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06 October 2000
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CRC
25th session
6 October 2000
ROUND-UP
Issues Final Concluding Observations on Reports of Finland,
Burundi, United Kingdom, Tajikistan, Colombia, Central African
Republic, Marshall Islands, Slovakia, and Comoros
The Committee on the Rights of the Child concluded today its three-week autumn session, issuing its final concluding observations on reports submitted by Finland, Burundi, the United Kingdom, Tajikistan, Colombia, the Central African Republic, the Marshall Islands, Slovakia, and the Comoros.
The nine countries, in keeping with their obligations as States parties to the Convention on the Rights of the Child, presented the Committee with written reports on their efforts to promote and protect children's rights, and sent Government delegations to discuss the documents and answer questions from the Committee's 10 independent experts.
The Committee commended Finland for its overall progress in implementing the Convention and reiterated its satisfaction with the comprehensive social security system and the wide range of welfare services for the benefit of children and their parents. The Committee expressed serious concerns about the considerable decrease in the net income of families with children caused by both high unemployment rates and budgetary measures negatively affecting child related allowances.
The Committee found as positive aspects the efforts of Burundi to introduce "education for peace" and "let us build peace" projects into national schools curricula and teacher training. The Committee said the armed conflict and its many repercussions on the respect for children's rights continued to cause serious human rights violations in the State party and had been among factors and difficulties impeding the implementation of the Convention.
The Committee, in reviewing the report of the United Kingdom, acknowledged that the significant number of Overseas Territories widely dispersed in different corners of the globe, had diverse cultures as well as diverse levels of economic and social development and varying degrees of autonomy, which were among factors and difficulties impeding the implementation of the Convention. With regard to the second part of the report of the United Kingdom on the Isle of Man, the Committee said it was concerned that the State party had not yet extended the Convention to all of its Crown Dependencies, especially Jersey and Guernsey.
The Committee cited as positive in the report of Tajikistan the adoption of numerous legislative and administrative measures related to the rights of children, as well as the draft State programme on education in human rights; it was, however, concerned at the prevailing disparities in the enjoyment of rights of children in the country; and recommended that the State party take all necessary measures to ensure that all children within its jurisdiction enjoyed all the rights set out in the Convention without discrimination.
On the report of Colombia, the Committee said that although the State party was undertaking efforts to find a peaceful solution to the on-going armed conflict, it was concerned that the general climate of violence largely caused by or related to the conflict was not only negatively affecting the implementation of the Convention but it had led to systematic violations of children's rights.
The Committee commended the Central African Republic for its establishment of a Children's Parliament and a network of ambassadors for peace, and strongly commended the State party for its efforts to receive refugee children from neighbouring countries; it was, however, concerned at the lack of an appropriate legal framework, with the judicial system still reliant upon colonial era legislation which was not always appropriate to the current situation; it was also concerned that customary practices were sometimes applied instead of domestic law and that some of those practices violated children's rights.
The Committee acknowledged that the Marshall Islands' socio-economic and geographic difficulties, as well as customary practices and traditional attitudes, had impeded the full implementation of the Convention. In particular, it noted the challenges faced by the State party in implementing adequate programmes and services for children in its dispersed island communities, some of which were isolated, very difficult to reach and with few inhabitants.
The Committee noted that the difficult economic and social challenges posed by the transition to a market economy by Slovakia, including rising income inequality and unemployment, which had had a negative impact on the population, particularly children belonging to the most vulnerable groups, had been a factor impeding the full implementation of the Convention by the State party. The Committee expressed concern at the persistence of acts of violence by groups, particularly skinheads, directed towards Roma and their children and other ethnic minorities; the Committee recommended that the State party continue to carry out timely and thorough investigations and effective prosecutions against racist organizations.
And on the report of Comoros, the Committee noted with concern the negative effects of the State party's political instability and the current socio-economic crisis on children, especially regarding the enjoyment of their human rights, which were among factors and difficulties impeding the implementation of the Convention. The Committee expressed concern at the State party's high infant and maternal mortality rate, the large number of births taking place outside the hospital system, and at the high rate of children's malnutrition.
Also over the course of its current session, the Committee held a day-long discussion on the subject of "State violence against children", in which Government representatives, inter- and non-governmental organizations and other international bodies participated. Following its discussion the Committee adopted recommendations in which it called for an in-depth study to be carried out on the issue of State violence against children, and for exploration of the different types of violent treatment of which children were victims, identify their causes, the extent of such violence, and its impact on children. It urged States parties, among other things, to repeal any legislation that allowed the imposition of unacceptable sentences for offences committed before the age of eighteen.
The Committee's next session, its twenty-sixth, will be held from 8 to 26 January 2001. It will consider reports from Latvia, Liechtenstein, Ethiopia, Egypt, Lithuania, Lesotho, Saudi Arabia, Palau and the Dominican Republic.
Conclusions and recommendations on country reports
The Committee commended Finland for its overall progress in implementing the Convention and reiterated its satisfaction with the comprehensive social security system and the wide range of welfare services for the benefit of children and their parents, in particular free health care, free education, extended maternity leave, and an extensive day-care system, among others. It welcomed the establishment in 1998 of an Assistant Parliamentary Ombudsperson on child issues with the task of supervising the implementation of the rights of children within the country.
The Committee noted with appreciation that in 1997 the Government had issued policy guidelines for promoting tolerance and combatting racism; it welcomed the national qualification system for child welfare, which improved the access of children to appropriate services when needed, irrespective of the economic situation of the municipality; and it commended Finland for being one of the first countries to ratify ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and for being one of the major donor countries of the ILO International Programme for the Elimination of Child Labour (IPEC).
Citing concern that the extent and standard of welfare services provided by local authorities to low income families or families with children with disabilities was unequal, the Committee urged the State party to consider ways through which all children could be guaranteed equal access to the same standard of services. Although an Assistant Parliamentary Ombudsperson had been appointed to supervise the implementation of children's rights, the Committee invited the State party to seriously consider the establishment of an independent national Ombudsperson for children, taking into account the positive experiences in other Nordic countries.
Noting the efforts of Finland in disseminating information about the Convention, including the publication in the Sami language of the text, the Committee expressed its concern that the principles and provisions of the Convention were not disseminated at all levels of society. It recommended that more creative methods be developed to promote the Convention. While acknowledging Finland's significant efforts to respect the principle of the best interests of the child, the Committee was concerned that municipal authorities in particular did not take that into consideration and, further, that the best interests of unaccompanied child asylum seekers or refugees were not always a primary consideration.
The Committee expressed serious concerns about the considerable decrease in the net income of families with children caused by both high unemployment rates and budgetary measures negatively affecting child related allowances, and strongly recommended that Finland allocate more funds to such families and develop effective measures with appropriate support. While noting with concern the increasing number of children placed outside their families in recent years, the Committee recommended that all necessary measures be taken to ensure that placement only occurred when it was evidently in the best interest of the child and for the shortest period possible.
Although Finland was the second State in the world to prohibit all corporal punishment of children in the family, the Committee was however concerned at the number of cases of violence against children in their homes, including sexual abuse. The Committee recommended that the State party consider taking additional measures to prevent and to timely identify instances of violence against children within families. Recognizing the State party's efforts to assure the rights of children with disabilities, the Committee recommended that Finland continued its efforts to ensure equal support and assistance to families with chronically ill children and to provide them with the help of specialized staff.
The Committee recommended, among other things, that the State party ensure adequate resources for the training of the officials who received refugee children, in particular on child interview techniques; and that every effort was made to identify children who required special support upon arrival in Finland to seek asylum. While appreciating the review of the legislation and other measures undertaken by the State party to improve protection of children from sexual exploitation, the Committee urged that adequate measures be undertaken to combat that phenomenon and to pursue international cooperation for the investigation and the prosecution of sexual abuse and exploitation of children by Finnish citizens abroad.
