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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Scroll to:
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
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UN Committee against Torture
- follow-up - UN Committee on the Elimination of Discrimination against Women
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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CCPR/C/DZA/CO/3
Last reported: 23 and 24 October 2007
Concluding Observations adopted: 1 November 2007
No mention of child rights
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UN Committee on Economic, Social and Cultural Rights
E/C.12/DZA/CO/4
Last reported: 5 and 6 May 2010
Concluding Observations adopted: 17 May 2010
Access to social security: The Committee is concerned that the access of families of disappeared persons to social security benefits, including pension and child education benefits, is made conditional upon the family obtaining a court declaration that the disappeared relative has died (art. 9).
The Committee recommends that the State party take measures to ensure that families of disappeared persons have unconditional access to social security, in particular pension and survivor benefits and child benefits. It draws the attention of the State party to its general comment No. 19 on the right to social security, which refers to the core obligation of a State party to ensure the right of access to social security systems or schemes on a non-discriminatory basis, especially for disadvantaged and marginalised individuals and groups. (para. 13)
Corporal punishment: The Committee is concerned that violence against women, including spousal abuse, continues to be a widespread problem in the State party. The Committee is also concerned that domestic legislation does not contain specific provisions prohibiting and criminalising domestic violence, including marital rape, and that corporal punishment of children within the family and alternative care settings is not prohibited (art. 10).
The Committee recommends that the State party amend legislation, including the Penal Code, to prohibit and criminalise domestic violence, including marital rape, and prohibit corporal punishment of children within the family and alternative care settings. (para. 15)
Child labour: The Committee is concerned about the high rate of child labour in the country, with estimates that approximately 300,000 children under 16 years of age are working (art. 10).
The Committee recommends that the State party intensify efforts to combat child labour, including by employing systematic and effective labour inspections and urgent controls by social services, mandatory training for the police and awareness-raising campaigns for children and parents on the dangers of child labour and the importance of education. (para. 17)
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CAT/C/DZA/CO/3
Last reported: 2 and 5 May 2008 Concluding Observations issued: 26 May 2008
Issues raised and recommendations given:
Terrorism and juvenile justice: The Committee expresses its concern over the fact that minors aged 16 may be found criminally responsible and detained in the context of counter‑terrorism efforts. The Committee is also concerned about information received that juvenile detainees are not separated from adults. The State party should consider raising the minimum age of criminal responsibility in terrorism cases so that it is consistent with generally accepted international standards on the matter. The State party should also ensure that minors receive age-appropriate treatment in accordance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The State party should also guarantee that juvenile detainees are separated from adults. (arts. 2 and 11)(Para. 7)
Corporal punishment and domestic violence: The Committee remains concerned about the lack of any provision in the legislation of the State party prohibiting the use of this practice within the family. The Committee also notes with concern the lack of any provision in its domestic legislation prohibiting domestic violence against women. The State party should incorporate into its domestic legislation a provision prohibiting the use of corporal punishment against children within the family and domestic violence against women. (art. 16)(Para. 19)
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UN Committee Against Torture: Follow-up
Algeria State follow-up report
CAT/C/DZA/CO/3/Add.1
13 March 2009
VIII. Punishment of minors and young persons in detention
The delegation informed the Committee, in its oral reply of 5 May 2008, that article 21 of the Educational Policy Act of 23 January 2008 increased the scope of the prohibition against corporal punishment in schools. (para. 31)
The delegation also stated that under article 206-1 of the Health Protection and Promotion Act of 16 February 1985 all health practitioners must report any cases of maltreatment of minors or persons deprived of their liberty which have come to their attention during the course of their work. (para. 32)
The strategy on violence against children was also explained in detail to the members of the Committee, a strategy that gives equal focus to the prevention of violence, the intervention of the relevant actors, the protection of children and the social rehabilitation of victims. The delegation informed the Committee that social workers were also required to report suspected cases of violence in schools or families. Lastly, the delegation said that the framework legislation on childhood made this reporting mandatory on pain of prosecution. (para. 33)
The Algerian delegation informed the Committee about how the prison system in Algeria was organized. It made clear that women and minors were detained in separate quarters from other categories of offenders. The delegation pointed out that when juveniles were involved in a criminal case, including a terrorism case, they retained their right to raise a defence based on their status as minors and in no case could a death penalty be handed down to them, much less carried out. Lastly, the delegation confirmed that the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) were observed in Algeria. (para. 34)
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/DZA/CO/3-4
