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COMMITTEE ON RIGHTS OF CHILD OFFERS PRELIMINARY OBSERVATIONS ON REPORT OF HONDURAS
25 May 1999
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AFTERNOON
HR/CRC/99/26
25 May 1999
Calls for Review of Legislation Related to Children, More Protections for Street Children, Greater Efforts to Change Cultural Attitudes
The Committee on the Rights of the Child offered preliminary conclusions and recommendations this afternoon on the first periodic report of Honduras, calling, among other things, for greater efforts to protect vulnerable children -- such as street children -- in a country with high rates of poverty, and additional programmes aimed at changing patriarchal and cultural attitudes that resulted in discrimination against girls.
Committee members also urged a thorough review of legislation to ensure that it was brought into line with the standards of the Convention on the Rights of the Child. The Committee noted that the Government had taken a number of positive steps on behalf of children since submission of the country's initial report in 1994, adding that it was clear that much of what could be done further depended on how much international aid was provided to help the country recover from Hurricane Mitch.
Formal conclusions and recommendations will be issued in writing towards the end of the panel's three-week session on 4 June.
Discussion over the course of the afternoon with a four-member Government delegation covered the general topics of civil rights and freedoms; family environment and alternative care; basic health and welfare; education, leisure and cultural activities; and special protection measures.
Delegation members, pressed by the Committee, outlined a number of measures taken to eliminate police maltreatment of street children and to prevent economic and sexual exploitation of such children; they also spoke at length about efforts to end sexual discrimination in a culture they said traditionally treated girls and women differently than boys and men.
The delegation presented its report this morning. As one of 191 States parties to the Convention on the Rights of the Child, Honduras must provide the Committee with periodic summaries of its efforts to protect and promote children's well-being in keeping with the provisions of the treaty.
The delegation consisted of Jorge Valladares, Executive Director of the Honduran Institute for Childhood and the Family (IHNFA); Selma Melendez, a judge for the Children's Court; Eduardo Villanueva, a Sub-director of the Office of the Attorney General; and Gracibel Bu Figueroa, Counsellor of the Honduran Embassy in Geneva.
The Committee will reconvene at 10 a.m. on Wednesday, 26 May, to begin consideration of a report from Benin.
Discussion
JORGE VALLADARES, Executive Director of the Institute for Childhood and the Family (IHNFA) of Honduras, said in response to questions that there was a national programme for street children. It was known which urban areas, and even which streets, were sources of street children, and there were programmes aimed at preventing economic or sexual exploitation of such children; efforts also were being made to prevent sex tourism.
A general plan had been established for implementation of the Convention, he said; a plan was actually critical now, in the wake of the hurricane; the Government needed a still more structured national approach. The National Youth Council also had worked with the United Nations Children’s Fund (UNICEF) and other agencies on a strategic plan on, among other things, helping young women to put their time to good use as a way of preventing teen-age pregnancies.
Other efforts were aimed at preventing maltreatment of youth, including street children, at police detention centres, following complaints to the Inter-American Court of Human Rights; among the problems brought before the court were those involving some 330 children kept in adult penitentiaries on sentences of up to two years; IHNFA had followed up on the matter, and was attempting to implement the steps proposed by the Inter-American Court, including proposals for compensation. It was not known how many police officials had been charged or proceeded against judicially for maltreatment of street children, but one officer had been sentenced last year for the murder of a child, and the Government had undertaken a series of investigations of complaints made by non-governmental organizations (NGOs) in relation to maltreatment of street children. The Government was determined that such abuses should not be carried out with impunity.
The police force had in fact been dissolved and reformed under civilian direction, Mr. Valladares said; the restructuring had been under way for a year, and conduct of officers and selection of new policemen was now much more rigorously controlled; it could not be said that the maltreatment of street children had been eliminated, but the Government was trying and was making progress. Children could complain directly now to the requisite commission, and complaints and investigations were taken seriously. IHNFA made sure such complaints were followed up thoroughly.
New legislation was aimed at preventing abuse of children within the family; family privacy was respected except in cases of suspected or proven abuse; then the Ministry of Security or the courts or the national Human Rights Commission could intervene and could provide assistance to the children involved, including counselling for children and the family. A study carried out by UNICEF had found cases of corporal punishment in the schools that went beyond what was acceptable; there had been some cases of sexual abuse committed by teachers as well. Corporal punishment in the schools was forbidden under the Children's Code, as was mental abuse, Mr. Valladares said. Violations could cost teachers their jobs, and parents who were abusive could lose parental rights if the courts so ruled. Parents also could be arrested and sentenced if an offence was serious enough.
