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08 October 1999
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HR/CRC/99/56
8 October 1999
COMMITTEE ON RIGHTS OF CHILD CONCLUDES TWENTY-SECOND SESSION
Issues Final Observations and Recommendations on Reports of Venezuela, Russian Federation, Vanuatu, Mexico, Mali and the Netherlands
The Committee on the Rights of the Child concluded its three-week autumn session this morning by issuing comments and recommendations on reports submitted to it by Venezuela, the Russian Federation, Vanuatu, Mexico, Mali, and the Netherlands.
The six countries, in keeping with their obligations as States parties to the Convention on the Rights of the Child, presented to the Committee written and oral summaries of their efforts to promote and protect children's rights. The countries also sent official delegations to answer questions and hear the opinions of the Committee's 10 independent experts.
The Committee recommended, among other things, that measures be reinforced in Vanuatu to raise awareness on the negative effects of corporal punishment and ensure that alternative forms of discipline were administrated; that studies be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse, to understand the scope and nature of those practices, and to adopt adequate measures and policies that contribute to changing attitudes; that the necessary resources be allocated for programmes and facilities for children with disabilities; and that efforts be increased in promoting adolescent health policies, particularly with respect to accidents, suicides, violence, alcohol consumption and tobacco use. The Committee acknowledged that the socio-economic, geographic and political difficulties facing the Government there had impeded the full implementation of the Convention.
The Committee suggested, among other things, that measures be intensified in the Russian Federation to reduce economic, social and regional disparities; that all appropriate measures be taken with a view toward bringing about a reversal in recent increases in child suicide and killings, and promoting preventive efforts; that the State party monitor, and bring to an end, corporal punishment practiced in institutions; that special attention be given to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family; and that effective measures be taken to provide families, where children might be at risk of neglect and abuse, with support, education and counselling services, so as to prevent the occurrence of abuse and the need to remove children from parental care.
The Committee recommended, among other things, that Mexico effectively implement a juvenile justice system in accordance with the Convention and other related international standards; that the improvement of the conditions of children living in prisons and detention centres be ensured; that correctional centres for the rehabilitation of children in conflict with the law be developed; that the use of violence by law enforcement officials be prohibited; that prompt access to justice for those children in pre-trial detention be guaranteed; and that it strengthen its training programmes on the relevant international standards for judges, professionals and staff working in the field of juvenile justice. The Committee noted that widespread poverty and long-standing economic and social disparities within the State party were still affecting the most vulnerable groups, including children, and hampering the enjoyment of the rights of the child in the country.
The Committee recommended, among other things, that Venezuela continue taking effective measures to reduce economic and social disparities; implement measures to prevent discrimination against the most disadvantaged groups of children, including girls, as well as children belonging to indigenous and other ethnic groups, children with disabilities, children born out of wedlock, and children living and/or working in the streets; undertake further efforts to ensure the implementation of the principles of "best interests of the child" and "respect for the views of the child", especially his or her rights to participate in the family, at school, within other institutions and in society in general. The Committee noted that widespread poverty and long-standing economic and social disparities within Venezuela had a negative impact on the situation of children and had impeded the full implementation of the Convention.
The Committee recommended to the Netherlands that a breast-feeding promotion campaign be undertaken, stressing its advantages and the negative impact of substitutes, while providing counselling to HIV/AIDS infected mothers about the risk of transmission through breast-feeding; that efforts be continued to prevent bullying in schools, to collect information on the extent of that phenomenon and, in particular, to strengthen structures to enable children to participate adequately in addressing and resolving that problem; that the Government reconsider its present armed forces recruitment polices, with a view of setting the minimum age of service in the armed forces at 18; and that the State party ensure that under the existing law no child under the age of 16 at the time of commission of a crime is tried under adult criminal law, and to review its reservation on this, with a view to its withdrawal. The Committee welcomed the commitment and efforts of the State party in achieving a commendable degree of enjoyment of the rights of children within the country.
And the Committee recommended to Mali, among other things, that appropriate resources be allocated and comprehensive policies and programmes be developed to improve the health situation of children; facilitate greater access to primary health services; reduce the incidence of maternal, child and infant mortality; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and increase access to safe drinking water and sanitation; that efforts be strengthened to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of girls; that the State party continue its efforts to promote the school attendance of girls; and that programmes be promoted to discourage and prevent child-begging and to ensure that such programmes were implemented in all areas where child begging was a concern. The Committee noted that the Convention had been translated into Bamanan and Soninke languages.
