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02 June 2000
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CRC
24th Session
2 June 2000
ROUND-UP
Issues Final Conclusions and Recommendations on Reports
of Iran, Georgia, Jordan, Norway, Kyrgyzstan, Cambodia,
Malta, Suriname, and Djibouti
The Committee on the Rights of the Child completed today its three-week spring session, issuing conclusions and recommendations on reports submitted to it by Iran, Georgia, Jordan, Norway, Kyrgyzstan, Cambodia, Malta, Suriname, and Djibouti.
The nine countries, in keeping with their obligations as State 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 cited among positive developments in Iran a Constitutional provision that free education must be provided for all up to secondary school; and the country's fast and generally effective assistance, despite limited international help, to the world's largest refugee population. It recommended, among other things, that Iran take all necessary steps to end imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law, and of such punishments as amputation, flogging, and stoning to persons who might have committed crimes while under age 18.
It noted as positive that Georgia had passed a National Ombudsman Act and acts on education, adoption, and criminal and civil procedures. It recommended, among other things, that Georgia take measures to prohibit all forms of physical and mental violence against children, including corporal punishment.
It cited among positive developments in Jordan the establishment of a National Committee for Human Rights. It urged the country, among other things, to raise the age of criminal responsibility and the minimum age of marriage, and to make the age of marriage the same for boys and girls.
The Committee said positive aspects of the situation in Norway included the effective and independent role of the Norwegian Office of the Ombudsperson for children. It recommended that Norway, among other things, continue efforts to confront a rise in violent acts in society, particularly among young people.
It cited as positive in Kyrgyzstan's report the adoption of a 1998 Law on the Protection of Minors' Rights. Among its recommendations were that the country take steps to prevent ill-treatment of persons under age 18 by the militia.
The Committee cited among positive developments in Cambodia the ratification of the six major international human-rights instruments. It recommended that Cambodia, among other things, ensure the identification, demobilization and psychological rehabilitation of child soldiers and that it increase budget allocations for removing anti-personnel landmines.
It noted among positive developments in Malta that the country had become a State party to the main human-rights instruments and that it had acceded to ILO Convention 138 regarding the minimum age for employment. It recommended that Malta, among other things, raise the minimum age of criminal responsibility, eliminate the assumption that a child aged 9 to 14 could act with "mischievous intent", and ensure that the juvenile-justice system covered all persons under age 18.
The Committee cited among positive developments in Suriname the establishment of a Steering Committee on Youth and a National Youth Council. It urged Suriname, among other things, to raise the minimum ages of criminal responsibility and marriage.
The Committee said positive developments in Djibouti included a recent amendment to the Penal Code setting severe sanctions for the practice of female genital mutilation. Among its recommendations were that Djibouti promote the sharing of parental responsibility, discourage the practice of polygamy, and ensure adequate protection of children from abuse and neglect.
The Committee's next session, its twenty-fifth, will be held from 18 September to 6 October. It will consider reports from Burundi, the Marshall Islands, the Comores, Slovakia, Tadjikistan, Central African Republic, the United Kingdom, Finland, and Colombia.
The Committee also decided to hold during the session a day of special debate on the subject of violence against women, and to hold a similar one-day debate during its fall 2001 session.
Conclusions and recommendations on country reports
The Committee noted as positive in the report of Iran the country's achievement of most of the year 2000 goals of the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s; Iran's Constitutional provision that free education must be provided for all up to secondary school, and its 90 per cent rate of primary school attendance; and its fast and generally effective assistance, despite limited international help, to the world's largest refugee population.
Noting the universal values of equality and tolerance inherent in Islam, the Committee observed that narrow interpretations of Islamic texts by State authorities were impeding the enjoyment of many human rights protected under the Convention.
Citing concern over the broad and imprecise nature of Iran's general reservation to the Convention, which potentially negated many of the Convention's provisions, the Committee recommended that Iran study the matter with an eye to narrowing the scope of the reservation and, in the long term, withdrawing it. Citing concern over a lack of coordination in implementing the Convention, the Committee recommended that a national plan of action be adopted for that purpose, with focus on coordination between national and local levels of government. The Committee also encouraged Iran to establish an independent institution to monitor implementation of the Convention and to receive and address complaints of violations of child rights.
The Committee expressed concern that Note 1 of article 1212 of the Civil Code and Note 1 of article 49 of the Islamic Penal Law provided for attainment of majority at predefined ages of puberty, which meant that there could be arbitrary and disparate applications of law and discrimination between boys and girls with respect to legal capacity; it recommended that minimum age requirements be made to conform with the Convention, in particular that they be made gender-neutral, and that they be enforced. The Committee recommended measures to prevent and eliminate legal discrimination on grounds of sex and birth; that discriminatory laws be rescinded; that Iran study the practice of other States that had successfully reconciled fundamental rights with Islamic texts; and that public-education campaigns be carried out, with the involvement of religious leaders, to prevent and combat discriminatory social attitudes. Citing concern at disparaties in the enjoyment of rights in provinces inhabited largely by ethnic minorities, the Committee recommended the equal provision of all rights in the Convention to all children in the country.
The Committee noted serious concern that under article 220 of the Penal Law, a man who killed his own child or his son's child was subject only to discretionary punishment and the payment of blood money. It recommended that such crimes not be subject to discriminatory treatment and that there be prompt and thorough investigations and prosecutions of them; it also recommended immediate abolition by law of imposition of the death penalty for crimes committed by persons when under age 18.
The Committee further recommended that Iran establish clear criteria on Islamic limitations on freedoms of expression and assembly and that the Government consider appropriate means to for protecting public morals while still safeguarding those rights; that steps be taken to eliminate discrimination on grounds of religion; that all necessary steps be taken to end imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law, and of such punishments as amputation, flogging, stoning and other forms of cruel, inhuman or degrading punishment to persons who might have committed crimes while under age 18; that measures be enacted to prohibit all forms of physical and mental violence against children in the family and in schools; that disabled children be ensured of all rights under the Convention; that a comprehensive study be undertaken of adolescent health problems; that street children be provided with identity documents, nutrition, clothing, and housing; that educational policy be made to reflect the aims of the Convention; that the rights of stateless, asylum-seeking, and refugee children be fully respected; that the age of compulsory education be raised to match the minimum age for employment, as concern was felt over the extent of child labour, especially in the informal sector; and that a system of juvenile justice be established in conformity with the standards of the Convention.
The Committee cited as positive in the report of Georgia the adoption of a new Constitution which guaranteed universally recognized rights and freedoms; enactment of a National Ombudsman Act and acts on education, adoption, and criminal and civil procedures; and creation of a Parliamentary Subcommittee on Mother and Child Affairs, along with establishment of an Office of the Public Defender to examine complaints of violations of human rights, including the creation of the post of a Commissioner for the rights of women and children.
The Committee noted that the country had economic and social difficulties resulting from its status as a "transition economy" and from the impact of a structural-adjustment programme and high levels of unemployment and poverty which impeded implementation of programmes and services for children, especially in conflict zones.
The Committee recommended, among other things, that the Georgian Government reinforce efforts to bring laws into conformity with the Convention; that it consider enacting a comprehensive code for children; that it adopt a comprehensive national plan of action to implement the Convention; that it pay particular attention to prioritizing budgetary allocations on behalf of children, especially as concern was felt over widespread practices of tax evasion and the high level of corruption in the country, which were cutting into the nation's limited resources; that legislation be passed concerning appropriate legal ages for sexual consent and medical treatment without parental consent; and that efforts be increased to ensure non-discrimination in child rights.
