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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _____________________________________________________________________ High rates of infant mortality and malnutrition UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming the information provided by the State party during the dialogue on the national programme to reduce child malnutrition and the national awareness campaign launched in March 2012 on “The new and better ways of feeding babies and children in Albanie”, the Committee is concerned over the still high infant mortality rate – largely resulting from malnutrition - which affects particularly children living in remote areas. Furthermore, the Committee is concerned by: (a) The high proportion of Roma children (almost half of them) that do not have a health card and therefore are deprived access to health services; (b) Children's access to health care being subject to their mother‟s membership in the scheme of social insurance; (c) The difficulty for children of rural and remote areas to access health care services; (d) The pervasive practice of health workers and doctors asking for informal payments which prevents children from accessing health services; (e) The fragmented organisation of maternal and child health services and the lack of proper relations between those services and early childhood care institutions; (f) The declining rate of exclusive breastfeeding; and (g) The impact on children‟s health of air pollution especially in the capital Tirana, of contamination of drinking water with pesticides and bacteriological substances and of poor food quality. The Committee urges the State party to prioritise the allocation of financial and human resources to the health sector with a special emphasis on primary health care in order to ensure equal access to quality health services by all children, including children living in remote areas and Roma children. In particular, the Committee recommends that the State party: (a) Strengthen its efforts to address child malnutrition, focusing primarily on the most disadvantaged categories of children and on nutrition education and access to quality food; (b) Ensure that all Roma children are provided with a health card and have effective and unimpeded access to health services; (c) Ensures that access to basic health care is not conditional upon the mother‟s membership in the social security schemes; (d) Take all necessary measures to counter the pervasive practice of health workers and doctors asking for informal payments; (e) Strengthen the link between maternal and child health services, including pediatric institutions and the collaboration of these services and the early childhood care institutions; (f) Strengthen its efforts to promote exclusive breastfeeding until 6 months of age by raising the awareness of health personnel and the public of the importance of exclusive breastfeeding; and (g) Take all the necessary measures to address air pollution and contamination of drinking water. (Paragraphs 60 and 61) UN Human Rights Committee The Committee is concerned about the high rate of infant mortality and of abortion and the apparent lack of family planning and social care in some parts of the State party (arts. 6, 24 and 26). The Committee urges the State party to: (a) Take steps to ensure that abortion is not used as a method of family planning and take appropriate measures to reduce infant mortality. (Paragraph 14) UN Committee on Economic, Social and Cultural Rights The Committee is concerned about the very high incidence of infant and maternal mortality, and the prevalence of illegal abortions. The Committee urges the State party to: (a) Allocate sufficient resources to ensure that reproductive health services and education, as well as adequate perinatal and postnatal healthcare services are available and fully accessible to women and girls, including those in rural areas. (Paragraphs 34 and 63) _____________________________________________________________________ Crimes committed under the guise of customary law, particularly “blood feuds” UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee is deeply concerned about the persistence of “blood feuds” resulting from the application of customary law known as “Kanun” and in particular the killing of children and the confinement of a large number of children for fear of being killed, especially in the northern areas of the State party. In that regard, the Committee expresses deep concern that in May 2012, a 14-year-old girl was killed in a “blood feud”. The Committee urges the State party to take vigorous measures to end “blood feuds” and the self-isolation of families and children, and in particular to conduct outreach to those families and to facilitate more effective forms of reconciliation by community leaders of stature as recommended by the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/17/28/Add.3 para. 70, 2011). Furthermore, the Committee urges the State party to take all necessary measures in order to investigate cases of blood feuds and ensure proper prosecution of perpetrators. (Paragraphs 31 and 32) UN Human Rights Committee While welcoming the progress made by the State party in the fight against traditional "blood feuds" and situations where potential victims, including children, do not leave their homes, the Committee is concerned about these phenomena and the lack of detailed information provided about crimes related to customary law and traditional codes (arts. 6 and 7). The Committee urges the State party to: (a) Take firm measures to eradicate crimes committed under the guise of customary law and traditional codes. (b) Investigate such crimes and prosecute and punish all the perpetrators. (Paragraph 12) UN Committee on Economic, Social and Cultural Rights The Committee also regrets the lack of specific information provided by the State party about measures taken to address the situation of children in rural areas and children prevented from attending school due to threats of "vendetta" violence. (Paragraph 38) UN Special Rapporteur on extrajudicial, summary or arbitrary executions- preliminary note on mission to Albania The situation is governed by culturally understood rules, generally derived from the kanun, as codified by Lekë Dukagjini in the fifteenth century and updated in the first half of the twentieth century by Shtjefen Gjeçov. Despite the importance of these codification efforts, the kanun is largely a set of orally transmitted customary rules, the content of which differs from region to region and over time. The shared understanding is that the killer’s family is implicated by his act, thus entitling the victim’s family to take revenge against them. Generally, it is not permitted to kill a family member in his own home or to kill women or children. Thus, when a killing occurs, the male members of the killer’s family immediately “self-isolate” and do not leave their home. This self-isolation is maintained even where there are no specific threats or assault attempts by the other family. The isolated family presumes that an attack is possible, unless the other family offers them a besa (an often limited or temporary reprieve from the threat of revenge). They often also feel that, in the absence of a besa, honour requires them to remain isolated, even where there has been no concrete threat. (Paragraph 6) There are deep discrepancies in the statistics concerning blood feuds and related killings. At one extreme, media reports have referred to hundreds of blood feud killings per year and thousands of children living in isolation. At the other extreme, according to Government statistics, such killings fell steadily from 45 in 1998 to one in 2009, while the number of isolated children ranges from 36 to 57 countrywide, of which 29 to 45 are in Shkodra. The variation depended on whether the sources were police, education or ministry officials. Families in isolation were estimated to be from 124 and 133 countrywide. (Paragraph 8) The figures used by civil society groups also vary widely. One organisation with extensive field operations notes that there have been significant reductions over the last five years and that there are currently only a few blood feud killings per year. They estimate not more than 350 families and between 80 and 100 children to be in isolation nationally. However, another prominent organisation estimates some 9,800 blood feud killings since 1991, dropping to a figure still in excess of 30 in 2009. By its calculations, there are 1,450 families and 800 children in isolation. (Paragraph 9) Thirdly, the coverage of Government programmes may be incomplete. For example, Government figures on children in isolation are based on its “Second Chance” home- schooling programme, which goes only through ninth grade. Older children are thus not covered. Similarly, a combined focus on those killed and the number of self-isolated children will go only part of the way towards capturing the overall number of people whose lives are seriously affected by blood feuds. (Paragraph 14) Important steps have been taken in the past five years to address blood feuds. The Criminal Code has been amended in important respects (minimum sentences and specific criminalisation of blood feuds and blood feud killings), specialised police units have been created, a high-level coordination committee on blood feuds was established in 2005, and the “Second Chance” programme provides home schooling for isolated children. Much more, however, could and should be done. (Paragraph 22) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee welcomes the various measures undertaken in order to combat trafficking of children, including the adoption of the National Action Plan for the Struggle against Trafficking of Children and for the Protection of Children Victims of Trafficking (2011-2013), the incorporation in the curricula of high schools of awareness-raising programs about the danger of being trafficked and the establishment of a database for the victims of trafficking. However, the Committee is seriously concerned that the State party continues to be a source country for children subjected to sex trafficking and forced labour, including forced begging within the State party and abroad. The Committee is further concerned that: (a) Roma and Egyptian minority children are over represented among children victims of trafficking; (b) The involvement of police and government officials in trafficking cases and the corruption within the judiciary hamper the overall anti-trafficking law enforcement; (c) Efficient mechanisms to protect witnesses and victims of trafficking have not been set up; and (d) The State does not financially support non-governmental