On its final day, the Committee also adopted a recommendation on the administration of juvenile justice calling upon States to give urgent attention to undertake all appropriate legislative, administrative, and other measures for fully implementing the provisions of the Convention and existing standards relating to the administration of juvenile justice. It stressed the importance of identifying and understanding the legal, social, financial and other obstacles preventing the full implementation of the provision of the Convention and existing standards relating to the administration of juvenile justice, and of designing ways and means to overcome those obstacles, including raising awareness and strengthening technical assistance.
Also during its session, the Committee held a two-day commemorative meeting on the tenth anniversary of the Convention on the Rights of the Child, by uniting children from different parts of the world, representatives of Governments, United Nations specialized agencies, and non-governmental organizations (NGOs). The meeting, which was organized by the Office of the High Commissioner for Human Rights and the Committee on the Rights of the Child, recommended, among other things, that the Committee's monitoring role include the assessment of measures undertaken to ensure full compatibility of law and practice with the Convention, as well as remove obstacles to its implementation.
The Committee's next session will be held from 10 to 20 January 2000. At its twenty-third session, the panel is scheduled to review reports from India, Sierra Leone, Costa Rica, the former Yugoslav Republic of Macedonia, South Africa, Armenia, Peru and Grenada.
Concluding observations and recommendations on country reports
Among positive aspects in the report of Venezuela, the Committee welcomed the adoption of the Organic Law for the Protection of Children and Adolescents (1999), which reflected the principles and provisions of the Convention. It also welcomed the existence of a partnership between the authorities of the State party and NGOs working for and with children.
The Committee noted that widespread poverty and long-standing economic and social disparities within the State party had a negative impact on the situation of children and had impeded the full implementation of the Convention. The Committee also noted that the situation had been particularly aggravated by severe economic crises and drastic economic reforms. It acknowledged that the State party was going through an important process of political, social and economic transformation, which was a positive fact, but the Committee was concerned that the transformation might result in a considerable slow-down of the efforts to fully implement the Convention.
The Committee recommended, among other things:
-- that the State party continue in its efforts to introduce the protection of human rights, including the rights of the child, in its new Constitution;
-- that the State party take as a priority the process of implementation of the new Organic Law for the Protection of Children and Adolescents (LOPNA), and that it take effective measures, including the allocation of sufficient levels of resources, both financial and human, for the full implementation of this legislation;
-- that effective measures be taken in order to strengthen current coordination among the various governmental bodies, at the federal, state and municipal levels, involved in the implementation of the Convention;
-- that efforts be reinforced to make the provisions and principles of the Convention widely known and understood by adults and children alike;
-- that sensitization and training programmes to all professional groups working with and for children be reinforced;
-- that priority be given to the full implementation of article 4 of the Convention and ensure the appropriate distribution of resources at the central and local levels;
-- that the State party harmonize and increase the minimum legal ages for marriages, and that it undertake awareness-raising campaigns on the negative effects of early marriage;
-- that Venezuela continue taking effective measures to reduce economic and social disparities; and measures to prevent discrimination against the most disadvantaged groups of children, including girls, children belonging to indigenous and other ethnic groups, children with disabilities, children born out of wedlock, and children living and/or working in the streets, should be reinforced;
-- that further efforts be made to ensure the implementation of the principles of "best interests of the child" and "respect for the views of the child", especially his or her rights to participate in the family, at school, within other institutions and in society in general.
Among positive aspects to the report of Russian Federation, the Committee took note of the efforts made by the State party to strengthen the legislative base for the protection of the rights of the child in the Russian Federation. It welcomed the establishment of the Human Rights Commissioner in 1997, of the intersectoral committee, and of the child rights commissioners in five regions and cities.
