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Summary: The violations highlighted are those issues raised with the State by more than one international human rights 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: _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee welcomes the various initiatives taken by the State party to eradicate child labour, including the awareness-raising days on the harm caused by child labour, held in the 48 Wilayas in 2006 and which involved 300,000 children in educational and vocational training establishments. However, the Committee reiterates its concern (CRC/C/15/Add.269 par. 74, 2005) that the minimum age for admission to employment (16 years) and the prohibition of hazardous work (Act No. 90-11 of 21 April 1990) is not fully applied in all contexts, in particular for children working in the informal sector. Furthermore, the Committee is also concerned that the State party has still not determined the types of hazardous work prohibited under the age of 18 although thousands of children continue to be subjected to the worst forms of child labour, especially in agriculture, as vendors in the streets and as domestic servants. The Committee reiterates its recommendation that the State party continue to take effective measures to put an end to the economic exploitation of children, in particular in the informal sector and to take urgent measures to remove children from hazardous work in the agriculture sector, from street work and domestic work. The Committee urges the State party to speed up the adoption process of the new Labour Code and ensure that the code fully covers children working in the informal sector and define the types of hazardous work prohibited under the age of 18 as already recommended by the ILO Committee of Experts on the Application of Conventions and Recommendations (2010 Direct Request concerning Convention No.182). The Committee also recommends that the State party consider ratifying the ILO Convention N° 189 concerning decent work for domestic workers. The Committee further recommends that the State party seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office (ILO-IPEC) in this regard. (Paragraphs 71 and 72) UN Committee on Economic, Social and Cultural Rights 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. (Paragraph 17) _______________________________________________________________________ Discrimination against children born out of wedlock and mothers of children who give birth out of wedlock UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee further reiterates its concern (CRC/C/15/Add.269 para.26, 2005) at the persistent de facto discrimination faced by children with disabilities, children living in poverty, children born out of wedlock, working children, children in conflict with the law, street children, children living in rural areas and Western Saharan refugee children. (Paragraph 29) The Committee expresses deep concern about the situation of girls and women pregnant out of wedlock as well as single mothers and their children and about the lack of measures taken by the State party to ensure that they effectively enjoy their right to life survival and development. The Committee notes with serious concern that: (a) Dozens of single mothers living alone with their children were physically and sexually attacked and subjected to torture by hundreds of men in Hassi Messaoud in 2001 and 2010 and that similar attacks recently took place in other cities of the country. The Committee is extremely concerned that attacks against single mothers and their children continue to be committed with impunity and that victims of these crimes live with their children in situations of fear and extreme poverty without support being provided by the State party; and (b) Social rejection and stigmatisation often lead women and girls pregnant out of wedlock to resort to clandestine abortion at the risk of their lives, to abandon their children or to live on the streets without any other opportunity but to prostitute themselves to feed their children. The Committee urges the State party to take urgent measures to end the grave violations of the right to life, survival and development of women and girls pregnant out of wedlock as well as single mothers and their children. In particular, the State party should take urgent measures to protect them and to ensure that perpetrators of violence against them are brought to justice and are subjected to sanctions commensurate to their crimes. The Committee also urges the State party to take all necessary measures to ensure as a matter of priority that single mothers and their children no longer live on the streets and that they are effectively supported to keep and care for their children. The Committee also urges the State party to launch awareness-raising campaigns and educational programmes in order to put an end to their social marginalisation, stigmatisation and brutalisation. (Paragraphs 33 and 34) The Committee notes as positive that birth registration is almost universal in the State party. The Committee is however concerned that: (a) Registration officers and family judges often refuse to register children born out of wedlock although no legal restriction exists concerning the registration of those children; (b) Refugee and stateless children are not systematically provided with birth certificates which puts them at risk of statelessness and hinders their access to essential social