The Committee also recommended that legislation be amended to allow youth to join political parties and to fully enjoy the right to freedom of association; that a code be adopted for protection of children deprived of a family environment; that proper monitoring procedures be introduced for domestic and intercountry adoptions; that high and increasing incidences of abuse of children, including sexual abuse, be addressed, that studies be undertaken on domestic violence and related problems, that a mandatory system for reporting of abuse be set up, and that cases of domestic violence, ill-treatment and abuse of children be properly investigated; and that all measures be taken to discourage the neglect and abandonment of children.
The Committee recommended that measures be taken to prohibit all forms of physical and mental violence, including corporal punishment; that sufficient resources be found to implement the country's National Health Policy along with new measures for children living in mountainous regions and conflict zones; that all appropriate steps be taken and resources found for effective implementation of programmes for disabled children; that more resources be found to help economically disadvantaged families so that children could be ensured an adequate standard of living; that all appropriate measures be taken to improve the situation of education and to ensure that all children had access to education; that all necessary steps be taken to protect the rights of refugee, asylum-seeking, and unaccompanied children; that all appropriate measures be taken to ensure the protection and care of children affected by armed conflict; that landmines be cleared; that the Georgian Government consider ratifying International Labour Office (ILO) Convention No. 182 on elimination of the worst forms of child labour; that street children be provided with identity documents, nutrition, clothing, and housing; that more be done for the increasing numbers of child victims of commercial sexual exploitation; and that deprivation of liberty of children be used only as a measure of last resort and for the shortest possible period of time, and that such children remain in contact with their families.
The Committee noted its approval of progress made by Jordan in achieving most of the year 2000 goals laid down by the World Declaration on the Survival, Protection and Development of Children in the 1990s; the establishment of a National Committee for Human Rights; the country's ratification of major human-rights instruments; and the fact that the country hosted a large refugee population.
It said country's economy and economic reforms, population pressures, and a severe drought, were factors impeding implementation of the Convention. Noting the universal values of equality and tolerance inherent in Islam, the Committee observed that narrow interpretations of Islamic texts by authorities, particularly in areas relating to family law, were impeding the enjoyment of some rights protected under the Convention.
The Committee recommended, among other things, that Jordan withdraw its reservations to articles 20 and 21 of the Convention; and, noting that the "broad and imprecise nature" of Jordan's reservation to article 14 gave rise to infringements on freedom of thought, conscience, and religion, and raised questions of its compatibility with the object and purpose of the Convention, recommended that Jordan consider narrowing the reservation, and, in the long term, withdrawing it.
It recommended that Jordan expedite publication of the Convention in the Official Gazette and take action to make it enforceable in the courts; that it ensure that a draft Childhood Act conformed with the Convention and that its passage was expedited; that Jordan adopt a comprehensive national plan of action to implement the Convention; and that it establish a relevant institution to monitor implementation of the Convention and to receive and address complaints of violations of child rights.
The Committee recommended that Jordan assess the impact of budgetary allocations on child rights and ensure adequate distribution of resources; that, given a "very low" age of criminal responsibility of 7 years and existing ages of marriage of 15 years for girls and 16 for boys, which were "too low" and discriminatory, the Government review legislation to make minimum-age requirements conform to the principles of the Convention, including by making them gender-neutral; that effective measures be taken to eliminate discrimination on grounds of sex and birth, as currently discrimination existed against girls and children born out of wedlock, and that there were discriminatory social attitudes towards the education of girls, primarily in rural areas; and that social services for children belonging to the most vulnerable groups be targeted and prioritized.
The Committee recommended that Jordan take all necessary measures to eradicate "crimes of honour", ensure that there was no discriminatory treatment for such crimes, and ensure prompt and thorough investigations and prosecutions; that measures be taken to prohibit all forms of physical and mental violence, including punishment and sexual abuse, against children in the family and schools, that non-violent forms of discipline be promoted as an alternative to corporal punishment, and that the Government's Family Protection Unit be adequately resourced; that international standards be met on the care offered to children with disabilities; that vulnerable groups, such as children living in desert regions, be assured of sufficient health services; that a study be undertaken of the nature and extent of adolescent health problems; and that measures be taken to combat damaging effects on children of environmental pollution and contamination of water supplies.
The Committee recommended that the crimes of vagrancy and begging be repealed and that children engaged in those activities be provided with identity documents, nutrition, clothing, and housing; that educational resources, infrastructure, and teachers' salaries be improved; that special measures be adopted to deal with unaccompanied children; that the Jordanian Labour Law be amended to protect children working in family enterprises, agricultural activities and domestic labour; that a study be made of the nature and extent of commercial sexual exploitation of children; and that such abuse and exploitation be thoroughly criminalized.
The Committee commended Norway, among other things, for the positive and independent role of its Office of the Ombudsperson for children, for withdrawal of Norway's former reservation to article 40 (2) (b) (v) of the Convention, for increases in budgetary resources for child-welfare programmes, and for efforts to combat trends towards intolerance against foreigners and to address issues of racism and xenophobia.
The Committee recommended, among other things, that Norway consider incorporating the Convention into domestic legislation; that it evaluate implementation of all aspects of the Convention by municipal authorities and that efforts be made to ensure equal treatment of children throughout the country, and that allocations of resources to municipalities reflect standards of equal treatment and provision of the same standard of services to children; that a new school curriculum on "religions, knowledge, and ethical education" , and a process of exemptions for children whose parents did not want them to participate, be reviewed, as it could be discriminatory; that efforts be continued to confront a rise in violent acts in society and particularly among young people; that the Government be more flexible in its application of family contact rules for imprisoned parents and that it review the process through which it made deportation decision to ensure that the best interests of children were taken into account in situations where deportation might separate parents from their children; and that children and other concerned persons be fully informed of family reunification policies and procedures relating to non-Norwegian children.
The Committee also recommended that factors leading to placement of children outside their parental homes and a practice of informal placements be carefully analyzed, and measures taken to ensure the right of children to family life; that efforts be made to address malnutrition, a high incidence of anorexia nervosa and bulimia among adolescents, suicide by children, especially boys, and a prevalence of alcohol consumption among adolescents; and that the Government continue steps to ensure that children with disabilities were able to share their time with other children.
In addition, the Committee said possible negative impacts for children of low teacher salaries should be studied; that the Government should explore means of making formal education more accessible to Roma and other children who travelled for part of the year; that the procedure for review of applications for asylum from children be reviewed and shortened; that the best interests of the child be a primary consideration during juvenile-justice proceedings; that efforts be continued to prevent and address cases of sexual abuse, including through an increase in resources available; that efforts be made to provide more timely access for children to mental-health services; and that a shortage of psychiatrists and psychologists be addressed.
The Committee cited as positive in the report of Kyrgyzstan the adoption of a 1998 Law on the Protection of Minors' Rights, adoption of numerous legislative and administrative measures on child rights, and the ratification by Kyrgyzstan of six major international human-rights instruments.
The Committee noted that the country's transition to a market economy, which had led to serious economic, social and political challenges, was a factor impeding implementation of the Convention, especially for the most vulnerable segments of society.
The Committee recommended, among other things, that Government resources for children reach the most vulnerable groups; that a systematic approach be taken to involve civil society in the enhancement of child rights; that relevant disaggregated data on children be collected and analyzed; that an independent institution be established to monitor implementation of the Convention and to receive and respond to complaints of violations of child rights; that legislation affecting persons under age 18 be made consistent with the new Law on the Protection of Minors' Rights; and that a system of residence registration be reviewed to ensure it did not interfere with children's right to freedom of movement.