organisations providing trafficking victims with shelter, care and assistance. The Committee urges the State party to take vigorous measures to end the trafficking of children within the State party and abroad. To this aim, the Committee urges the State party to: (a) Ensure that the National Action Plan for the Struggle against Trafficking of Children and for the Protection of Children Victims of Trafficking (2011-2013) addresses prevention measures targeting in particular children from Roma and Egyptian minorities; (b) Take active measures to bring to justice police and government officials involved in trafficking cases; (c) Establish a mechanism to protect victims and witnesses of trafficking; (d) Provide children victims of trafficking with shelter, psycho-social support and assistance for reintegration and consider supporting civil society organisations which already do so; and (e) Ensure that thorough investigations and robust prosecutions of persons committing these offences are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice as recommended by the ILO Committee of Experts on the Application of Conventions and Recommendations (Observation, 2010). (Paragraphs 82 and 83) The Committee reiterates its deepest concern about the high number of children living and working on the streets and that insufficient measures have been taken to address the situation of these children, who are subjected to the worst forms of exploitation, including begging in the street, extreme marginalisation, homelessness and are at risks of becoming victims of trafficking and sexual exploitation. Furthermore, the Committee is concerned that children in street situations might be treated as offenders. The Committee, in light of its previous recommendation (CRC/C/15/Add.249 para. 73, 2005) urges the State party, in collaboration with NGOs and the participation of children: (c) To set up programmes and reporting mechanisms providing children in street situations with relevant information in order to prevent them from becoming victims of trafficking and economic and sexual exploitation and to assist and advise them; (Paragraphs 80 and 81) UN Committee on the Rights of the Child (Concluding Observations on the OPSC, October 2012) See full report. UN Human Rights Committee While the Committee acknowledges that Albania's role has decreased as a transit route for trafficking in human beings and welcomes the legal and practical measures taken by the State party to address and combat trafficking in women and children originating from the country, it remains concerned about this phenomenon, about reports on the involvement of police and government officials in acts of trafficking, and about the lack of effective witness and victim protection mechanisms (arts. 8, 24 and 26). The Committee urges the State party to: (a) Continue to reinforce international cooperation as well as practical measures to combat trafficking in human beings, prosecute and punish perpetrators and combat trafficking-related corruption. (b) Provide protection to all witnesses and victims of trafficking so that they may have a place of refuge and an opportunity to give evidence against those held responsible. (Paragraph 15) While noting the policies established by the State party, the Committee is still concerned with the abuses, exploitation, maltreatment and trafficking of children, inter alia child labour, as well as with the lack of information regarding that situation in the State party (arts. 23 and 24). The Committee urges the State party to: (a) Reinforce measures to combat abuse and exploitation of children, and establish public awareness raising campaigns regarding children's rights. (Paragraph 20) UN Committee on the Elimination of Discrimination against Women The Committee remains concerned about gaps in the implementation of legislation and strategies, the low number of criminal convictions for trafficking in women, the failure to effectively protect victims of trafficking as witnesses and the lack of compensation for victims. It is also concerned about re-trafficking of victims and internal trafficking in women, as well as about the lack of effective preventive measures. The Committee reiterates its specific concern, contained in its previous concluding observations (see A/58/38, para. 70) that prostitutes and victims of trafficking remain subject to criminal punishment under the Penal Code. The Committee urges the State party to: (a) Ensure that offenders who commit either cross-border or internal trafficking are prosecuted and punished. (b) Guarantee free legal aid to victims of trafficking and apply witness protection laws. (c) Amend the Penal Code to the effect that victims will not be subjected to criminal prosecution and punishment and that internal trafficking will also be covered under the criminal offence of trafficking in human beings. (d) Strengthen preventive measures, including educational opportunities for disadvantaged groups of women, including teenage girls and girls belonging to linguistic or ethnic minorities. (e) Introduce, where lacking, exit programmes, including social support, rehabilitation and reintegration measures, for trafficked women and girls, so as to diminish the chances of women and girls becoming victims of re-trafficking. (f) Provide victims of trafficking with access to adequate health care. (g) Improve its monitoring system, as well as the evaluation of the phenomenon of cross-border and internal trafficking in women, with a view towards more effective implementation of anti-trafficking legislation, policies and measures. (h) Amend its Penal Code so that prostitutes are not criminally prosecuted and punished, and to provide adequate support programmes for women who wish to leave prostitution. (i) Provide in its next periodic report comprehensive information and data on trafficking in women, including on the progress made. (Paragraphs 28 and 29) UN Committee on Migrant Workers The Committee, while acknowledging the adoption of the National Strategy and Plan of Action for the Fight Against Child Trafficking and the Protection of Child Victims of Trafficking, notes that children who fall victim to trafficking for labour exploitation remain a concern in the State Party. The Committee is particularly concerned at the fact that, until 2004, about 4,000 children had migrated unaccompanied by their parents. The Committee recommends that the State party: (a) Evaluate the phenomenon of trafficking in persons and compile systematic disaggregated data with a view to better combating trafficking in persons, especially of women and children, and bringing perpetrators to justice; (b) Allocate sufficient financial and human resources to implement national strategies to combat trafficking, including child trafficking; (c) Apply measures, at the national and international levels, to dismantle trafficking networks; (d) Increase its efforts to identify victims of trafficking, to enforce anti- trafficking laws, to train police forces, judges, prosecutors and social service providers, and to fund ambitious prevention of trafficking campaigns; (e) Intensify efforts to determine the causes of massive departure of unaccompanied minors and to reduce the magnitude of this phenomenon; (f) Define the crime of sale of children and to adopt laws on accessible procedures for victims of trafficking to obtain reparation; (g) Vigorously prosecute labour trafficking offenders an public officials who participate or facilitate human trafficking; (Paragraphs 41 and 42) The Committee notes with concern that the State party is considered to be a transit country for human smuggling. The Committee recommends that the State party: (a) Intensify efforts to counter migrant-smuggling, especially women and children, inter alia by taking appropriate steps to detect the illegal or clandestine movement of migrant workers and their families and bring those responsible to justice. (Paragraphs 43 and 44) UN Special Rapporteur on the right to freedom of opinion and expression Trafficking of women and girls for the purpose of forced prostitution is also a significant problem in the country. Albania is both a transit and a source country for such trafficking, which consists in recruiting or coercing women by criminal gangs to work as prostitutes abroad, most often in Italy and Greece. The Special Rapporteur noted that a number of local women’s associations and NGOs are seeking to raise public awareness about prostitution and related crimes. However, most of these organisations are small, with few resources and almost no external support. (Paragraph 86) Universal Periodic Review (December 2009) 17. Consider fostering policies on combating child trafficking and define the crimes of the sale of children and child pornography (Brazil); (accepted) 29. Strengthen its national child protection system and ensure its full implementation; intensify its efforts to raise public awareness against trafficking in children for sexual exploitation and forced labour within its National Strategy for the Fight against Trafficking in Human Beings as well as other policies and programmes; and adopt appropriate rehabilitation and reintegration mechanisms for the victims (Slovakia); (accepted) 31. Continue giving priority and allocating adequate resources to the implementation of the national strategies on children and on combating child trafficking (Malaysia); (accepted) _____________________________________________________________________ Discrimination against children from Roma communities UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming the enactment of Law No. 10221 of 4 February 2010 on the Protection against Discrimination and the appointment of the Commissioner for the Protection against Discrimination in May 2010 and other efforts undertaken to counter- discrimination especially against minorities in the State party, the Committee is concerned that, inter alia, girls, children belonging to minority groups, especially Roma, children living in rural areas and children with disabilities continue to be the victims of serious discrimination, especially in their access to education, social protection, health and adequate housing. The Committee urges the State party to ensure that its programmes address as a matter of priority the situation of discrimination against girls, children belonging to minority groups, children living in rural areas and children with disabilities. The Committee further urges the State party to include information in its next periodic report on measures and programmes relevant to the Convention and in particular to the situation of Roma children undertaken by the State party in follow-up to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference. (Paragraphs 