Last reported: 22 February 2012 Concluding Observations issued: 23 March 2012
Issues raised and recommendations given:
Stereotypes: The Committee notes with concern that, despite the efforts by the State party to raise awareness of women’s equality, patriarchal values and strong stereotypical attitudes persist in the State party with respect to the roles and responsibilities of women and men in society and in the family, overemphasizing the roles of women as wives and mothers. Furthermore, the Committee notes with concern that early-stage school curricula also contribute to the prevalence of stereotyped roles of women and men and that there is lack of information about the role played by the media, religious and community leaders and non-governmental organizations (NGOs) in combating negative stereotyping and societal attitudes towards women and girls. (Para. 27)
The Committee recommends that the State party: (a) Review and revise its awareness-raising programmes and studies to effectively promote gender equality and eliminate patriarchal attitudes and deep-rooted discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and society, and inform the Committee about the impact of those measures in the next periodic report; (b) Take urgent and proactive measures to seek a change of societal perception of certain types of employment and occupation as being traditionally exercised by men or women, in order to promote equal opportunity for and equal treatment of women in respect to employment and occupation; (c) Amend early-stage school curricula to prevent the conveyance of stereotyped images about the roles of women and men; (d) Take systematic measures to engage the media, community and religious leaders and NGOs in combating negative stereotyping and societal attitudes; (e) Undertake a comprehensive programme of awareness-raising among the judiciary in order to ensure its compliance with article 5 of the Convention to eliminate stereotyped roles of women and men. (Para. 28)
Violence: The Committee remains concerned about the lack of a specific law on violence against women, including domestic violence, despite the recommendation in this regard in the Committee’s previous concluding observations (A/60/38, part one, para. 150). The Committee is concerned at the absence in the Criminal Code of a definition of rape including marital rape and other sexual crimes, which should be interpreted as sexual offences committed in the absence of one’s consent. Moreover, the Committee expresses concern at the lack of data on the reported cases of domestic and sexual violence against women, criminal investigations, prosecutions and punishments thereof and the remedies, including compensation, provided for victims since 2005. Furthermore, the Committee recalls the need to guarantee human rights to all women victims of violence and those in vulnerable situations, particularly the right to be represented by an attorney and to receive medical and psychological care as well as access to shelter with a view to their social and economic reintegration. (Para. 29)
The Committee urges the State party: (a) To prepare and adopt, as a matter of priority, the legislation on violence against women, including domestic violence, taking into account the Committee’s general recommendation No. 19 (1992); (b) To stipulate in the Criminal Code the definition of rape including marital rape and other sex crimes, to be defined as sexual offences committed in the absence of one’s consent; (c) To compile reliable data on the prevalence of domestic and sexual violence against women, the investigations , prosecutions, convictions and sentences imposed on perpetrators, and on the remedies, including compensation, provided for victims since 2005; (d) To assist women in reporting incidents of domestic and sexual violence to the police; providing the victims with legal, medical and psychological assistance and rehabilitation, as well as access to quality shelters for all female victims of violence, without restrictions linked to age or marital status; (e) To provide on-going training for the police, prosecutors and judges on effective investigation, prosecution and punishment of acts of violence against women, including domestic and sexual violence, and for health-care providers and social workers on the provision of adequate medical and psycho-social assistance, and to inform the general public on the criminal nature of such acts. (Para. 30)
Trafficking: The Committee notes with concern the State party’s information that there has been no well-grounded case of trafficking in persons and no criminal prosecutions and convictions for such crime. In addition, the Committee regrets the lack of information on the mechanism of coordination among relevant national agencies to combat trafficking in persons and to provide protection and assistance for victims, as well as on the strategies to systematically identify trafficking victims among vulnerable populations, such as refugees and asylum-seekers. Furthermore, the Committee notes with concern the absence of measures to ensure that refugees, asylum-seekers and other persons of concern to the Office of the United Nations High Commissioner for Refugees (UNHCR), in particular women and girls, do not fall victim to human trafficking or migrant smuggling. (Para. 31)
The Committee encourages the State party: (a) To establish a centralized national mechanism to coordinate efforts aimed at preventing and combating trafficking in persons and protecting its victims, and adopt a national plan of action in that regard; (b) To provide on-going training for law enforcement officials, including border police, prosecutors and judges, as well as for consulate officials, health-care providers and social workers, on the effective identification of and assistance to victims, including medical treatment and psychological counselling, and the investigation, prosecution and punishment of offenders; and to inform the general public on the criminal nature of such acts; (c) To assist women victims in reporting incidents of trafficking in persons to the police and provide them with legal, medical and psychological assistance and rehabilitation, as well as with adequate shelters; (d) To create a mechanism to promptly identify victims of trafficking and ensure the referral to the asylum procedure of those who may be in need of international protection. (Para. 32)