The Committee found as positive aspects the efforts of Burundi to introduce "education for peace" and "let us build peace" projects into national schools curricula and teacher training. It also noted the efforts of the State party to provide unaccompanied children with adequate assistance and to help them in tracing their families. The Committee said the armed conflict and its many repercussions on the respect for children's rights continued to cause serious human rights violations in the State party and had been among factors and difficulties impeding the implementation of the Convention. It noted that, since ratification of Convention, there had been a serious deterioration in socio-economic conditions in the country, aggravated by the armed conflict; and the Committee noted the regional sanctions imposed on the State party until 1999, and the negative impact of the sanctions on the situation of children in Burundi.
The Committee recommended, among other things, that Burundi continue efforts in the area of law reform with a view to ensuring full conformity with the principles and provisions of the Convention; that a children's rights policy and a new national plan of action based upon the principles of the Convention be established and implemented in consultation and coordination with all relevant ministries and with civil society; that coordinating mechanisms be reviewed to facilitate the promotion and implementation of the Convention, and adequate human and financial resources were allocated for that purpose; that steps be taken to involve a wide range of non-governmental organizations in child rights policy-making and implementation; and that the State party pursue its efforts to harmonize the minimum age of marriage for girls and boys and that recruitment to the armed forces be raised to 18 years.
The Committee was deeply concerned about gross violations of the right to non-discrimination and at the impact of discrimination upon children in the State party, and noted that discrimination took different forms including, by ethnic origin, gender, geographical origin and social status; the Committee noted that killings and other acts committed in the armed conflict, and which had affected children, had frequently been perpetrated on the basis of ethnic origin; it recommended that every effort be made to end all discriminatory practices, to ensure the equal respect of the rights of all children in Burundi and to reinforce and ensure the implementation of existing laws related to non-discrimination; and that every effort be made to reinforce protection of the right to life, survival and development of all children of Burundi.
Deep concern was expressed at the severe violations of the rights of freedom of movement and to choose one's residence in the context of the Burundi's regroupment policy; at the high number of children in regroupment camps and the extremely poor conditions in which they had to live constituting, in many cases, cruel, inhuman and degrading treatment; at the very high number of persons who had been displaced from their homes as refugees and internally within the country; that corporal punishment continued to be practised at home and in some schools and that domestic legislation did not prohibit its use; and at the high incidence of HIV/AIDS in the State party and its impact, either direct or indirect, on children and adolescents.
The Committee recommended that the State party urgently develop, and implement, mechanisms to ensure the provisions of suitable alternative care for children in need of such assistance; that it review the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities; that a significant increase in the health budget be made; that additional efforts be made to develop a comprehensive adolescent health care policy; and that the State party end the use of children as soldiers or in any other way related to the armed conflict and demand that opposition armed forces also ceased to use children as soldiers.
The Committee, in reviewing the report of the United Kingdom, acknowledged that the significant number of Overseas Territories widely dispersed in different corners of the globe, had diverse cultures as well as diverse levels of economic and social development and varying degrees of autonomy, which were among factors and difficulties impeding the implementation of the Convention. In particular the Committee noted the devastation caused by the eruption of the Soufriere Hills volcano in Montserrat which destroyed approximately two-thirds of the island.
The Committee said it was concerned that the Convention had not yet been extended to all of the State party's Overseas Territories, including Gibraltar. It was also concerned that while the United Kingdom's notification to the United Nations regarding the extension of the Convention to the Overseas Territories had indicated that the Convention had been extended to Henderson, Ducie and Oeno Islands, as well as South Georgia and the South Sandwich Islands, the State party report did not include information on those Territories. The Committee recommended that the United Kingdom undertake a legal compatibility review to ensure that domestic legislation in each of the Overseas Territories fully conformed with and positively reflected the principles and provisions of the Convention.
The Committee recommended that a comprehensive system of data collection be introduced with respect to each of the Overseas Territories incorporating all the areas covered by the Convention. It further recommended the establishment of focal points with the human rights monitoring mechanisms in Bermuda, British Virgin Islands, St. Helena and the Turks and the Caicos Islands. In addition, the Committee recommended that all appropriate measures be taken to ensure that those mechanisms were independent, child friendly and accessible to children. It was concerned that insufficient efforts had been made to disseminate the principles and provisions of the Convention, and recommended that greater effort be made to ensure that they were widely known and understood by adults and children alike.
Further, the Committee recommended a review of domestic legislation in the Overseas Territories to ensure full compliance with article 2 of the Convention and to prevent and combat discrimination, especially as regards gender, sexual orientation, and status of birth. The Committee noted with concern the large number of single parent families in the Overseas Territories, especially in Bermuda and the Territories in the Caribbean. While the Committee noted that legal and administrative processes had been established in all the Overseas Territories to provide alternative care for children, it was concerned about the insufficient monitoring of placements in some of the alternative care programmes. Th Committee expressed concern at the increasing incidents of and lack of awareness and information on domestic violence, ill-treatment and abuse of children, including sexual abuse in Bermuda, the Cayman Islands and the Falkland Islands; and it recommended that the State party undertake studies in order to adopt adequate policy measures and contribute to changing traditional attitudes in all Overseas Territories.
The Committee expressed grave concern that corporal punishment was still widely practised in many of the Overseas Territories and that domestic legislation generally did not prohibit and eliminate its use in schools, care institutions and homes; and it recommended that all appropriate measures be taken to prohibit and eliminate its practice. In addition, the Committee expressed concern at the absence of legal protection and the inadequate facilities and services for children with disabilities despite the efforts of Bermuda, the British Virgin Islands, Cayman Islands, Falkland Islands and St. Helena to establish programmes for children with disabilities.
The Committee recommended that all appropriate measures be taken to prevent and discourage truancy and to further encourage children, especially boys, to stay in school, particularly during the period of compulsory education in some of the Territories, especially the Turks and Caicos islands and Montserrat. It expressed concern about the situation of families in Montserrat who had been displaced since the volcano eruption in 1997. Concern was also expressed about the relatively slow pace at which programmes and services were being reestablished in Montserrat for internally displaced families; and the State party was recommended to take all appropriate measures to improve the situation.
The Committee recommended, among other things, that the State party take all measures to locate and clear the landmines in the Falklands Islands; that a comprehensive study be undertaken to assess the situation of child labour in the Overseas Territories; that the State party enhance its efforts to protect children from the illicit use of narcotic drugs and psycho-tropic substances and to prevent children in the illicit production and trafficking of such substances; and that studies be undertaken with the view to understanding the scope of the problem and implementing appropriate policies and measures concerning the situation of commercial sexual exploitation of children, including prostitution and pornography.
With regard to the second part of the report of the United Kingdom on the Isle of Man, the Committee said it was concerned that the State party had not yet extended the Convention to all of its Crown Dependencies, especially Jersey and Guernsey. The Committee noted that the Isle of Man would introduce in the next session of the legislature a new Children and Young Persons Bill as well as bills to incorporate the Hague Convention of 1993 on Protection of Children in Respect of Intercountry Adoption and the European Convention on Human Rights; and recommended that the State party continue its efforts in the area of law review and reform in order to ensure that the laws were in full conformity with the principles and provisions of the Convention.
The Committee was concerned that insufficient efforts had been made to establish a child rights focal point within the Police Complaints Commission to address complaints of violations of the rights of children by the police; that children were not allowed to submit complaints to the Commission unless a relevant adult was present; that insufficient efforts were made to establish an independent, child friendly, human rights monitoring mechanism to review administrative decisions affecting children and to address complaints from children concerning violations of their rights by Government agents other than the police; and that insufficient efforts had been made to actively disseminate the principles and provisions of the Convention.
