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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF BRAZIL
14 September 2004
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Committee on the
Rights of the Child 14 September 2004
The Committee on the Rights of the Child today considered the initial report of Brazil on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Nilmario Miranda, Secretary of State for Human Rights of Brazil, said that Brazil was the first country in the world to adapt its legislation to the principles of the Convention in such a way that the Statute of the Child and the Adolescent served as a model for other nations which intended to create their own internal laws on the matter. In the area of health, progress had been made in the eradication of polio, measles and infant mortality.
Mr. Miranda said the policy of the Government placed emphasis on the fight against sexual abuse and exploitation of children and adolescents through a joint effort by the Government, civil society and international organizations in order to articulate legislative improvement, assistance to victims and punishment of violators.
In preliminary remarks, Committee Expert Luigi Citarella, who served as country rapporteur to the report, said the new policy of the Brazilian Government was starting to give good results. Poverty, discrimination and inequalities were the main obstacles facing the Government in addressing issues related to children and adolescents. Moreover, there were negative attitudes in society towards children and adolescents which often resulted in their deaths.
Norberto Liwski, who served as country co-rapporteur, said that 14 years after starting the process of decentralization, Brazil had made progress in improving social conditions and in guaranteeing rights. However, there was a need for Brazil to strengthen its central national policy on implementing the provisions of the Convention.
Other Committee Experts contributed to the debate by raising questions pertaining to sexual reproductive health, education and HIV/AIDS; child labour; children living in poverty; malnutrition; violence against children and committed by children; and the budget allocated for children and youth programmes.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.
The delegation of Brazil was made up of representatives of the Parliamentary Front on the Child and the Youth, the Ministry of Education, the Ministry of Health, the Ministry of Social Development, the Ministry of Planning, the Ministry of Foreign Affairs and the Permanent Mission of Brazil to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Brazil is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Thursday, 16 September, it is scheduled to take up the initial report of Botswana (CRC/C/51/Add.9).
Report of Brazil
According to the report (CRC/C/3/Add.65), the Brazilian Statute of the Child and Adolescent, a juridical instrument which transposes to the national plane the rights set forth in the Convention on the Rights of the Child, provides for the adoption of mechanisms and supplies guidelines so that public policies can be geared to promoting the rights of children and adolescents. Notwithstanding the progress obtained in Brazil, the percentage of children and adolescents living in poverty in the country is still significant. To deal with the problem of poor families, the Government has introduced a series of direct income transfer programmes which, as the report points out, benefit thousands of the most vulnerable families.
In dealing with the specific problem of the adolescent, the report analyses two serious questions: the growing incidence of early pregnancy among girls and the increase in cases of violent death among boys. The question of juvenile delinquency is also examined in the report. From the point of view of Government policy successes, the substantial reduction in the infant mortality rate and the significant expansion of primary education is highlighted in the report which notes that fewer Brazilian children are dying and more children are receiving schooling. Another positive aspect of Government action is the series of policies and programmes for combating child labour. Sexual violence and the sexual exploitation of children and adolescents for commercial ends are also examined in the document, which includes a list of the programmes and mechanisms which the State, in partnership with civil society, has sought to implement in order to combat these grave problems.
The situation of children and adolescents of Afro or indigenous descent is analysed in different parts of the report. In the health area, the report points to the notable success of the Brazilian HIV/AIDS control programme which, through preventive action and the offer of free treatment to everyone, has managed to bring about a significant reduction in the rate of infection among children and adolescents, a 50 per cent reduction in the vertical transmission of the disease and an increase in the life span of children and adolescents living with HIV. Also mentioned are the immunization campaigns which have led to the eradication of poliomyelitis and measles.
Introduction of Report
NILMARIO MIRANDA, Secretary of State for Human Rights of Brazil, on the onset of his statement expressed, on behalf of the people and Government of Brazil, their repudiation of the recent terrorist acts in Beslan, southern Russia, as well as their solidarity with the victims and their families.
Mr. Miranda noted that the Convention was enshrined in the Constitution of Brazil, especially in its Statute of the Child and the Adolescent. Moreover, Brazil was the first country in the world to adapt its legislation to the principles of the Convention in such a way that the Statute of the Child and the Adolescent served as a model for other nations that intended to create their own internal laws on the matter.
The coordination of the public policies for children and adolescents, as well as the implementation of some of these policies was attributed to the Special Secretariat on Human Rights, a body directly linked to the Presidency of Brazil. The National Council on the Rights of the Child and Adolescents (CONANDA) was also related to the Special Secretariat and played a pivotal role. CONANDA was the federal hallmark of the system of Councils of Rights and Guardianship Councils established by Brazilian law to promote and protect the rights of the child and adolescents. The Guardianship Councils, whose members were elected by the people, had the power to ensure that the rights of the child and the adolescent were not violated and, when they were, made sure that these rights were restored and their violators punished. Each municipality in Brazil was obligated to have a Council of Rights and, at least, a Guardianship Council for each group of 200,000 inhabitants.