The Committee recommended, among other things:
-- that co-ordination be strengthened between the various government bodies involved in child rights at both federal and regional levels;
-- that the State party undertake all appropriate measures to the maximum extent of its available resources to ensure that budgetary allocations to provide for health, education and other social services for children were adequately protected, and in particular for children belonging to vulnerable and marginalized groups;
-- that it ensure that all benefit payments payments were made, that the use of targeted benefits be monitored, and that he presidential programmes including in “children in Russia" all be appropriately funded;
-- that budgetary allocation policies be reviewed so as to maximize the available resources allocated to the protection of the most vulnerable groups, and continue to implement the Committee's 1993 recommendation regarding careful monitoring of the impact of the economic crisis on the standard of living of children;
-- that measures be intensified to reduce economic, social and regional disparities, and take further steps;
-- that all appropriate measures be taken with a view to bringing about a reversal in recent increases in child suicide and killings, and toward promoting preventive efforts;
-- that the State party monitor and bring to an end corporal punishment practised in institutions;
-- that special attention be given to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family;
-- that effective measures be taken to provide families, where children might be at risk of neglect or abuse, with support, education and counseling services, so as to prevent the occurence of abuse and the need to remove children from parental care;
--that efforts be pursued to improve the early diagnosis of children with physical and mental disabilities, and to prevent as much as possible their placement in institutions.
The Committee said there were positive aspects in the situation in Vanuatu, including the initiative to establish an Ombudsman Office mandated to handle complaints by children whose rights had been violated, the availability of the Convention in English and French, and the efforts made by the State party in the area of primary health care services which had improved the chances of survival and development for children.
The Committee acknowledged that the socio-economic, geographical and political difficulties facing the State party had impeded the full implementation of the Convention. It also acknowledged the vulnerability of the State party with respect to natural disasters such as cyclones, typhoons, tidal waves and flooding and the challenges faced in that regard.
The Committee recommended, among other things:
-- that the State party undertake a review of is domestic legislation with a view to ensuring full conformity with the principles and provisions of the Convention;
-- that it consider the enactment of a comprehensive children's code;
-- that adequate funding be allocated to ensure that the proposal to establish a Children's Office and a National Children's Committee were effectively established;
-- that all appropriate measures be undertaken to implement the National Programme of Action for Children;
-- that particular attention be paid to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources;
-- that more creative methods to promote the Convention, including through visual aids such as picture books and posters be developed, in addition to the use of traditional folk songs, dance and plays in promoting the principles and provisions of the Convention;
-- that legislation be reviewed in order to bring it into full conformity with the provisions and principles of the Convention.
Among positive aspects to the situation in Mexico, the Committee welcomed the State party's accession to the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption in line with the Committee's recommendation. It also welcomed the measures taken by the State party to prevent and combat the abuse of drugs by children.
The Committee recommended, among other things:
-- that the State party continue with its process of legislative reform to ensure that domestic legislation related to children's rights, both at the federal and state levels, were in full conformity with the principles and provisions of the Convention and reflected its holistic approach;
-- that reviewing and updating of data collection systems be continued with the view to including all areas covered by the Convention;
-- that systematic education and training programmes be undertaken on the provisions of the Convention for parliamentarians and all professional groups working for and with children;
-- that legislative reform be taken, both at the federal and state levels, to raise and equalize the minimum legal ages of marriage of boys and girls;
-- that measures be increased to reduce economic and social disparities, including between urban and rural areas, to prevent discrimination against the most disadvantaged groups of children;
-- that further efforts be made to ensure the implementation of the principles of "best interests of the child" and "respect for the views of the child", especially his or her rights to participate in the family, at school, within other institutions and in society in general;
-- that measures be strengthened to ensure the immediate registration of the birth of all children, especially of those living in rural and remote areas and belonging to indigenous groups;
-- that the State party reinforce its judicial mechanisms to deal effectively with complaints of police brutality, ill-treatment and abuse of children, and that cases of violence and abuse against children be duly investigated in order to avoid the impunity of perpetrators;
-- that necessary steps continued to be taken for developing alternative measures to institutional care of children;
-- that the State party continue taking effective measures to ensure access to basic health care and services for all children;
-- that it continue with its efforts in the field of education by strengthening its educational policies and system in order to reduce regional disparities in access to education, and to strengthen on-going retention programmes and vocational training for drop-out students.
Among the positive aspects in the report of Mali, the Committee welcomed the implementation of a National Plan of Action for the Survival, Development and Protection of Children (1992-2000). It noted that the Convention had been translated into Bamanan and Soninke, the State party's most widely spoken languages. It expressed appreciation for the State party's efforts in encouraging greater child participation and promoting respect for the views of the child.