services; and (c) Unregistered children are deprived of access to schools and are enrolled in mosques and in literary classes. The Committee urges the State party to ensure that all children within the territory of the State party living in Algeria, including children born out of wedlock, refugee and stateless children are registered at birth. The State party 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 no child should be deprived access to education. (Paragraphs 37 and 38) While welcoming the amendment of the Nationality Code in 2005, giving Algerian women the right to transfer their nationality to their children born to a foreign father, the Committee expresses concern that in some cases however, Algerian mothers have to seek the agreement of a family judge in order to pass on their nationality to their children. The Committee also expresses concern that children born out of wedlock are often denied to take their mother’s family name and instead are registered with two surnames, a situation which leads to their identification as children born out of wedlock and to their subsequent stigmatisation. The Committee is further concerned that in some cities, Berber families are denied their right to register their children with an Amazigh surname. The Committee recalls the responsibilities of the State party, in accordance with articles 2 and 7 of the Convention, to ensure that all children within the State party’s jurisdiction have the right to be registered and acquire a nationality, irrespective of the child’s or his or her parents’ or legal guardians’ sex, race, religion or ethnicity, social origin or status. The Committee therefore urges the State party to: (a) Ensure that children born to an Algerian mother married to a foreign national can automatically acquire their mother’s nationality as prescribed in the Nationality Code; (b) Send clear instructions to family judges and civil registration officers that children born out of wedlock should be registered in accordance with the law under their mother’s name when their mother presents such a request; (c) Ensure that Amazigh families can freely chose the surname of their children without interference from civil registration officers; and (d) Ratify the Convention on the Reduction of Statelessness of 1961. (Paragraphs 39 and 40) The Committee expresses concern at reported cases of illegal adoption and illegal placement in Kafala of children born out of wedlock. The Committee urges the State party to amend its legislation regulating the Kafala system in order to bring it into full compliance with the Convention and in particular to repeal the Ministerial Circular preventing the Makfoul to be registered in the family record book. The State party should ensure that children in Kafala have the possibility to stay with their mothers in case of divorce. The Committee further urges the State party to take all necessary measures to prevent and punish cases of illegal adoption and placement in Kafala of children born out of wedlock. (Paragraphs 53 and 54) UN Special Rapporteur on violence against women There are also a substantial number of unmarried single mothers, with around 3,000 children born outside marriage annually. A strong stigma is attached to these women and their offspring. Unmarried single mothers are often rejected by their own families and have to endure immense social pressure. In Constantine, for instance, I was informed of the case of Salima,28 a young woman who committed suicide because her family had forbidden her marriage to a man she had a relationship with. The autopsy found that the woman was three months pregnant. (Paragraph 39). Children born outside marriage also face problems throughout their lifetime, especially since they are registered and identified as such in official documents. In such cases, girls are confronted with intersecting layers of discrimination based on their legal status and sex. Illustrative of this is the case of Fatima, a woman from the wilaya of Batna, who was born outside marriage. At birth, her mother gave her to a family under an Islamic care arrangement (kafala). Her foster brother regularly beat her until she was finally ejected from the house of her foster family at the age of 17. Living on the streets, she was abducted by a group of men and gang raped. She survived the ordeal and met a man who agreed to marry her, even though he knew that she was born outside marriage. A religious ceremony was conducted, but the man refused to officially register the marriage. He physically abused her on a regular basis and she eventually fled back to her foster family. Even though her foster brother started beating her again, she stayed for another two years until she was thrown out. (Paragraph 40). _______________________________________________________________________ Gender based discrimination within the family UN Committee on the Rights of the Child (Concluding Observations, June 2012) While noting the removal of the formal reference to the “inferior” position of women in the 2005 Family Code, the Committee reiterates its concern (CRC/C/15/Add.269 para. 43, 2005) that parental responsibilities are still not assigned equally, under law, to fathers and mothers, parental responsibility only lying with the father. The Committee is also concerned that: (a) Repudiation of women has not been prohibited and polygamy, though subject to certain restrictions is still permissible, a situation which affects children negatively; (b) The 