The Government set up in 2003, according to a commitment made during the Special Session on Children of the United Nations General Assembly, the “President Amigo da Crianca e do Adolescente” Plan (President, Friend of the Child and Adolescent), which sought to integrate all the actions aimed at promoting and protecting the rights of the child and adolescent.
In the area of health, Mr. Miranda noted that progress had been made in the eradication of polio, measles and infant mortality, which decreased from 44.8 per thousand to 26.5 per thousand deaths from 1990 to 2002. Brazil had also progressed towards widening the immunization coverage and implementing programmes to control HIV/AIDS and to promote the quality of life of children living with HIV/AIDS.
In the field of education, the percentage of children from 7 to 14 years old outside of school dropped from 13.4 per cent to 3.1 per cent between 1992 and 2002. The Government was seeking to create a Fund for the Development of Basic Education that would cover infant to high school education and substantially increase resources invested in the area. Efforts had also been made to address the situation of special needs for indigenous students and students in rural areas. Moreover, the Government recently signed a contract to provide that a third of all school books – some 150 million books – displayed the Universal Declaration on the Rights of the Child.
In the field of social development, the Government had merged the various income transfer programmes into the Family Grant Programme which targeted 11.2 million families and addressed the areas of public health and school attendance. Through this programme, Brazil sought to increase the self-reliance of families, reduce poverty and improve the living conditions of children.
Mr. Miranda said the policy of the Government placed emphasis on the fight against sexual abuse and exploitation of children and adolescents through a joint effort by the Government, civil society and international organizations in order to articulate legislative improvement, assistance to victims and punishment of violators. Also noted was the recently concluded Parliamentary Commission of Investigation on sexual violence against children and adolescents which led to the presentation of criminal evidence against around 250 people and to a series of proposals to improve the Criminal Code on the issue.
The head of delegation noted that the Government was in the process of expanding its national system of social and educational care that would seek to implement the provisions of the Statute of the Child and Adolescent.
Mr. Miranda said the Government was preparing a census of the street population, which would serve as an important tool to better guide pubic policies to address this population. Government programmes such as the Family Grant, the Zero Hunger, and the Programme for the Eradication of Child Labour among others had played an important role in addressing this problem. In this context, recent research revealed that 86 per cent of the children and adolescents in Government-funded shelters came to live in these shelters as a result of poverty. Based on this information, the Government intended to establish a national plan to re-organize these shelters with an emphasis on the re-establishment of family and community life of those children and adolescents, whenever possible.
As a means of giving protection to adolescents at risk, the Government had recently created a Programme of Protection for Children and Adolescents Threatened by Death that had three service centres; by 2006, it was envisaged that four more centres would be opened.
Mr. Miranda said that in order to address the problem of under-registration of births, the Government had in 2003 launched the National Plan to Eradicate Under-Registration of Births which sought to eradicate the problem by 2006.
Discussion
LUIGI CITARELLA, the Committee Expert who served as country rapporteur to the report of Brazil, said the Committee was fully aware of the efforts taken by the State party to fully implement the provisions of the Convention on the Rights of the Child.
In the introduction of the report, some anticipation on the most important positive and negative aspects of children’s rights had been expressed, Mr. Citarella said. Among the negative aspects, the growing number of early pregnancies among girls and the increase of violent deaths among boys were noted. Among the positive aspects was the reduction of infant mortality, progress in combating child labour and the success of the HIV/AIDS control programme. Also noteworthy were Government efforts to deal with the problem of children living in poverty to reverse these negative conditions which must be encouraged to the maximum.
The major issues facing Brazil were inequalities in society and poverty, Mr. Citarella noted. Poverty was mostly affecting black families and children. Moreover, inequalities affecting children and adolescents were based on many grounds: social class, race, gender and geographic location. According to a recent study, poor children were three times more likely to die before the age of five and eight times more likely not to attend school. These estimates doubled in number, and in gravity, for black children.
The Rapporteur noted that progress had been realized in combating infant mortality and that infant mortality rates were decreasing. However, there had been a marked increase of homicides of adolescents. The programme for the eradication of child labour 2000-2003 had produced good results, Mr. Citarella said. The programme to combat the abuse and sexual exploitation of minors had also produced good results.
However it appeared that nearly 3 million children under 16 years old continued to work. Malnutrition also seemed to continue to be a very serious problem, he added.
