COMMITTEE ON RIGHTS OF CHILD CONSIDERS ARGENTINA'S SECOND PERIODIC REPORT ON COMPLIANCE WITH CONVENTION

CRC
31st session
17 September 2002




The Committee on the Rights of the Child today reviewed the second periodic report of Argentina on how that country was implementing the provisions of the Convention on the Rights of the Child.
Introducing his country's report, Norberto Ignacio Liwski, Chairperson of the National Council for Children, Adolescents and the Family of Argentina, recalled that recent social and political tensions that had occurred in his country had reached an extreme point. He said the world had witnessed the violent social expression that had resulted in the loss of human lives. The economic and social crisis that the country had encountered had brought grave consequences which had never been seen in Argentina's contemporary history. The impact of the crisis had also caused social trauma for millions of families, thus affecting the lives of adolescents and children dramatically.
Alfred Vicente Chiaradia, Ambassador and Permanent Representative of Argentina to the United Nations Office at Geneva, said that despite the difficulties it had endured in recent years, Argentina had continued to uphold its commitment to democracy and the state of law since the end of the military dictatorship in 1983. The economic and social crisis had affected not only the society as a whole, but children in particular.
Mr. Liwski was also accompanied by Norma Nascimbene de Dumont, Minister, Deputy Permanent Representative of Argentina to the United Nations Office at Geneva; and Sergio Cerda, Counsellor at the Permanent Mission of Argentina in Geneva.
After hearing the response of the Argentinean delegation to the questions raised by the Experts during the morning and afternoon meetings, Committee Expert Marilia Sardenberg said in preliminary concluding remarks that as Argentina wished to change, it needed to take action to accelerate the implementation of this change. Comprehensive legislation on the protection of children should be enacted as soon as possible. She also recommended that a global strategy and policy against poverty be designed; that a national plan of action concerning adolescents be drafted in consistence with the Convention; and that acts of sexual abuse be exposed to the society.
Argentina, as one of the 191 States parties to the Convention on the Rights of the Child, presented its report in accordance with article 44 of the Convention which requires States parties to submit reports on the measures they have adopted which give effect to the rights recognized in the treaty and on the progress made on the enjoyment of those rights.
The final concluding observations and recommendations of the Committee on the report of Argentina will be issued at the end of its three-week session on 4 October.
The Committee will continue its work in public at 10 a.m. on Thursday, 19 September when it is scheduled to take up the report of the United Kingdom (document CRC/C/83/Add.3). The Committee will meet in private on Wednesday, 18 September.

Report of Argentina
The second periodic report of Argentina, contained in document CRC/C/70/Add.10, enumerates the various legal, administrative and judicial measures taken by the federal and autonomous provincial authorities with the view to implementing the provisions of the Convention. The report says that Argentina's commitment to its children and to its international obligations were further affirmed by the establishment in 1998 of the post of Ombudsman for the Rights of the Child. The Ombudsman was concerned with the protection and promotion of children's rights established in the Constitution, the Convention and other international treaties.
Concerning the right to life, the report notes that the slow decline in infant mortality and in the gross mortality rates are continuing, and life expectancy at birth is increasing. There are still substantial levels of infant mortality due to avoidable causes and substantial differences between provinces. Health conditions remain unchanged. The main causes of death continue to be heart disease, malignant tumours, cerebrovascular disease and accidents. The incidence of AIDS has grown; and it is estimated that every day there are between 15 and 45 new cases of infection. Accidents and violence still occupy fourth place as causes of death and give rise to serious concern.
In collaboration with the United Nations Children's Fund (UNICEF), the Argentinean Government has managed to achieve the goals established for the mid-1990s at the World Summit for Children, the report says. These include an increase in vaccination levels to 80 per cent or higher throughout the country; the elimination of polio; ensuring that at least 80 per cent of children aged under two years receive adequate levels of vitamin A; a reduction in levels of severe and moderate malnutrition; and increased coverage in primary schools.
The report notes that a National Commission on the Right to an Identity was established in 1992 in order to lead the search for missing children and establish the whereabouts of abducted and disappeared children whose identity was known and of children born to women unlawfully deprived of their liberty. It was also responsible for tracing children whose disappearance was due to the dictatorship and child victims of abduction or trafficking. The Commission was established as a result of a request by the Plaza de Mayo Grandmothers' Association and at the behest of the Office of the President of the Republic.