The Committee recommended that Kyrgyzstan make greater efforts to ensure free and timely registration of all births; that regulations restricting persons under 18 in their freedom of association be limited to reflect international standards; and that effective measures be taken to reduce and prevent the abandonment of children. Citing concern over numerous and continuing reports of ill-treatment of persons under age 18 by the militia, the Committee called for all necessary steps to prevent such abuse; citing concern that ill-treatment of children occurred in families, institutions and schools, it called on the Government to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children; concerned by a deterioration in the health of the most vulnerable groups in the country and an increase in communicable diseases, including vaccine-preventable diseases, and an increase in childhood malnutrition, the Committee recommended that adequate resources be given to primary health care, especially for the most vulnerable groups; and concerned at a high and increasing rate of teenage pregnancies, it called for a comprehensive study of the matter and of other adolescent health problems, and the subsequent development of an adolescent health policy.
The Committee also called, among other things, for sufficient resources to implement Kyrgyzstan's Education for All Strategic Programme; for enforcement of minimum-age requirements for employment and a national survey on the nature and extent of child labour; for a national survey on substance abuse; for a survey of commercial sexual exploitation of children and a review of legislation to ensure that such exploitation was sufficiently criminalized; and for steps to fully meet international standards related to juvenile justice systems. In addition, the Committee called for attention to the problems of disabled children, environmental degradation, homeless and street children, and asylum policy.
The Committee said positive developments in Cambodia included ratification of the six major international human-rights instruments; the inclusion within Cambodia's 1993 Constitution of the rights enshrined in the Convention; and the pursuit of technical cooperation with the Office of the High Commissioner for Human Rights.
The Committee noted with concern that the legacy of more than 20 years of genocide, armed conflict and political instability, the isolation suffered by the country for many years, and its very difficult socio-economic situation were factors impeding implementation of the Convention.
The Committee recommended, among other things, that laws be reviewed to ensure conformity with the Convention; that special attention be paid to legislation relating to birth registration, family and alternative care, and juvenile justice; that the role of the Cambodian National Council for Children (CNCC) be strengthened to ensure coordination in the implementation of the Convention; that the Government consider establishing an independent body to monitor implementation and to receive and deal with complaints of violations of child rights; that data collection on child rights be further developed and strengthened; and that resources for child health, education and social services be provided to the maximum extent of available resources.
The Committee recommended that programmes be continued to train all professionals working with children in the standards of the Convention; that legislation be drafted reflecting the Convention's standards for minimum ages for criminal responsibility and sexual consent, as such limits currently were lacking; that effective measures to taken to eliminate discrimination against girls, in particular in terms of access to education; that discrimination be eliminated in the treatment of street children and minority children, especially children of Vietnamese origin; that birth registration be compulsory for all children without discrimination, including for children of non-Khmer citizens and refugee children born in Cambodia; and that the Law on Nationality be reviewed to eliminate all grounds of possible discrimination and to eradicate and prevent statelessness of children.
The Committee recommended that Cambodia enact legislation to protect children from harmful information, including films containing brutal violence and pornography; that the family be promoted as the best environment for the child so as to empower parents to take care of their children and avoid their placement in child-welfare centres, as there was concern at the prevalence of such placements; that social services be strengthened and expanded to a larger number of children, in particular to orphans due to the HIV/AIDS epidemic; and that legislation on adoption be brought into line with international standards.
The Committee recommended that effective measures be taken to prevent and combat child abuse and ill-treatment of children within the family, at school, and in society at large, as concern was felt at the scope and harmful consequences of such abuse, including sexual abuse; that a multi-sectoral approach be taken to address the issue of childhood morbidity and mortality, as concern was felt that rates of infant and under-five mortality remained among the highest in the region; that the Government continue taking measures to prevent HIV/AIDS, as the Committee felt deep concern that Cambodia had the fastest-growing rate of the disease in the region and that children were among the most affected groups; that early identification programmes and other steps be taken to prevent disabilities and to care for children with disabilities, if possible without institutionalization; that access to health care and medicines be improved, especially for poor and marginalized children; and that a study be carried out of the scope of adolescent health problems.
The Committee recommended that Cambodia continue measures to make primary education free and compulsory for all children and to increase enrollment rates and decrease drop-out rates; that access to schools be improved for poor children, girls, minority children, and rural children; that legislation be introduced to protect effectively the rights of refugee children; that the Government ensure the identification, demobilization and psychological rehabilitation of child soldiers and that it increase budget allocations for de-mining; that it enforce the provisions of its Labour Law regarding the minimum age of employment, as the Committee was concerned over the large number of children working, including in the informal sector; that legislation to combat sexual exploitation be reviewed and reinforced, as the Committee was concerned at the widespread phenomena of child prostitution, sale and trafficking of children; and that Cambodia establish a juvenile justice system in accordance with international standards.
The Committee cited as positive in the report of Malta that the country had become a State party to the main human rights instruments; that it had acceded to ILO Convention 138 regarding the minimum age for employment; and that the Convention had been translated into Maltese.
It noted that the country's reservation to article 26 of the Convention could have an adverse effect on the existing levels of social services for children and recommended that the reservation be reviewed with an eye to withdrawing it. The Committee also recommended, among other things, that Malta continue taking measures to incorporate the standards of the Convention into domestic law and expedite enactment of a consolidated law on child rights; that it continue efforts to coordinate implementation of the Convention; that it establish an independent body, such as an office of an Ombudsman, to monitor implementation and to receive and address complaints of violations of child rights; that it continue steps to improve data collection; and that it ensure appropriate distribution of resources for programmes aimed at helping children.
The Committee recommended that Malta undertake systematic training in child rights of professionals working with children; that it review legislation on the minimum legal ages for criminal responsibility and access to medical counselling without parental consent, as the current legal age for criminal responsibility of 9 was too low, and the current minimum for medical counselling without parental consent was 18, which could impede the access of adolescents to counselling and treatment. It recommended that the terms "illegitimate child" and "natural child" be removed from domestic legislation and that effective measures be taken to prevent and combat acts of racial discrimination against children belonging to immigrant families in irregular situations; that corporal punishment be explicitly prohibited in the home, as well as in schools, and that such a prohibition be enforced; that legislation on adoption be brought into conformity with international standards; and that programmes be established to prevent and combat child abuse, as the Committee was concerned over the limited available information on the scope of child abuse.
The Committee recommended that effective measures be taken to increase and promote breast-feeding, to address child obesity, and to promote healthy lifestyles among children; that alternative measures to implemented to prevent the institutionalization of children with disabilities; that adolescent-friendly health policies and reproductive health education and counselling services be set up, as the Committee was concerned at the increasing rate of teenage pregnancy and at insufficient attention given to adolescent mental health; that the educational programme's quality and relevance be strengthened, as there was concern over issues of illiteracy, absenteeism, and bullying in schools; that additional measures be implemented to encourage children to stay in school; that suitable legislation be enacted on asylum procedures and family reunification of refugees; that child labour laws be fully enforced, as the Committee was concerned at reports of underage employment; that a national study be performed on the nature and extent of commercial sexual exploitation of children, as the Committee was concerned at insufficient data and awareness of such problems; and that legislation be reformed to raise the minimum age of criminal responsibility, to eliminate the assumption that a child aged 9 to 14 could act with "mischievous intent", and to ensure that the juvenile-justice system covered all persons under age 18.
The Committee cited among positive developments in Suriname the enactment of legislation to facilitate implementation of the Convention, including laws eliminating discrimination against children born out of wedlock; establishment of a Steering Committee on Youth; and establishment of a National Youth Council.