The Rapporteur asked what the status of the Convention was in the context of the Brazilian legal system; whether the Constitution, in particular its approach to children’s rights, was fully implemented in practice in different parts of the country; and whether states and municipalities were fully aware of the existence of the Convention and the international responsibility of the federal state for violation of its rules.
According to the new legislation of Brazil, Mr. Citarella noted, the term “minor” had been replaced by the expression “child and adolescent”; child being a person up to the age of 12 and adolescent up to the age of 18 years. This choice may cause some difficulties in relation to universally accepted terminology, and in any case, with that adopted by the Convention. Also noted was the creation of the two institutions – the National Council on the Rights of the Child and Adolescents (CONANDA) and the Guardianship Councils. More information was sought on both.
Mr. Citarella said widespread discrimination existed in Brazil on different grounds although the Constitution of 1998 contained good norms condemning all forms of discrimination and racism. The report admitted that discrimination could be identified in certain cultural and social practices. According to many sources, there were inequalities which existed on the basis of social class, race, gender and location and the most serious effects of discrimination appeared to be against the rights of mestizo and blacks which constituted the majority of the population. Also singled out were indigenous people, women and those with special needs, the Rapporteur added.
NORBERTO LIWSKI, the Committee Expert who served as country co-rapporteur to the report of Brazil, said the geographical importance and size of Brazil represented a significant challenge to the Government to ensure the promotion and upholding of human rights across the country. He welcomed that the Convention was placed in the Constitution in such a way that called for the State party to guarantee the rights therein. He also referred to the holistic approach taken by the Brazilian Government to human rights and the importance of making progress in helping the population respect the rights of children and adolescents.
The co-rapporteur asked whether there was any prospect of improving the situation of the budget with regard to the allocation of funds to target children and adolescents. He noted that there had been disparities between what money had been authorized and what was actually paid out and asked for information as to how this situation came about and what effect the disparity had, particularly on children and adolescents.
Mr. Liwski asked for more information about violence against children and adolescents while noting that some 7,500 homicides of children were committed each year. He asked if the Government had been able to gather information on this problem and whether efforts had been taken to reduce such incidents. While noting that the Government had increased the sentences for those responsible for carrying out acts of torture from two to eight years, Mr. Liwski asked how many individuals had been tried and condemned for such crimes and whether there was a view to devise a national plan to eradicate torture and related acts. The co-rapporteur also asked for additional information on poverty, birth registration and violence against minors in general.
Other Committee Experts asked for information regarding the State party’s national plan of action to address children and adolescents; capital punishment and domestic violence; education campaigns for parents on child rearing; the percentage of children living below the poverty line; internet regulations for minors; lack of housing; and sexual exploitation. On the latter point, a Committee Expert noted that the Special Rapporteur on the sale of children, child prostitution and child pornography recently visited the country and made some recommendations to the State party and asked what steps had been taken by Brazil in response.
Another Expert raised a question pertaining to child labour and said that in spite of the efforts taken by Brazil, the number of working children was on the increase. The Expert also raised a question on child trafficking while stating that 1.2 million boys and girls were trafficked every year, according to information received. She added that Brazil alone was responsible for 15 per cent of child trafficking worldwide.
Response by Delegation
Concerning corporal punishment, the delegation said that corporal punishment was administered within some families. Cases of sexual violence and abuse of children or adolescents were reviewed by the Guardianship Councils which were responsible for ensuring that there were no cases of abuse or negligence of children. In the first year that the Guardianship Councils were created, there were 5,500 denunciations presented to them.
With regards to the indigenous peoples, there were more than 600 indigenous groups in the country. These groups lived in various stages of development, with some of them living in conditions similar to the Stone Age. The Government had a budget for indigenous health and an institution to observe the needs of indigenous peoples. There would be a conference held next year to study further the needs of indigenous peoples. The 410,000 indigenous persons faced some problems, including the invasion of their lands by groups for illicit activities. Environmental crimes were committed in this regard which affected the indigenous peoples. The Government had protective policies to protect the indigenous populations.
In response to a question on the budget, the delegation said the current Government came to power in the midst of a major economic crisis but now Brazil was faced with a new situation in terms of reducing inflation. Regarding social benefits, some 20 million persons had been targeted for social welfare. There had been a constitutional decision taken that the expenses for education should be divided up by each municipality. The delegation noted that the total budget expenditure for education was 4.5 per cent of the GDP and of that 0.8 per cent came out of the federal budget. Civil society played a role in assisting the State in devising the budget allocation for children and adolescents.
In response to a question, the delegation noted that there were some 60 million children and adolescents in the country spread over 27 states and municipalities and therefore the Government had decided on a decentralized approach to address their needs. There were various ministries which dealt with education as well as health issues; however, no single institution existed in Brazil which dealt solely with the issue of children and adolescents.
