental mechanism be established to coordinate implementation of the Convention, and that a monitoring mechanism for child rights be set up;

-- that data collection be improved and made more comprehensive;

-- that budget allocations for child rights be ensured to the maximum extent of available resources, despite the country's economic difficulties;

-- that the minimum age of marriage of girls of 14 be increased to bring it into conformity with the standards of the Convention and that

awareness-raising campaigns be carried out on the negative effects of early marriage;

-- that more be done to eliminate discrimination against vulnerable groups of children, especially girls;

-- that measures be taken to ensure birth registration for all children;

-- that the Government consider ratifying the Convention against Torture;

-- that alternative-care centres be established for children deprived of a family environment;

-- that legal provisions on domestic adoption be strengthened, as the Committee was concerned about the widespread traditional practice of "intra-family" adoption;

-- that measures be taken to prevent and combat ill-treatment of children, including domestic violence and sexual abuse;

-- that steps be taken to eliminate corporal punishment as a method of discipline and that international assistance be sought to overcome traditional social and religious attitudes regarding corporal punishment;

-- that efforts be increased to make basic health care, safe water and sanitation accessible to all children, and that concerted efforts be made to combat malnutrition;

-- that international assistance be sought to set up programmes to treat children infected with HIV/AIDS;

-- that measures be strengthened to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of children;

-- that a study be carried out to determine the scope of adolescent health problems, including the negative impact of early pregnancy and illegal abortion;

-- that measures be undertaken to improve the quality and access to education, especially for the most vulnerable groups of children, and to reinforce training programmes for teachers;

-- that priority be given to prevention of sexual abuse and exploitation and that perpetrators be appropriately sanctioned, as the Committee was concerned by family preference for negotiated settlements of incidents of such abuse of girls by teachers;

-- that efforts be increased to prevent violence in schools, including bullying;

-- that adequate protection be provided to refugee children;

-- that legislation banning recruitment of children under 18 into the armed forces be enforced, and that efforts be redoubled to rehabilitate former child soldiers;

-- that plans to build facilities to separate juvenile offenders from adults be fully carried out;

-- and that child labour laws be enforced and penalties imposed for violations, as the Committee was concerned at the large number of children involved in labour activities, including in the informal sector.

The Committee lauded numerous positive developments in Nicaragua, noting with appreciation that many of them had been taken in response to Committee recommendations on the occasion of Nicaragua's initial report. The panel cited, among other things, the constitutional status given to the Convention; enactment of a Code on Children and Adolescents; strengthening of the monitoring role of the National Commission for the Promotion and Defence of the Rights of Children; programmes for health care and nutrition; programmes for training of professionals working with children; establishment of a network of defenders of children and municipal commissions on children; establishment of a Nicaraguan Institute for Women and a national commission to combat violence against women; steps to eradicate child labour; and enactment of legislation for a system of juvenile justice.

The Committee remarked that among factors impeding implementation of the Convention in Nicaragua were the damage caused by Hurricane Mitch in 1998, widespread poverty and wide disparities in income, and severe economic constraints "due in particular to the implementation of structural adjustment programmes and external debt."

It recommended, among other things:

-- that full implementation be carried out of the new Code on Children and Adolescents and that legislative reform be continued to ensure conformity with the Convention;

-- that a comprehensive revision be made of the mandates and activities of all Governmental institutions working on children's issues to maximize financial and human resources and to improve the efficiency of these institutions;

-- that efforts be continued to appoint the appropriate authorities to the still-vacant Office of Human Rights Ombudsman;

-- that efforts to disseminate the Convention be continued, especially among indigenous groups and in rural and remote areas;

-- that sufficient budgetary allocations be provided for social services for children and particularly for vulnerable or marginalized children, to the maximum extent of available resources, and that the Government continue efforts to reduce external debt;

-- that minimum legal ages for work and compulsory education be harmonized by raising the latter to bring it into conformity with the Convention, and that the legal age of marriage be raised and equalized between boys and girls;

-- that more be done to reduce economic, social and regional disparities affecting children, including between urban and rural areas and to prevent discrimination against the most disadvantage groups of children;

-- that measures be continued to ensure immediate registration of all births, including in rural areas and among indigenous communities;

-- that steps be taken to protect children from harmful information, to guarantee their access to appropriate information, and their right to privacy, and that judicial mechanisms be reinforced to deal with complaints

of police brutality, ill-treatment and abuse of children, and that such cases be duly investigated;

-- that efforts be augmented to address issues such as family disintegration, adolescent pregnancies and violence within the family;

-- that steps be continued to establish alternative measures to institutional care of children;

-- that programmes and rehabilitation measures be set up to prevent and combat child abuse and ill-treatment within the family, at school, and within the juvenile-justice system;

-- that more be done to ensure access to basic health services and to combat malnutrition, as the Committee noted that further efforts were needed in rural areas;

-- that comprehensive steps be taken to prevent disabilities and to set up alternative measures to institutionalization of children with disabilities;

-- that more be done to prevent children from dropping out of school and to eradicate urban-rural disparities in school enrollment and attendance;

-- that all necessary measures be taken to protect children from landmines;

-- that more be undertaken to guarantee the rights of indigenous children, with special emphasis on their health and education;

-- that a national plan for elimination of child labour be fully implemented;

-- that steps be continued to protect and rehabilitate street children;

-- and that conditions be improved for children living in prisons and detention centres, that correctional centres for children in conflict with the law be developed, that steps be taken to ensure violence was not used against children by law-enforcement officers, and that efforts be made to ensure that deprivation of liberty of children was used only as a measure of last resort.

Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention makes States which accept it legally accountable for their actions towards children. Work on its drafting began in 1979 -- the International Year of the Child -- at the Commission on Human Rights.

The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.

Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that: every child has the right to life, and States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, when courts,


welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.

Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; that children should not be separated from their parents, unless by competent authorities for their well-being; States should facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.

Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own culture, religion and language.

A conference of State parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.

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, nominated by the State parties to serve in their personal capacity, have been elected to the Committee: Jacob Doek (the Netherlands), Amina El Guindi (Egypt), Francesco Paolo Fulci (Italy), JudithKarp (Israel), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).

Chairwoman is Mrs. Mboi. Vice Chairpersons are Mrs. Sardenberg, Mrs. Mokhuane, and Mr. Rabah. Mr. Doek is Rapporteur.