27 and 28) The Committee is also concerned that: (b) Registration of all children immediately after birth is still not ensured and that Roma and poor children, children born abroad, outside maternity homes and of early marriages are the ones most affected by the lack of birth registration; (paragraph 35) The Committee, while noting that the minimum legal age of marriage is set at 18 years, expresses concern about the persistent practice of early and forced marriages, especially in the Roma community. (Paragraph 47) [T]he Committee is concerned by: (a) The high proportion of Roma children (almost half of them) that do not have a health care and therefore are deprived of access to health services; [T]he Committee recommends that the State party: (b) Ensure that all Roma children are provided with a health card and have effective and unimpeded access to health services; (Paragraphs 60 and 61) The Committee notes that poverty levels in the State party continue to be high and thus welcomes the creation of child protection offices in the communes and at district level and the commitment made by the State party to establish a functional child protection system to deal with issues of child poverty. The Committee is however concerned that social protection schemes do not focus specifically on children, are limited to small cash transfers and have failed to lift families, in particular Roma families and families with children with disabilities, out of poverty. The Committee is also concerned that two thirds of poor families are left without any economic aid. The Committee recommends that the State party reform its child protection system and undertake structural changes in order to address child poverty, including by ensuring priority access to services for all families and children at risk, paying particular attention to Roma families and families with children with disabilities. In that regard, the Committee recommends that the State party provide all families with child allowance as a universal benefit and that cash transfers to families living in poverty are complemented by measures to promote employment for women and children after completing education and provide skills training, housing, transport and other benefits. The Committee also recommends that the State party ensure that social workers are well trained, receive sufficient salaries and are clearly instructed to identify families and children at risk, to manage the social schemes effectively and to follow-up on their implementation and assess their impact. (Paragraphs 66 and 67) While welcoming the information provided by the State party during the dialogue that the forcibly removed Roma families from their settlement near the Tirana train station in February 2011 were finally provided with housing solutions, the Committee remains concerned about the precarious housing conditions that some of these families still remain. The Committee recommends that the State party address the housing conditions of all the affected Roma families and refrain in the future from forced evictions. (Paragraphs 68 and 69) The Committee is also concerned that: (c) There are bariers to accessing education for children lacking birth registration documents including Roma children, children with disabilities, children from remote areas and children with HIV/AIDS; (e) Only 10 per cent of all children between 1 and 3 years have access to pre-school education and children from the Roma communities have even lower access, although enrolment in pre-school education would provide them with opportunities for early language skills, socialisation with other children and preparation for primary school; (g) Contrary to the law, minority children in particular Roma children, have limited possibility to be taught in their own language and to learn their history and culture within the framework of the national teaching curricula. The Committee also urges the State party to take all necessary measures to: (d) Ensure effective access to education to children with disabilities children, children infected by HIV/AIDS, Roma children and pregnant girls; (e) Ensure that Roma children, children with disabilities, children of single mothers and households classified as poor have priority access to comprehensive pre- school programmes to facilitate early learning and socialisation and ensure adequate funding for an effective implementation of policies which encourage their enrolment in pre-school education; (g) Train educators and develop curricula, textbooks and other aids in order to provide minority-language education, particularly for Roma children and develop curricula units for children at school level, including in relation to Roma history and culture, in order to promote understanding, tolerance and respect for the rights of Roma in Albanian society and consider ratifying the European Charter for Regional and Minority Languages. (Paragraphs 70 an d71) The Committee notes with concern the weak implementation of the various programmes and strategies for Roma due mainly to inadequate allocation of resources and the insufficient coordination between institutions involved at central and local levels. The Committee is also concerned that Egyptians are not recognised as a minority in the State party and that Egyptian children therefore might not be entitled to the special protection measures for vulnerable groups of children. The Committee urges the State party to further strengthen and implement its various programmes and strategies for Roma children, in particular by further allocating human and financial resources. The Committee also recommends that the State party amend its National Strategy to Improve Living Conditions of the Roma Minority and take active measures specifically aiming at preventing and combating discrimination and marginalisation of Roma children. The Committee further recommends that the State party recognises the Egyptian minority, in order to guarantee special protection measures that their children are entitled to. (Paragraphs 76 and 77) The Committee is further concerned that: (a) Roma and Egyptian minority children are over represented among children victims of trafficking; The Committee urges the State party to take vigorous measures to end the trafficking of children within the State party and abroad. To this aim, the Committee urges the State party to: (a) Ensure that the National Action Plan for the Struggle against Trafficking of Children and for the Protection of Children Victims of Trafficking (2011-2013) addresses prevention measures targeting in particular children from Roma and Egyptian minorities; (Paragraphs 82 and 83) UN Human Rights Committee While noting measures undertaken to improve the living conditions of the Roma community, the Committee is concerned that the Roma community continues to suffer prejudice and discrimination, in particular with regard to access to health services, social assistance, education and employment which have a negative impact on the full enjoyment of their rights under the Covenant (arts. 2, 26 and 27). The Committee urges the State party to: (a) Take all necessary measures to ensure the practical enjoyment by the Roma of their rights under the Covenant, by urgently implementing and reinforcing effective measures to address discrimination and the serious social situation of the Roma. (Paragraph 21) UN Committee on Economic, Social and Cultural Rights The Committee, while noting that the Labour Code prohibits employment of persons under 16 except for light labour, notes with concern the high percentage of children below the age of 16 who work, sometimes in hazardous conditions. The Committee is particularly concerned about children, many of them Roma, who work in the streets and are particularly vulnerable to exploitation. (Paragraph 25) The Committee is also concerned that a high percentage of Roma children, especially girls, are not enrolled in school, or drop out at a very early stage of their schooling, despite the measures undertaken by the State party to increase educational opportunities for them, including the "Second Chance" Project. The Committee urges the State party to: (a) Continue to take effective measures to increase school attendance by Roma children, especially girls, including at the secondary level, including, inter alia, through the grant of scholarships and the reimbursement of expenses for schoolbooks and of travel expenses to attend school, and recruiting additional school personnel from among members of the Roma community. (Paragraphs 38 and 68) UN Committee on the Elimination of Racial Discrimination The Committee reiterates its concern about allegations that members of the Roma minority, especially the young, face ethnic profiling and are subjected to ill-treatment and improper use of force by police officers. It regrets the absence of specific information in this regard by the State party. (art.5) The Committee urges the State party to: (a) Take measures to halt such practices and to increase law enforcement officials' sensitivity to human rights and training in matters involving racial discrimination. (Paragraph 15) UN Committee on the Elimination of Discrimination against Women Last reported: 26 July 2010 The Committee also expresses concern about the lack of comprehensive data on the rate of enrolment of Roma women and girls, as well as women and girls with disabilities, at all levels of education, which is an impediment for the State party in assessing their situation with a view to improving it. The Committee is also concerned about the low level of representation of women in senior management positions in educational institutions at the primary, secondary and tertiary levels. The Committee recommends that the State party: (d) Include, in the next periodic report, comprehensive data and information on the educational situation and opportunities of disabled women and girls, as well as those belonging to ethnic and linguistic minorities, particularly Roma women and girls. (Paragraphs 30 and 31) Universal Periodic Review (December 2009) 84. Continue fostering educational attainment of Roma children as indicated in the 2004 common country assessment report (Israel); (accepted) _____________________________________________________________________ Child labour, including in hazardous conditions UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee is deeply concerned about the large number of children subjected to economic exploitation in the State party and in particular those involved in hazardous occupations, such as agriculture, domestic work and illegal activities. The Committee also notes with concern: (a) The weak capacity of the labour inspectorate to detect the worst forms of child labour; and (b) The grave