A decree limited freedom of association in connection with a long-running conflict affecting Honduras, and it was true that this measure prohibited student associations, but in fact it was rarely applied and student organizations did exist, Mr. Valladares said; freedom of association for political purposes among secondary students did occur. Nonetheless, educational authorities were required to consider the relevant decree in relation to the formation and activities of student organizations.
Efforts were under way to make sure all births were registered, he said; there were regulations requiring it but the true task was one of educating and informing the public about the practice, in particular in remote areas of the country. Birth registration was closely tied with operation of the health system -- where health coverage was good, there tended to be fairly complete registration.
Boys were considered "boys" through age 12, and "adolescents" through 18, while girls were "girls" under the law through age 14, Mr. Valladares said; it was an arbitrary bit of legislation, it was true, but in practice the distinction had no consequences. The general principle that was important was that all persons under 18 were considered "children".
The National Congress had approved the general budget for the year three days ago, he said, with much of it focused on recovery after Hurricane Mitch; more than 50 per cent of the budget was set aside for education -- well above the traditional 35 per cent for "social coverage"; the Ministry of Education and Health in fact normally had a budget much higher than any other ministry. Much effort still had to be made to restore infrastructure damaged after last September's storm -- many communities were still cut off, as the bridges and roads that served them had not been rebuilt yet.
An Institute for Women and legislation on women's issues were part of efforts to eliminate discrimination against women and girls, Mr. Valladares said; a lot still had to be done at the cultural level so that girls were not automatically stereotyped towards reproductive and domestic activities; a number of campaigns had been undertaken to encourage equal treatment and expectations for girls.
For adoption to occur, a court had to issue a declaration of abandonment or obtain parental consent, he said; the proposed parents had to be found suitable; and agencies at the local level had a monitoring function with regard to any adoption; temporary placement of children was not allowed outside of Honduras. A new law on adoptions was being drafted.
There had been problems with privately operated centres using children for pornography, child prostitution, and other sexual exploitation, Mr. Valladares said; the Government was trying mightily to put a stop to such abuses, to sexual trafficking in children, and to the use of Honduras as a site for sexual tourism. There also were problems with drug abuse and drug trafficking among youths, and again the Government was doing its best to overcome them.
Some 300,000 children worked unofficially, he said; studies were being carried out on the informal economy to determine the true extent of child labour and on the conditions under which children worked. Industrial zones established in the north of the country had led to a number of complaints about exploitation of child labour in these zones; a tripartite organization had tackled the problem and the number of complaints since had declined significantly. Inspections were carried out without warning as a matter of policy in these zones to make sure employers in the industrial parks did not exploit children.
Among health problems in the country, maternal mortality remained high, Mr. Valladares said. Births often took place at home, and changing attitudes about the practice would take time, as would changing a tendency to seek out midwives rather than doctors to oversee deliveries. HIV/AIDS was having a major impact on the country's young people, and sex-education programmes were being discussed with the Catholic Church, which had a strong influence on Honduran society; public street campaigns had been carried out to educate the public on the use of condoms.
Youth gangs existed, and often were involved in drug trafficking and other illegal activities, he said; the gangs also unfortunately seemed to have a culture of violence. In rural families, there also tended to be a culture in which children were treated violently.
Preliminary conclusions and recommendations
Formal conclusions and recommendations on the report of Honduras will be issued in writing towards the end of the Committee's spring session on 4 June.
Committee members offered a number of preliminary observations, terming the report and dialogue frank and detailed and noting that the Government had taken a number of positive steps on behalf of children since submission of the country's initial report in 1994.
They added that it was clear that much of what could be done depended on how much international aid was provided to help the country recover from Hurricane Mitch, which struck last September and devastated the nation's infrastructure and economy. They urged greater efforts to help street children, indigenous children, and other children at risk, and proposed a technical review of legislation to eliminate any contradictions between domestic law and the standards of the Convention on the Rights of the Child.
The Committee urged greater educational efforts to revise cultural attitudes and traditions that were patriarchal and discriminated against girls. It was further recommended that the Government ratify International Labour Office Convention 130 on child labour; and that greater efforts be made to avoid detaining children in penitentiaries or reform institutions, and instead that alternative methods be found for their rehabilitation of such children. A revamping of the juvenile justice system in general also was recommended.