Presentation of Report by Delegation
ALFREDO VICENTE CHIARADIA, Ambassador and Permanent Representative of Argentina to the United Nations Office at Geneva, said that despite the difficulties it had endured in recent years, Argentina continued to uphold its commitment to democracy and the state of law, which it had been experiencing since the end of the military dictatorship in 1983. The adoption by Argentina of relevant international treaties on human rights had helped the country to reform its Constitution and to carry out its democratic process.
He said that the Government had recently adopted the Optional Protocol to the Convention on involvement of children in armed conflict; and very soon, it would do the same to the Optional Protocol on sale of children, child prostitution and child pornography once the legal process was finalized.
Mr. Chiaradia said that the economic and social crisis had affected not only the society as a whole, but children in particular. The Government had drawn lessons from the crisis and it would be useful to prevent future crises. Argentina had been experiencing a recession for four years which had dropped the country's per capita income by 10 to 15 per cent.
NORBERTO IGNACIO LIWSKI, Chairperson of the National Council for Children, Adolescents and the Family of Argentina, recalled that the recent social and political tension that had occurred in the country had reached an extreme point. The world had witnessed the violent social expression that had resulted in the loss of human lives. The economic and social crisis that the country had encountered had had grave consequences which Argentina had not seen in its contemporary history.
Mr. Liwski said that many families had been affected by the crisis, resulting in a rise in unemployment. The number of socially excluded people had increased. The impact of the crisis had also caused social trauma for millions of families, thus affecting the lives of adolescents and children dramatically.
The Government of Argentina had expressed its desire and willingness to collaborate with the Committee on the Rights of the Child and with non-governmental organizations (NGOs) working in the field of child rights in the country, and with a spirit of constructive dialogue, he continued to say. The Government of Argentina had increased its cooperation with NGOs, particularly in the preparation of its second periodic report. The alternative report by NGOs was a much valued document and was based on the ongoing monitoring of the implementation of the provisions of the Convention by the NGOs themselves.
Mr. Liwski said that the fact that Argentina had made reservations on the international adoption of Argentinian children did not jeopardize the circumstances in which national adoptions were carried out. The reservations on international adoptions were made with the view to protecting Argentinean children from any form of trafficking. At the national level, there were 4,500 families legally registered expressing their wish to adopt children.

Questions by Committee Experts on General Measures, Definition of the Child and General Principles
The Committee Experts raised a number of questions on the first cluster of the main topics on general measures of implementation of the Convention; definition of the child; and general principles.
An Expert said that the report did not follow the guidelines of the Committee on preparing reports. It further did not indicate the outcome of the follow-up to the concluding observations of the Committee on the country's initial report. The Committee needed to see progress in the implementation of the provisions of the Convention through the presentation of statistics and other indicators following its recommendations. She said that the dialogue established between the Government and NGOs was positive. However, concrete examples and achievements of the dialogue should have been included in the report.
With regard to the National Council for Children, Adolescents and the Family, the Expert wanted to know how far the policies for children were implemented throughout the country. How effective was the function of the Council in the promotion and protection of children's rights?
Concerning reported discrimination against poor children and other marginalised groups, the Expert asked for further information on the situation of such vulnerable groups. She also asked about the condition of the Mapuche indigenous people and the situation of water pollution.
Another Expert asked the delegation to clarify the age for criminal responsibility of Argentinean children. The topic of human rights teaching was incorporated in school curriculum, and she wanted to hear more from the delegation. What sort of education was provided to people having direct professional contacts with children?
An Expert asked if the office of the Ombudsman was competent to receive complaints from children on the violation of their rights; and if it was also able to investigate such acts.
Another Expert recalled that during the Committee's consideration of the initial Argentinean report, a question had been raised on the amount of the budget allocated to the implementation of the rights of the child. The present report did not include information on this issue. She asked what measures were taken to overcome the problems encountered by poor families who were socially marginalised. The share of revenue between the various provincial authorities and the system of taxation was not clearly indicated.
In addition to information he received, an Expert wanted to know about the situation of migrants and refugees and their children.

Delegation's Response
In response to the questions raised by the Committee's Experts, the members of the delegation said that they shared the concerns of the Experts on disparities existing among the 23 Argentinean provincial districts in the implementation of the provisions of the Convention. The overall policies should be assessed and the transitional Government had thought about that issue. Measures had to be taken in evaluating and monitoring the general situation of the implementation of the provisions of the treaty on child rights.
There was national coordination between the activities of the various provinces dealing with child rights, the delegation said. Without any financial implications, a mechanism was put in place to monitor the delivery of services in each province. A report would be elaborated in the near future in which the activities of each province were outlined.
The provinces were called on to carry out joint strategies in the field of child rights, the delegation said. There was also a possibility of coordination of strategies by the federal and autonomous regions.

Questions by Experts on Civil Rights and Freedoms, Family Environment and Basic Health
The Committee members continued to raise questions on the second cluster of main subjects concerning civil rights and freedoms; family environment and alternative care; and basic health and welfare.
An Expert said that there had been reports of lengthy detention of children in police stations with physical abuse and torture carried out against them. Referring to NGO reports, she asked about the so-called "easy trigger syndrome", involving extrajudicial killings of children.
Another Expert asked about the situation of disabled children and the right of families to keep them within the family with assistance from the State. The Latin American Paediatric Association had reported about the high rate of infant mortality in Argentina. What had been done to decrease infant mortality, which was 60 per cent? Argentina should prevent such deaths through appropriate preventive measures. The lack of good delivery services was reportedly another cause for maternal and infant mortality. Many mothers died during deliveries involving Caesarean operations. The high rate of HIV incidence was due to mother-to-child transmissions; what measures were taken to avert such incidents?
An Expert said that a court's decision to separate a child from his family and place him or her in an institution could not be appealed. In some of the institutions, children were abused and treated badly, according to reports. Further information was requested.
What measures had been taken to compensate victims of torture and ill-treatment, another Expert asked. What was the scope of commercial sexual exploitation of children and violence?

