Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
23 May 2000
Share
CRC
24th Session
23 May 2000
Afternoon
Calls, in Preliminary Conclusions, for Separate Juvenile Justice System,
Greater Attention to Family Problems, Care of Children without Families
The Committee on the Rights of the Child completed review this afternoon of an initial report of the Kyrgyz Republic, calling in preliminary remarks for the setting up of a separate system of juvenile justice and for greater efforts to prevent the disintegration of families and to care for children deprived of family environments.
The Committee also said more should be done to collect data and to monitor the situation of children in the country, to meet the needs of children with disabilities, and to cope with adolescent health problems.
Formal, written conclusions and recommendations on the report of Kyrgyzstan will be issued towards the 2 June adjournment of the Committee's three-week spring session.
The Kyrgyz report was presented this morning by a three-member Government delegation, and the delegation passed the day responding to questions put by Committee members. Discussion this afternoon centred on the subjects of family environment and alternative care; basic health and welfare; education, leisure, and cultural activities; and special protection measures.
The delegation said, among other things, that girls had been kept in penal institutions with adult women prisoners but that a series of detention centres would be constructed so that this practice would no longer occur; that health problems had been experienced with tuberculosis, diphtheria, and other infectious diseases during the crisis following the collapse of the former Soviet Union and the dismantling of the Soviet health-care system, but that recent Government programmes had greatly reduced the incidence of such diseases; and that rates of venereal disease among youth remained a concern. The delegation said there was no separate juvenile court system, but that the Government was considering establishing one, provided funding could be found during a time of national financial difficulty.
As one of the 191 States parties to the Convention on the Rights of the Child, Kyrgyzstan must provide the Committee with periodic accountings of Government efforts to implement the treaty and of steps taken to improve the situation of children.
The Committee will reconvene at 10 a.m. on Wednesday, 24 May, to begin consideration of a report of Cambodia.
Discussion
Discussion over the course of the afternoon focused on the general subjects of family environment and alternative care; basic health and welfare; education, leisure, and cultural activities; and special protection measures.
Responding to questions, the Kyrgyz delegation said, among other things, that following the collapse of the Soviet Union and the depression endured by Kyrgyzstan as it began its transition to a market economy, the former blanket coverage provided by State health services broke down; however, progress had been made in recent years to improve health services to the population, including children. Tuberculosis had been a serious problem, but the situation had improved under a State programme to reduce the spread of the disease.
Minors could address complaints to any State agency, the delegation said; complaints also could be made on the local level. All complaints were investigated, generally by the Internal Affairs Agency or by representatives of the Commission for Minors. For example, a minor held in custody had alleged an attempted rape by a police officer; the matter had been investigated, and the officials involved had been removed from their positions. The child had been placed in a rehabilitation agency.
The age of criminal responsibility was age 16, the delegation said; for particularly serious crimes, such responsibility could be lowered to age 14. Courts could place minors in institutions, impose fines, or levy administrative punishments on the child's parents. A child charged with a criminal offense had the right to a defense and the right to a lawyer. NGOs often sat in on court cases involving children. Petty crimes up to age 14 could be considered under an administrative code for minors and their parents, and could be tried through the akaskal, the local elders' courts.
A centre on legal information would be set up over the next year through which laws, including those applying to youth, would be made available by computer and through the Internet, the delegation said.
The age at which a person could join an association was 18, the delegation said -- the age of majority.
The local, informal elders' courts, called aksakal, a Kyrgyz tradition, still functioned in Kyrgyz communities, although their powers and rights were limited, the delegation said; they did deal with cases involving minors, such as theft; new legislation dealt with the training of aksakal judges; there had been rare cases of abuse by such courts -- in one case, a sentence of stoning had been handed down.
Kyrgyz courts practised a specialized system of justice where minors were concerned, the delegation said; in all courts where there were more than three judges, there was specialization; within civil and criminal law, there were subdivisions of judges who dealt with minors; the division of labour was practical in nature. When State finances allowed, it was hoped to set up a separate juvenile justice system.