The Committee recommended, among other things:
-- that all necessary measures be taken to facilitate the process at the earliest possible opportunity to withdraw reservation to article 16 of the Convention;
-- that all necessary measures be taken to ensure the early enactment of the draft Code of General Social Protection and to ensure that its domestic legislation conformed fully with the principles and provisions of the Convention;
-- that an independent child-friendly mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations;
-- that the system of data collection be reveiwed with a view to incorporating all the areas covered by the Convention;
-- that particular attention be paid to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social, and cultural rights of children, to the maximum extent of available resources;
-- that greater efforts be made to ensure that the provisions of the Convention were widely understood by adults and children alike;
-- that efforts be increased to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it related to the vulnerable groups;
-- that the State party continue promoting public awareness of the participatory rights of children and encouraging respect for the views of the child within schools, families, social institutions, and the care and judicial systems;
-- that birth registration was made accessible to all parents within the State party;
-- that existing and/or new appropriate measures be reinforced to protect children from harmful information;
-- that additional programmes be developed to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions.
And in the report of the Netherlands, the Committee welcomed the commitment and efforts of the State party in achieving a commendable degree of enjoyment of the rights of children within the State party through the establishment of infrastructure, comprehensive policies, legislation, administrative and other measures. Moreover, the Committee commended the State party for its continued commitment to the rights of the child in its development assistance programmes, and noted with satisfaction that the State party has exceeded the United Nations target of 0.7 per cent of GDP for development assistance. It further commended the State party's efforts to combat the phenomenon of child-sex tourism.
The Committee recommended, among other things:
-- that the State party consider the withdrawal of all of its reservations;
-- that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention in order to maintain a high-level of awareness of the importance of the Convention among children and parents, and all sectors and levels of government, and civil society;
-- that a comprehensive national plan of action be adopted to implement the Convention, and give increased attention to intersectoral coordination and cooperation and between central, provincial and municipal levels of government;
-- that adequate measures be taken to ensure that medical advice and treatment remain confidential for children of appropriate age and maturity, in accordance with articles 12 and 16 of the Convention;
-- that a breast-feeding promotion campaign be undertaken, stressing its advantages and the negative impact of substitutes, while providing counselling to HIV/AIDS infected mothers about the risk of transmission of this through breast-feeding;
-- that the State party consider introducing human rights issues into the school curriculum at earlier ages, and ensure that the Convention on the Rights of the Child and its provisions are adequately covered in the existing curricula for older children and in new curricula for primary school pupils.
Recommendation on the Administration of Juvenile Justice
On its final day, the Committee also adopted a recommendation on the administration of juvenile justice, calling upon States to give urgent attention to undertake all appropriate legislative, administrate, and other measures for fully implementing the provisions of the Convention and existing standards relating to the administration of juvenile justice.
The Committee stressed the importance of identifying and understanding the legal, social, financial and other obstacles preventing the full implementation of the provision of the Convention and existing standards relating to the administration of juvenile justice, and of designing ways and means to overcome those obstacles, including raising awareness and strengthening technical assistance.
It requested the High Commissioner for Human Rights to give priority to promoting the implementation of the provisions of the Convention and existing standards relating to the administration of juvenile justice, and to consider what steps might be taken to identify obstacles preventing their full implementation, and of designing ways and means to overcome those obstacle, including raising awareness and strengthening technical assistance, in cooperation with United Nations agencies and bodies, and other partners.
The Committee suggested the High Commissioner for Human Rights facilitate and encourage all appropriate UN agencies and bodies to enhance their work in the area of the administration of juvenile justice and to use the Convention as their main tool to achieve that objective. It invited the High Commissioner to inform the Committee of progress made in that area.
Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention makes States which accept it legally accountable for their actions towards children. Work on its drafting began in 1979 -- the International Year of the Child -- at the Commission on Human Rights.
The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that: every child has the right to life, and States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.
Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; that children should not be separated from their parents, unless by competent authorities for their well-being; States should facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own culture, religion and language.
A conference of State parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following experts, nominated by the State parties to serve in their personal capacity, have been elected to the Committee: Jacob Doek (the Netherlands), Amina Le Guindi (Egypt), Francesco Paolo Fulci (Italy), JudithKarp (Israel), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).
Chairwoman is Mrs. Mboi. Vice Chairpersons are Mrs. Sardenberg,
Mrs. Mokhuane, and Mr. Rabah. Mr. Doek is Rapporteur. Mrs. Mboi noted that she was resigning following the conclusion of the session. An election will be held at the beginning of the next session to succeed her.