incidence affecting a large number of children between 12 and 17 in the explosion of a factory in the village of Gërdec on 15 March 2008 where they were illegally working to dismantle ammunition. The Committee urges the State party to strengthen its efforts to eradicate child labour, particularly in its worst forms, by addressing the root causes of economic exploitation through poverty eradication and education. In particular, the Committee urges the State party to: (a) Strengthen the labour inspectorate and provide labour inspectors with all the necessary support, including child labour expertise, with a view to enabling them to monitor effectively, at the state and local level, the implementation of labour law standards; (b) Ensure that the Gërdec incident is thoroughly investigated and effectively prosecuted; (c) Continue to seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office (ILO-IPEC) in this regard; and (d) Consider ratifying the ILO Convention No. 189 (2011) concerning decent work for domestic workers. (Paragraphs 78 and 79) [T]he Committee is seriously concerned that the State party continues to be a source country for children subjected to sex trafficking and forced labour, including forced begging within the State party and abroad. (Paragraph 82) UN Committee on the Rights of the Child (Concluding Observations on the OPSC, October 2012) The Committee is concerned that the State party does not criminalise the sale of children, child prostitution and child pornography as defined in articles 2 and 3 of the Optional Protocol. The Committee is, inter alia, concerned that the engagement of the child in forced labour is not criminalised as a case of sale of children and that the possession of pornographic material is not covered under the Criminal Code of Albania. The Committee recommends that the State party revise and bring its Criminal Code into full compliance with articles 2 and 3 of the Optional Protocol. In particular, the State party should criminalise: (a) The sale of children by offering, delivering or accepting, by whatever means, a child for the purpose of sexual exploitation, transfer of organs of the child for profit, engagement of the child in forced labour, or improperly inducing consent, as an intermediary, for the adoption of a child in violation of the applicable legal instrument on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution; (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing child pornography; (d) An attempt to commit any of these acts and complicity or participation in any of these acts; and (e) The production and dissemination of material advertising any of these acts. (Paragraphs 25 and 26) UN Human Rights Committee While noting the policies established by the State party, the Committee is still concerned with the abuses, exploitation, maltreatment and trafficking of children, inter alia child labour, as well as with the lack of information regarding that situation in the State party (arts. 23 and 24). The Committee urges the State party to: (a) Reinforce measures to combat abuse and exploitation of children, and establish public awareness raising campaigns regarding children's rights. (Paragraph 20) UN Committee on Economic, Social and Cultural Rights Last reported: 15 and 16 November 2006 Concluding Observations adopted: 22 November 2006 The Committee, while noting that the Labour Code prohibits employment of persons under 16 except for light labour, notes with concern the high percentage of children below the age of 16 who work, sometimes in hazardous conditions. The Committee is particularly concerned about children, many of them Roma, who work in the streets and are particularly vulnerable to exploitation. The Committee urges the State party to: (a) Take all necessary measures to ensure that legislation protecting minors against economic and social exploitation and their right to education are rigorously enforced, and that employers are duly sanctioned in cases of violation. (Paragraphs 25 and 54) UN Committee on Migrant Workers The Committee, while acknowledging the adoption of the National Strategy and Plan of Action for the Fight Against Child Trafficking and the Protection of Child Victims of Trafficking, notes that children who fall victim to trafficking for labour exploitation remain a concern in the State Party. The Committee is particularly concerned at the fact that, until 2004, about 4,000 children had migrated unaccompanied by their parents. The Committee recommends that the State party: (g) Vigorously prosecute labour trafficking offenders an public officials who participate or facilitate human trafficking; (Paragraphs 41 and 42) Universal Periodic Review (December 2009) 16. Strengthen its policy for the full guarantee of the rights of the child, with attention to combating child labour and the implementation of the Guidelines for the Alternative Care of Children, in accordance with Human Rights Council resolution 11/7 and draft resolution A/C.3/64/L.50 of the General Assembly. (Brazil); (accepted) 29. Strengthen its national child protection system and ensure its full implementation; intensify its efforts to raise public awareness against trafficking in children for sexual exploitation and forced labour within its National Strategy for the Fight against Trafficking in Human Beings as well as other policies and programmes; and adopt appropriate rehabilitation and reintegration mechanisms for the victims (Slovakia); (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee expresses its deepest concern that in spite of the adoption of Law No. 9669 of 2006 “on Measures Against Domestic Violence”, the National Strategy on Gender Equality and Domestic Violence (2007–2010) and the recently adopted Strategy of Gender Equality and Reduction of Gender Based Violence and Domestic Violence 2011- 2015, domestic violence has still not been explicitly prohibited by law and continues to be widely accepted and practiced as part of normal life. The Committee is particularly concerned that: (a) Half of the children are routinely subjected to violence in the home or witness violence against their mothers. In 2008, 18 children reportedly committed suicide as a result of the violence they were subjected in the home; (b) Violence-related provisions of the Penal Code do not appropriately define and protect children from violence, especially psychological and emotional violence and that articles 124 and 125 of the Penal Code contain a restrictive definition of neglect which relates only to providing living means; (c) Due to the lack of an identification, referral and treatment system for cases of violence against children and the absence of accountability for professionals involved in identifying these children, the vast majority of children do not seek help when they suffer abuse and violence; (d) Most of the perpetrators of domestic violence enjoy impunity; relatively few complaints of domestic violence lead to criminal prosecutions and when violence is considered as “light”, prosecutors are not required to initiate prosecution; and (e) Victims of domestic violence rarely obtain the assistance they are entitled to receive under the 2006 Law and are often left without housing solutions, due to the dearth of shelters to accommodate them and the lack of specific programmes to combat domestic violence and assist victims. In light of its general comment No. 13 (CRC/C/GC/13, 2011) the Committee urges the State party to prioritise the elimination of all forms of violence against children, by paying particular attention to gender. In particular, the Committee urges the State party to: (a) Adopt as a matter of priority a law criminalising all forms of domestic violence, including marital rape and to revise its definition of neglect contained in the Penal Code to cover all forms of child neglect and ensure accountability for violence against children; (b) Establish an efficient multi-sectoral child protection system to ensure prevention of violence against children and protection and reintegration of children victims of any forms of violence; and (c) Define procedures and mechanisms for the identification, reporting, referral, investigation, treatment and coordination of cases of children victims of violence and provide concrete information to children on on how to seek help. (Paragraphs 43 and 44) UN Committee on Economic, Social and Cultural Rights The Committee is gravely concerned about the pervasiveness of domestic violence and other forms of abuse and ill-treatment against women and children in the State party, which often go unreported. While welcoming the information that a draft law on domestic violence is being prepared by the Parliament, the Committee remains concerned about the absence of a coherent strategy to support victims of domestic violence. The Committee requests the State party: (a) Provide in its next periodic report detailed information on the extent of domestic violence, and the legislative measures and policies adopted by the State party to address that phenomenon, including facilities and remedies provided for victims. (b) Adopt, without delay, the law on domestic violence. (c) Undertake information campaigns in order to increase public awareness and to provide training to law enforcement officials and judges on the serious and criminal nature of domestic violence. (d) Allocate resources to ensure that crisis centres are available where victims of domestic violence can obtain safe lodging and necessary assistance. (Paragraphs 28 and 57) UN Special Rapporteur on extrajudicial, summary or arbitrary executions- preliminary note on the mission to Albania Domestic violence remains, however, a very large problem and much remains to be done, especially with respect to Government budgeting for its programmes. Most financing comes from donors. While Albania has 13 shelters for abused women and their children, only 4 receive Government funding. A new shelter in Tirana, refurbished by the United Nations Development Programme, has Government support but no clear agreed budget allocation. During my visit, I was assured by the Government that its funding for this shelter, as well as other programmes, would be forthcoming. Despite the Government’s specific assurances, no progress has been made in the funding of the shelter since my visit, and this continues to be a matter of real concern. As a matter of high priority, the Government should follow through on its commitment to adequately fund the urgently needed shelter. (Paragraph 30) UN Special Rapporteur on the right to freedom of opinion and expression The Special Rapporteur’s attention was drawn to the fact that Albania is a male-dominated society and that domestic violence against women still occurs in Albania.