In response to another question, the delegation said the problem of violence against children and adolescents was mainly an urban problem which was often the result of drug trade in big cities. Regarding education, the Government had launched a national youth policy to get children and adolescents back in school and off the streets, thus taking them out of harm’s way.
Concerning violence committed against minors, the delegation said there was a national day for the prohibition of arms sales. It noted that some 50,000 homicides were committed per year, half of which were due to the abuse of arms and weapons. The Government had taken efforts to criminalize the use of arms. The Government aimed to collect and destroy such weapons through disarmament programmes.
With regards to health issues, the delegation noted that early pregnancy was a priority matter and that adolescents required guidance and orientation which had been instituted in schools. A family health programme existed in Brazil which was responsible for educating adolescents on sexual reproduction and providing medicine free of charge; the training of professionals, such as midwives, doctors and nurses was also made available. The Government had been assisting HIV/AIDS positive children as well as AIDS orphans through national programmes. Moreover, all medicine for adolescents with HIV/AIDS was free of charge, as well as testing.
On the subject of malnutrition, the delegation said malnutrition was common where there was a concentration of poverty. The Government had instituted several activities to combat poverty and malnutrition. The Government’s family health programme had been expanded to reduce malnutrition. Programmes in maternity wards and hospitals had been started and guidance had been provided on breastfeeding for mothers. The Government had instituted an activity in the context of the Zero Hunger programme and work had been done in rural and poverty-stricken areas in particular.
Regarding educational matters, the delegation said next year Brazil would have for the first time a universal evaluation system in place for the primary school level.
The Government had also invested time in training teachers; to date some 30,000 teachers had been trained. More than 80 per cent of adolescents between 15 to 18 years were in schools but many were in one level below the level they were supposed to be in. Additional funding was being afforded to provide resources to benefit students while taking into account disadvantaged groups such as indigenous children and those living in rural areas. The delegation noted that there was an increase in the number of school dropouts as students moved up in the educational system; this was largely a result of inefficiencies in the educational system.
Concerning child labour, the delegation remarked that recently some 930,000 children had stopped working as a result of Government programmes to eliminate the practice of child labour. In 1995, there were five million child workers and in 2002 some two million. The reduction in the number of child workers was largely due to a Government system providing grants to those of student age to encourage them to either remain in school or to return to school. As a result of the grant system, 4.5 million families were assisted; the aim of the Government was to reach out to 11 million families. Another programme provided grants and incentives to employers to employ young people on the condition that they either stay in school or return to school. Those who received grants received vocational training and then they were integrated into the labour market in some capacity.
In order to provide assistance to children and adolescents and their relatives who were involved in situations of sexual violence, the Government had instituted the Sentinel programme which provided expert social services. To date, there were 315 centres in place. Several public campaigns had also been carried out to explain sexual violence against children and adolescents.
With regard to adoption, there was no national data available; each State had its own system on collecting information on adoptions, the delegation noted.
Concerning a question about adolescents in conflict with the law, the delegation noted that there was some violence in schools which reflected violence in the society. This had to do both with poverty and the lack of justice. A youth programme in cooperation with cultural organizations and student associations had been set up and police and security officers had been trained especially to deal with this problem.
In response to a question, the delegation said if a youth of 15 years was accused of a crime and was either poor or out of school, the youth would be sent to a place of detention for a maximum of 45 days to wait for a hearing with a judge. Legal assistance was available for the follow up to these cases free of charge. There were three specialized courts for children.
With regard to organized crime, the delegation said there was a national effort in place with the involvement of federal states and the police which fell under the Ministry of Pubic Security for Training and Research to deal with this phenomenon.
Preliminary Remarks
LUIGI CITARELLA, the Committee Expert who served as country rapporteur to the report of Brazil, said the dialogue between the Committee and the delegation of Brazil had been very fruitful and the Committee as a result had a better view of the information on the country with regard to its implementation of the Convention. The new policy of the Brazilian Government was starting to give good results. However, poverty, discrimination and inequalities were the main obstacles facing the Government in addressing issues related to children and adolescents. Moreover, there were negative attitudes in society which often resulted in the killing of children and adolescents.
Some essential questions needed to be taken into account, Mr. Citarella said, and the lack of financial resources was noted. The Committee hoped that Brazil would improve its system of collecting information pertaining to the rights of the child. Much improvement was also needed in the fields of education and justice.
NORBERTO LIWSKI, the Committee Expert who served as country co-rapporteur to the report of Brazil, said that 14 years after starting the process of decentralization, Brazil had made progress in improving social conditions and in guaranteeing rights. There had been problems, however, with regard to adolescents in conflict with the law. Moreover, since Brazil was a decentralized State, there was a need for it to strengthen its central national policy on implementing the provisions of the Convention.