It acknowledged that economic and social difficulties were impeding implementation of the Convention, as was a structural-adjustment programme, which had led to increasing levels of unemployment and poverty; it also acknowledged the tactical difficulties of serving children living in isolated communities in the country's interior.
The Committee recommended, among other things, that laws be brought into conformity with the Convention; that an existing Governmental mechanism or a new one be established with adequate powers to coordinate and monitor implementation of the Convention, especially as the former National Commission on the Rights of the Child had been dissolved; that data collection be improved; that an independent mechanism be set up through which complaints of violations of child rights could be heard and addressed; that budgetary allocations be prioritized to ensure funds for child-related programmes to the maximum extent of available resources; that the age of criminal responsibility to raised to a more internationally acceptable standard from its current level of 10 years, which was too low; and that legislation be reviewed to bring minimum legal ages for marriage into conformity with the Convention, as the Committee was concerned that the current minimum of 15 years for girls under the Civil Code and 13 under the Asian Marriage Act encouraged early and forced marriages of girls, particularly of those living in the interior, that the minimum age of 15 for boys under the Asian Marriage Act also was too low, and that the minimum ages were not the same for both sexes.
The Committee recommended that the legal maximum age for compulsory education be increased from 12 to at least 14; that non-discrimination standards be strengthened, as concern was felt over discrimination against children living in the interior, especially girls, children living in institutions, children with disabilities, children of single-parent families, children living in poor urban communities, especially boys, children in conflict with the law, street children, and minority and indigenous children; that the Government ensure that all children were registered at birth; that greater efforts be made to prevent police brutality and to sanction perpetrators, as concern was felt over incidences of such brutality and inadequate enforcement of laws prohibiting it; that adoption of a code of standards for alternative-care institutions be expedited; that foster-care programmes be effectively monitored; that studies be undertaken of domestic violence, ill-treatment and abuse and that measures be taken to introduce mandatory reporting of abuse of children, including sexual abuse, as the Committee was concerned over the lack of awareness and information on such matters; and that legislation be passed prohibiting all forms of physical and mental violence, including corporal punishment, as the Committee noted that such punishment continued to be practiced in schools, families, and care institutions.
The Committee recommended that adequate resources and policies be provided to improve the health situation of children, especially those living in the interior; that more assistance and support be provided to poor families to guarantee children an adequate standard of living; that street children be provided with identity documents, nutrition, clothing and housing; that adequate resources be allocated to improve the situation of education in the country and to ensure that all children had access to education, especially children living in the interior, girls in rural regions and boys in urban centres; that monitoring mechanisms be set up to ensure enforcement of labour laws and protection of children from economic exploitation; that children be protected from the illicit use of alcohol, narcotic drugs and pschotropic substances, and that they be protected from being used in the illicit production and trafficking of such substances, as the Committee was concerned with the high incidence of drug, alcohol, and substance abuse among youth; and that studies and steps be undertaken to determine the scope of child commercial sexual exploitation and to prevent and combat such crimes, as the Committee was concerned over the increasing number of child victims.
The Committee, while noting the completion of a study on juvenile justice, recommended that Suriname take measures to implement a juvenile-justice system in conformity with the Convention; that it use deprivation of liberty only as a last resort and for the shortest possible period of time; that it introduce training on relevant standards for all professionals involved with the administration of juvenile justice; and that it consider receiving international technical assistance in the field.
The Committee said positive developments in Djibouti included early ratification of the Convention; adoption of several new initiatives with regard to children, including establishment of an inter-sectoral Committee under the patronage of the Prime Minister to ensure follow-up to the World Summit for Children; and a recent amendment to the Penal Code setting severe sanctions for the practice of female genital mutilation.
The Committee acknowledged that regional conflicts leading to a large influx of refugees and a civil war which ended in 1994, along with continuing violence in the north of the country, were impeding implementation of the Convention, as was the lack of ratification of most international human-rights instruments. Noting the universal values of equality and tolerance inherent in Islam, the Committee observed that the contradictions that could arise between narrow interpretations of Islamic texts (and traditional law) and the provisions of civil law could sometimes impede the enjoyment of some rights protected under the Convention.
The Committee recommended, among other things, that Djibouti consider reviewing its general declaration made on ratification of the Convention, which was broad and imprecise, amounted to a reservation, and raised concerns as to its compatibility with the object and purpose of the Convention. The Committee recommended that Djibouti consider the ratification of other international human-rights instruments; that it adjust legislation to harmonize different jurisdictions of traditional, Islamic, and civil law, as the Committee was concerned that no systematic review had been undertaken and that no study had been made of the compatibility of the various systems with the standards of the Convention; that a coordinating mechanism be established to oversee the implementation of child rights and that an independent mechanism be considered to monitor progress and to field complaints of violations of child rights; and that a data-collection system be set up.
The Committee recommended that budget allocations be prioritized to ensure implementation of child rights to the maximum extent of available resources; that international assistance be sought to augment implementation of the Convention in light of the country's limited resources; that efforts be continued to increase the legal minimum age of marriage for girls to ensure non-discrimination in this regard, as the current traditional practice considered it acceptable for girls to marry at 15, while the minimum for boys was 18; that greater efforts be made to prevent discrimination which continued to occur against vulnerable children, including girls, refugees, and those from different ethnic groups; that systematic birth registration be practiced for all children born within the national territory; and that efforts be made to promote the sharing of parental responsibility, discourage the practice of polygamy, and ensure adequate protection of children from abuse and neglect, as the Committee was concerned about the impact of gender discrimination on the sharing of parental responsibility and on the quality of the family environment, as well as the negative impact on children of the continuing practice of polygamy.
The Committee recommended that steps be taken to provide protection and assistance to children deprived of family environments; that efforts be made to ensure that adoptions complied with international standards; that programmes be established for children with disabilities, that such children actively be included in society, and that an assessment be made of the number of children with disabilities and their types; that efforts be increased to strengthen data collection on child health, to improve disease surveillance, to ensure equitable access to health services, to increase vaccination coverage, and to address social factors preventing vulnerable groups (including women and children) from seeking health care; that in following up legislation prohibiting female genital mutilation the Government take further measures to eradicate the practice and to change cultural attitudes towards it; and that the Government address the sexual and reproductive-health needs of older children, including those married at a young age and those in vulnerable situations, as the Committee was concerned about the exposure of older children to sexual exploitation and to sexually transmitted diseases, including HIV/AIDS.
The Committee recommended that Djibouti continue efforts to promote school attendance, particularly among girls and refugee children, and that the educational system be strengthened, if necessary by seeking further international assistance, as concern was felt over low rates of school enrollment and attendance and high drop-out and illiteracy rates; that every effort be made to implement the rights of refugee children; that de-mining of areas affected by conflict be carried out, including with international assistance; that urgent efforts be taken to monitor and address problems of child labour, as the Committee was concerned at the apparent increase in child labour; and that all appropriate measures be taken to prevent child involvement in the production, trafficking and consumption of "khat" and other psychotropic drugs, as the Committee was concerned over high and increasing child involvement with production and use of such drugs.
The Committee recommended that a study be undertaken and steps taken to prevent and combat sexual exploitation of children, and to avoid criminalization of child victims, as the Committee was concerned about the high and apparently increasing incidence of prostitution involving children, particularly girls; that information be gathered on the number and legal situation of children in detention; that legislation be enforced ensuring that imprisonment of children was a measure of last resort; that the juvenile-justice system be brought into full compliance with international standards; and that international technical assistance be sought for reforms to the juvenile-justice system.
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), JudithKarp (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.