Most abuses continue to be unreported. Moreover, there is no Government-sponsored programme to provide assistance for victims of domestic violence and more generally to protect the rights of women. It is to be noted that in the north-eastern part of the country, men still follow the traditional code known as the kanun, in which women are considered chattel and may be treated as such. According to the kanun, it is also acceptable to kidnap young women to make them brides. (Paragraph 85) Universal Periodic Review (December 2009) 58. Intensify efforts to combat sexual violence and ill-treatment against women and children, including by providing specific training to law enforcement officers and judges (Malaysia); (accepted) _____________________________________________________________________ Inadequate education provision UN Committee on the Rights of the Child (Concluding Observations, October 2012) While the Committee welcomes the introduction of the “Second Chance” programme, it is concerned that only 3.2 percent of the State party GDP was devoted to education in 2011, which is well below the minimum international standard and below the regional average. The Committee is particularly concerned about the dilapidated state of school buildings, the poor situation of hygiene and sanitation, the poor education services and learning conditions in rural areas. The Committee is also concerned that: (a) Although compulsory education lasts until Grade 9, only primary school is free, and costs compromise the ability of parents to send their children, especially girls, to school; (b) Despite efforts to provide transportation to schools, most schools are concentrated in the centre of the communes; (c) There are barriers to accessing education for children lacking birth registration and identity documents including Roma children, children with disabilities, children from remote areas and children with HIV/AIDS; (d) Although pregnant girls are allowed to continue education, they are in practice often encouraged to do distance learning; (e) Only 10 percent of all children between 1 and 3 years have access to pre- school education and children from the Roma communities have even lower access, although enrolment in pre-school education would provide them with opportunities for early language skills, socialisation with other children and preparation for primary school; (f) The educational system continues to be seriously affected by corruption; and (g) Contrary to the law, minority children and in particular Roma children, have limited possibility to be taught in their own language and to learn their history and culture within the framework of the national teaching curricula. In light of its general comment No. 1 (CRC/GC/2001/1), the Committee urges the State party to significantly increase its budgetary allocations to the education sector. The Committee also urges the State party to take all necessary measures to: (a) Assess whether the “Second Chance” programme is effective and sustainable in attracting students who drop out of school to resume their education; (b) Invest in teacher training and in the maintenance and renovation of the educational infrastructure, in particular in rural areas and to ensure that adequate facilities are available for quality education; (c) Ensure that compulsory education is free throughout the years of compulsory schooling for all children, including with regard to textbooks and transportation to school for disadvantaged children and families living in rural areas; (d) Ensure effective access to education to children with disabilities children, children infected by HIV/AIDS, Roma children and pregnant girls; (e) Ensure that Roma children, children with disabilities, children of single mothers and households classified as poor have priority access to comprehensive pre- school programmes to facilitate early learning and socialisation and ensure adequate funding for an effective implementation of policies which encourage their enrolment in pre-school education; (f) Prosecute perpetrators of corruption in schools; and (g) Train educators and develop curricula, textbooks and other aids in order to provide minority-language education, particularly for Roma children and develop curricula units for children at school level, including in relation to Roma history and culture, in order to promote understanding, tolerance and respect for the rights of Roma in Albanian society and consider ratifying the European Charter for Regional and Minority Languages. (Paragraphs 70 and 71) UN Committee on Economic, Social and Cultural Rights The Committee regrets the lack of sufficient information regarding the quality of education in the State party in line with the Committee's general comment No. 13 on the right to education, albeit welcoming information on the planned reform of the educational system. The Committee is particularly concerned about: the decreasing budget allocation for education and its impact on the quality of education; the poor infrastructure in schools; and the low salaries for teachers. The Committee also regrets the lack of specific information provided by the State party about measures taken to address the situation of children in rural areas and children prevented from attending school due to threats of "vendetta" violence. The Committee is further concerned about the increasing predominance of private educational service providers and the consequent negative implications for access to education by lower- income groups. The Committee urges the State party to: (a) Take all necessary measures to allocate the required resources to improve the quality of education offered in schools at all levels, in line with the Committee's general comment No. 13 on the right to education. (b) Conduct: a re-examination of the functions and quality of the public education system relative to private education, with a view to strengthening the former and easing the burden on low-income groups imposed by the latter; a study of accessibility of schools at all levels and specific actions to be taken to ensure equal and safe access by all sectors of society. (Paragraphs 36 and 66) The Committee is also concerned that a high percentage of Roma children, especially girls, are not enrolled in school, or drop out at a very early stage of their schooling, despite the measures undertaken by the State party to increase educational opportunities for them, including the "Second Chance" Project. The Committee urges the State party to: (a) Continue to take effective measures to increase school attendance by Roma children, especially girls, including at the secondary level, including, inter alia, through the grant of scholarships and the reimbursement of expenses for schoolbooks and of travel expenses to attend school, and recruiting additional school personnel from among members of the Roma community. (Paragraphs 38 and 68) UN Committee on the Elimination of Racial Discrimination While commending the efforts undertaken by the State party in the area of education for minorities, including the provision of education in their languages and courses on their native languages, the Committee regrets that effective enjoyment of the right to education is not guaranteed for all children from minorities and other vulnerable groups, many of whom do not have access to education in their own language. (art.5) The Committee encourages the State party to: (a) Step up its efforts to ensure effective access to education of children belonging to minority groups. (b) Provide detailed information in its next periodic report, including disaggregated statistics, on enrolment in primary, secondary and higher education of members of minorities and other vulnerable groups. (Paragraph 16) UN Committee on the Elimination of Discrimination against Women The Committee expresses a number of concerns in relation to the education of girls in rural or remote areas and girls belonging to linguistic or ethnic minorities. Such concerns relate to the high dropout rate from schooling, especially at the secondary level, resulting from early marriages, traditional sex-role stereotypes, lack of means of transportation, secondary costs of education and involvement in economic activities, indicating poverty as a strong predictor. The Committee also expresses concern about the lack of comprehensive data on the rate of enrolment of Roma women and girls, as well as women and girls with disabilities, at all levels of education, which is an impediment for the State party in assessing their situation with a view to improving it. The Committee is also concerned about the low level of representation of women in senior management positions in educational institutions at the primary, secondary and tertiary levels. The Committee recommends that the State party: (a) Continue raising awareness of the importance of education for the empowerment of women and that it take concrete comprehensive measures to overcome traditional attitudes and other obstacles to the education of girls and women. (b) Intensifying efforts to promote the access of girls and women living in rural or remote areas, including minority girls and women, to education and their retention at all levels of education. (c) Enhance temporary special measures currently in place in the form of quotas, in order to ensure the representation of women in high-level positions in universities and other educational institutions. (d) Include, in the next periodic report, comprehensive