* *** *
Rights of the Child 14 September 2004
The Committee on the Rights of the Child today considered the initial report of Brazil on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Nilmario Miranda, Secretary of State for Human Rights of Brazil, said that Brazil was the first country in the world to adapt its legislation to the principles of the Convention in such a way that the Statute of the Child and the Adolescent served as a model for other nations which intended to create their own internal laws on the matter. In the area of health, progress had been made in the eradication of polio, measles and infant mortality.
Mr. Miranda said the policy of the Government placed emphasis on the fight against sexual abuse and exploitation of children and adolescents through a joint effort by the Government, civil society and international organizations in order to articulate legislative improvement, assistance to victims and punishment of violators.
In preliminary remarks, Committee Expert Luigi Citarella, who served as country rapporteur to the report, said the new policy of the Brazilian Government was starting to give good results. Poverty, discrimination and inequalities were the main obstacles facing the Government in addressing issues related to children and adolescents. Moreover, there were negative attitudes in society towards children and adolescents which often resulted in their deaths.
Norberto Liwski, who served as country co-rapporteur, said that 14 years after starting the process of decentralization, Brazil had made progress in improving social conditions and in guaranteeing rights. However, there was a need for Brazil to strengthen its central national policy on implementing the provisions of the Convention.
Other Committee Experts contributed to the debate by raising questions pertaining to sexual reproductive health, education and HIV/AIDS; child labour; children living in poverty; malnutrition; violence against children and committed by children; and the budget allocated for children and youth programmes.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.
The delegation of Brazil was made up of representatives of the Parliamentary Front on the Child and the Youth, the Ministry of Education, the Ministry of Health, the Ministry of Social Development, the Ministry of Planning, the Ministry of Foreign Affairs and the Permanent Mission of Brazil to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Brazil is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Thursday, 16 September, it is scheduled to take up the initial report of Botswana (CRC/C/51/Add.9).
Report of Brazil
According to the report (CRC/C/3/Add.65), the Brazilian Statute of the Child and Adolescent, a juridical instrument which transposes to the national plane the rights set forth in the Convention on the Rights of the Child, provides for the adoption of mechanisms and supplies guidelines so that public policies can be geared to promoting the rights of children and adolescents. Notwithstanding the progress obtained in Brazil, the percentage of children and adolescents living in poverty in the country is still significant. To deal with the problem of poor families, the Government has introduced a series of direct income transfer programmes which, as the report points out, benefit thousands of the most vulnerable families.
In dealing with the specific problem of the adolescent, the report analyses two serious questions: the growing incidence of early pregnancy among girls and the increase in cases of violent death among boys. The question of juvenile delinquency is also examined in the report. From the point of view of Government policy successes, the substantial reduction in the infant mortality rate and the significant expansion of primary education is highlighted in the report which notes that fewer Brazilian children are dying and more children are receiving schooling. Another positive aspect of Government action is the series of policies and programmes for combating child labour. Sexual violence and the sexual exploitation of children and adolescents for commercial ends are also examined in the document, which includes a list of the programmes and mechanisms which the State, in partnership with civil society, has sought to implement in order to combat these grave problems.
The situation of children and adolescents of Afro or indigenous descent is analysed in different parts of the report. In the health area, the report points to the notable success of the Brazilian HIV/AIDS control programme which, through preventive action and the offer of free treatment to everyone, has managed to bring about a significant reduction in the rate of infection among children and adolescents, a 50 per cent reduction in the vertical transmission of the disease and an increase in the life span of children and adolescents living with HIV. Also mentioned are the immunization campaigns which have led to the eradication of poliomyelitis and measles.
Introduction of Report
NILMARIO MIRANDA, Secretary of State for Human Rights of Brazil, on the onset of his statement expressed, on behalf of the people and Government of Brazil, their repudiation of the recent terrorist acts in Beslan, southern Russia, as well as their solidarity with the victims and their families.
Mr. Miranda noted that the Convention was enshrined in the Constitution of Brazil, especially in its Statute of the Child and the Adolescent. Moreover, Brazil was the first country in the world to adapt its legislation to the principles of the Convention in such a way that the Statute of the Child and the Adolescent served as a model for other nations that intended to create their own internal laws on the matter.
The coordination of the public policies for children and adolescents, as well as the implementation of some of these policies was attributed to the Special Secretariat on Human Rights, a body directly linked to the Presidency of Brazil. The National Council on the Rights of the Child and Adolescents (CONANDA) was also related to the Special Secretariat and played a pivotal role. CONANDA was the federal hallmark of the system of Councils of Rights and Guardianship Councils established by Brazilian law to promote and protect the rights of the child and adolescents. The Guardianship Councils, whose members were elected by the people, had the power to ensure that the rights of the child and the adolescent were not violated and, when they were, made sure that these rights were restored and their violators punished. Each municipality in Brazil was obligated to have a Council of Rights and, at least, a Guardianship Council for each group of 200,000 inhabitants.