The Committee strongly recommended, among other things, that the Isle of Man reconsider its decision to abolish the principle of doli incapax -- incapable of committing a criminal offence -- for very young children; that legislation be reviewed with the view to increasing the age for criminal responsibility and to ensuring full conformity with the principles and provisions of the Convention; that further efforts should be undertaken to ensure that the principles of the Convention were appropriately integrated in all legal revisions as well as in judicial and administrative decisions; and that measures be taken to prevent discrimination based on the grounds of sexual orientation and to fully comply with article 2 of the Convention. Noting the efforts of the Isle of Man to prevent domestic violence, child abuse, including sexual abuse, and ill-treatment, it was recommended that efforts be reinforced to prevent and combat domestic violence; and that corporal punishment be abolished by law; and that efforts be strengthened to address drug and alcohol abuse among adolescents as well as cigarette smoking, especially among school girls.
The Committee cited as positive in the report of Tajikistan the adoption of numerous legislative and administrative measures related to the rights of children, as well as the draft State programme on education in human rights; and the ratification by the State party of the six major international human rights instruments, and its cooperation with the international community in the field of human rights.
The Committee noted, as factors and difficulties impeding the implementation of the Convention, that the State party had to face serious economic and social challenges during the past few years posed by the transition to a market economy and the civil war, including increased unemployment, poverty, and corruption, which had had a severe impact, especially on children belonging to the most vulnerable segments of the society. The Committee also noted that continuing civil unrest and the recent drought had seriously affected the physical security and survival of the population, especially children.
Recognizing that the process of transition had led to the dismantling of many public social regulators, the Committee emphasized the important role civil society played as a partner in implementing the provisions of the Convention, including with respect to civil rights and freedoms, ill-treatment, and juvenile justice; and it was concerned that insufficient efforts had been made in that area.
The Committee was concerned at the prevailing disparities in the enjoyment of rights of children in Tajikistan; and recommended that the State party take all necessary measures to ensure that all children within its jurisdiction enjoyed all the rights set out in the Convention without discrimination. It was also concerned that discrimination on the grounds of gender de facto persisted, and expressed its concern at the persistence of negative stereotypical attitudes relating to roles and responsibilities of women and men; and it recommended that the State party launch comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family.
The Committee was concerned by the numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, and torture. The Committee recommended that existing policies and practice in relation to children with disabilities be reviewed; that primary health care be ensured; and that a comprehensive study to understand the nature and extent of adolescent health problems be undertaken.
The Committee recommended, among other things, that the State party take all necessary measures to allocate the required resources to effectively implement the Education for All Strategic Programme; that a functioning system for family reunification be established and implemented to better protect children against separation from their parents; and that the State party at all times ensure respect for human rights and humanitarian law aimed at the protection and care of children affected by armed conflict, and to provide care and physical rehabilitation and psychological recovery measures for those children.
The Committee was concerned about the increase in prostitution and the trafficking of children and women and the absence of an effective, comprehensive and integrated approach to prevent and combat those phenomena; and it recommended that the State party undertake a national study on the nature and extent of commercial sexual exploitation of children.
On the report of Colombia, the Committee said that although the State party was undertaking efforts to find a peaceful solution to the on-going armed conflict, it was concerned that the general climate of violence largely caused by or related to the conflict was not only negatively affecting the implementation of the Convention but it had led to systematic violations of children's rights. It was further concerned about the direct effects of the armed conflict which had led to a high death toll, a large scale of internal displacement of children and their families, the destruction of health and educational infrastructure and of the national economy, had a very negative impact on the development of children, among other things, and seriously hampered the implementation of many rights of the majority of children in Colombia.
The Committee was deeply concerned that no consideration had been given to the inclusion and respect of the rights of the child into the on-going peace negotiations in the Colombia; and it urged the State party to ensure that the protection of the rights of the child be a high priority in the agenda for peace. While the many and various plans and programmes developed by the State party showed its commitment to the Convention, the Committee was concerned about the lack of coherence and comprehensiveness of all those plans and the sustainability of their implementation; and Colombia was recommended to develop a coherent and comprehensive national plan for the implementation of the Convention. The Committee said that the measures undertaken to promote widespread awareness of the principles and provisions of the Convention needed to be strengthened.
Concern was expressed at the existing patterns of economic and social disparities; of gender and racial discrimination; at the marginalization of children belonging to the Afro-Colombian and indigenous populations; and at the precarious situation of children belonging to internally displaced populations, especially regarding their limited access to housing, education and health services. The State party was recommended to increase measures to reduce economic disparities, including between urban and rural areas; to prevent discrimination against the most disadvantaged groups of children; children living in camps; and to guarantee their full enjoyment of all the rights as recognized in the Convention. Also, the Committee urged that the State party protect children against "social cleansing" and ensure that judicial action be taken against the perpetrators of such crimes.
The Committee recommended, among other things, that the State party continue with its measures to ensure the immediate registration of the birth of all children. Reiterating its concern about alleged cases of street children tortured and ill-treated by members of the police and paramilitary groups, it recommended that judicial measures be taken to avoid impunity of the perpetrators. It also recommended that Colombia develop additional programmes to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions; that further measures be taken to reform its legislation and practices in the area of domestic and intercountry adoption in accordance with the Convention and the requirements established by the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption; and that effective measures be taken against domestic violence.
In addition, the Committee recommended that effective measures be taken to ensure access to health care and services for all children; that further efforts be continued to strengthen the State party's educational policies and systems in order to improve on-going retention programmes and vocational training for drop-outs students; that effective measures be taken to have all child abductees and combatants released and demobilized, and to rehabilitate and reintegrate them in society; that further steps be taken to establish and strictly enforce legislation prohibiting the future recruitment of children by any group; that the physical needs of victims of the armed conflict be addressed; that highest priority be given to the protection of the rights of children belonging to internally displaced groups; and that appropriate programmes and policies be adopted for the protection and rehabilitation of children living on the streets.
The Committee commended the Central African Republic for its establishment of a Children's Parliament and of a network of ambassadors for peace, and strongly commended the State party for its efforts to receive refugee children from neighbouring countries. The country's emergence from a period of political instability and intermittent armed conflicts, requiring a United Nations peace keeping presence, had been considered by the Committee to be among factors and difficulties impeding the implementation of the Convention.
The Committee was concerned about the lack of an appropriate legal framework, with the judicial system still reliant upon colonial era legislation which was not always appropriate to the current situation; it was also concerned that customary practices were sometimes applied instead of domestic law and that some of those practices violated children's rights; and the State party was recommended to make every effort to review domestic legislation and to ensure its conformity with the provisions of the Convention.
The Committee recommended, among other things, that the State party review the capacity and contribution of civil society for implementation of the Convention; and make every effort to improve knowledge and understanding of the Convention and its provisions among the population in general. Expressing concern at the extensive discrimination between boys and girls with regard to access to education and inheritance rights, it recommended that the State party improve implementation of national legislation prohibiting such discrimination; that the State party make additional efforts to ensure the best interest of children were respected; promote the right of children to express their views through the adoption and implementation of appropriate legislation; and ensure the birth registration of all children.
Further, the Committee recommended that the State party end all acts of violence committed against children, including corporal punishment by the police forces, and provide child rights training programmes for police and detention officials; that additional support be provided to families through assistance in combatting the effects of poverty and in compensating for the loss of earning and other support caused by HIV/AIDS illness or death among parents; that the State party urgently adopt a programme to strengthen and increase alternative care opportunities for children; implement measures to address the abuse and neglect of children; and urgently address health concerns among children and adults.
The Committee was deeply concerned by the high level of HIV/AIDS infections either among children or among their parents or other persons such as teachers; and the State party was recommended to strengthen its efforts to combat the infection. In also recommended, among other things, that the State party improve the provision of health assistance to adolescents and reproductive health education and assistance to both adolescents and adults; that urgent efforts be made to improve the standard of living among the population; and that measures be implemented to prevent and eliminate the abuse of drugs by children, including the sniffing of petrol and glue.
