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COMMITTEE ON THE RIGHTS OF THE CHILD REVIEWS INITIAL REPORT OF ESTONIA

14 January 2003



The Committee on the Rights of the Child reviewed today a consolidated initial and second periodic report of Estonia, with a Government delegation telling the panel that 6 per cent of the Gross Domestic Product (GDP) was allocated for education, exceeding the European Union average of 5.2 per cent.
Introducing her country's report, Marina Kaljurand, Deputy Under-Secretary of the Ministry of Foreign Affairs of Estonia, said the Government had taken steps over the past decade to implement Constitutional principles and the principles deriving from international treaties. The creation of the country's social insurance scheme, although it could not yet cover all the sectors, had benefited families with children, and the benefits had steadily increased, she said; pre-school age children and children of single parents were the greatest recipients of such aid.
Responding to questions raised by Committee Experts, members of the Estonian delegation said among other things that steps were being taken to reduce violence against children, which was recognized as a problem; that fifty youth-counselling bureaus had been created in larger population centres; and that ministries and the municipalities had wide-ranging responsibilities for promoting the rights of children.
The Committee's formal, written conclusions and recommendations on the report of Estonia will be released towards the end of its three-week session on 31 January.
Other members of the Estonian delegation were Mai Hion, Director of Human Rights Division; Artur Kink, Third Secretary of International Treaties Division of the Ministry of Foreign Affairs; Tiia Pertel, Chief Specialist of the Public Health Department; Signe Riisalo, Chief Specialist of the Social Welfare Department; Aive Sarjas and Pille Liimal, Advisors of Ministry of Social Affairs; Madis Jarv, Counsellor of the Department of Eurointegration and International Relations of the Ministry of Culture; Kalmar Kurs, Youth Policy Advisor of the Ministry of Education and Science; and Kirke Kraav, Third Secretary of Permanent Mission of Estonia in Geneva.
Estonia, as one of 191 States parties to the Convention on the Rights of the Child, is obligated to submit periodic reports to the Committee on efforts to promote and protect the rights of the child.
When the Committee reconvenes at 10 a.m. Wednesday, 15 January, it will begin review of a second periodic report of the Republic of Korea (document CRC/C/70/Add.14).
Report of Estonia
The consolidated initial and second periodic reports of Estonia (document CRC/C/8/Add.45) enumerate the various legislative, administrative and juridical measures undertaken with the aim of implementing the provisions of the Convention. In 1992, the Child Protection Act was adopted based on the provisions of the Convention. According to the Act, persons below the age of 18 are considered as children. In addition, the working plan of the Ministry of Social Affairs includes drawing up a strategy for the protection of children. The main goal of the strategy will be to help improve and amend legislation and better implement the Convention.
The report notes that in Estonia, no assessment has been made covering the full range of articles of the Convention in comparison with national legislation. However, an assessment has been made of the alignment of Estonian legislation with certain aspects of the Convention. For example, a comparative analysis had been made on the topic of preventive and corrective action to alter the social behaviour of children who have committed legal offences.
The report notes that many foreign countries and several international organizations have provided assistance for the solution of problems related to child protection. Within the European Union STOP programme, a project for the prevention of commercial sexual exploitation of children has been financed in Estonia. Several projects for the protection of the health of children and youth have been financed through the EU "Phare" programme.
The report says the country's Constitution guarantees the rights, freedoms and duties of each and every person, and these rights are equal for Estonian citizens, for citizens of foreign States, and for stateless persons in Estonia; everyone is guaranteed the freedom of expression; and everyone has the right, without prior permission, to assemble peacefully and to conduct meetings.
Introductory Statement
MARINA KALJURAND, Deputy Under-Secretary of the Ministry of Foreign Affairs of Estonia, said that in order to implement all Constitutional principles and the principles deriving from international treaties, her country had taken steps during its ten years of renewed independence. A sufficient national legal base had been laid down, and necessary mechanisms had been established to implement all legislative principles.
The creation of the social insurance scheme, although it could not yet cover all sectors, had benefited families with children, Ms. Kaljurand said. Benefits had constantly increased and pre-school age children and children of single parents received the greatest benefits. Additional benefits were available for families with many children.
Ms. Kaljurand said further measures had been taken to integrate disabled children into the mainstream of national education by providing them with economic assistance. The State also supported children who were not able to pursue their studies for economic reasons. Boarding school facilities had been established for such children to resolve some of their problems in school attendance. In addition, a school meals programme had been developed together with a system for the distribution of free school materials to enable children to complete their compulsory education.
Ms. Kaljurand said preliminary work had been started for the adoption of a new Child Welfare Act in 2004. The Government would also approve a strategy for guaranteeing the rights of the child that would include all the issues concerning the welfare of the child; and would create conditions for an environment favourable to s child's growth and development. The strategy would aim to establish a better and more coordinated implementation of the different aspects of the Convention on the Rights of the Child.