The Government set up in 2003, according to a commitment made during the Special Session on Children of the United Nations General Assembly, the “President Amigo da Crianca e do Adolescente” Plan (President, Friend of the Child and Adolescent), which sought to integrate all the actions aimed at promoting and protecting the rights of the child and adolescent.
In the area of health, Mr. Miranda noted that progress had been made in the eradication of polio, measles and infant mortality, which decreased from 44.8 per thousand to 26.5 per thousand deaths from 1990 to 2002. Brazil had also progressed towards widening the immunization coverage and implementing programmes to control HIV/AIDS and to promote the quality of life of children living with HIV/AIDS.
In the field of education, the percentage of children from 7 to 14 years old outside of school dropped from 13.4 per cent to 3.1 per cent between 1992 and 2002. The Government was seeking to create a Fund for the Development of Basic Education that would cover infant to high school education and substantially increase resources invested in the area. Efforts had also been made to address the situation of special needs for indigenous students and students in rural areas. Moreover, the Government recently signed a contract to provide that a third of all school books – some 150 million books – displayed the Universal Declaration on the Rights of the Child.
In the field of social development, the Government had merged the various income transfer programmes into the Family Grant Programme which targeted 11.2 million families and addressed the areas of public health and school attendance. Through this programme, Brazil sought to increase the self-reliance of families, reduce poverty and improve the living conditions of children.
Mr. Miranda said the policy of the Government placed emphasis on the fight against sexual abuse and exploitation of children and adolescents through a joint effort by the Government, civil society and international organizations in order to articulate legislative improvement, assistance to victims and punishment of violators. Also noted was the recently concluded Parliamentary Commission of Investigation on sexual violence against children and adolescents which led to the presentation of criminal evidence against around 250 people and to a series of proposals to improve the Criminal Code on the issue.
The head of delegation noted that the Government was in the process of expanding its national system of social and educational care that would seek to implement the provisions of the Statute of the Child and Adolescent.
Mr. Miranda said the Government was preparing a census of the street population, which would serve as an important tool to better guide pubic policies to address this population. Government programmes such as the Family Grant, the Zero Hunger, and the Programme for the Eradication of Child Labour among others had played an important role in addressing this problem. In this context, recent research revealed that 86 per cent of the children and adolescents in Government-funded shelters came to live in these shelters as a result of poverty. Based on this information, the Government intended to establish a national plan to re-organize these shelters with an emphasis on the re-establishment of family and community life of those children and adolescents, whenever possible.
As a means of giving protection to adolescents at risk, the Government had recently created a Programme of Protection for Children and Adolescents Threatened by Death that had three service centres; by 2006, it was envisaged that four more centres would be opened.
Mr. Miranda said that in order to address the problem of under-registration of births, the Government had in 2003 launched the National Plan to Eradicate Under-Registration of Births which sought to eradicate the problem by 2006.
Discussion
LUIGI CITARELLA, the Committee Expert who served as country rapporteur to the report of Brazil, said the Committee was fully aware of the efforts taken by the State party to fully implement the provisions of the Convention on the Rights of the Child.
In the introduction of the report, some anticipation on the most important positive and negative aspects of children’s rights had been expressed, Mr. Citarella said. Among the negative aspects, the growing number of early pregnancies among girls and the increase of violent deaths among boys were noted. Among the positive aspects was the reduction of infant mortality, progress in combating child labour and the success of the HIV/AIDS control programme. Also noteworthy were Government efforts to deal with the problem of children living in poverty to reverse these negative conditions which must be encouraged to the maximum.
The major issues facing Brazil were inequalities in society and poverty, Mr. Citarella noted. Poverty was mostly affecting black families and children. Moreover, inequalities affecting children and adolescents were based on many grounds: social class, race, gender and geographic location. According to a recent study, poor children were three times more likely to die before the age of five and eight times more likely not to attend school. These estimates doubled in number, and in gravity, for black children.
The Rapporteur noted that progress had been realized in combating infant mortality and that infant mortality rates were decreasing. However, there had been a marked increase of homicides of adolescents. The programme for the eradication of child labour 2000-2003 had produced good results, Mr. Citarella said. The programme to combat the abuse and sexual exploitation of minors had also produced good results.
However it appeared that nearly 3 million children under 16 years old continued to work. Malnutrition also seemed to continue to be a very serious problem, he added.