HR/CRC/99/56
8 October 1999
COMMITTEE ON RIGHTS OF CHILD CONCLUDES TWENTY-SECOND SESSION
Issues Final Observations and Recommendations on Reports of Venezuela, Russian Federation, Vanuatu, Mexico, Mali and the Netherlands
The Committee on the Rights of the Child concluded its three-week autumn session this morning by issuing comments and recommendations on reports submitted to it by Venezuela, the Russian Federation, Vanuatu, Mexico, Mali, and the Netherlands.
The six countries, in keeping with their obligations as States parties to the Convention on the Rights of the Child, presented to the Committee written and oral summaries of their efforts to promote and protect children's rights. The countries also sent official delegations to answer questions and hear the opinions of the Committee's 10 independent experts.
The Committee recommended, among other things, that measures be reinforced in Vanuatu to raise awareness on the negative effects of corporal punishment and ensure that alternative forms of discipline were administrated; that studies be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse, to understand the scope and nature of those practices, and to adopt adequate measures and policies that contribute to changing attitudes; that the necessary resources be allocated for programmes and facilities for children with disabilities; and that efforts be increased in promoting adolescent health policies, particularly with respect to accidents, suicides, violence, alcohol consumption and tobacco use. The Committee acknowledged that the socio-economic, geographic and political difficulties facing the Government there had impeded the full implementation of the Convention.
The Committee suggested, among other things, that measures be intensified in the Russian Federation to reduce economic, social and regional disparities; that all appropriate measures be taken with a view toward bringing about a reversal in recent increases in child suicide and killings, and promoting preventive efforts; that the State party monitor, and bring to an end, corporal punishment practiced in institutions; that special attention be given to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family; and that effective measures be taken to provide families, where children might be at risk of neglect and abuse, with support, education and counselling services, so as to prevent the occurrence of abuse and the need to remove children from parental care.
The Committee recommended, among other things, that Mexico effectively implement a juvenile justice system in accordance with the Convention and other related international standards; that the improvement of the conditions of children living in prisons and detention centres be ensured; that correctional centres for the rehabilitation of children in conflict with the law be developed; that the use of violence by law enforcement officials be prohibited; that prompt access to justice for those children in pre-trial detention be guaranteed; and that it strengthen its training programmes on the relevant international standards for judges, professionals and staff working in the field of juvenile justice. The Committee noted that widespread poverty and long-standing economic and social disparities within the State party were still affecting the most vulnerable groups, including children, and hampering the enjoyment of the rights of the child in the country.
The Committee recommended, among other things, that Venezuela continue taking effective measures to reduce economic and social disparities; implement measures to prevent discrimination against the most disadvantaged groups of children, including girls, as well as children belonging to indigenous and other ethnic groups, children with disabilities, children born out of wedlock, and children living and/or working in the streets; undertake further efforts to ensure the implementation of the principles of "best interests of the child" and "respect for the views of the child", especially his or her rights to participate in the family, at school, within other institutions and in society in general. The Committee noted that widespread poverty and long-standing economic and social disparities within Venezuela had a negative impact on the situation of children and had impeded the full implementation of the Convention.
The Committee recommended to the Netherlands that a breast-feeding promotion campaign be undertaken, stressing its advantages and the negative impact of substitutes, while providing counselling to HIV/AIDS infected mothers about the risk of transmission through breast-feeding; that efforts be continued to prevent bullying in schools, to collect information on the extent of that phenomenon and, in particular, to strengthen structures to enable children to participate adequately in addressing and resolving that problem; that the Government reconsider its present armed forces recruitment polices, with a view of setting the minimum age of service in the armed forces at 18; and that the State party ensure that under the existing law no child under the age of 16 at the time of commission of a crime is tried under adult criminal law, and to review its reservation on this, with a view to its withdrawal. The Committee welcomed the commitment and efforts of the State party in achieving a commendable degree of enjoyment of the rights of children within the country.
And the Committee recommended to Mali, among other things, that appropriate resources be allocated and comprehensive policies and programmes be developed to improve the health situation of children; facilitate greater access to primary health services; reduce the incidence of maternal, child and infant mortality; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and increase access to safe drinking water and sanitation; that efforts be strengthened to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of girls; that the State party continue its efforts to promote the school attendance of girls; and that programmes be promoted to discourage and prevent child-begging and to ensure that such programmes were implemented in all areas where child begging was a concern. The Committee noted that the Convention had been translated into Bamanan and Soninke languages.