The Committee acknowledged that the Marshall Islands' socio-economic and geographic difficulties, as well as customary practices and traditional attitudes, had impeded the full implementation of the Convention. In particular, it noted the challenges faced by the State party in implementing adequate programmes and services for children in its dispersed island communities, some of which were isolated, very difficult to reach and with few inhabitants.
The Committee noted with concern that the Convention had not been enacted yet into law in order to be part of the Marshallese legal system; while welcoming the request by the Ministry of Internal Affairs to UNICEF for assistance in the review of all aspects of its domestic legislation relating to children, it expressed its concern that the domestic legislation and customary law did not fully reflect the principles and provisions of the Convention; and it recommended that the State party consider the ratification of at least the major human rights treaties and relevant Hague conventions with a view to strengthening the human rights culture in the country.
The Committee encouraged the State party to consider the establishment of an independent child-friendly body, easily accessible to children, such as an Ombudsperson or a national commission for children's rights; emphasized the importance role civil society played as a partner in implementing the provisions of the Convention and recommended that the State party consider a systematic approach to involve civil society; that special efforts to guarantee an effective system of birth registration be developed; that all adoption placements be monitored and periodically reviewed; and that studies be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse.
Further, the Committee recommended that appropriate legislative measures be taken to prohibit incest and protect boys and girls from sexual abuse; that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children and facilitate greater access to primary health services; that the Marshall Islands strengthen its nutrition programme in order to prevent and combat malnutrition; and that the necessary resources be made available for programmes and facilities for children with disabilities.
The Committee said positive developments in Slovakia included its accession to or ratification of the most important international human rights instruments, including ILO Convention no. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour, and the 1995 European Convention on the Protection of National Minorities.
The Committee noted that the difficult economic and social challenges posed by the transition to a market economy, including rising income inequality and unemployment, which had had a negative impact on the population, particularly children belonging to the most vulnerable groups, had been a factor impeding the full implementation of the Convention by the State party.
The Committee recommended that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents; that legislation and administrative measures be reviewed to ensure that articles 3 and 12 of the Convention were duly reflected; that all measures be taken to ensure that all children within the State party's jurisdiction enjoyed all the rights set out in the Convention without discrimination; and that the State party consider as an affirmative action to review its legislation on a temporary basis with the aim to include rights for the Roma and their children to development policies.
Concern was expressed at the persistence of acts of violence by groups, particularly skinheads, directed towards Roma and their children and other ethnic minorities; at the continuous allegations that the police and prosecutors had failed to effectively investigate acts of racially-motivated violence promptly and effectively, and had been reluctant to identify a racial motive behind attacks; and that perpetrators of racial crimes were often lightly punished. The Committee recommended that the State party continue to carry out timely and thorough investigations and effective prosecutions against racist organizations.
The Committee recommended, among other things, that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions were prohibited; that effective measures be taken to ensure all children had adequate access to health care services; that all appropriate measures be taken to prevent and combat the dangers and risks to the health of children posed by environment pollution; and that education in Slovakia be directed through active participation of child's personality, talents and mental and physical abilities to the fullest potential.
The Committee noted with concern that most Roma children attended special schools due to real or perceived language and cultural differences between the Roma and the majority; that the School Act did not offer instruction in the Roma language; and the negative, stereotypical description of the Roma and their children in general, but especially also in the initial report. The Committee recommended that further measures be taken to ensure that Roma children had equal access to and opportunities to attend regular schools.
And on the report of the Comoros, the Committee noted with concern the negative effects of the State party's political instability and the current socio-economic crisis on children, especially regarding the enjoyment of their human rights, which were among factors and difficulties impeding the implementation of the Convention. Concern was expressed that the State party had not acceded to the other main international human rights instruments and to the regional human rights instruments such as the African Charter on the Rights and Welfare of the Child. The State party was recommended to accede to those instruments in order to strengthen the protection of human rights.
The Committee recommended that the State party take all appropriate measures to complete the process of law review and adopt or amend legislation so as to ensure the harmonization of applicable provisions of the different jurisdictions, traditional, Islamic and civil law, ensuring their conformity with the provisions and principles of the Convention. Further, the Committee recommended that a coordination mechanism be established between the various government bodies involved in children's rights; 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; and that the State party seek international assistance for the implementation of the principles and provisions of the Convention.
The Committee recommended that the Comoros continue its efforts to harmonize existing provisions concerning the age of majority to establish one clear age at which the child would become an adult; that efforts be increased to ensure implementation of the principle of non-discrimination and full compliance with the Convention; that the views of the child be respected; that the State party establish as quickly as possible the practice of systematic birth registration for all children born within the national territory; and that effective measures be taken to prevent and combat child abuse and ill-treatment of children within the family.
The Committee expressed concern at the State party's high infant and maternal mortality rate, the large number of births taking place outside the hospital system, and at the high rate of children's malnutrition. Concern was also expressed at children's limited access to health services, especially with regard to the shortage of medication and technical equipment, and medical and public health personnel. The spread of the HIV/AIDS epidemic and its direct and indirect effects on children as well as the lack of attention for health problems of adolescents in general, were also matters of concern. The State party was recommended to take all the necessary action to fight against the epidemic and address health problems of adolescents.
The Committee recommended that all appropriate measures be taken to prevent and combat the damaging effects of environmental degradation on children, including pollution and contamination of water supplies; that efforts should continue to promote and facilitate school attendance; and that all feasible measures be taken to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them in society.
Recommendations on "State Violence Against Children"
Following its day-long discussion on the subject of "State violence against children", in which Government representatives, inter- and non-governmental organizations and other international bodies participated, the Committee adopted recommendations.
The Committee recommended, among other things, that the Secretary-General be requested to conduct an in-depth study on the issue of violence against children, and to explore the different types of violent treatment of which children were victims, identify their causes, the extent of such violence, and its impact on children; to explore the links between different provisions of the Convention and other international human rights treaties in relation to violence against children; and collect information on the activities of different human rights mechanisms and UN bodies and agencies and the extent to which the problem of violence against children was addressed in those activities from a human rights prospective.
The Committee urged all States, concerned UN agencies and bodies, and non-governmental organizations, to give priority attention to violence against children in the UN General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action; it recommended that efforts be made by UN human rights mechanisms with a mandate to consider individual complaints concerning violations of human rights to identify ways to respond more effectively to individual complaints concerning violence against children; and that effective measures be sought in order to strengthen existing UN human rights mechanisms to ensure that violence against children and the situation of children living on the streets was adequately addressed.
Further, the Committee urged States parties to repeal any legislation that allowed the imposition of unacceptable sentences for offences committed before the age of eighteen; that they review all provisions of criminal legislation, including criminal procedure, dealing with children under eighteen so as to ensure that it reflected appropriately the provisions of the Convention; and that all relevant legislation be reviewed to ensure that all forms of violence against children, however light, were prohibited.
The Committee encouraged States parties, NGOs, UN human rights mechanisms, UN agencies and other bodies to give priority to raising awareness about the problem of violence against children; that States parties develop the use of alternative measures to avoid long-term placement of children in institutions; and that urgent attention be given to ensuring the establishment and effective functioning of systems to monitor the treatment received by children deprived of a family or alleged to have infringed penal law.
Convention on Rights of 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.
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 el Guindi (Egypt), Francesco Paolo Fulci (Italy), Judith Karp (Israel), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Lily Rilantono (Indonesia), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).
The Chairperson is Mrs. Ouedraogo. Vice Chairpersons are Mrs. Sardenberg, Mrs. Mokhuane, and Mr. Rabah. Mr. Doek is Rapporteur.