Girls had been held in prisons with adult women prisoners, a situation the Government did not consider satisfactory, the delegation said; recently the decision had been made to build a series of detention centres for girls so that they would no longer be kept in adult prisons.
During the country's crisis period in the early and mid '90s, there had been outbreaks of infectious diseases long forgotten, such as diphtheria, the delegation said, but since then infectious mortality among children had been reduced by 25 per cent. Tuberculosis had been reduced by 50 per cent. Infant mortality and maternal mortality also had declined significantly. Anaemia had been a problem among nursing and pregnant mothers, contributing to the country's health problems, along with food shortages and the consumption of less nutritious food. Diarrhoea, measles, respiratory and infectious diseases were the targets of Government health programmes in an attempt to improve levels of child health in the country. Government efforts had resulted in an increase in breastfeeding.
Venereal diseases were a problem, the delegation said, although lately the situation appeared to have stabilized. The figure of a two-fold increase in venereal disease mentioned by the Committee did not sound accurate to the delegation. Despite strong parental and traditional opposition, the use of condoms was being promoted, especially among students, in order the prevent the spread of venereal diseases and the spread of HIV/AIDS. The public had been informed about AIDS through Government publicity campaigns. Government reproductive health centres had been set up which included units to deal with the needs of girls and of female university students. Roughly 1,200 children were born annually with birth defects. A new law on reproduction stated that if birth defects were detected early in a pregnancy, the pregnancy could be terminated. Abortion was prohibited for minors without parental consent, but in practice if a girl did not want to inform her parents, and based on the individual situation, medical personnel did try to help her and resolve the problem.
There had been a problem a few years ago of abandoned children, the delegation said, but it had eased recently. Rural-urban migration had been heavy, leading to culture shock among new arrivals in the cities and the breakdown of families, which resulted in abandoned children. Orphans accounted for 12 per cent of children kept in State institutions; the others were children of parents who had lost their parental rights, children of parents in prison, or children of parents who were destitute and wished to relinquish child care until more money was available. Often parental rights were taken away only temporarily. In general it was rare for the State to take children away from their parents. Cases of child abuse, either in the family or in such places as schools, were rare but did occur. Parents or teachers were held criminally responsible if they committed violent acts against minors. Children in trouble with the law were not held in detention centres if it could be avoided; they were sent home and their cases were followed up by the Commission for Minors.
There were virtually no ethnic problems in Kyrgyzstan, the delegation said; education was conducted in three languages. There were problems in terms of education of the children of refugees; the State was trying to provide them with education, but had not been able to assure them of education in their native languages, although in some cases it was possible.
Children were used on occasion for seasonal agricultural work, although the State discouraged the practice, the delegation said, especially when it interfered with school attendance. A human-rights activist regularly protested the use of child labour in tobacco harvesting, and the Government was aware of the problem, but identifying every case of the practice, especially in the southern regions of the country, was difficult. Each case reported was referred to local authorities. Work by the estimated 160 street children in the country was a concern; authorities tried to return them to school, but in fact it was hard to assist such children. A centre was being constructed for the rehabilitation of street children with financial help from Norway. The number of street children had declined significantly from four or five years ago.
Preliminary conclusions and recommendations
The Committee had several preliminary responses to the report of Kyrgyzstan. Formal, written conclusions and recommendations will be issued towards the end of the Committee's three-week spring session.
The Committee said, among other things, that the dialogue had been fruitful and open; that the Kyrgyz Government had done a great deal for children in terms of legislation and the challenge now was actually to implement the Convention and to find the funding for child-related programmes; that the Government should publicize child rights more thoroughly and should improve its collection of data and its monitoring of child rights; that it should attempt to implement the Convention without discrimination; that more should be done for children with disabilities and to reduce adolescent health problems; that more should be done to prevent the disintegration of families; that better alternatives should be found for care of children deprived of family environments; and that the Government should set up an independent system for juvenile justice.