2005 Family Code still prohibits the marriage of Muslim women to non- Muslims which has an obvious negative impact on the rights of children born of such marriages; (c) In case of divorce, article 65 of the Family Code grants the mother custody of male children only until age 10 and of female children until they reach marriage age; (d) In accordance to article 66 of the Family Code, women who remarry after divorce loses the custody of their children; and (e) Women and girls only inherit only one half of the share inherited by male members of the family. The Committee urges the State party to ensure that mothers and fathers equally share the legal responsibility for their children in accordance with article 18 1) of the Convention. The Committee also urges the State party to: (a) Revise the 2005 Family Code and ensure that all provisions that discriminate against women and negatively impact on their children, such as those which authorise polygamy and repudiation be repealed; (b) Recognise by law the marriage between a Muslim woman and a non- Muslim as already recommended by the Committee on Economic, Social and Cultural Rights (E/C.12/DZA/CO/4 para.14); (c) Review its legislation relating to the custody of the child with a view to ensuring that all decisions taken are based on the principle of the best interests of the child in line with articles 3 and 12 of the Convention and that children can no longer be withdrawn from their mother’s custody if she remarries; and (d) Enable women and girls to inherit on terms of equality with men. (Paragraphs 48 and 49) UN Special Rapporteur on freedom of religion or belief The special, and sometimes difficult, position of many foreign non-Muslim women who have married Algerians and live in Algeria, and of the children of mixed marriages, was emphasised by several of the people interviewed. While some of these women continue to attend church and even take their children, they are nonetheless exceptional cases; on the other hand, they are often put under pressure by their in-laws who, refusing to accept that they are different, confine them to the house or press them to convert. The offspring of mixed marriages have no choice, since they are automatically registered as having their father’s religion. (Paragraph 74). Polygamy is authorised (art. 8) and does not require the consent of the existing wives, since they cannot oppose the new marriage. The reason given for its retention is that it supposedly meets the deep-seated wishes of the Algerian people, whereas even the Algerian authorities say that it is a marginal phenomenon encountered in no more than 0.2 per cent of cases. Article 39 of the Code requires wives to obey their husbands and show them due deference as the head of the family, and to respect the husband’s relatives and close friends, while they themselves are not entitled to any respect and no legislation will protect them from domestic violence. What is more, the father has sole custody over minor children. (Paragraph 136). _______________________________________________________________________ Unequal treatment of children of migrant workers UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee expresses concern about the vulnerability of children of migrant workers living in the State party who lack access to their basic rights as highlighted by the Committee on the Rights of Migrants Workers (CMW/C/DZA/CO/1 para. 20, 2010). The Committee urges the State party to decriminalise irregular migration as recommended by the Committee on the rights of Migrant Workers (CMW/C/DZA/CO/1 para. 21, 2010) and to take all the necessary measures to ensure that children of migrant workers enjoy their rights without discrimination. (Paragraphs 67 and 68) UN Committee on 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. 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. (Paragraphs 20 and 21) _______________________________________________________________________ Inadequacies in education provision UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee notes as positive the significant increase in primary education enrolment rate (98 percent in 2007). The Committee also welcomes Education Act No. 08- 04 of 23 January 2008 which provides, inter alia, that education is compulsory for all girls and boys between the age of 6 and 16 years, the significant efforts to develop early childhood programmes, the strategy launched in 2009 to eliminate illiteracy by 2015 and the significant progress made to realise girls right to education. The Committee is however concerned that: (a) There are significant regional disparities in access to education, some Wilayas such as Djelfa and Mila being particularly disadvantaged; (b) 10% of education costs at primary level and 21% at secondary level are paid by households; (c) Primary school enrolment although at a high level has been decreasing over the past years and less than fifty percent of primary school students reach the secondary level; (d) One third of girls and about one fifth of boys aged 10 are illiterate; (e) Quality of school education remains low and school drop-out at high levels at secondary level. The insufficient training as well as the precarious contractual status and salaries of a significant proportion of teachers negatively affect the quality of the educational system; (f) Textbooks still include negative or patriarchal stereotypes; and (g) Teaching of written or spoken Berber languages in the State