* *** *
25th session
6 October 2000
ROUND-UP
Issues Final Concluding Observations on Reports of Finland,
Burundi, United Kingdom, Tajikistan, Colombia, Central African
Republic, Marshall Islands, Slovakia, and Comoros
The Committee on the Rights of the Child concluded today its three-week autumn session, issuing its final concluding observations on reports submitted by Finland, Burundi, the United Kingdom, Tajikistan, Colombia, the Central African Republic, the Marshall Islands, Slovakia, and the Comoros.
The nine countries, in keeping with their obligations as States parties to the Convention on the Rights of the Child, presented the Committee with written reports on their efforts to promote and protect children's rights, and sent Government delegations to discuss the documents and answer questions from the Committee's 10 independent experts.
The Committee commended Finland for its overall progress in implementing the Convention and reiterated its satisfaction with the comprehensive social security system and the wide range of welfare services for the benefit of children and their parents. The Committee expressed serious concerns about the considerable decrease in the net income of families with children caused by both high unemployment rates and budgetary measures negatively affecting child related allowances.
The Committee found as positive aspects the efforts of Burundi to introduce "education for peace" and "let us build peace" projects into national schools curricula and teacher training. The Committee said the armed conflict and its many repercussions on the respect for children's rights continued to cause serious human rights violations in the State party and had been among factors and difficulties impeding the implementation of the Convention.
The Committee, in reviewing the report of the United Kingdom, acknowledged that the significant number of Overseas Territories widely dispersed in different corners of the globe, had diverse cultures as well as diverse levels of economic and social development and varying degrees of autonomy, which were among factors and difficulties impeding the implementation of the Convention. With regard to the second part of the report of the United Kingdom on the Isle of Man, the Committee said it was concerned that the State party had not yet extended the Convention to all of its Crown Dependencies, especially Jersey and Guernsey.
The Committee cited as positive in the report of Tajikistan the adoption of numerous legislative and administrative measures related to the rights of children, as well as the draft State programme on education in human rights; it was, however, concerned at the prevailing disparities in the enjoyment of rights of children in the country; and recommended that the State party take all necessary measures to ensure that all children within its jurisdiction enjoyed all the rights set out in the Convention without discrimination.
On the report of Colombia, the Committee said that although the State party was undertaking efforts to find a peaceful solution to the on-going armed conflict, it was concerned that the general climate of violence largely caused by or related to the conflict was not only negatively affecting the implementation of the Convention but it had led to systematic violations of children's rights.
The Committee commended the Central African Republic for its establishment of a Children's Parliament and a network of ambassadors for peace, and strongly commended the State party for its efforts to receive refugee children from neighbouring countries; it was, however, concerned at the lack of an appropriate legal framework, with the judicial system still reliant upon colonial era legislation which was not always appropriate to the current situation; it was also concerned that customary practices were sometimes applied instead of domestic law and that some of those practices violated children's rights.
The Committee acknowledged that the Marshall Islands' socio-economic and geographic difficulties, as well as customary practices and traditional attitudes, had impeded the full implementation of the Convention. In particular, it noted the challenges faced by the State party in implementing adequate programmes and services for children in its dispersed island communities, some of which were isolated, very difficult to reach and with few inhabitants.
The Committee noted that the difficult economic and social challenges posed by the transition to a market economy by Slovakia, including rising income inequality and unemployment, which had had a negative impact on the population, particularly children belonging to the most vulnerable groups, had been a factor impeding the full implementation of the Convention by the State party. The Committee expressed concern at the persistence of acts of violence by groups, particularly skinheads, directed towards Roma and their children and other ethnic minorities; the Committee recommended that the State party continue to carry out timely and thorough investigations and effective prosecutions against racist organizations.
And on the report of Comoros, the Committee noted with concern the negative effects of the State party's political instability and the current socio-economic crisis on children, especially regarding the enjoyment of their human rights, which were among factors and difficulties impeding the implementation of the Convention. The Committee expressed concern at the State party's high infant and maternal mortality rate, the large number of births taking place outside the hospital system, and at the high rate of children's malnutrition.
Also over the course of its current session, the Committee held a day-long discussion on the subject of "State violence against children", in which Government representatives, inter- and non-governmental organizations and other international bodies participated. Following its discussion the Committee adopted recommendations in which it called for an in-depth study to be carried out on the issue of State violence against children, and for exploration of the different types of violent treatment of which children were victims, identify their causes, the extent of such violence, and its impact on children. It urged States parties, among other things, to repeal any legislation that allowed the imposition of unacceptable sentences for offences committed before the age of eighteen.
The Committee's next session, its twenty-sixth, will be held from 8 to 26 January 2001. It will consider reports from Latvia, Liechtenstein, Ethiopia, Egypt, Lithuania, Lesotho, Saudi Arabia, Palau and the Dominican Republic.
Conclusions and recommendations on country reports
The Committee commended Finland for its overall progress in implementing the Convention and reiterated its satisfaction with the comprehensive social security system and the wide range of welfare services for the benefit of children and their parents, in particular free health care, free education, extended maternity leave, and an extensive day-care system, among others. It welcomed the establishment in 1998 of an Assistant Parliamentary Ombudsperson on child issues with the task of supervising the implementation of the rights of children within the country.
The Committee noted with appreciation that in 1997 the Government had issued policy guidelines for promoting tolerance and combatting racism; it welcomed the national qualification system for child welfare, which improved the access of children to appropriate services when needed, irrespective of the economic situation of the municipality; and it commended Finland for being one of the first countries to ratify ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and for being one of the major donor countries of the ILO International Programme for the Elimination of Child Labour (IPEC).
Citing concern that the extent and standard of welfare services provided by local authorities to low income families or families with children with disabilities was unequal, the Committee urged the State party to consider ways through which all children could be guaranteed equal access to the same standard of services. Although an Assistant Parliamentary Ombudsperson had been appointed to supervise the implementation of children's rights, the Committee invited the State party to seriously consider the establishment of an independent national Ombudsperson for children, taking into account the positive experiences in other Nordic countries.
Noting the efforts of Finland in disseminating information about the Convention, including the publication in the Sami language of the text, the Committee expressed its concern that the principles and provisions of the Convention were not disseminated at all levels of society. It recommended that more creative methods be developed to promote the Convention. While acknowledging Finland's significant efforts to respect the principle of the best interests of the child, the Committee was concerned that municipal authorities in particular did not take that into consideration and, further, that the best interests of unaccompanied child asylum seekers or refugees were not always a primary consideration.
The Committee expressed serious concerns about the considerable decrease in the net income of families with children caused by both high unemployment rates and budgetary measures negatively affecting child related allowances, and strongly recommended that Finland allocate more funds to such families and develop effective measures with appropriate support. While noting with concern the increasing number of children placed outside their families in recent years, the Committee recommended that all necessary measures be taken to ensure that placement only occurred when it was evidently in the best interest of the child and for the shortest period possible.
Although Finland was the second State in the world to prohibit all corporal punishment of children in the family, the Committee was however concerned at the number of cases of violence against children in their homes, including sexual abuse. The Committee recommended that the State party consider taking additional measures to prevent and to timely identify instances of violence against children within families. Recognizing the State party's efforts to assure the rights of children with disabilities, the Committee recommended that Finland continued its efforts to ensure equal support and assistance to families with chronically ill children and to provide them with the help of specialized staff.
The Committee recommended, among other things, that the State party ensure adequate resources for the training of the officials who received refugee children, in particular on child interview techniques; and that every effort was made to identify children who required special support upon arrival in Finland to seek asylum. While appreciating the review of the legislation and other measures undertaken by the State party to improve protection of children from sexual exploitation, the Committee urged that adequate measures be undertaken to combat that phenomenon and to pursue international cooperation for the investigation and the prosecution of sexual abuse and exploitation of children by Finnish citizens abroad.