* *** *
24th Session
23 May 2000
Afternoon
Calls, in Preliminary Conclusions, for Separate Juvenile Justice System,
Greater Attention to Family Problems, Care of Children without Families
The Committee on the Rights of the Child completed review this afternoon of an initial report of the Kyrgyz Republic, calling in preliminary remarks for the setting up of a separate system of juvenile justice and for greater efforts to prevent the disintegration of families and to care for children deprived of family environments.
The Committee also said more should be done to collect data and to monitor the situation of children in the country, to meet the needs of children with disabilities, and to cope with adolescent health problems.
Formal, written conclusions and recommendations on the report of Kyrgyzstan will be issued towards the 2 June adjournment of the Committee's three-week spring session.
The Kyrgyz report was presented this morning by a three-member Government delegation, and the delegation passed the day responding to questions put by Committee members. Discussion this afternoon centred on the subjects of family environment and alternative care; basic health and welfare; education, leisure, and cultural activities; and special protection measures.
The delegation said, among other things, that girls had been kept in penal institutions with adult women prisoners but that a series of detention centres would be constructed so that this practice would no longer occur; that health problems had been experienced with tuberculosis, diphtheria, and other infectious diseases during the crisis following the collapse of the former Soviet Union and the dismantling of the Soviet health-care system, but that recent Government programmes had greatly reduced the incidence of such diseases; and that rates of venereal disease among youth remained a concern. The delegation said there was no separate juvenile court system, but that the Government was considering establishing one, provided funding could be found during a time of national financial difficulty.
As one of the 191 States parties to the Convention on the Rights of the Child, Kyrgyzstan must provide the Committee with periodic accountings of Government efforts to implement the treaty and of steps taken to improve the situation of children.
The Committee will reconvene at 10 a.m. on Wednesday, 24 May, to begin consideration of a report of Cambodia.
Discussion
Discussion over the course of the afternoon focused on the general subjects of family environment and alternative care; basic health and welfare; education, leisure, and cultural activities; and special protection measures.
Responding to questions, the Kyrgyz delegation said, among other things, that following the collapse of the Soviet Union and the depression endured by Kyrgyzstan as it began its transition to a market economy, the former blanket coverage provided by State health services broke down; however, progress had been made in recent years to improve health services to the population, including children. Tuberculosis had been a serious problem, but the situation had improved under a State programme to reduce the spread of the disease.
Minors could address complaints to any State agency, the delegation said; complaints also could be made on the local level. All complaints were investigated, generally by the Internal Affairs Agency or by representatives of the Commission for Minors. For example, a minor held in custody had alleged an attempted rape by a police officer; the matter had been investigated, and the officials involved had been removed from their positions. The child had been placed in a rehabilitation agency.
The age of criminal responsibility was age 16, the delegation said; for particularly serious crimes, such responsibility could be lowered to age 14. Courts could place minors in institutions, impose fines, or levy administrative punishments on the child's parents. A child charged with a criminal offense had the right to a defense and the right to a lawyer. NGOs often sat in on court cases involving children. Petty crimes up to age 14 could be considered under an administrative code for minors and their parents, and could be tried through the akaskal, the local elders' courts.
A centre on legal information would be set up over the next year through which laws, including those applying to youth, would be made available by computer and through the Internet, the delegation said.
The age at which a person could join an association was 18, the delegation said -- the age of majority.
The local, informal elders' courts, called aksakal, a Kyrgyz tradition, still functioned in Kyrgyz communities, although their powers and rights were limited, the delegation said; they did deal with cases involving minors, such as theft; new legislation dealt with the training of aksakal judges; there had been rare cases of abuse by such courts -- in one case, a sentence of stoning had been handed down.
Kyrgyz courts practised a specialized system of justice where minors were concerned, the delegation said; in all courts where there were more than three judges, there was specialization; within civil and criminal law, there were subdivisions of judges who dealt with minors; the division of labour was practical in nature. When State finances allowed, it was hoped to set up a separate juvenile justice system.