data and information on the educational situation and opportunities of disabled women and girls, as well as those belonging to ethnic and linguistic minorities, particularly Roma women and girls. (Paragraphs 30 and 31) Universal Periodic Review (December 2009) 79. Adopt further measures to ensure protection of the human rights of children leaving care in particular through the provision of education, health and psycho-social support (Czech Republic); (accepted) 84. Continue fostering educational attainment of Roma children as indicated in the 2004 common country assessment report (Israel); (accepted) 2. Increase the age of leaving care to 18 years and enact and implement legislation aimed at improving support for children in care as well as after leaving care, in particular with regard to access to education and vocational training (Austria); (accepted) _____________________________________________________________________ Harmful traditional practices relating to marriage, including early marriage UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee, while noting that the minimum legal age of marriage is set at 18 years, expresses concern about the persistent practice of early and forced marriages, especially in the Roma community. The Committee recommends that the State party fully enforce the minimum legal age of marriage and take all the necessary measures to curb the harmful practice of early and forced marriage, including the development of sensitisation programmes and campaigns involving community leaders, society at large and children themselves on the negative impact of early and forced marriages. (Paragraphs 47 and 48) The Committee is also concerned that: (b) Registration of all children immediately after birth is still not ensured and that Roma and poor children, children born abroad, outside maternity homes and of early marriages are the ones most affected by the lack of birth registration; (Paragraph 35) UN Committee on the Elimination of Discrimination against Women The Committee commends the State party for having a new Family Code that fully integrates gender equality standards regarding family relations, but nevertheless remains concerned about the limited measures it has taken to challenge the harmful marriage traditions that violate the rights of women and girls under the Convention, including child marriages, the practice of the family choosing the husband and the payment of a bride price or dowry, which remains prevalent in rural and remote areas of the country and among minority communities. The Committee recommends that the State party: (a) Continue its efforts to address gender stereotypes that perpetuate discrimination against women. (b) Develop a more comprehensive and wide-ranging strategy across all sectors to eliminate stereotypes, working with a broad range of stakeholders, including women's and other civil society organisations, the media and the private sector, and specifically targeting rural areas and the minority communities in respect of family relations. (c) Encourage the media to project positive non-stereotyped images of women and of their equal status and role in the private and public spheres. (d) Take concrete steps to eliminate customary laws and traditions that discriminate against women. (Paragraphs 24 and 25) The Committee expresses a number of concerns in relation to the education of girls in rural or remote areas and girls belonging to linguistic or ethnic minorities. Such concerns relate to the high dropout rate from schooling, especially at the secondary level, resulting from early marriages, traditional sex-role stereotypes, lack of means of transportation, secondary costs of education and involvement in economic activities, indicating poverty as a strong predictor. (Paragraph 30) UN Special Rapporteur on the right to freedom of opinion and expression The Special Rapporteur’s attention was drawn to the fact that Albania is a male-dominated society and that domestic violence against women still occurs in Albania.
Most abuses continue to be unreported. Moreover, there is no Government-sponsored programme to provide assistance for victims of domestic violence and more generally to protect the rights of women. It is to be noted that in the north-eastern part of the country, men still follow the traditional code known as the kanun, in which women are considered chattel and may be treated as such. According to the kanun, it is also acceptable to kidnap young women to make them brides. (Paragraph 85) _____________________________________________________________________ Inadequate and unequal provision of healthcare UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming the information provided by the State party during the dialogue on the national programme to reduce child malnutrition and the national awareness campaign launched in March 2012 on “The new and better ways of feeding babies and children in Albanie”, the Committee is concerned over the still high infant mortality rate – largely resulting from malnutrition - which affects particularly children living in remote areas. Furthermore, the Committee is concerned by: (a) The high proportion of Roma children (almost half of them) that do not have a health card and therefore are deprived access to health services; (b) Children‟s access to health care being subject to their mother‟s membership in the scheme of social insurance; (c) The difficulty for children of rural and remote areas to access health care services; (d) The pervasive practice of health workers and doctors asking for informal payments which prevents children from accessing health services; (e) The fragmented organisation of maternal and child health services and the lack of proper relations between those services and early childhood care institutions; (f) The declining rate of exclusive breastfeeding; and (g) The impact on children‟s health of air pollution especially in the capital Tirana, of contamination of drinking water with pesticides and bacteriological substances and of poor food quality. The Committee urges the State party to prioritise the allocation of financial and human resources to the health sector with a special emphasis on primary health care in order to ensure equal access to quality health services by all children, including children living in remote areas and Roma children. In particular, the Committee recommends that the State party: (a) Strengthen its efforts to address child malnutrition, focusing primarily on the most disadvantaged categories of children and on nutrition education and access to quality food; (b) Ensure that all Roma children are provided with a health card and have effective and unimpeded access to health services; (c) Ensures that access to basic health care is not conditional upon the mother‟s membership in the social security schemes; (d) Take all necessary measures to counter the pervasive practice of health workers and doctors asking for informal payments; (e) Strengthen the link between maternal and child health services, including pediatric institutions and the collaboration of these services and the early childhood care institutions; (f) Strengthen its efforts to promote exclusive breastfeeding until 6 months of age by raising the awareness of health personnel and the public of the importance of exclusive breastfeeding; and (g) Take all the necessary measures to address air pollution and contamination of drinking water. (Paragraphs 60 and 61) UN Human Rights Committee While noting measures undertaken to improve the living conditions of the Roma community, the Committee is concerned that the Roma community continues to suffer prejudice and discrimination, in particular with regard to access to health services, social assistance, education and employment which have a negative impact on the full enjoyment of their rights under the Covenant (arts. 2, 26 and 27). (Paragraph 21) UN Committee on the Elimination of Discrimination against Women Last reported: 6 July 2010 The Committee is concerned about the unequal access to health care for women and men in rural compared with urban areas, in particular in relation to family planning services and reproductive health, with the overall rate of use of modern contraceptives remaining very low. The Committee is further concerned about the rise in the number of women infected with HIV/AIDS, mother-to-child transmission, the limited availability of antiretroviral drugs in rural areas and the lack of information and data on whether antiretroviral drugs are available free of charge for intravenous drug users and sex workers. The Committee calls upon the State party to: (a) Take all necessary measures to improve women's access to health care and health-related services, within the framework of the Committee's general recommendation No. 24, and especially to address the unequal access of women and men in rural compared with urban areas of the country, and to step up efforts in relation to women and girls belonging to linguistic and ethnic minorities. (b) Strengthen and expand efforts to raise awareness about access to affordable contraceptive methods throughout the country and to ensure that women in rural areas and women belonging to linguistic and ethnic minorities do not face barriers in accessing family-planning information and services. (c) Promote and target sex education at adolescent girls and boys, with special attention to the prevention of early pregnancy, especially in rural areas and