The Rapporteur asked what the status of the Convention was in the context of the Brazilian legal system; whether the Constitution, in particular its approach to children’s rights, was fully implemented in practice in different parts of the country; and whether states and municipalities were fully aware of the existence of the Convention and the international responsibility of the federal state for violation of its rules.
According to the new legislation of Brazil, Mr. Citarella noted, the term “minor” had been replaced by the expression “child and adolescent”; child being a person up to the age of 12 and adolescent up to the age of 18 years. This choice may cause some difficulties in relation to universally accepted terminology, and in any case, with that adopted by the Convention. Also noted was the creation of the two institutions – the National Council on the Rights of the Child and Adolescents (CONANDA) and the Guardianship Councils. More information was sought on both.
Mr. Citarella said widespread discrimination existed in Brazil on different grounds although the Constitution of 1998 contained good norms condemning all forms of discrimination and racism. The report admitted that discrimination could be identified in certain cultural and social practices. According to many sources, there were inequalities which existed on the basis of social class, race, gender and location and the most serious effects of discrimination appeared to be against the rights of mestizo and blacks which constituted the majority of the population. Also singled out were indigenous people, women and those with special needs, the Rapporteur added.
NORBERTO LIWSKI, the Committee Expert who served as country co-rapporteur to the report of Brazil, said the geographical importance and size of Brazil represented a significant challenge to the Government to ensure the promotion and upholding of human rights across the country. He welcomed that the Convention was placed in the Constitution in such a way that called for the State party to guarantee the rights therein. He also referred to the holistic approach taken by the Brazilian Government to human rights and the importance of making progress in helping the population respect the rights of children and adolescents.
The co-rapporteur asked whether there was any prospect of improving the situation of the budget with regard to the allocation of funds to target children and adolescents. He noted that there had been disparities between what money had been authorized and what was actually paid out and asked for information as to how this situation came about and what effect the disparity had, particularly on children and adolescents.
Mr. Liwski asked for more information about violence against children and adolescents while noting that some 7,500 homicides of children were committed each year. He asked if the Government had been able to gather information on this problem and whether efforts had been taken to reduce such incidents. While noting that the Government had increased the sentences for those responsible for carrying out acts of torture from two to eight years, Mr. Liwski asked how many individuals had been tried and condemned for such crimes and whether there was a view to devise a national plan to eradicate torture and related acts. The co-rapporteur also asked for additional information on poverty, birth registration and violence against minors in general.
Other Committee Experts asked for information regarding the State party’s national plan of action to address children and adolescents; capital punishment and domestic violence; education campaigns for parents on child rearing; the percentage of children living below the poverty line; internet regulations for minors; lack of housing; and sexual exploitation. On the latter point, a Committee Expert noted that the Special Rapporteur on the sale of children, child prostitution and child pornography recently visited the country and made some recommendations to the State party and asked what steps had been taken by Brazil in response.
Another Expert raised a question pertaining to child labour and said that in spite of the efforts taken by Brazil, the number of working children was on the increase. The Expert also raised a question on child trafficking while stating that 1.2 million boys and girls were trafficked every year, according to information received. She added that Brazil alone was responsible for 15 per cent of child trafficking worldwide.
Response by Delegation
Concerning corporal punishment, the delegation said that corporal punishment was administered within some families. Cases of sexual violence and abuse of children or adolescents were reviewed by the Guardianship Councils which were responsible for ensuring that there were no cases of abuse or negligence of children. In the first year that the Guardianship Councils were created, there were 5,500 denunciations presented to them.
With regards to the indigenous peoples, there were more than 600 indigenous groups in the country. These groups lived in various stages of development, with some of them living in conditions similar to the Stone Age. The Government had a budget for indigenous health and an institution to observe the needs of indigenous peoples. There would be a conference held next year to study further the needs of indigenous peoples. The 410,000 indigenous persons faced some problems, including the invasion of their lands by groups for illicit activities. Environmental crimes were committed in this regard which affected the indigenous peoples. The Government had protective policies to protect the indigenous populations.
In response to a question on the budget, the delegation said the current Government came to power in the midst of a major economic crisis but now Brazil was faced with a new situation in terms of reducing inflation. Regarding social benefits, some 20 million persons had been targeted for social welfare. There had been a constitutional decision taken that the expenses for education should be divided up by each municipality. The delegation noted that the total budget expenditure for education was 4.5 per cent of the GDP and of that 0.8 per cent came out of the federal budget. Civil society played a role in assisting the State in devising the budget allocation for children and adolescents.
In response to a question, the delegation noted that there were some 60 million children and adolescents in the country spread over 27 states and municipalities and therefore the Government had decided on a decentralized approach to address their needs. There were various ministries which dealt with education as well as health issues; however, no single institution existed in Brazil which dealt solely with the issue of children and adolescents.