Discussion
Committee Experts raised numerous questions under the main topics of general measures of implementation of the Convention, and definition of the child. The questions focused among other things on monitoring and coordination; definition of the child; the role of the Estonian Legal Chancellor; disparities between regions; follow-up measures to new legislation; and budgetary allocations for activities concerning children.
Members of the Estonian delegation said among other things that the Convention had been translated into the Estonian and Russian languages and it was also available on the Website of the Ministry of Foreign Affairs. Estonian reports submitted to various UN treaty bodies had also been translated into Estonian. However, their translation into Russian had been hampered by a lack of adequate funds.
Children between the ages of 16 and 18 could marry with the consent of their parents or guardians, the delegation said. However, in practice, the number of cases of early marriage was minimal. Persons over age 7 were considered to have limited active legal capacity and had the right to enter into transactions with the consent of a legal representative. Minors under the age of 7 had no active legal capacity.
Ministries and the municipalities were responsible for promoting the rights of children in the country through their various activities concerning the child and the family, the delegation said. The various municipalities also played a major role in the implementation of the right to education. Families with children received allowances from local municipalities to ease their living expenses.
The Legal Chancellor was an independent official who monitored the conformity of legal and administrative measures with the Constitution and other international treaties, the delegation said. The Chancellor was appointed by Parliament and was accountable to it through the submission of periodic reports. The Chancellor could only be removed by judicial decision, initiated by the country's President and the majority of deputies. There was no special unit in the office of the Legal Chancellor dealing with child issues.
Committee Experts went on to raise questions under the topics of general principles, civil rights and freedoms, and family environment and alternative care. The questions touched upon issues such as violence against children, particularly bullying in schools; the number of children placed in institutions; the status of minorities and cases of discrimination; national and inter-country adoption policy; the situation of drug addiction and alcohol abuse among adolescents; and the number of people living below the poverty level.
In each municipality, there was at least one social worker dealing with family and child affairs, the delegation said. In bigger municipalities, there were more such officials, with at least three individuals dealing with different social aspects, including child affairs.
The resources allocated for social services had increased over the last few years, the delegation said. The health and education sectors were among the areas that had benefited. In Estonia, the amount allocated to education stood at 6 per cent of the Gross Domestic Product (GDP), which was higher than the European Union average of 5.2 per cent.
Private kindergarten and pre-school institutions should receive licenses from the Ministry of Education before starting operation, the delegation said. Private contributions to the promotion of education were highly valued by the Government of Estonia.
The Government had been taking measures, through social security and other forms of assistance, to reduce the poverty rate among families with children, the delegation said. Social assistance benefits were also distributed through cash payments and housing facilities. Unemployed persons also had been receiving unemployment insurance benefits -- half of their previous salaries. Measures undertaken by the State had reduced marginalization and social exclusion, which were among the factors causing poverty.
Among the 1.37 million inhabitants of Estonia, according to 2000 census, 84 per cent of children were Estonian citizens, the delegation said, adding that the Government was making Estonian citizenship more attractive for those who wished to acquire it. The Estonian population made up 68 per cent of the population of the country, while Russians accounted for 25.6 per cent. The remainder of the population belonged to a series of other nationalities. Twenty-three thousand children residing in Estonian territory held "alien passports", thus they were not considered "stateless". "Alien passports" were valid for travelling. While 2.5 per cent of the child population belonged to Russian community, the nationality of 11 per cent of children under 18 years of age was not determined. Despite the efforts of the Government to make the acquisition of Estonian nationality more alluring, the pace of requests for naturalization was slow, with only 2 per cent of those eligible requesting it every year.
Child adoption was not decided by the Ministry of Social Affairs, the delegation said, alluding to an Expert's assertion. Only district courts could decide on cases of adoption. Children placed in "shelters" could stay for a period less than three months before they were either placed in foster care or adopted. If a child without any national status was adopted by an Estonian family, he or she would be automatically granted Estonian citizenship.
Fifty youth counselling bureaus had been created in larger population centres on the initiative of the Estonian Family Planning Union, the delegation said. They were available for adolescents seeking information issues related to sex, human relations and contraception. On request, the counselling centres could send specialists to schools to help teachers in providing sex education and health education.
Violence against children had become a problem in the Estonian society, the delegation said. In response, seminars were being held and centres had been created for victims of violence, in close cooperation with other Baltic countries. The State had been financing service-providing centres and facilitating regional cooperation in dealing with the perpetrators of violence against children. A written slogan "Don't Hit a Child" had been circulating throughout the country to prevent any form of physical abuse of children, as part of an awareness-raising campaign against corporal punishment.
Preliminary Concluding Remarks
JUDITH KARP, Committee Expert, thanked the members of the delegation for their efforts in providing answers to the questions raised by Committee Experts. Despite the Government's endeavours to implement human rights in all spheres, problems persisted concerning children, Ms. Karp said. Estonia still had much to do to better the situation of children in the country.
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