On its final day, the Committee also adopted a recommendation on the administration of juvenile justice calling upon States to give urgent attention to undertake all appropriate legislative, administrative, and other measures for fully implementing the provisions of the Convention and existing standards relating to the administration of juvenile justice. It stressed the importance of identifying and understanding the legal, social, financial and other obstacles preventing the full implementation of the provision of the Convention and existing standards relating to the administration of juvenile justice, and of designing ways and means to overcome those obstacles, including raising awareness and strengthening technical assistance.
Also during its session, the Committee held a two-day commemorative meeting on the tenth anniversary of the Convention on the Rights of the Child, by uniting children from different parts of the world, representatives of Governments, United Nations specialized agencies, and non-governmental organizations (NGOs). The meeting, which was organized by the Office of the High Commissioner for Human Rights and the Committee on the Rights of the Child, recommended, among other things, that the Committee's monitoring role include the assessment of measures undertaken to ensure full compatibility of law and practice with the Convention, as well as remove obstacles to its implementation.
The Committee's next session will be held from 10 to 20 January 2000. At its twenty-third session, the panel is scheduled to review reports from India, Sierra Leone, Costa Rica, the former Yugoslav Republic of Macedonia, South Africa, Armenia, Peru and Grenada.
Concluding observations and recommendations on country reports
Among positive aspects in the report of Venezuela, the Committee welcomed the adoption of the Organic Law for the Protection of Children and Adolescents (1999), which reflected the principles and provisions of the Convention. It also welcomed the existence of a partnership between the authorities of the State party and NGOs working for and with children.
The Committee noted that widespread poverty and long-standing economic and social disparities within the State party had a negative impact on the situation of children and had impeded the full implementation of the Convention. The Committee also noted that the situation had been particularly aggravated by severe economic crises and drastic economic reforms. It acknowledged that the State party was going through an important process of political, social and economic transformation, which was a positive fact, but the Committee was concerned that the transformation might result in a considerable slow-down of the efforts to fully implement the Convention.
The Committee recommended, among other things:
-- that the State party continue in its efforts to introduce the protection of human rights, including the rights of the child, in its new Constitution;
-- that the State party take as a priority the process of implementation of the new Organic Law for the Protection of Children and Adolescents (LOPNA), and that it take effective measures, including the allocation of sufficient levels of resources, both financial and human, for the full implementation of this legislation;
-- that effective measures be taken in order to strengthen current coordination among the various governmental bodies, at the federal, state and municipal levels, involved in the implementation of the Convention;
-- that efforts be reinforced to make the provisions and principles of the Convention widely known and understood by adults and children alike;
-- that sensitization and training programmes to all professional groups working with and for children be reinforced;
-- that priority be given to the full implementation of article 4 of the Convention and ensure the appropriate distribution of resources at the central and local levels;
-- that the State party harmonize and increase the minimum legal ages for marriages, and that it undertake awareness-raising campaigns on the negative effects of early marriage;
-- that Venezuela continue taking effective measures to reduce economic and social disparities; and measures to prevent discrimination against the most disadvantaged groups of children, including girls, children belonging to indigenous and other ethnic groups, children with disabilities, children born out of wedlock, and children living and/or working in the streets, should be reinforced;
-- that further efforts be made to ensure the implementation of the principles of "best interests of the child" and "respect for the views of the child", especially his or her rights to participate in the family, at school, within other institutions and in society in general.
Among positive aspects to the report of Russian Federation, the Committee took note of the efforts made by the State party to strengthen the legislative base for the protection of the rights of the child in the Russian Federation. It welcomed the establishment of the Human Rights Commissioner in 1997, of the intersectoral committee, and of the child rights commissioners in five regions and cities.