The Committee found as positive aspects the efforts of Burundi to introduce "education for peace" and "let us build peace" projects into national schools curricula and teacher training. It also noted the efforts of the State party to provide unaccompanied children with adequate assistance and to help them in tracing their families. The Committee said the armed conflict and its many repercussions on the respect for children's rights continued to cause serious human rights violations in the State party and had been among factors and difficulties impeding the implementation of the Convention. It noted that, since ratification of Convention, there had been a serious deterioration in socio-economic conditions in the country, aggravated by the armed conflict; and the Committee noted the regional sanctions imposed on the State party until 1999, and the negative impact of the sanctions on the situation of children in Burundi.
The Committee recommended, among other things, that Burundi continue efforts in the area of law reform with a view to ensuring full conformity with the principles and provisions of the Convention; that a children's rights policy and a new national plan of action based upon the principles of the Convention be established and implemented in consultation and coordination with all relevant ministries and with civil society; that coordinating mechanisms be reviewed to facilitate the promotion and implementation of the Convention, and adequate human and financial resources were allocated for that purpose; that steps be taken to involve a wide range of non-governmental organizations in child rights policy-making and implementation; and that the State party pursue its efforts to harmonize the minimum age of marriage for girls and boys and that recruitment to the armed forces be raised to 18 years.
The Committee was deeply concerned about gross violations of the right to non-discrimination and at the impact of discrimination upon children in the State party, and noted that discrimination took different forms including, by ethnic origin, gender, geographical origin and social status; the Committee noted that killings and other acts committed in the armed conflict, and which had affected children, had frequently been perpetrated on the basis of ethnic origin; it recommended that every effort be made to end all discriminatory practices, to ensure the equal respect of the rights of all children in Burundi and to reinforce and ensure the implementation of existing laws related to non-discrimination; and that every effort be made to reinforce protection of the right to life, survival and development of all children of Burundi.
Deep concern was expressed at the severe violations of the rights of freedom of movement and to choose one's residence in the context of the Burundi's regroupment policy; at the high number of children in regroupment camps and the extremely poor conditions in which they had to live constituting, in many cases, cruel, inhuman and degrading treatment; at the very high number of persons who had been displaced from their homes as refugees and internally within the country; that corporal punishment continued to be practised at home and in some schools and that domestic legislation did not prohibit its use; and at the high incidence of HIV/AIDS in the State party and its impact, either direct or indirect, on children and adolescents.
The Committee recommended that the State party urgently develop, and implement, mechanisms to ensure the provisions of suitable alternative care for children in need of such assistance; that it review the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities; that a significant increase in the health budget be made; that additional efforts be made to develop a comprehensive adolescent health care policy; and that the State party end the use of children as soldiers or in any other way related to the armed conflict and demand that opposition armed forces also ceased to use children as soldiers.
The Committee, in reviewing the report of the United Kingdom, acknowledged that the significant number of Overseas Territories widely dispersed in different corners of the globe, had diverse cultures as well as diverse levels of economic and social development and varying degrees of autonomy, which were among factors and difficulties impeding the implementation of the Convention. In particular the Committee noted the devastation caused by the eruption of the Soufriere Hills volcano in Montserrat which destroyed approximately two-thirds of the island.
The Committee said it was concerned that the Convention had not yet been extended to all of the State party's Overseas Territories, including Gibraltar. It was also concerned that while the United Kingdom's notification to the United Nations regarding the extension of the Convention to the Overseas Territories had indicated that the Convention had been extended to Henderson, Ducie and Oeno Islands, as well as South Georgia and the South Sandwich Islands, the State party report did not include information on those Territories. The Committee recommended that the United Kingdom undertake a legal compatibility review to ensure that domestic legislation in each of the Overseas Territories fully conformed with and positively reflected the principles and provisions of the Convention.
The Committee recommended that a comprehensive system of data collection be introduced with respect to each of the Overseas Territories incorporating all the areas covered by the Convention. It further recommended the establishment of focal points with the human rights monitoring mechanisms in Bermuda, British Virgin Islands, St. Helena and the Turks and the Caicos Islands. In addition, the Committee recommended that all appropriate measures be taken to ensure that those mechanisms were independent, child friendly and accessible to children. It was concerned that insufficient efforts had been made to disseminate the principles and provisions of the Convention, and recommended that greater effort be made to ensure that they were widely known and understood by adults and children alike.
Further, the Committee recommended a review of domestic legislation in the Overseas Territories to ensure full compliance with article 2 of the Convention and to prevent and combat discrimination, especially as regards gender, sexual orientation, and status of birth. The Committee noted with concern the large number of single parent families in the Overseas Territories, especially in Bermuda and the Territories in the Caribbean. While the Committee noted that legal and administrative processes had been established in all the Overseas Territories to provide alternative care for children, it was concerned about the insufficient monitoring of placements in some of the alternative care programmes. Th Committee expressed concern at the increasing incidents of and lack of awareness and information on domestic violence, ill-treatment and abuse of children, including sexual abuse in Bermuda, the Cayman Islands and the Falkland Islands; and it recommended that the State party undertake studies in order to adopt adequate policy measures and contribute to changing traditional attitudes in all Overseas Territories.
The Committee expressed grave concern that corporal punishment was still widely practised in many of the Overseas Territories and that domestic legislation generally did not prohibit and eliminate its use in schools, care institutions and homes; and it recommended that all appropriate measures be taken to prohibit and eliminate its practice. In addition, the Committee expressed concern at the absence of legal protection and the inadequate facilities and services for children with disabilities despite the efforts of Bermuda, the British Virgin Islands, Cayman Islands, Falkland Islands and St. Helena to establish programmes for children with disabilities.
The Committee recommended that all appropriate measures be taken to prevent and discourage truancy and to further encourage children, especially boys, to stay in school, particularly during the period of compulsory education in some of the Territories, especially the Turks and Caicos islands and Montserrat. It expressed concern about the situation of families in Montserrat who had been displaced since the volcano eruption in 1997. Concern was also expressed about the relatively slow pace at which programmes and services were being reestablished in Montserrat for internally displaced families; and the State party was recommended to take all appropriate measures to improve the situation.
The Committee recommended, among other things, that the State party take all measures to locate and clear the landmines in the Falklands Islands; that a comprehensive study be undertaken to assess the situation of child labour in the Overseas Territories; that the State party enhance its efforts to protect children from the illicit use of narcotic drugs and psycho-tropic substances and to prevent children in the illicit production and trafficking of such substances; and that studies be undertaken with the view to understanding the scope of the problem and implementing appropriate policies and measures concerning the situation of commercial sexual exploitation of children, including prostitution and pornography.
With regard to the second part of the report of the United Kingdom on the Isle of Man, the Committee said it was concerned that the State party had not yet extended the Convention to all of its Crown Dependencies, especially Jersey and Guernsey. The Committee noted that the Isle of Man would introduce in the next session of the legislature a new Children and Young Persons Bill as well as bills to incorporate the Hague Convention of 1993 on Protection of Children in Respect of Intercountry Adoption and the European Convention on Human Rights; and recommended that the State party continue its efforts in the area of law review and reform in order to ensure that the laws were in full conformity with the principles and provisions of the Convention.
The Committee was concerned that insufficient efforts had been made to establish a child rights focal point within the Police Complaints Commission to address complaints of violations of the rights of children by the police; that children were not allowed to submit complaints to the Commission unless a relevant adult was present; that insufficient efforts were made to establish an independent, child friendly, human rights monitoring mechanism to review administrative decisions affecting children and to address complaints from children concerning violations of their rights by Government agents other than the police; and that insufficient efforts had been made to actively disseminate the principles and provisions of the Convention.