In response to another question, the delegation said the problem of violence against children and adolescents was mainly an urban problem which was often the result of drug trade in big cities. Regarding education, the Government had launched a national youth policy to get children and adolescents back in school and off the streets, thus taking them out of harm’s way.
Concerning violence committed against minors, the delegation said there was a national day for the prohibition of arms sales. It noted that some 50,000 homicides were committed per year, half of which were due to the abuse of arms and weapons. The Government had taken efforts to criminalize the use of arms. The Government aimed to collect and destroy such weapons through disarmament programmes.
With regards to health issues, the delegation noted that early pregnancy was a priority matter and that adolescents required guidance and orientation which had been instituted in schools. A family health programme existed in Brazil which was responsible for educating adolescents on sexual reproduction and providing medicine free of charge; the training of professionals, such as midwives, doctors and nurses was also made available. The Government had been assisting HIV/AIDS positive children as well as AIDS orphans through national programmes. Moreover, all medicine for adolescents with HIV/AIDS was free of charge, as well as testing.
On the subject of malnutrition, the delegation said malnutrition was common where there was a concentration of poverty. The Government had instituted several activities to combat poverty and malnutrition. The Government’s family health programme had been expanded to reduce malnutrition. Programmes in maternity wards and hospitals had been started and guidance had been provided on breastfeeding for mothers. The Government had instituted an activity in the context of the Zero Hunger programme and work had been done in rural and poverty-stricken areas in particular.
Regarding educational matters, the delegation said next year Brazil would have for the first time a universal evaluation system in place for the primary school level.
The Government had also invested time in training teachers; to date some 30,000 teachers had been trained. More than 80 per cent of adolescents between 15 to 18 years were in schools but many were in one level below the level they were supposed to be in. Additional funding was being afforded to provide resources to benefit students while taking into account disadvantaged groups such as indigenous children and those living in rural areas. The delegation noted that there was an increase in the number of school dropouts as students moved up in the educational system; this was largely a result of inefficiencies in the educational system.
Concerning child labour, the delegation remarked that recently some 930,000 children had stopped working as a result of Government programmes to eliminate the practice of child labour. In 1995, there were five million child workers and in 2002 some two million. The reduction in the number of child workers was largely due to a Government system providing grants to those of student age to encourage them to either remain in school or to return to school. As a result of the grant system, 4.5 million families were assisted; the aim of the Government was to reach out to 11 million families. Another programme provided grants and incentives to employers to employ young people on the condition that they either stay in school or return to school. Those who received grants received vocational training and then they were integrated into the labour market in some capacity.
In order to provide assistance to children and adolescents and their relatives who were involved in situations of sexual violence, the Government had instituted the Sentinel programme which provided expert social services. To date, there were 315 centres in place. Several public campaigns had also been carried out to explain sexual violence against children and adolescents.
With regard to adoption, there was no national data available; each State had its own system on collecting information on adoptions, the delegation noted.
Concerning a question about adolescents in conflict with the law, the delegation noted that there was some violence in schools which reflected violence in the society. This had to do both with poverty and the lack of justice. A youth programme in cooperation with cultural organizations and student associations had been set up and police and security officers had been trained especially to deal with this problem.
In response to a question, the delegation said if a youth of 15 years was accused of a crime and was either poor or out of school, the youth would be sent to a place of detention for a maximum of 45 days to wait for a hearing with a judge. Legal assistance was available for the follow up to these cases free of charge. There were three specialized courts for children.
With regard to organized crime, the delegation said there was a national effort in place with the involvement of federal states and the police which fell under the Ministry of Pubic Security for Training and Research to deal with this phenomenon.
Preliminary Remarks
LUIGI CITARELLA, the Committee Expert who served as country rapporteur to the report of Brazil, said the dialogue between the Committee and the delegation of Brazil had been very fruitful and the Committee as a result had a better view of the information on the country with regard to its implementation of the Convention. The new policy of the Brazilian Government was starting to give good results. However, poverty, discrimination and inequalities were the main obstacles facing the Government in addressing issues related to children and adolescents. Moreover, there were negative attitudes in society which often resulted in the killing of children and adolescents.
Some essential questions needed to be taken into account, Mr. Citarella said, and the lack of financial resources was noted. The Committee hoped that Brazil would improve its system of collecting information pertaining to the rights of the child. Much improvement was also needed in the fields of education and justice.
NORBERTO LIWSKI, the Committee Expert who served as country co-rapporteur to the report of Brazil, said that 14 years after starting the process of decentralization, Brazil had made progress in improving social conditions and in guaranteeing rights. There had been problems, however, with regard to adolescents in conflict with the law. Moreover, since Brazil was a decentralized State, there was a need for it to strengthen its central national policy on implementing the provisions of the Convention.
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