* *** *
24th Session
2 June 2000
ROUND-UP
Issues Final Conclusions and Recommendations on Reports
of Iran, Georgia, Jordan, Norway, Kyrgyzstan, Cambodia,
Malta, Suriname, and Djibouti
The Committee on the Rights of the Child completed today its three-week spring session, issuing conclusions and recommendations on reports submitted to it by Iran, Georgia, Jordan, Norway, Kyrgyzstan, Cambodia, Malta, Suriname, and Djibouti.
The nine countries, in keeping with their obligations as State 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 cited among positive developments in Iran a Constitutional provision that free education must be provided for all up to secondary school; and the country's fast and generally effective assistance, despite limited international help, to the world's largest refugee population. It recommended, among other things, that Iran take all necessary steps to end imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law, and of such punishments as amputation, flogging, and stoning to persons who might have committed crimes while under age 18.
It noted as positive that Georgia had passed a National Ombudsman Act and acts on education, adoption, and criminal and civil procedures. It recommended, among other things, that Georgia take measures to prohibit all forms of physical and mental violence against children, including corporal punishment.
It cited among positive developments in Jordan the establishment of a National Committee for Human Rights. It urged the country, among other things, to raise the age of criminal responsibility and the minimum age of marriage, and to make the age of marriage the same for boys and girls.
The Committee said positive aspects of the situation in Norway included the effective and independent role of the Norwegian Office of the Ombudsperson for children. It recommended that Norway, among other things, continue efforts to confront a rise in violent acts in society, particularly among young people.
It cited as positive in Kyrgyzstan's report the adoption of a 1998 Law on the Protection of Minors' Rights. Among its recommendations were that the country take steps to prevent ill-treatment of persons under age 18 by the militia.
The Committee cited among positive developments in Cambodia the ratification of the six major international human-rights instruments. It recommended that Cambodia, among other things, ensure the identification, demobilization and psychological rehabilitation of child soldiers and that it increase budget allocations for removing anti-personnel landmines.
It noted among positive developments in Malta that the country had become a State party to the main human-rights instruments and that it had acceded to ILO Convention 138 regarding the minimum age for employment. It recommended that Malta, among other things, raise the minimum age of criminal responsibility, eliminate the assumption that a child aged 9 to 14 could act with "mischievous intent", and ensure that the juvenile-justice system covered all persons under age 18.
The Committee cited among positive developments in Suriname the establishment of a Steering Committee on Youth and a National Youth Council. It urged Suriname, among other things, to raise the minimum ages of criminal responsibility and marriage.
The Committee said positive developments in Djibouti included a recent amendment to the Penal Code setting severe sanctions for the practice of female genital mutilation. Among its recommendations were that Djibouti promote the sharing of parental responsibility, discourage the practice of polygamy, and ensure adequate protection of children from abuse and neglect.
The Committee's next session, its twenty-fifth, will be held from 18 September to 6 October. It will consider reports from Burundi, the Marshall Islands, the Comores, Slovakia, Tadjikistan, Central African Republic, the United Kingdom, Finland, and Colombia.
The Committee also decided to hold during the session a day of special debate on the subject of violence against women, and to hold a similar one-day debate during its fall 2001 session.
Conclusions and recommendations on country reports
The Committee noted as positive in the report of Iran the country's achievement of most of the year 2000 goals of the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s; Iran's Constitutional provision that free education must be provided for all up to secondary school, and its 90 per cent rate of primary school attendance; and its fast and generally effective assistance, despite limited international help, to the world's largest refugee population.
Noting the universal values of equality and tolerance inherent in Islam, the Committee observed that narrow interpretations of Islamic texts by State authorities were impeding the enjoyment of many human rights protected under the Convention.
Citing concern over the broad and imprecise nature of Iran's general reservation to the Convention, which potentially negated many of the Convention's provisions, the Committee recommended that Iran study the matter with an eye to narrowing the scope of the reservation and, in the long term, withdrawing it. Citing concern over a lack of coordination in implementing the Convention, the Committee recommended that a national plan of action be adopted for that purpose, with focus on coordination between national and local levels of government. The Committee also encouraged Iran to establish an independent institution to monitor implementation of the Convention and to receive and address complaints of violations of child rights.
The Committee expressed concern that Note 1 of article 1212 of the Civil Code and Note 1 of article 49 of the Islamic Penal Law provided for attainment of majority at predefined ages of puberty, which meant that there could be arbitrary and disparate applications of law and discrimination between boys and girls with respect to legal capacity; it recommended that minimum age requirements be made to conform with the Convention, in particular that they be made gender-neutral, and that they be enforced. The Committee recommended measures to prevent and eliminate legal discrimination on grounds of sex and birth; that discriminatory laws be rescinded; that Iran study the practice of other States that had successfully reconciled fundamental rights with Islamic texts; and that public-education campaigns be carried out, with the involvement of religious leaders, to prevent and combat discriminatory social attitudes. Citing concern at disparaties in the enjoyment of rights in provinces inhabited largely by ethnic minorities, the Committee recommended the equal provision of all rights in the Convention to all children in the country.
The Committee noted serious concern that under article 220 of the Penal Law, a man who killed his own child or his son's child was subject only to discretionary punishment and the payment of blood money. It recommended that such crimes not be subject to discriminatory treatment and that there be prompt and thorough investigations and prosecutions of them; it also recommended immediate abolition by law of imposition of the death penalty for crimes committed by persons when under age 18.
The Committee further recommended that Iran establish clear criteria on Islamic limitations on freedoms of expression and assembly and that the Government consider appropriate means to for protecting public morals while still safeguarding those rights; that steps be taken to eliminate discrimination on grounds of religion; that all necessary steps be taken to end imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law, and of such punishments as amputation, flogging, stoning and other forms of cruel, inhuman or degrading punishment to persons who might have committed crimes while under age 18; that measures be enacted to prohibit all forms of physical and mental violence against children in the family and in schools; that disabled children be ensured of all rights under the Convention; that a comprehensive study be undertaken of adolescent health problems; that street children be provided with identity documents, nutrition, clothing, and housing; that educational policy be made to reflect the aims of the Convention; that the rights of stateless, asylum-seeking, and refugee children be fully respected; that the age of compulsory education be raised to match the minimum age for employment, as concern was felt over the extent of child labour, especially in the informal sector; and that a system of juvenile justice be established in conformity with the standards of the Convention.
The Committee cited as positive in the report of Georgia the adoption of a new Constitution which guaranteed universally recognized rights and freedoms; enactment of a National Ombudsman Act and acts on education, adoption, and criminal and civil procedures; and creation of a Parliamentary Subcommittee on Mother and Child Affairs, along with establishment of an Office of the Public Defender to examine complaints of violations of human rights, including the creation of the post of a Commissioner for the rights of women and children.
The Committee noted that the country had economic and social difficulties resulting from its status as a "transition economy" and from the impact of a structural-adjustment programme and high levels of unemployment and poverty which impeded implementation of programmes and services for children, especially in conflict zones.
The Committee recommended, among other things, that the Georgian Government reinforce efforts to bring laws into conformity with the Convention; that it consider enacting a comprehensive code for children; that it adopt a comprehensive national plan of action to implement the Convention; that it pay particular attention to prioritizing budgetary allocations on behalf of children, especially as concern was felt over widespread practices of tax evasion and the high level of corruption in the country, which were cutting into the nation's limited resources; that legislation be passed concerning appropriate legal ages for sexual consent and medical treatment without parental consent; and that efforts be increased to ensure non-discrimination in child rights.