The Committee strongly recommended, among other things, that the Isle of Man reconsider its decision to abolish the principle of doli incapax -- incapable of committing a criminal offence -- for very young children; that legislation be reviewed with the view to increasing the age for criminal responsibility and to ensuring full conformity with the principles and provisions of the Convention; that further efforts should be undertaken to ensure that the principles of the Convention were appropriately integrated in all legal revisions as well as in judicial and administrative decisions; and that measures be taken to prevent discrimination based on the grounds of sexual orientation and to fully comply with article 2 of the Convention. Noting the efforts of the Isle of Man to prevent domestic violence, child abuse, including sexual abuse, and ill-treatment, it was recommended that efforts be reinforced to prevent and combat domestic violence; and that corporal punishment be abolished by law; and that efforts be strengthened to address drug and alcohol abuse among adolescents as well as cigarette smoking, especially among school girls.
The Committee cited as positive in the report of Tajikistan the adoption of numerous legislative and administrative measures related to the rights of children, as well as the draft State programme on education in human rights; and the ratification by the State party of the six major international human rights instruments, and its cooperation with the international community in the field of human rights.
The Committee noted, as factors and difficulties impeding the implementation of the Convention, that the State party had to face serious economic and social challenges during the past few years posed by the transition to a market economy and the civil war, including increased unemployment, poverty, and corruption, which had had a severe impact, especially on children belonging to the most vulnerable segments of the society. The Committee also noted that continuing civil unrest and the recent drought had seriously affected the physical security and survival of the population, especially children.
Recognizing that the process of transition had led to the dismantling of many public social regulators, the Committee emphasized the important role civil society played as a partner in implementing the provisions of the Convention, including with respect to civil rights and freedoms, ill-treatment, and juvenile justice; and it was concerned that insufficient efforts had been made in that area.
The Committee was concerned at the prevailing disparities in the enjoyment of rights of children in Tajikistan; and recommended that the State party take all necessary measures to ensure that all children within its jurisdiction enjoyed all the rights set out in the Convention without discrimination. It was also concerned that discrimination on the grounds of gender de facto persisted, and expressed its concern at the persistence of negative stereotypical attitudes relating to roles and responsibilities of women and men; and it recommended that the State party launch comprehensive public education campaigns to prevent and combat gender discrimination, particularly within the family.
The Committee was concerned by the numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, and torture. The Committee recommended that existing policies and practice in relation to children with disabilities be reviewed; that primary health care be ensured; and that a comprehensive study to understand the nature and extent of adolescent health problems be undertaken.
The Committee recommended, among other things, that the State party take all necessary measures to allocate the required resources to effectively implement the Education for All Strategic Programme; that a functioning system for family reunification be established and implemented to better protect children against separation from their parents; and that the State party at all times ensure respect for human rights and humanitarian law aimed at the protection and care of children affected by armed conflict, and to provide care and physical rehabilitation and psychological recovery measures for those children.
The Committee was concerned about the increase in prostitution and the trafficking of children and women and the absence of an effective, comprehensive and integrated approach to prevent and combat those phenomena; and it recommended that the State party undertake a national study on the nature and extent of commercial sexual exploitation of children.
On the report of Colombia, the Committee said that although the State party was undertaking efforts to find a peaceful solution to the on-going armed conflict, it was concerned that the general climate of violence largely caused by or related to the conflict was not only negatively affecting the implementation of the Convention but it had led to systematic violations of children's rights. It was further concerned about the direct effects of the armed conflict which had led to a high death toll, a large scale of internal displacement of children and their families, the destruction of health and educational infrastructure and of the national economy, had a very negative impact on the development of children, among other things, and seriously hampered the implementation of many rights of the majority of children in Colombia.
The Committee was deeply concerned that no consideration had been given to the inclusion and respect of the rights of the child into the on-going peace negotiations in the Colombia; and it urged the State party to ensure that the protection of the rights of the child be a high priority in the agenda for peace. While the many and various plans and programmes developed by the State party showed its commitment to the Convention, the Committee was concerned about the lack of coherence and comprehensiveness of all those plans and the sustainability of their implementation; and Colombia was recommended to develop a coherent and comprehensive national plan for the implementation of the Convention. The Committee said that the measures undertaken to promote widespread awareness of the principles and provisions of the Convention needed to be strengthened.
Concern was expressed at the existing patterns of economic and social disparities; of gender and racial discrimination; at the marginalization of children belonging to the Afro-Colombian and indigenous populations; and at the precarious situation of children belonging to internally displaced populations, especially regarding their limited access to housing, education and health services. The State party was recommended to increase measures to reduce economic disparities, including between urban and rural areas; to prevent discrimination against the most disadvantaged groups of children; children living in camps; and to guarantee their full enjoyment of all the rights as recognized in the Convention. Also, the Committee urged that the State party protect children against "social cleansing" and ensure that judicial action be taken against the perpetrators of such crimes.
The Committee recommended, among other things, that the State party continue with its measures to ensure the immediate registration of the birth of all children. Reiterating its concern about alleged cases of street children tortured and ill-treated by members of the police and paramilitary groups, it recommended that judicial measures be taken to avoid impunity of the perpetrators. It also recommended that Colombia develop additional programmes to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions; that further measures be taken to reform its legislation and practices in the area of domestic and intercountry adoption in accordance with the Convention and the requirements established by the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption; and that effective measures be taken against domestic violence.
In addition, the Committee recommended that effective measures be taken to ensure access to health care and services for all children; that further efforts be continued to strengthen the State party's educational policies and systems in order to improve on-going retention programmes and vocational training for drop-outs students; that effective measures be taken to have all child abductees and combatants released and demobilized, and to rehabilitate and reintegrate them in society; that further steps be taken to establish and strictly enforce legislation prohibiting the future recruitment of children by any group; that the physical needs of victims of the armed conflict be addressed; that highest priority be given to the protection of the rights of children belonging to internally displaced groups; and that appropriate programmes and policies be adopted for the protection and rehabilitation of children living on the streets.
The Committee commended the Central African Republic for its establishment of a Children's Parliament and of a network of ambassadors for peace, and strongly commended the State party for its efforts to receive refugee children from neighbouring countries. The country's emergence from a period of political instability and intermittent armed conflicts, requiring a United Nations peace keeping presence, had been considered by the Committee to be among factors and difficulties impeding the implementation of the Convention.
The Committee was concerned about the lack of an appropriate legal framework, with the judicial system still reliant upon colonial era legislation which was not always appropriate to the current situation; it was also concerned that customary practices were sometimes applied instead of domestic law and that some of those practices violated children's rights; and the State party was recommended to make every effort to review domestic legislation and to ensure its conformity with the provisions of the Convention.
The Committee recommended, among other things, that the State party review the capacity and contribution of civil society for implementation of the Convention; and make every effort to improve knowledge and understanding of the Convention and its provisions among the population in general. Expressing concern at the extensive discrimination between boys and girls with regard to access to education and inheritance rights, it recommended that the State party improve implementation of national legislation prohibiting such discrimination; that the State party make additional efforts to ensure the best interest of children were respected; promote the right of children to express their views through the adoption and implementation of appropriate legislation; and ensure the birth registration of all children.
Further, the Committee recommended that the State party end all acts of violence committed against children, including corporal punishment by the police forces, and provide child rights training programmes for police and detention officials; that additional support be provided to families through assistance in combatting the effects of poverty and in compensating for the loss of earning and other support caused by HIV/AIDS illness or death among parents; that the State party urgently adopt a programme to strengthen and increase alternative care opportunities for children; implement measures to address the abuse and neglect of children; and urgently address health concerns among children and adults.
The Committee was deeply concerned by the high level of HIV/AIDS infections either among children or among their parents or other persons such as teachers; and the State party was recommended to strengthen its efforts to combat the infection. In also recommended, among other things, that the State party improve the provision of health assistance to adolescents and reproductive health education and assistance to both adolescents and adults; that urgent efforts be made to improve the standard of living among the population; and that measures be implemented to prevent and eliminate the abuse of drugs by children, including the sniffing of petrol and glue.