The Committee recommended, among other things:
-- that co-ordination be strengthened between the various government bodies involved in child rights at both federal and regional levels;
-- that the State party undertake all appropriate measures to the maximum extent of its available resources to ensure that budgetary allocations to provide for health, education and other social services for children were adequately protected, and in particular for children belonging to vulnerable and marginalized groups;
-- that it ensure that all benefit payments payments were made, that the use of targeted benefits be monitored, and that he presidential programmes including in “children in Russia" all be appropriately funded;
-- that budgetary allocation policies be reviewed so as to maximize the available resources allocated to the protection of the most vulnerable groups, and continue to implement the Committee's 1993 recommendation regarding careful monitoring of the impact of the economic crisis on the standard of living of children;
-- that measures be intensified to reduce economic, social and regional disparities, and take further steps;
-- that all appropriate measures be taken with a view to bringing about a reversal in recent increases in child suicide and killings, and toward promoting preventive efforts;
-- that the State party monitor and bring to an end corporal punishment practised in institutions;
-- that special attention be given to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family;
-- that effective measures be taken to provide families, where children might be at risk of neglect or abuse, with support, education and counseling services, so as to prevent the occurence of abuse and the need to remove children from parental care;
--that efforts be pursued to improve the early diagnosis of children with physical and mental disabilities, and to prevent as much as possible their placement in institutions.
The Committee said there were positive aspects in the situation in Vanuatu, including the initiative to establish an Ombudsman Office mandated to handle complaints by children whose rights had been violated, the availability of the Convention in English and French, and the efforts made by the State party in the area of primary health care services which had improved the chances of survival and development for children.
The Committee acknowledged that the socio-economic, geographical and political difficulties facing the State party had impeded the full implementation of the Convention. It also acknowledged the vulnerability of the State party with respect to natural disasters such as cyclones, typhoons, tidal waves and flooding and the challenges faced in that regard.
The Committee recommended, among other things:
-- that the State party undertake a review of is domestic legislation with a view to ensuring full conformity with the principles and provisions of the Convention;
-- that it consider the enactment of a comprehensive children's code;
-- that adequate funding be allocated to ensure that the proposal to establish a Children's Office and a National Children's Committee were effectively established;
-- that all appropriate measures be undertaken to implement the National Programme of Action for Children;
-- that particular attention be paid to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources;
-- that more creative methods to promote the Convention, including through visual aids such as picture books and posters be developed, in addition to the use of traditional folk songs, dance and plays in promoting the principles and provisions of the Convention;
-- that legislation be reviewed in order to bring it into full conformity with the provisions and principles of the Convention.
Among positive aspects to the situation in Mexico, the Committee welcomed the State party's accession to the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption in line with the Committee's recommendation. It also welcomed the measures taken by the State party to prevent and combat the abuse of drugs by children.
The Committee recommended, among other things:
-- that the State party continue with its process of legislative reform to ensure that domestic legislation related to children's rights, both at the federal and state levels, were in full conformity with the principles and provisions of the Convention and reflected its holistic approach;
-- that reviewing and updating of data collection systems be continued with the view to including all areas covered by the Convention;
-- that systematic education and training programmes be undertaken on the provisions of the Convention for parliamentarians and all professional groups working for and with children;
-- that legislative reform be taken, both at the federal and state levels, to raise and equalize the minimum legal ages of marriage of boys and girls;
-- that measures be increased to reduce economic and social disparities, including between urban and rural areas, to prevent discrimination against the most disadvantaged groups of children;
-- that further efforts be made to ensure the implementation of the principles of "best interests of the child" and "respect for the views of the child", especially his or her rights to participate in the family, at school, within other institutions and in society in general;
-- that measures be strengthened to ensure the immediate registration of the birth of all children, especially of those living in rural and remote areas and belonging to indigenous groups;
-- that the State party reinforce its judicial mechanisms to deal effectively with complaints of police brutality, ill-treatment and abuse of children, and that cases of violence and abuse against children be duly investigated in order to avoid the impunity of perpetrators;
-- that necessary steps continued to be taken for developing alternative measures to institutional care of children;
-- that the State party continue taking effective measures to ensure access to basic health care and services for all children;
-- that it continue with its efforts in the field of education by strengthening its educational policies and system in order to reduce regional disparities in access to education, and to strengthen on-going retention programmes and vocational training for drop-out students.
Among the positive aspects in the report of Mali, the Committee welcomed the implementation of a National Plan of Action for the Survival, Development and Protection of Children (1992-2000). It noted that the Convention had been translated into Bamanan and Soninke, the State party's most widely spoken languages. It expressed appreciation for the State party's efforts in encouraging greater child participation and promoting respect for the views of the child.