Education: While noting an increased number of girls and women enrolled in higher education, especially in the fields of medicine and engineering, the Committee is concerned about the absence of information on the initiatives to reduce the high dropout rates of girls at the intermediate and secondary levels of education. The Committee also notes with concern the lack of indicators to measure the impact of the 2007-2016 national literacy strategy. The Committee recommends that the State party: (a) Take urgent measures to reduce the high dropout rates for girls at the intermediate and secondary levels of education; (b) Establish indicators to measure the impact of the 2007-2016 national literacy strategy and include information thereon in the next periodic report to the Committee. (Paras. 35-36)
Health: While the Committee notes with appreciation the State party’s prioritization of reproductive health in its health-care delivery system and the integration of prevention of violence and treatment of victims of violence into the reproductive and mental health services, it expresses its concern at the lack of a policy for medical personnel to monitor and report cases of domestic violence against women. The Committee notes the information from the State party that abortion for victims of rape and incest is not criminalized. However, the lack of a decree to legalize abortion in cases of rape and incest remains a concern for the Committee. Moreover, the Committee is concerned about the lack of clarity as to whether education on sexual and reproductive health and rights forms part of public school curricula. The Committee urges the State party: (a) To ensure regular training and sensitization of medical personnel in order to systematically monitor all acts of domestic violence and report thereon to law enforcement authorities; (b) To adopt medical standards and provide for implementation mechanisms establishing that rape and incest constitute grounds for abortion; (c) To include more comprehensive education on sexual and reproductive health and rights in public school curricula. (Paras. 40-41)
Rural women: While noting the adoption of the Government’s Rural Renewal Programme in 2006 to address, inter alia, the needs of rural women, the Committee is concerned that rural women are particularly affected by poverty, early marriage, and limited access to education, health-care services, information technologies and new technologies. The Committee recommends that the State party continue its efforts: (a) To create income-generating activities for women in rural areas and to increase the public budget spending on rural development; (b) To provide adequate access to education for women and girls, including by establishing new educational facilities in rural areas and ensuring public transport to schools for rural children; (c) To improve women’s and girls’ access to information technologies by enrolling them in programmes of computer literacy and securing their access to new technologies; (d) To prevent early marriages, including through education and awareness-raising campaigns to overcome the prevalence of stereotypical attitudes in this regard; (e) To promote the involvement of women in sustainable development, including through improved access to microcredit and renewable sources of energy. (Paras. 42-43)
Women and girl refugees and asylum seekers: The Committee is concerned about the practices of penalizing women and girl refugees and asylum-seekers for illegal entry and stay in the country, subjecting those persons to detention for protracted periods of time and returning them to the country of origin in violation of the principle of non-refoulement. The Committee is also concerned about reports that some refugee women and girls have suffered from sexual and gender-based violence and abuse, and that those victims lack access to shelter, medical and psychological services and justice. Moreover, the Committee notes with concern that refugee and asylum-seeking children have limited access to public schools and vital health-care services, and that some of the refugee and stateless children born in Algeria remain without birth certificates, which limits their access to vital social services. (Para. 44)
Marriage and family relations: The Committee recommends that the State party: (a) Ensure that refugees and asylum-seekers, in particular women and girls, are not penalized for illegal entry and stay in the country, that detention of asylum-seekers is only used as a last resort where necessary and for as short a period as possible, and that safeguards against refoulement are fully implemented; and develop cooperation mechanisms with UNHCR to identify persons in need of international protection; (b) Strengthen the mechanisms and procedures for ensuring that refugee women and girls are not subjected to sexual and gender-based violence and abuse, and that victims/survivors have access to shelter, to medical and psychological services, and to law enforcement mechanisms and justice; (c) Grant all refugee and asylum-seeking children access to public schools; (d) Ensure that refugees and asylum-seekers can access vital health-care services, including public hospitals, without discrimination and without fear of being turned over to the police; (e) Ensure that birth certificates are issued to all children born in Algeria, including refugee and stateless children, in order to prevent statelessness and to provide all children with access to social services; (f) Consider acceding to the 1961 Convention on the Reduction of Statelessness. (Para. 45)
The Committee notes with concern the continued application of the discriminatory provisions contained in the State party’s Family Code, enshrining the inferior legal status of women in several areas, including: (a) The requirement of a matrimonial guardian (wali) as a condition to enter marriage by adult women; (b) The permissibility of polygamy, albeit subject to certain restrictions (art. 8 of the Code); (c) The limited grounds for divorce, often difficult to prove in court, such as financial default, sexual incapacity or non-performance, conviction of a crime, prolonged absence or serious offence against morality (art. 53 of the Code); (d) The limited possibility for a woman to replace the father as legal guardian in emergency situations, such as where a husband is absent or unable to act as guardian, and the transfer of guardianship to a woman only when a husband dies or in case of divorce (art 87 of the Code); (e) Inheritance, as sons are entitled to receive two shares of an inheritance while daughters receive only one share. (Para. 46)