Response by Delegation
In response to questions raised by the Committee Experts, the members of the delegation said that the National Council for Children, Adolescents and the Family had advocated for the reform of the criminal code and for the adoption of comprehensive legislation on juveniles. The Council's efforts in that area had been supported by a number of non-governmental organizations.
With regard to the impact of poverty, the delegation said that 19 million people out of the total population of 36 million were living below the poverty line. Seven out of ten children were born into poor households, and four out of ten were indigenous children. Half of the poor population consisted of children. The measures adopted in the last seven months focused on major programmes involving the improvement of minimum household incomes. The measures had targeted more than six million people, including indigenous people. In some provinces, the Government had improved school cafeterias for needy children.
The National Committee on Child Labour had published data indicating that 1.5 million children would enter into the labour market due to the economic situation of their parents, the delegation said. So far, 250,000 children below the age of 14 were already engaged in various types of employment. It was a sad event to see Argentinean children working as rubbish sorters in the streets.
Argentina had an office of the Ombudsman with the power to protect and promote child rights, the delegation said. New comprehensive legislation on the protection and promotion of the rights of the child and adolescents would soon be elaborated to strengthen the position of the Ombudsman.
Large numbers of Chileans migrated to Argentina, the delegation said. The Government had been facilitating their stay as it was traditional to host such migrants. NGOs had been reporting on the circumstances of migrant children whose labour was being exploited. Whenever there was any form of discrimination or lack of access to social services, the Government did not hesitate to take action in order to reverse the situation.
With regard to the situation of the Mapuche, the delegation said that they were living near the border with Chile in La Patagonia, and acts of genocide had been perpetrated against them at the end of the last century. The Mapuche leaders claimed the right to their ancestral lands and respect for their culture.
Responding to a question on the contamination of water in the Cutralco region, the delegation said that it was the consequence of a change in the drilling system of oil exploration activities. This water pollution had caused social unrest.
HIV/AIDS was increasingly affecting the younger generations and the Government was taking measures to increase awareness among the population, the delegation said. In some provinces, the rate of infection among the youth was higher than others. The infection was also higher among people whose living conditions were precarious, both economically and health wise.
A recent Government report had indicated that the rate of pregnancy for children between 15 to 18 years of age was 14.7 per cent while the rate for children below 15 stood at 0.5 per cent, the delegation said. However, a hospital 35 kilometres away from the centre of the capital city registered 47 per cent of deliveries by mothers below the age of 18.
On institutional violence, the delegation said that it existed. On some issues, such as corporal punishment in schools, it was surprising to note that the country was regressing, the delegation said. After Buenos Aires and other areas had banned corporal punishment, it was being established once again. The trend of violence in schools had prompted the Government to use mediating and conflict resolution mechanisms in schools.
With regard to torture, the Buenos Aires area alone had registered 1,200 cases of torture by police officers, the delegation said. The principle that no minors should be taken in police custody had been violated and the act of holding adolescents had increased. It was necessary to tackle that problem which was a remnant of the former military regime.
The delegation said that family violence was more prevalent than in the past. Data collected from hospitals, and cases detected indirectly in schools and from other sources showed an increase in the quantity of the violence. A lot of violent acts went unreported. Inter-family violence was closely interwoven with unemployment. Family violence could only be prevented by solidarity from the community and by solutions from the individuals themselves.
Concerning children who disappeared during the past military dictatorship, the delegation said that 300 cases had been identified, and that number might go up to 500. Boys and girls abducted with their parents were now around 23 years old. A commission had been established to search for the missing children, thanks to a request by the Plaza de Mayo Grandmothers' Association. The presidential amnesty did not include crimes of forced disappearances. The Government had provided assistance to those who desired to establish their parental links and to retrieve their identities.

Preliminary Concluding Remarks by Committee Expert
In preliminary concluding remarks, Committee Expert MARILIA SARDENBERG expressed her gratitude and thanks to the delegation for their efforts to elucidate the situation in Argentina. Information provided that the cases of disappeared children continued to be investigated was welcome. Human rights education should be incorporated into the school curriculum. The delegation had stressed the situation of institutional violence and the Government was determined to deal with it without impunity.
Ms. Sardenberg said that Argentina wished to change and for that purpose it needed to take action and to accelerate the implementation of this change. The Government was taking measures against torture and ill-treatment perpetrated by police officers; and there should be continuity by the next government to ensure consolidation of such activities. Comprehensive legislation on the protection of children should be enacted as soon as possible. A global strategy and policy against poverty should be designed; a national plan of action on adolescents should be drafted in consistence with the Convention; and acts of sexual abuse should be exposed to the society.



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