The Committee also recommended that legislation be amended to allow youth to join political parties and to fully enjoy the right to freedom of association; that a code be adopted for protection of children deprived of a family environment; that proper monitoring procedures be introduced for domestic and intercountry adoptions; that high and increasing incidences of abuse of children, including sexual abuse, be addressed, that studies be undertaken on domestic violence and related problems, that a mandatory system for reporting of abuse be set up, and that cases of domestic violence, ill-treatment and abuse of children be properly investigated; and that all measures be taken to discourage the neglect and abandonment of children.
The Committee recommended that measures be taken to prohibit all forms of physical and mental violence, including corporal punishment; that sufficient resources be found to implement the country's National Health Policy along with new measures for children living in mountainous regions and conflict zones; that all appropriate steps be taken and resources found for effective implementation of programmes for disabled children; that more resources be found to help economically disadvantaged families so that children could be ensured an adequate standard of living; that all appropriate measures be taken to improve the situation of education and to ensure that all children had access to education; that all necessary steps be taken to protect the rights of refugee, asylum-seeking, and unaccompanied children; that all appropriate measures be taken to ensure the protection and care of children affected by armed conflict; that landmines be cleared; that the Georgian Government consider ratifying International Labour Office (ILO) Convention No. 182 on elimination of the worst forms of child labour; that street children be provided with identity documents, nutrition, clothing, and housing; that more be done for the increasing numbers of child victims of commercial sexual exploitation; and that deprivation of liberty of children be used only as a measure of last resort and for the shortest possible period of time, and that such children remain in contact with their families.
The Committee noted its approval of progress made by Jordan in achieving most of the year 2000 goals laid down by the World Declaration on the Survival, Protection and Development of Children in the 1990s; the establishment of a National Committee for Human Rights; the country's ratification of major human-rights instruments; and the fact that the country hosted a large refugee population.
It said country's economy and economic reforms, population pressures, and a severe drought, were factors impeding implementation of the Convention. Noting the universal values of equality and tolerance inherent in Islam, the Committee observed that narrow interpretations of Islamic texts by authorities, particularly in areas relating to family law, were impeding the enjoyment of some rights protected under the Convention.
The Committee recommended, among other things, that Jordan withdraw its reservations to articles 20 and 21 of the Convention; and, noting that the "broad and imprecise nature" of Jordan's reservation to article 14 gave rise to infringements on freedom of thought, conscience, and religion, and raised questions of its compatibility with the object and purpose of the Convention, recommended that Jordan consider narrowing the reservation, and, in the long term, withdrawing it.
It recommended that Jordan expedite publication of the Convention in the Official Gazette and take action to make it enforceable in the courts; that it ensure that a draft Childhood Act conformed with the Convention and that its passage was expedited; that Jordan adopt a comprehensive national plan of action to implement the Convention; and that it establish a relevant institution to monitor implementation of the Convention and to receive and address complaints of violations of child rights.
The Committee recommended that Jordan assess the impact of budgetary allocations on child rights and ensure adequate distribution of resources; that, given a "very low" age of criminal responsibility of 7 years and existing ages of marriage of 15 years for girls and 16 for boys, which were "too low" and discriminatory, the Government review legislation to make minimum-age requirements conform to the principles of the Convention, including by making them gender-neutral; that effective measures be taken to eliminate discrimination on grounds of sex and birth, as currently discrimination existed against girls and children born out of wedlock, and that there were discriminatory social attitudes towards the education of girls, primarily in rural areas; and that social services for children belonging to the most vulnerable groups be targeted and prioritized.
The Committee recommended that Jordan take all necessary measures to eradicate "crimes of honour", ensure that there was no discriminatory treatment for such crimes, and ensure prompt and thorough investigations and prosecutions; that measures be taken to prohibit all forms of physical and mental violence, including punishment and sexual abuse, against children in the family and schools, that non-violent forms of discipline be promoted as an alternative to corporal punishment, and that the Government's Family Protection Unit be adequately resourced; that international standards be met on the care offered to children with disabilities; that vulnerable groups, such as children living in desert regions, be assured of sufficient health services; that a study be undertaken of the nature and extent of adolescent health problems; and that measures be taken to combat damaging effects on children of environmental pollution and contamination of water supplies.
The Committee recommended that the crimes of vagrancy and begging be repealed and that children engaged in those activities be provided with identity documents, nutrition, clothing, and housing; that educational resources, infrastructure, and teachers' salaries be improved; that special measures be adopted to deal with unaccompanied children; that the Jordanian Labour Law be amended to protect children working in family enterprises, agricultural activities and domestic labour; that a study be made of the nature and extent of commercial sexual exploitation of children; and that such abuse and exploitation be thoroughly criminalized.
The Committee commended Norway, among other things, for the positive and independent role of its Office of the Ombudsperson for children, for withdrawal of Norway's former reservation to article 40 (2) (b) (v) of the Convention, for increases in budgetary resources for child-welfare programmes, and for efforts to combat trends towards intolerance against foreigners and to address issues of racism and xenophobia.
The Committee recommended, among other things, that Norway consider incorporating the Convention into domestic legislation; that it evaluate implementation of all aspects of the Convention by municipal authorities and that efforts be made to ensure equal treatment of children throughout the country, and that allocations of resources to municipalities reflect standards of equal treatment and provision of the same standard of services to children; that a new school curriculum on "religions, knowledge, and ethical education" , and a process of exemptions for children whose parents did not want them to participate, be reviewed, as it could be discriminatory; that efforts be continued to confront a rise in violent acts in society and particularly among young people; that the Government be more flexible in its application of family contact rules for imprisoned parents and that it review the process through which it made deportation decision to ensure that the best interests of children were taken into account in situations where deportation might separate parents from their children; and that children and other concerned persons be fully informed of family reunification policies and procedures relating to non-Norwegian children.
The Committee also recommended that factors leading to placement of children outside their parental homes and a practice of informal placements be carefully analyzed, and measures taken to ensure the right of children to family life; that efforts be made to address malnutrition, a high incidence of anorexia nervosa and bulimia among adolescents, suicide by children, especially boys, and a prevalence of alcohol consumption among adolescents; and that the Government continue steps to ensure that children with disabilities were able to share their time with other children.
In addition, the Committee said possible negative impacts for children of low teacher salaries should be studied; that the Government should explore means of making formal education more accessible to Roma and other children who travelled for part of the year; that the procedure for review of applications for asylum from children be reviewed and shortened; that the best interests of the child be a primary consideration during juvenile-justice proceedings; that efforts be continued to prevent and address cases of sexual abuse, including through an increase in resources available; that efforts be made to provide more timely access for children to mental-health services; and that a shortage of psychiatrists and psychologists be addressed.
The Committee cited as positive in the report of Kyrgyzstan the adoption of a 1998 Law on the Protection of Minors' Rights, adoption of numerous legislative and administrative measures on child rights, and the ratification by Kyrgyzstan of six major international human-rights instruments.
The Committee noted that the country's transition to a market economy, which had led to serious economic, social and political challenges, was a factor impeding implementation of the Convention, especially for the most vulnerable segments of society.
The Committee recommended, among other things, that Government resources for children reach the most vulnerable groups; that a systematic approach be taken to involve civil society in the enhancement of child rights; that relevant disaggregated data on children be collected and analyzed; that an independent institution be established to monitor implementation of the Convention and to receive and respond to complaints of violations of child rights; that legislation affecting persons under age 18 be made consistent with the new Law on the Protection of Minors' Rights; and that a system of residence registration be reviewed to ensure it did not interfere with children's right to freedom of movement.