The Committee recommends that the State party review and amend the discriminatory provisions in the Family Code, and that it, in particular: (a) Review the impact of the requirement for a wali (matrimonial guardian) to be present at a marriage of a woman who has attained the age of majority; (b) Discourage and prohibit polygamous marriage in practice and in law, in accordance with the Committee’s general recommendation No. 21; (c) Repeal the restrictions on women’s right to divorce and introduce the right of either party to ask for a divorce without specifying the grounds; (d) Ensure that both fathers and mothers can exercise custodial and guardianship rights over their minor children on an equal basis in all areas of life, in accordance with the best interests of the child principle as contained in the Convention on the Rights of the Child, to which Algeria is a party, and article 16 of the Convention; (e) Consider introducing legal provisions to ensure that upon dissolution of marriage women have equal rights to property acquired during marriage, in line with article 16, paragraph 1(h) , of the Convention and the Committee’s general recommendation No. 21; (f) Study the inheritance law, taking into consideration the experience of other countries with similar cultural backgrounds and legal systems that have revised their laws so that women are able to inherit on terms of equality with men. (Para. 47)
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Next report due 13 February - 2 March 2012
CEDAW/C/DZA/CC/2
Last reported: 11 January 2005
Concluding Observations adopted: Not stated
Previous recommendations: The Committee regrets that the State party has not taken adequate steps to implement the recommendations in regard to some concerns raised in its previous concluding comments adopted in 1999 (A/54/38/Rev.1). In particular, the Committee finds that its concern about the consequences of the physical violence suffered by women from terrorist groups, contained in paragraph 77, and the situation of wives of disappeared persons, contained in paragraph 81, have been insufficiently addressed. (para. 19)
Effects of terrorism: The Committee reiterates these concerns and recommendations and urges the State party to implement the recommendations without delay, as well as to undertake comprehensive studies on the effects of terrorism on women and girls. (para. 20)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/DZA/CO/15-19
Last reported: 13 / 14 February 2013
Concluding Observations issued: 20 February 2013
Issues raised:
Identity: The Committee is concerned by the fact that civil registrars in certain wilaya communes refuse to register Amazigh first names on the ground that they do not appear on “the list of Algerian first names” (art. 5). Paragraph 16.
The Committee takes note of the information provided by the State party concerning the revision of the list of first names to include 500 Amazigh first names, and recommends that it take the necessary steps to ensure, de facto and de jure, that all Algerians can freely choose their children’s first names and register them with a civil registrar without encountering discrimination of any kind.
Human rights education: The Committee takes note of the human rights training and awareness-raising activities organized by the State party for, among others, trainee judges and law enforcement personnel. The Committee is nevertheless concerned by the persistence of racist stereotypes and by the hate speech that is sometimes directed against the Amazighs, asylum seekers, refugees and sub-Saharan Africans (art. 7). (Paragraph 19).
The Committee recommends that the State party step up its efforts in the area of human rights training with a particular focus on action to combat racial discrimination, respect for diversity and cross-cultural relations. It urges the State party to pay particular attention to training for teachers, civil registrars and law enforcement personnel. It furthermore calls on the State party to organize public awareness campaigns on these themes.
CERD/C/304/Add.113
Last reported: 9 March 2001
Concluding Observations adopted: 20 March 2001
No specific mention of children's rights
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UN Committee on Migrant Workers
CMW/C/DZA/CO/1
Last reported: 26 and 27 April 2010
Concluding Observations adopted: 30 April 2010
Children of migrant workers: The Committee considers of particular concern the situation of women migrant workers and children of migrant workers in an irregular situation. While taking note of the information provided by the State party that there are no obstacles for the registration of births and access to education for children of migrant workers in an irregular situation, the Committee is concerned that children may not be able to effectively enjoy such basic rights as their parents seek to avoid contact with public authorities from fear of sanctions and expulsion. The Committee is concerned that the lack of data on the situation of irregular migrants, including with regard to school enrolment of their children, may prevent the State party from effectively assess and address the problems faced by them and their families. (para. 20)
The Committee urges the State party to take all necessary measures to ensure that migrant workers and their families are not deprived of any of the rights under the Convention which apply to all migrant workers, including those in an irregular situation. In particular, the Committee urges the State party to bring its legislation – which criminalises irregular migration – into conformity with the Convention. (para. 21)
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UN Committee on the Rights of Persons with Disabilities
No report available
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UN Committee on Enforced Disappearances
No report available