for women belonging to linguistic and ethnic minorities, and the control of sexually transmitted infections, including HIV/AIDS, especially with a view to preventing mother-to-child transmission of the virus. (d) Increase efforts aimed at countering discrimination against and stigmatisation and social exclusion of women living with HIV/AIDS. (Paragraphs 34 and 35) Universal Periodic Review (December 2009) 79. Adopt further measures to ensure protection of the human rights of children leaving care in particular through the provision of education, health and psycho-social support (Czech Republic); (accepted) _____________________________________________________________________ Discrimination or inadequate services for migrant children UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee expresses concern that children migrating to Albania, including unaccompanied children are generally considered as irregular migrants, detained in the National Detention Centre for Irregular Migrants in Karec and deported back without having had access to legal procedures to determine their best interests, or to specialised services and assistance of a legal guardian. The Committee is further concerned that asylum-seeking and refugee children with no proof of educational background may not have access to education. The Committee recommends that the State party ensure that children are properly identified and registered during pre-screening procedures at border points and no longer detained and that best interests determination procedures are initiated to define how to best address the child‟s immediate and long term needs. This should include the appointment of legal custodians as well as provision of comprehensive information to minors on their return prospects. The Committee encourages the State Party to ensure that the Border Police do not detain unaccompanied minors and in this regard to seek technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR). It also urges the State party to ensure that asylum-seeking and refugee children have access to education. It further recommends that the State party takes into account its general comment No.6 (CRC/GC/2005/6) and to consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (Paragraphs 72 and 73) The Committee expresses concern about the physical, psychological and social impact that massive labour migrations have on the rights and wellbeing of children and the preservation of the family unit. The Committee recommends that the State party study the impact of migration on children as previously recommended by the Committee on Migrant Workers (CMW/C/ALB/CO/1 para.37, 2010) and to provide children with all the necessary social services for them to fully enjoy their rights under the Convention. (Paragraphs 74 and 75) UN Committee on Migrant Workers The Committee is concerned at the information that migrant workers and members of their families may suffer from various forms of discrimination, in particular in the area of social security. The Committee encourages the State party to: (a) Ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction enjoy the rights provided for in the Convention without any discrimination, in conformity with article 7; (b) Promote information campaigns for public officials working in the area of migration, especially at the local level (Paragraphs 19 and 20) The Committee notes that the law does not provide for a renewal of the residence permit to members of the family of a migrant worker in case of divorce or in case of death of the migrant worker. The Committee urges the State party to: (a) Ensure that the rights of the families of the deceased or divorced migrant worker are guaranteed in conformity with article 50 of the Convention. (Paragraphs 25 and 26) With reference to article 26 of the Convention, the Committee is concerned at the fact that undocumented migrant workers and members of their families cannot join trade unions. The Committee recommends that the State party: (a) Take the necessary measures, including legislative amendments, to guarantee to all migrant workers and members of their families the exercise of trade unions rights, in accordance with the Convention, as well as with ILO Convention No. 87 concerning Freedom of Association and Protection of the Right to Organise. (Paragraphs 29 and 30) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming that corporal punishment is explicitly prohibited in all settings, the Committee is concerned that various forms of corporal punishment are widely practised at home, in schools and in institutions. Furthermore, the Committee, while noting that the Law on Pre-University Education prohibits corporal punishment, regrets that it does not specify the necessary legal mechanisms for prevention of violence and protection of children in the school premises, nor does it provide for sanctions against teachers who use violence, or for procedures to identify and report violence. In light of its General Comment No. 8 (CRC/C/GC/8, 2007), the Committee urges the State party to: (a) Ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are systematically initiated against persons subjecting children to corporal punishment; (b) Improve the law on Pre-University Education, especially by introducing legal mechanisms for prevention of violence and protection of children in the school premises, sanctions against teachers who use violence and procedures to identify and report violence; (c) Introduce continuous public education, awareness-raising and social mobilisation programmes, involving children and their families, community leaders and the media in the process, on harmful physical and psychological effects of corporal punishment, with a view to changing the general attitude towards this practice; and (d) Promote positive non-violent and participatory forms of child-rearing, and alternative forms of discipline and education. (Paragraphs 41 and 42) Universal Periodic Review (December 2009) R - 1. Prohibit corporal punishment as a method of admonishing children and adolescents (Chile); (rejected) R - 2. Prohibit by law the practice of corporal punishment of children as a disciplinary method (Argentina). (rejected) _____________________________________________________________________ Inadequate response to HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee expresses concern that children infected by HIV/AIDS are detected at a very late stage due to the lack of access to confidential voluntary testing and the deficiencies in the surveillance system to detect cases of HIV/AIDS. The Committee is also concerned that services to prevent mother-to-child transmission of HIV/AIDS have not been integrated in the health system. The Committee is also particularly concerned that one third of children with HIV/AIDS do not go to school. In light of its general comment No. 3 (CRC/GC/2003/3) and the international guidelines on HIV/AIDS and Human Rights, the Committee recommends that the State party provide for a system of voluntary testing for HIV/AIDS with full respect of the right to privacy and confidentiality and improve the surveillance system to detect cases of HIV/AIDS. The Committee also recommends that services to prevent mother- to-child transmission of HIV/AIDS be fully integrated in the health system. The Committee further recommends the State party to reinforce preventive action among youth, targeting teenagers in the most vulnerable situations, and ensure that HIV/AIDS education programmes are provided in secondary schools and children with HIV/AIDS are enabled to attend school without discrimination. (Paragraphs 64 and 65) UN Committee on the Elimination of Discrimination against Women The Committee is further concerned about the rise in the number of women infected with HIV/AIDS, mother-to-child transmission, the limited availability of antiretroviral drugs in rural areas and the lack of information and data on whether antiretroviral drugs are available free of charge for intravenous drug users and sex workers. The Committee calls upon the State party to: (c) Promote and target sex education at adolescent girls and boys, with special attention to the prevention of early pregnancy, especially in rural areas and for women belonging to linguistic and ethnic minorities, and the control of sexually transmitted infections, including HIV/AIDS, especially with a view to preventing mother-to-child transmission of the virus. (d) Increase efforts aimed at countering discrimination against and stigmatisation and social exclusion of women living with HIV/AIDS. (Paragraphs 34 and 35) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming the adoption in May 2009 of the Law “On the Civil Registration Offices” which notably eliminates the judicial procedure engaged in case of late registration, the Committee notes with concern that insufficient awareness-raising about this new law has been conducted for its effective implementation. The Committee is also concerned that: (a) Although the law provides for financial incentives for those who register their children, birth registration is not free of charge for families; (b) Registration of all children immediately after birth is still not ensured and that Roma and poor children, children born abroad, outside maternity homes and of early marriages are the ones most affected by the lack of birth registration; and (c) Children without birth certificates might still be refused access to schools in spite of the measures