Girls had been held in prisons with adult women prisoners, a situation the Government did not consider satisfactory, the delegation said; recently the decision had been made to build a series of detention centres for girls so that they would no longer be kept in adult prisons.
During the country's crisis period in the early and mid '90s, there had been outbreaks of infectious diseases long forgotten, such as diphtheria, the delegation said, but since then infectious mortality among children had been reduced by 25 per cent. Tuberculosis had been reduced by 50 per cent. Infant mortality and maternal mortality also had declined significantly. Anaemia had been a problem among nursing and pregnant mothers, contributing to the country's health problems, along with food shortages and the consumption of less nutritious food. Diarrhoea, measles, respiratory and infectious diseases were the targets of Government health programmes in an attempt to improve levels of child health in the country. Government efforts had resulted in an increase in breastfeeding.
Venereal diseases were a problem, the delegation said, although lately the situation appeared to have stabilized. The figure of a two-fold increase in venereal disease mentioned by the Committee did not sound accurate to the delegation. Despite strong parental and traditional opposition, the use of condoms was being promoted, especially among students, in order the prevent the spread of venereal diseases and the spread of HIV/AIDS. The public had been informed about AIDS through Government publicity campaigns. Government reproductive health centres had been set up which included units to deal with the needs of girls and of female university students. Roughly 1,200 children were born annually with birth defects. A new law on reproduction stated that if birth defects were detected early in a pregnancy, the pregnancy could be terminated. Abortion was prohibited for minors without parental consent, but in practice if a girl did not want to inform her parents, and based on the individual situation, medical personnel did try to help her and resolve the problem.
There had been a problem a few years ago of abandoned children, the delegation said, but it had eased recently. Rural-urban migration had been heavy, leading to culture shock among new arrivals in the cities and the breakdown of families, which resulted in abandoned children. Orphans accounted for 12 per cent of children kept in State institutions; the others were children of parents who had lost their parental rights, children of parents in prison, or children of parents who were destitute and wished to relinquish child care until more money was available. Often parental rights were taken away only temporarily. In general it was rare for the State to take children away from their parents. Cases of child abuse, either in the family or in such places as schools, were rare but did occur. Parents or teachers were held criminally responsible if they committed violent acts against minors. Children in trouble with the law were not held in detention centres if it could be avoided; they were sent home and their cases were followed up by the Commission for Minors.
There were virtually no ethnic problems in Kyrgyzstan, the delegation said; education was conducted in three languages. There were problems in terms of education of the children of refugees; the State was trying to provide them with education, but had not been able to assure them of education in their native languages, although in some cases it was possible.
Children were used on occasion for seasonal agricultural work, although the State discouraged the practice, the delegation said, especially when it interfered with school attendance. A human-rights activist regularly protested the use of child labour in tobacco harvesting, and the Government was aware of the problem, but identifying every case of the practice, especially in the southern regions of the country, was difficult. Each case reported was referred to local authorities. Work by the estimated 160 street children in the country was a concern; authorities tried to return them to school, but in fact it was hard to assist such children. A centre was being constructed for the rehabilitation of street children with financial help from Norway. The number of street children had declined significantly from four or five years ago.
Preliminary conclusions and recommendations
The Committee had several preliminary responses to the report of Kyrgyzstan. Formal, written conclusions and recommendations will be issued towards the end of the Committee's three-week spring session.
The Committee said, among other things, that the dialogue had been fruitful and open; that the Kyrgyz Government had done a great deal for children in terms of legislation and the challenge now was actually to implement the Convention and to find the funding for child-related programmes; that the Government should publicize child rights more thoroughly and should improve its collection of data and its monitoring of child rights; that it should attempt to implement the Convention without discrimination; that more should be done for children with disabilities and to reduce adolescent health problems; that more should be done to prevent the disintegration of families; that better alternatives should be found for care of children deprived of family environments; and that the Government should set up an independent system for juvenile justice.
* *** *