HR/CRC/99/26
25 May 1999
Calls for Review of Legislation Related to Children, More Protections for Street Children, Greater Efforts to Change Cultural Attitudes
The Committee on the Rights of the Child offered preliminary conclusions and recommendations this afternoon on the first periodic report of Honduras, calling, among other things, for greater efforts to protect vulnerable children -- such as street children -- in a country with high rates of poverty, and additional programmes aimed at changing patriarchal and cultural attitudes that resulted in discrimination against girls.
Committee members also urged a thorough review of legislation to ensure that it was brought into line with the standards of the Convention on the Rights of the Child. The Committee noted that the Government had taken a number of positive steps on behalf of children since submission of the country's initial report in 1994, adding that it was clear that much of what could be done further depended on how much international aid was provided to help the country recover from Hurricane Mitch.
Formal conclusions and recommendations will be issued in writing towards the end of the panel's three-week session on 4 June.
Discussion over the course of the afternoon with a four-member Government delegation covered the general topics of civil rights and freedoms; family environment and alternative care; basic health and welfare; education, leisure and cultural activities; and special protection measures.
Delegation members, pressed by the Committee, outlined a number of measures taken to eliminate police maltreatment of street children and to prevent economic and sexual exploitation of such children; they also spoke at length about efforts to end sexual discrimination in a culture they said traditionally treated girls and women differently than boys and men.
The delegation presented its report this morning. As one of 191 States parties to the Convention on the Rights of the Child, Honduras must provide the Committee with periodic summaries of its efforts to protect and promote children's well-being in keeping with the provisions of the treaty.
The delegation consisted of Jorge Valladares, Executive Director of the Honduran Institute for Childhood and the Family (IHNFA); Selma Melendez, a judge for the Children's Court; Eduardo Villanueva, a Sub-director of the Office of the Attorney General; and Gracibel Bu Figueroa, Counsellor of the Honduran Embassy in Geneva.
The Committee will reconvene at 10 a.m. on Wednesday, 26 May, to begin consideration of a report from Benin.
Discussion
JORGE VALLADARES, Executive Director of the Institute for Childhood and the Family (IHNFA) of Honduras, said in response to questions that there was a national programme for street children. It was known which urban areas, and even which streets, were sources of street children, and there were programmes aimed at preventing economic or sexual exploitation of such children; efforts also were being made to prevent sex tourism.
A general plan had been established for implementation of the Convention, he said; a plan was actually critical now, in the wake of the hurricane; the Government needed a still more structured national approach. The National Youth Council also had worked with the United Nations Children’s Fund (UNICEF) and other agencies on a strategic plan on, among other things, helping young women to put their time to good use as a way of preventing teen-age pregnancies.
Other efforts were aimed at preventing maltreatment of youth, including street children, at police detention centres, following complaints to the Inter-American Court of Human Rights; among the problems brought before the court were those involving some 330 children kept in adult penitentiaries on sentences of up to two years; IHNFA had followed up on the matter, and was attempting to implement the steps proposed by the Inter-American Court, including proposals for compensation. It was not known how many police officials had been charged or proceeded against judicially for maltreatment of street children, but one officer had been sentenced last year for the murder of a child, and the Government had undertaken a series of investigations of complaints made by non-governmental organizations (NGOs) in relation to maltreatment of street children. The Government was determined that such abuses should not be carried out with impunity.
The police force had in fact been dissolved and reformed under civilian direction, Mr. Valladares said; the restructuring had been under way for a year, and conduct of officers and selection of new policemen was now much more rigorously controlled; it could not be said that the maltreatment of street children had been eliminated, but the Government was trying and was making progress. Children could complain directly now to the requisite commission, and complaints and investigations were taken seriously. IHNFA made sure such complaints were followed up thoroughly.
New legislation was aimed at preventing abuse of children within the family; family privacy was respected except in cases of suspected or proven abuse; then the Ministry of Security or the courts or the national Human Rights Commission could intervene and could provide assistance to the children involved, including counselling for children and the family. A study carried out by UNICEF had found cases of corporal punishment in the schools that went beyond what was acceptable; there had been some cases of sexual abuse committed by teachers as well. Corporal punishment in the schools was forbidden under the Children's Code, as was mental abuse, Mr. Valladares said. Violations could cost teachers their jobs, and parents who were abusive could lose parental rights if the courts so ruled. Parents also could be arrested and sentenced if an offence was serious enough.