The Committee recommended that Kyrgyzstan make greater efforts to ensure free and timely registration of all births; that regulations restricting persons under 18 in their freedom of association be limited to reflect international standards; and that effective measures be taken to reduce and prevent the abandonment of children. Citing concern over numerous and continuing reports of ill-treatment of persons under age 18 by the militia, the Committee called for all necessary steps to prevent such abuse; citing concern that ill-treatment of children occurred in families, institutions and schools, it called on the Government to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children; concerned by a deterioration in the health of the most vulnerable groups in the country and an increase in communicable diseases, including vaccine-preventable diseases, and an increase in childhood malnutrition, the Committee recommended that adequate resources be given to primary health care, especially for the most vulnerable groups; and concerned at a high and increasing rate of teenage pregnancies, it called for a comprehensive study of the matter and of other adolescent health problems, and the subsequent development of an adolescent health policy.
The Committee also called, among other things, for sufficient resources to implement Kyrgyzstan's Education for All Strategic Programme; for enforcement of minimum-age requirements for employment and a national survey on the nature and extent of child labour; for a national survey on substance abuse; for a survey of commercial sexual exploitation of children and a review of legislation to ensure that such exploitation was sufficiently criminalized; and for steps to fully meet international standards related to juvenile justice systems. In addition, the Committee called for attention to the problems of disabled children, environmental degradation, homeless and street children, and asylum policy.
The Committee said positive developments in Cambodia included ratification of the six major international human-rights instruments; the inclusion within Cambodia's 1993 Constitution of the rights enshrined in the Convention; and the pursuit of technical cooperation with the Office of the High Commissioner for Human Rights.
The Committee noted with concern that the legacy of more than 20 years of genocide, armed conflict and political instability, the isolation suffered by the country for many years, and its very difficult socio-economic situation were factors impeding implementation of the Convention.
The Committee recommended, among other things, that laws be reviewed to ensure conformity with the Convention; that special attention be paid to legislation relating to birth registration, family and alternative care, and juvenile justice; that the role of the Cambodian National Council for Children (CNCC) be strengthened to ensure coordination in the implementation of the Convention; that the Government consider establishing an independent body to monitor implementation and to receive and deal with complaints of violations of child rights; that data collection on child rights be further developed and strengthened; and that resources for child health, education and social services be provided to the maximum extent of available resources.
The Committee recommended that programmes be continued to train all professionals working with children in the standards of the Convention; that legislation be drafted reflecting the Convention's standards for minimum ages for criminal responsibility and sexual consent, as such limits currently were lacking; that effective measures to taken to eliminate discrimination against girls, in particular in terms of access to education; that discrimination be eliminated in the treatment of street children and minority children, especially children of Vietnamese origin; that birth registration be compulsory for all children without discrimination, including for children of non-Khmer citizens and refugee children born in Cambodia; and that the Law on Nationality be reviewed to eliminate all grounds of possible discrimination and to eradicate and prevent statelessness of children.
The Committee recommended that Cambodia enact legislation to protect children from harmful information, including films containing brutal violence and pornography; that the family be promoted as the best environment for the child so as to empower parents to take care of their children and avoid their placement in child-welfare centres, as there was concern at the prevalence of such placements; that social services be strengthened and expanded to a larger number of children, in particular to orphans due to the HIV/AIDS epidemic; and that legislation on adoption be brought into line with international standards.
The Committee recommended that effective measures be taken to prevent and combat child abuse and ill-treatment of children within the family, at school, and in society at large, as concern was felt at the scope and harmful consequences of such abuse, including sexual abuse; that a multi-sectoral approach be taken to address the issue of childhood morbidity and mortality, as concern was felt that rates of infant and under-five mortality remained among the highest in the region; that the Government continue taking measures to prevent HIV/AIDS, as the Committee felt deep concern that Cambodia had the fastest-growing rate of the disease in the region and that children were among the most affected groups; that early identification programmes and other steps be taken to prevent disabilities and to care for children with disabilities, if possible without institutionalization; that access to health care and medicines be improved, especially for poor and marginalized children; and that a study be carried out of the scope of adolescent health problems.
The Committee recommended that Cambodia continue measures to make primary education free and compulsory for all children and to increase enrollment rates and decrease drop-out rates; that access to schools be improved for poor children, girls, minority children, and rural children; that legislation be introduced to protect effectively the rights of refugee children; that the Government ensure the identification, demobilization and psychological rehabilitation of child soldiers and that it increase budget allocations for de-mining; that it enforce the provisions of its Labour Law regarding the minimum age of employment, as the Committee was concerned over the large number of children working, including in the informal sector; that legislation to combat sexual exploitation be reviewed and reinforced, as the Committee was concerned at the widespread phenomena of child prostitution, sale and trafficking of children; and that Cambodia establish a juvenile justice system in accordance with international standards.
The Committee cited as positive in the report of Malta that the country had become a State party to the main human rights instruments; that it had acceded to ILO Convention 138 regarding the minimum age for employment; and that the Convention had been translated into Maltese.
It noted that the country's reservation to article 26 of the Convention could have an adverse effect on the existing levels of social services for children and recommended that the reservation be reviewed with an eye to withdrawing it. The Committee also recommended, among other things, that Malta continue taking measures to incorporate the standards of the Convention into domestic law and expedite enactment of a consolidated law on child rights; that it continue efforts to coordinate implementation of the Convention; that it establish an independent body, such as an office of an Ombudsman, to monitor implementation and to receive and address complaints of violations of child rights; that it continue steps to improve data collection; and that it ensure appropriate distribution of resources for programmes aimed at helping children.
The Committee recommended that Malta undertake systematic training in child rights of professionals working with children; that it review legislation on the minimum legal ages for criminal responsibility and access to medical counselling without parental consent, as the current legal age for criminal responsibility of 9 was too low, and the current minimum for medical counselling without parental consent was 18, which could impede the access of adolescents to counselling and treatment. It recommended that the terms "illegitimate child" and "natural child" be removed from domestic legislation and that effective measures be taken to prevent and combat acts of racial discrimination against children belonging to immigrant families in irregular situations; that corporal punishment be explicitly prohibited in the home, as well as in schools, and that such a prohibition be enforced; that legislation on adoption be brought into conformity with international standards; and that programmes be established to prevent and combat child abuse, as the Committee was concerned over the limited available information on the scope of child abuse.
The Committee recommended that effective measures be taken to increase and promote breast-feeding, to address child obesity, and to promote healthy lifestyles among children; that alternative measures to implemented to prevent the institutionalization of children with disabilities; that adolescent-friendly health policies and reproductive health education and counselling services be set up, as the Committee was concerned at the increasing rate of teenage pregnancy and at insufficient attention given to adolescent mental health; that the educational programme's quality and relevance be strengthened, as there was concern over issues of illiteracy, absenteeism, and bullying in schools; that additional measures be implemented to encourage children to stay in school; that suitable legislation be enacted on asylum procedures and family reunification of refugees; that child labour laws be fully enforced, as the Committee was concerned at reports of underage employment; that a national study be performed on the nature and extent of commercial sexual exploitation of children, as the Committee was concerned at insufficient data and awareness of such problems; and that legislation be reformed to raise the minimum age of criminal responsibility, to eliminate the assumption that a child aged 9 to 14 could act with "mischievous intent", and to ensure that the juvenile-justice system covered all persons under age 18.
The Committee cited among positive developments in Suriname the enactment of legislation to facilitate implementation of the Convention, including laws eliminating discrimination against children born out of wedlock; establishment of a Steering Committee on Youth; and establishment of a National Youth Council.