The Committee recommended, among other things:
-- that all necessary measures be taken to facilitate the process at the earliest possible opportunity to withdraw reservation to article 16 of the Convention;
-- that all necessary measures be taken to ensure the early enactment of the draft Code of General Social Protection and to ensure that its domestic legislation conformed fully with the principles and provisions of the Convention;
-- that an independent child-friendly mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations;
-- that the system of data collection be reveiwed with a view to incorporating all the areas covered by the Convention;
-- that particular attention be paid to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social, and cultural rights of children, to the maximum extent of available resources;
-- that greater efforts be made to ensure that the provisions of the Convention were widely understood by adults and children alike;
-- that efforts be increased to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it related to the vulnerable groups;
-- that the State party continue promoting public awareness of the participatory rights of children and encouraging respect for the views of the child within schools, families, social institutions, and the care and judicial systems;
-- that birth registration was made accessible to all parents within the State party;
-- that existing and/or new appropriate measures be reinforced to protect children from harmful information;
-- that additional programmes be developed to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions.
And in the report of the Netherlands, the Committee welcomed the commitment and efforts of the State party in achieving a commendable degree of enjoyment of the rights of children within the State party through the establishment of infrastructure, comprehensive policies, legislation, administrative and other measures. Moreover, the Committee commended the State party for its continued commitment to the rights of the child in its development assistance programmes, and noted with satisfaction that the State party has exceeded the United Nations target of 0.7 per cent of GDP for development assistance. It further commended the State party's efforts to combat the phenomenon of child-sex tourism.
The Committee recommended, among other things:
-- that the State party consider the withdrawal of all of its reservations;
-- that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention in order to maintain a high-level of awareness of the importance of the Convention among children and parents, and all sectors and levels of government, and civil society;
-- that a comprehensive national plan of action be adopted to implement the Convention, and give increased attention to intersectoral coordination and cooperation and between central, provincial and municipal levels of government;
-- that adequate measures be taken to ensure that medical advice and treatment remain confidential for children of appropriate age and maturity, in accordance with articles 12 and 16 of the Convention;
-- that a breast-feeding promotion campaign be undertaken, stressing its advantages and the negative impact of substitutes, while providing counselling to HIV/AIDS infected mothers about the risk of transmission of this through breast-feeding;
-- that the State party consider introducing human rights issues into the school curriculum at earlier ages, and ensure that the Convention on the Rights of the Child and its provisions are adequately covered in the existing curricula for older children and in new curricula for primary school pupils.
Recommendation on the Administration of Juvenile Justice
On its final day, the Committee also adopted a recommendation on the administration of juvenile justice, calling upon States to give urgent attention to undertake all appropriate legislative, administrate, and other measures for fully implementing the provisions of the Convention and existing standards relating to the administration of juvenile justice.
The Committee stressed the importance of identifying and understanding the legal, social, financial and other obstacles preventing the full implementation of the provision of the Convention and existing standards relating to the administration of juvenile justice, and of designing ways and means to overcome those obstacles, including raising awareness and strengthening technical assistance.
It requested the High Commissioner for Human Rights to give priority to promoting the implementation of the provisions of the Convention and existing standards relating to the administration of juvenile justice, and to consider what steps might be taken to identify obstacles preventing their full implementation, and of designing ways and means to overcome those obstacle, including raising awareness and strengthening technical assistance, in cooperation with United Nations agencies and bodies, and other partners.
The Committee suggested the High Commissioner for Human Rights facilitate and encourage all appropriate UN agencies and bodies to enhance their work in the area of the administration of juvenile justice and to use the Convention as their main tool to achieve that objective. It invited the High Commissioner to inform the Committee of progress made in that area.
Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention makes States which accept it legally accountable for their actions towards children. Work on its drafting began in 1979 -- the International Year of the Child -- at the Commission on Human Rights.
The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that: every child has the right to life, and States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.
Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; that children should not be separated from their parents, unless by competent authorities for their well-being; States should facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own culture, religion and language.
A conference of State parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following experts, nominated by the State parties to serve in their personal capacity, have been elected to the Committee: Jacob Doek (the Netherlands), Amina Le Guindi (Egypt), Francesco Paolo Fulci (Italy), JudithKarp (Israel), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).
Chairwoman is Mrs. Mboi. Vice Chairpersons are Mrs. Sardenberg,
Mrs. Mokhuane, and Mr. Rabah. Mr. Doek is Rapporteur. Mrs. Mboi noted that she was resigning following the conclusion of the session. An election will be held at the beginning of the next session to succeed her.