The Committee acknowledged that the Marshall Islands' socio-economic and geographic difficulties, as well as customary practices and traditional attitudes, had impeded the full implementation of the Convention. In particular, it noted the challenges faced by the State party in implementing adequate programmes and services for children in its dispersed island communities, some of which were isolated, very difficult to reach and with few inhabitants.
The Committee noted with concern that the Convention had not been enacted yet into law in order to be part of the Marshallese legal system; while welcoming the request by the Ministry of Internal Affairs to UNICEF for assistance in the review of all aspects of its domestic legislation relating to children, it expressed its concern that the domestic legislation and customary law did not fully reflect the principles and provisions of the Convention; and it recommended that the State party consider the ratification of at least the major human rights treaties and relevant Hague conventions with a view to strengthening the human rights culture in the country.
The Committee encouraged the State party to consider the establishment of an independent child-friendly body, easily accessible to children, such as an Ombudsperson or a national commission for children's rights; emphasized the importance role civil society played as a partner in implementing the provisions of the Convention and recommended that the State party consider a systematic approach to involve civil society; that special efforts to guarantee an effective system of birth registration be developed; that all adoption placements be monitored and periodically reviewed; and that studies be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse.
Further, the Committee recommended that appropriate legislative measures be taken to prohibit incest and protect boys and girls from sexual abuse; that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children and facilitate greater access to primary health services; that the Marshall Islands strengthen its nutrition programme in order to prevent and combat malnutrition; and that the necessary resources be made available for programmes and facilities for children with disabilities.
The Committee said positive developments in Slovakia included its accession to or ratification of the most important international human rights instruments, including ILO Convention no. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour, and the 1995 European Convention on the Protection of National Minorities.
The Committee noted that the difficult economic and social challenges posed by the transition to a market economy, including rising income inequality and unemployment, which had had a negative impact on the population, particularly children belonging to the most vulnerable groups, had been a factor impeding the full implementation of the Convention by the State party.
The Committee recommended that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents; that legislation and administrative measures be reviewed to ensure that articles 3 and 12 of the Convention were duly reflected; that all measures be taken to ensure that all children within the State party's jurisdiction enjoyed all the rights set out in the Convention without discrimination; and that the State party consider as an affirmative action to review its legislation on a temporary basis with the aim to include rights for the Roma and their children to development policies.
Concern was expressed at the persistence of acts of violence by groups, particularly skinheads, directed towards Roma and their children and other ethnic minorities; at the continuous allegations that the police and prosecutors had failed to effectively investigate acts of racially-motivated violence promptly and effectively, and had been reluctant to identify a racial motive behind attacks; and that perpetrators of racial crimes were often lightly punished. The Committee recommended that the State party continue to carry out timely and thorough investigations and effective prosecutions against racist organizations.
The Committee recommended, among other things, that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions were prohibited; that effective measures be taken to ensure all children had adequate access to health care services; that all appropriate measures be taken to prevent and combat the dangers and risks to the health of children posed by environment pollution; and that education in Slovakia be directed through active participation of child's personality, talents and mental and physical abilities to the fullest potential.
The Committee noted with concern that most Roma children attended special schools due to real or perceived language and cultural differences between the Roma and the majority; that the School Act did not offer instruction in the Roma language; and the negative, stereotypical description of the Roma and their children in general, but especially also in the initial report. The Committee recommended that further measures be taken to ensure that Roma children had equal access to and opportunities to attend regular schools.
And on the report of the Comoros, the Committee noted with concern the negative effects of the State party's political instability and the current socio-economic crisis on children, especially regarding the enjoyment of their human rights, which were among factors and difficulties impeding the implementation of the Convention. Concern was expressed that the State party had not acceded to the other main international human rights instruments and to the regional human rights instruments such as the African Charter on the Rights and Welfare of the Child. The State party was recommended to accede to those instruments in order to strengthen the protection of human rights.
The Committee recommended that the State party take all appropriate measures to complete the process of law review and adopt or amend legislation so as to ensure the harmonization of applicable provisions of the different jurisdictions, traditional, Islamic and civil law, ensuring their conformity with the provisions and principles of the Convention. Further, the Committee recommended that a coordination mechanism be established between the various government bodies involved in children's rights; 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; and that the State party seek international assistance for the implementation of the principles and provisions of the Convention.
The Committee recommended that the Comoros continue its efforts to harmonize existing provisions concerning the age of majority to establish one clear age at which the child would become an adult; that efforts be increased to ensure implementation of the principle of non-discrimination and full compliance with the Convention; that the views of the child be respected; that the State party establish as quickly as possible the practice of systematic birth registration for all children born within the national territory; and that effective measures be taken to prevent and combat child abuse and ill-treatment of children within the family.
The Committee expressed concern at the State party's high infant and maternal mortality rate, the large number of births taking place outside the hospital system, and at the high rate of children's malnutrition. Concern was also expressed at children's limited access to health services, especially with regard to the shortage of medication and technical equipment, and medical and public health personnel. The spread of the HIV/AIDS epidemic and its direct and indirect effects on children as well as the lack of attention for health problems of adolescents in general, were also matters of concern. The State party was recommended to take all the necessary action to fight against the epidemic and address health problems of adolescents.
The Committee recommended that all appropriate measures be taken to prevent and combat the damaging effects of environmental degradation on children, including pollution and contamination of water supplies; that efforts should continue to promote and facilitate school attendance; and that all feasible measures be taken to have all child abductees and combatants released and demobilized and to rehabilitate and reintegrate them in society.
Recommendations on "State Violence Against Children"
Following its day-long discussion on the subject of "State violence against children", in which Government representatives, inter- and non-governmental organizations and other international bodies participated, the Committee adopted recommendations.
The Committee recommended, among other things, that the Secretary-General be requested to conduct an in-depth study on the issue of violence against children, and to explore the different types of violent treatment of which children were victims, identify their causes, the extent of such violence, and its impact on children; to explore the links between different provisions of the Convention and other international human rights treaties in relation to violence against children; and collect information on the activities of different human rights mechanisms and UN bodies and agencies and the extent to which the problem of violence against children was addressed in those activities from a human rights prospective.
The Committee urged all States, concerned UN agencies and bodies, and non-governmental organizations, to give priority attention to violence against children in the UN General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action; it recommended that efforts be made by UN human rights mechanisms with a mandate to consider individual complaints concerning violations of human rights to identify ways to respond more effectively to individual complaints concerning violence against children; and that effective measures be sought in order to strengthen existing UN human rights mechanisms to ensure that violence against children and the situation of children living on the streets was adequately addressed.
Further, the Committee urged States parties to repeal any legislation that allowed the imposition of unacceptable sentences for offences committed before the age of eighteen; that they review all provisions of criminal legislation, including criminal procedure, dealing with children under eighteen so as to ensure that it reflected appropriately the provisions of the Convention; and that all relevant legislation be reviewed to ensure that all forms of violence against children, however light, were prohibited.
The Committee encouraged States parties, NGOs, UN human rights mechanisms, UN agencies and other bodies to give priority to raising awareness about the problem of violence against children; that States parties develop the use of alternative measures to avoid long-term placement of children in institutions; and that urgent attention be given to ensuring the establishment and effective functioning of systems to monitor the treatment received by children deprived of a family or alleged to have infringed penal law.
Convention on Rights of 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.
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 el Guindi (Egypt), Francesco Paolo Fulci (Italy), Judith Karp (Israel), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Lily Rilantono (Indonesia), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).
The Chairperson is Mrs. Ouedraogo. Vice Chairpersons are Mrs. Sardenberg, Mrs. Mokhuane, and Mr. Rabah. Mr. Doek is Rapporteur.
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