It acknowledged that economic and social difficulties were impeding implementation of the Convention, as was a structural-adjustment programme, which had led to increasing levels of unemployment and poverty; it also acknowledged the tactical difficulties of serving children living in isolated communities in the country's interior.
The Committee recommended, among other things, that laws be brought into conformity with the Convention; that an existing Governmental mechanism or a new one be established with adequate powers to coordinate and monitor implementation of the Convention, especially as the former National Commission on the Rights of the Child had been dissolved; that data collection be improved; that an independent mechanism be set up through which complaints of violations of child rights could be heard and addressed; that budgetary allocations be prioritized to ensure funds for child-related programmes to the maximum extent of available resources; that the age of criminal responsibility to raised to a more internationally acceptable standard from its current level of 10 years, which was too low; and that legislation be reviewed to bring minimum legal ages for marriage into conformity with the Convention, as the Committee was concerned that the current minimum of 15 years for girls under the Civil Code and 13 under the Asian Marriage Act encouraged early and forced marriages of girls, particularly of those living in the interior, that the minimum age of 15 for boys under the Asian Marriage Act also was too low, and that the minimum ages were not the same for both sexes.
The Committee recommended that the legal maximum age for compulsory education be increased from 12 to at least 14; that non-discrimination standards be strengthened, as concern was felt over discrimination against children living in the interior, especially girls, children living in institutions, children with disabilities, children of single-parent families, children living in poor urban communities, especially boys, children in conflict with the law, street children, and minority and indigenous children; that the Government ensure that all children were registered at birth; that greater efforts be made to prevent police brutality and to sanction perpetrators, as concern was felt over incidences of such brutality and inadequate enforcement of laws prohibiting it; that adoption of a code of standards for alternative-care institutions be expedited; that foster-care programmes be effectively monitored; that studies be undertaken of domestic violence, ill-treatment and abuse and that measures be taken to introduce mandatory reporting of abuse of children, including sexual abuse, as the Committee was concerned over the lack of awareness and information on such matters; and that legislation be passed prohibiting all forms of physical and mental violence, including corporal punishment, as the Committee noted that such punishment continued to be practiced in schools, families, and care institutions.
The Committee recommended that adequate resources and policies be provided to improve the health situation of children, especially those living in the interior; that more assistance and support be provided to poor families to guarantee children an adequate standard of living; that street children be provided with identity documents, nutrition, clothing and housing; that adequate resources be allocated to improve the situation of education in the country and to ensure that all children had access to education, especially children living in the interior, girls in rural regions and boys in urban centres; that monitoring mechanisms be set up to ensure enforcement of labour laws and protection of children from economic exploitation; that children be protected from the illicit use of alcohol, narcotic drugs and pschotropic substances, and that they be protected from being used in the illicit production and trafficking of such substances, as the Committee was concerned with the high incidence of drug, alcohol, and substance abuse among youth; and that studies and steps be undertaken to determine the scope of child commercial sexual exploitation and to prevent and combat such crimes, as the Committee was concerned over the increasing number of child victims.
The Committee, while noting the completion of a study on juvenile justice, recommended that Suriname take measures to implement a juvenile-justice system in conformity with the Convention; that it use deprivation of liberty only as a last resort and for the shortest possible period of time; that it introduce training on relevant standards for all professionals involved with the administration of juvenile justice; and that it consider receiving international technical assistance in the field.
The Committee said positive developments in Djibouti included early ratification of the Convention; adoption of several new initiatives with regard to children, including establishment of an inter-sectoral Committee under the patronage of the Prime Minister to ensure follow-up to the World Summit for Children; and a recent amendment to the Penal Code setting severe sanctions for the practice of female genital mutilation.
The Committee acknowledged that regional conflicts leading to a large influx of refugees and a civil war which ended in 1994, along with continuing violence in the north of the country, were impeding implementation of the Convention, as was the lack of ratification of most international human-rights instruments. Noting the universal values of equality and tolerance inherent in Islam, the Committee observed that the contradictions that could arise between narrow interpretations of Islamic texts (and traditional law) and the provisions of civil law could sometimes impede the enjoyment of some rights protected under the Convention.
The Committee recommended, among other things, that Djibouti consider reviewing its general declaration made on ratification of the Convention, which was broad and imprecise, amounted to a reservation, and raised concerns as to its compatibility with the object and purpose of the Convention. The Committee recommended that Djibouti consider the ratification of other international human-rights instruments; that it adjust legislation to harmonize different jurisdictions of traditional, Islamic, and civil law, as the Committee was concerned that no systematic review had been undertaken and that no study had been made of the compatibility of the various systems with the standards of the Convention; that a coordinating mechanism be established to oversee the implementation of child rights and that an independent mechanism be considered to monitor progress and to field complaints of violations of child rights; and that a data-collection system be set up.
The Committee recommended that budget allocations be prioritized to ensure implementation of child rights to the maximum extent of available resources; that international assistance be sought to augment implementation of the Convention in light of the country's limited resources; that efforts be continued to increase the legal minimum age of marriage for girls to ensure non-discrimination in this regard, as the current traditional practice considered it acceptable for girls to marry at 15, while the minimum for boys was 18; that greater efforts be made to prevent discrimination which continued to occur against vulnerable children, including girls, refugees, and those from different ethnic groups; that systematic birth registration be practiced for all children born within the national territory; and that efforts be made to promote the sharing of parental responsibility, discourage the practice of polygamy, and ensure adequate protection of children from abuse and neglect, as the Committee was concerned about the impact of gender discrimination on the sharing of parental responsibility and on the quality of the family environment, as well as the negative impact on children of the continuing practice of polygamy.
The Committee recommended that steps be taken to provide protection and assistance to children deprived of family environments; that efforts be made to ensure that adoptions complied with international standards; that programmes be established for children with disabilities, that such children actively be included in society, and that an assessment be made of the number of children with disabilities and their types; that efforts be increased to strengthen data collection on child health, to improve disease surveillance, to ensure equitable access to health services, to increase vaccination coverage, and to address social factors preventing vulnerable groups (including women and children) from seeking health care; that in following up legislation prohibiting female genital mutilation the Government take further measures to eradicate the practice and to change cultural attitudes towards it; and that the Government address the sexual and reproductive-health needs of older children, including those married at a young age and those in vulnerable situations, as the Committee was concerned about the exposure of older children to sexual exploitation and to sexually transmitted diseases, including HIV/AIDS.
The Committee recommended that Djibouti continue efforts to promote school attendance, particularly among girls and refugee children, and that the educational system be strengthened, if necessary by seeking further international assistance, as concern was felt over low rates of school enrollment and attendance and high drop-out and illiteracy rates; that every effort be made to implement the rights of refugee children; that de-mining of areas affected by conflict be carried out, including with international assistance; that urgent efforts be taken to monitor and address problems of child labour, as the Committee was concerned at the apparent increase in child labour; and that all appropriate measures be taken to prevent child involvement in the production, trafficking and consumption of "khat" and other psychotropic drugs, as the Committee was concerned over high and increasing child involvement with production and use of such drugs.
The Committee recommended that a study be undertaken and steps taken to prevent and combat sexual exploitation of children, and to avoid criminalization of child victims, as the Committee was concerned about the high and apparently increasing incidence of prostitution involving children, particularly girls; that information be gathered on the number and legal situation of children in detention; that legislation be enforced ensuring that imprisonment of children was a measure of last resort; that the juvenile-justice system be brought into full compliance with international standards; and that international technical assistance be sought for reforms to the juvenile-justice system.
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), JudithKarp (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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