taken to avoid such a situation. The Committee urges the State party to continue and strengthen, as a matter of priority, its efforts to establish a system ensuring the registration of all children born within its territory and that registration is free of charge. The Committee also urges the State party to take proactive measures targeting categories of children whose birth registration remains problematic. The State should also urgently issue clear instructions to all schools throughout the territory that all children, irrespective of their registration status should be enrolled into public schools and that failure to enroll these children might lead to administrative sanctions. (Paragraphs 35 and 36) Universal Periodic Review (December 2009) 12. Adopt the Law on the Rights of the Child and the Law against Discrimination as matters of priority, as well as measures to ensure the implementation of laws on birth registration (Norway); (accepted) 71. Adopt further measures to ensure birth registration of all children (Czech Republic); (accepted) _____________________________________________________________________ Sexual abuse of children and inadequate laws on such abuse UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee is deeply concerned that sexual abuse against children is defined in article 108 of the Penal Code as “shameful acts carried out with minor children who have not attained 14 years of age” and that children between the age of 14 and 18 years are only protected if there is violence and girls only up to the age of puberty. The Committee is also concerned about the lack of effective measures to prevent and combat child sexual exploitation and abuse and about the absence of services to provide sexually abused and exploited children with psycho-social support, recovery and reintegration. The Committee urges the State party to revise its legislation to ensure that all children up to the age of 18 are protected against sexual abuse and exploitation. The Committee also recommends that State party adopt programmes and policies for the prevention, recovery and reintegration of child victims of sexual abuse and exploitation in accordance with the outcome documents adopted at the 1996, 2001 and 2008 World Congress against Sexual Exploitation of Children held respectively in Stockholm, Yokohama and Rio de Janeiro. (Paragraphs 45 and 46) UN Committee on the Rights of the Child (Concluding Observations on the OPSC, October 2012) See full report. Universal Periodic Review (December 2009) 29. Strengthen its national child protection system and ensure its full implementation; intensify its efforts to raise public awareness against trafficking in children for sexual exploitation and forced labour within its National Strategy for the Fight against Trafficking in Human Beings as well as other policies and programmes; and adopt appropriate rehabilitation and reintegration mechanisms for the victims (Slovakia); (accepted) 58. Intensify efforts to combat sexual violence and ill-treatment against women and children, including by providing specific training to law enforcement officers and judges (Malaysia); (accepted) _____________________________________________________________________ Insufficient provision for children deprived of a family environment UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee welcomes the adoption of the Sectoral Strategy of Social Protection of 2008 which aims to establish family-oriented alternative care services for children without parental care, the de-institutionalisation of children, the recognition of foster families as beneficiaries of the 2010 Economic Aid Law and the development of manuals for foster families and social workers. The Committee is however concerned that most of the children in institutions have been placed there because of poverty reasons and the lack of appropriate support provided to their families. The Committee is particularly concerned by: (a) The organisation of institutions by age groups which results in frequent moves of children, the disruption of their relations with staff and children and the separation from their own siblings; (b) The situation of children who have to leave institutions at the age of 15 years, and are left with no support from the State party and are living in poverty, are marginalised and exposed to abuse and exploitation; (c) The insufficient number of staff to care for children in institutions and the lack of training they receive; and (d) The situation of children in the centre of Poliçan who survive thanks to the donations of the local community. The Committee urges the State party to take all necessary measures to ensure that children from the most marginalised families can be raised with their biological parents and to this end, increase financial allocations to families in need and combine them with social services appropriate for them. The Committee also urges the State Party to : (a) Amend Decree No. 209 of 12 April 2006 with a view to prohibiting the placement of children into institutions on economic grounds; (b) Further prioritise family-type care settings over institutional placements, by inter alia raising public awareness about the negative impact of institutionalisation on a child‟s development; (c) Take all the necessary measures to reduce children‟s length of stay in institutions by the regular review of placement as required under article 25 of the Convention; (d) Ensure that children are no longer separated from their siblings and that they are cared for in a stable environment that favors the creation and maintenance of positive relationships with adults and children; (e) Abide by its commitment made during the Universal Periodic Review process to extend the age of leaving care from 15 to 18 years and ensure that children leaving institutions are provided with appropriate support; (f) Ensure that alternative care institutions are provided with the necessary human, technical and financial resources for the proper care of children; and (g) Harmonise its legislations with the Guidelines for the Alternative Care of Children annexed to the United Nations General Assembly resolution 64/142 of 20 December 2009. (Paragraphs 54 and 55) Universal Periodic Review (December 2009) 79. Adopt further measures to ensure protection of the human rights of children leaving care in particular through the provision of education, health and psycho-social support (Czech Republic); (accepted) 2. Increase the age of leaving care to 18 years and enact and implement legislation aimed at improving support for children in care as well as after leaving care, in particular with regard to access to education and vocational training (Austria); (accepted) P - 10. Take measures to prevent the unnecessary admission of children to institutional care and to support the reintegration of children into their biological families (Austria); (pending) P - 15. Improve the legal definition of children at risk of losing parental care, take measures to systematically identify children at risk, and provide adequate support and other services to prevent separation of children from their families (Austria); (pending) P - 16. Take measures to create and strengthen the system of public care for boys, girls and adolescents who need such care, to ensure that they stay in the system until the age of 18 years as needed and that they are prepared for successful reintegration into society (Uruguay); (pending) _____________________________________________________________________
Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004
Last reported: 15 and 16 November 2006
Concluding Observations adopted: 22 November 2006
Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004
Last reported: 15 and 16 November 2006
Concluding Observations adopted: 22 November 2006
Country visit: 15 to 23 February 2010
Report published: 20 May 2010
Last reported: 26 September 2012
Concluding Observations published: 5 October 2012
Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004
Last reported: 26 July 2010
Last reported: 22 and 23 November 2010
Concluding Observations adopted: 1 December 2010
Country visit: 29 May to 2 June 20000
Report published: 23 January 2001
Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004
Last reported: 15 and 16 November 2006
Concluding Observations adopted: 22 November 2006
Last reported: 22 and 23 August 2010
Concluding Observations adopted: 1 September 2011
Last reported: 26 September 2012
Concluding Observations published: 5 October 2012
Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004
Last reported: 22 and 23 November 2010
Concluding Observations adopted: 1 December 2010
Last reported: 15 and 16 November 2006
Concluding Observations adopted: 22 November 2006
Country visit: 15 to 23 February 2010
Report published: 20 May 2010
Country visit: 29 May to 2 June 2000
Report published: 23 January 2001
Last reported: 15 and 16 November 2006
Concluding Observations adopted; 22 November 2006
Last reported: 22 and 23 August 2010
Concluding Observations adopted: 1 September 2011
Last reported: 26 July 2010
Last reported: 26 July 2010
Country visit: 29 May to 2 June 2000
Report published: 23 January 2001
Last reported: 19 and 20 October 2004
Concluding Observations adopted: 1 November 2004
Last reported: 22 and 23 November 2010
Concluding Observations adopted: 1 December 2010
Last reported: 26 July 2010
Last reported: 26 September 2012
Concluding Observations published: 5 October 2012