A decree limited freedom of association in connection with a long-running conflict affecting Honduras, and it was true that this measure prohibited student associations, but in fact it was rarely applied and student organizations did exist, Mr. Valladares said; freedom of association for political purposes among secondary students did occur. Nonetheless, educational authorities were required to consider the relevant decree in relation to the formation and activities of student organizations.
Efforts were under way to make sure all births were registered, he said; there were regulations requiring it but the true task was one of educating and informing the public about the practice, in particular in remote areas of the country. Birth registration was closely tied with operation of the health system -- where health coverage was good, there tended to be fairly complete registration.
Boys were considered "boys" through age 12, and "adolescents" through 18, while girls were "girls" under the law through age 14, Mr. Valladares said; it was an arbitrary bit of legislation, it was true, but in practice the distinction had no consequences. The general principle that was important was that all persons under 18 were considered "children".
The National Congress had approved the general budget for the year three days ago, he said, with much of it focused on recovery after Hurricane Mitch; more than 50 per cent of the budget was set aside for education -- well above the traditional 35 per cent for "social coverage"; the Ministry of Education and Health in fact normally had a budget much higher than any other ministry. Much effort still had to be made to restore infrastructure damaged after last September's storm -- many communities were still cut off, as the bridges and roads that served them had not been rebuilt yet.
An Institute for Women and legislation on women's issues were part of efforts to eliminate discrimination against women and girls, Mr. Valladares said; a lot still had to be done at the cultural level so that girls were not automatically stereotyped towards reproductive and domestic activities; a number of campaigns had been undertaken to encourage equal treatment and expectations for girls.
For adoption to occur, a court had to issue a declaration of abandonment or obtain parental consent, he said; the proposed parents had to be found suitable; and agencies at the local level had a monitoring function with regard to any adoption; temporary placement of children was not allowed outside of Honduras. A new law on adoptions was being drafted.
There had been problems with privately operated centres using children for pornography, child prostitution, and other sexual exploitation, Mr. Valladares said; the Government was trying mightily to put a stop to such abuses, to sexual trafficking in children, and to the use of Honduras as a site for sexual tourism. There also were problems with drug abuse and drug trafficking among youths, and again the Government was doing its best to overcome them.
Some 300,000 children worked unofficially, he said; studies were being carried out on the informal economy to determine the true extent of child labour and on the conditions under which children worked. Industrial zones established in the north of the country had led to a number of complaints about exploitation of child labour in these zones; a tripartite organization had tackled the problem and the number of complaints since had declined significantly. Inspections were carried out without warning as a matter of policy in these zones to make sure employers in the industrial parks did not exploit children.
Among health problems in the country, maternal mortality remained high, Mr. Valladares said. Births often took place at home, and changing attitudes about the practice would take time, as would changing a tendency to seek out midwives rather than doctors to oversee deliveries. HIV/AIDS was having a major impact on the country's young people, and sex-education programmes were being discussed with the Catholic Church, which had a strong influence on Honduran society; public street campaigns had been carried out to educate the public on the use of condoms.
Youth gangs existed, and often were involved in drug trafficking and other illegal activities, he said; the gangs also unfortunately seemed to have a culture of violence. In rural families, there also tended to be a culture in which children were treated violently.
Preliminary conclusions and recommendations
Formal conclusions and recommendations on the report of Honduras will be issued in writing towards the end of the Committee's spring session on 4 June.
Committee members offered a number of preliminary observations, terming the report and dialogue frank and detailed and noting that the Government had taken a number of positive steps on behalf of children since submission of the country's initial report in 1994.
They added that it was clear that much of what could be done depended on how much international aid was provided to help the country recover from Hurricane Mitch, which struck last September and devastated the nation's infrastructure and economy. They urged greater efforts to help street children, indigenous children, and other children at risk, and proposed a technical review of legislation to eliminate any contradictions between domestic law and the standards of the Convention on the Rights of the Child.
The Committee urged greater educational efforts to revise cultural attitudes and traditions that were patriarchal and discriminated against girls. It was further recommended that the Government ratify International Labour Office Convention 130 on child labour; and that greater efforts be made to avoid detaining children in penitentiaries or reform institutions, and instead that alternative methods be found for their rehabilitation of such children. A revamping of the juvenile justice system in general also was recommended.