party’s schools remains unavailable in most of the State party’s schools despite the guarantee contained in the 2008 Education Act. The Committee recommends that the State party strengthen its efforts to eliminate illiteracy, to promote girl’s education and to develop pre-school education. The Committee also urges the State party to: (a) Take as a matter of priority all necessary measures to ensure that children living in the most disadvantaged Wilayas enjoy their right to education and that education is effectively free for all children in the State party without hidden costs; (b) Improve the quality of education and take all measures to ensure that children complete their schooling, including concrete action to address the reasons behind failure to complete schooling; (c) Provide all teachers with adequate salaries and status, expand teacher- training capacities and ensure that all teachers undergo continuous and intensive in- service training and periodic evaluation training; (d) Expand the system of vocational training institutions and make sure that children who have dropped out of school also have access to it; (e) Develop non-stereotyped educational curricula that address structural causes of discrimination against women and enhance educational opportunities and achievement for girls and boys at all levels; (f) Ensure that Berber languages are effectively taught in the State party’s schools as guaranteed by the Education Act (Act No. 08–04); and (g) Take into account its general comment No. 1 on the aims of education (CRC/GC/2001/1). (Paragraphs 63 and 64) UN Special Rapporteur on freedom of religion or belief The state of the schools is mentioned here only insofar as it contributes (or does not) to tolerance and non-discrimination in matters of religion and belief. Many informants drew attention to the state of Algeria’s schools and, more specifically, their ability to inculcate in children a sense of respect for others, tolerance and non-discrimination. (Paragraph 126) The Algerian educational system has long been cited as an example owing to the considerable efforts made at independence to ensure education for all when, at the time, only 10 per cent of children attended school and the country lacked everything - institutions and qualified staff. School has been free and compulsory for 6- to 16-year-olds since 1962, and the number of schoolchildren in 1995 was put at 8 million, with over 450,000 teachers. The policy pursued over the past 40 years has certainly been a success in quantitative terms, but the outcome in terms of efficacy and quality has not been satisfactory. Besides, many informants, including teachers, indicated that quite apart from their quality shortcomings, the schools had played a not insignificant role in spreading the Islamists’ ideas. (Paragraph 127). The urgent recruitment of teaching assistants from the Middle East who could put Algeria’s policy of Arabizing education into effect was said to have been the initial vector for the spread of extremist ideas in schools. (Paragraph 128). In the religious education classes that took the place of civics, teachers were said to have taught very young children how to stone an adulterous woman and how to wash the dead. The case of a teacher citing nationalities that should henceforward be regarded as nations of miscreants was also reported. In general, curricula were said to have conveyed a distorted notion of Algerian history and a degrading image of women, and to have encouraged pupils to spurn other religions, which were presented merely as those of colonial settlers. At the same time, concern was expressed that children could not speak out freely in class and ask awkward questions about Islam for fear of being labelled as troublemakers. (Paragraph 129). Although some teaching staff sought to use the schools to popularise extremist ideas, both governmental and non-governmental sources emphasised the need not to stigmatise teachers, who put up a fierce resistance against obscurantism and for doing so found themselves, like their pupils, among the victims of religious extremism. (Paragraph 130). On the organisation of religious teaching, the Ministry of National Education provided the Special Rapporteur with answers to the questionnaire which he had sent to all States in 1994. These reveal that there is no religious establishment within the educational system run by the Ministry of National Education, and that the Ministry has sole authority to design religious instruction curricula although, according to the Minister, these are vetted by the Ministry of Religious Affairs and the High Islamic Council. (Paragraph 131). Islamic instruction is compulsory, and is taught from the first year of primary school to the last year of secondary education for two hours each week (five hours for streams preparing the baccalaureate in Islamic studies). Religious topics may also be taken up in other subjects. Religious education curricula, which allot no time to other religions but do tackle the question of eliminating all forms of intolerance and discrimination in matters of belief, are monitored, and sanctions are applied if they overstep the mark. The Minister of Education informed the Special Rapporteur, however, that religious instruction takes no account of the different tendencies within Islam. (Paragraph 132). On the subject of compulsory religious education, the Special Rapporteur’s attention was drawn to one case in which the children of a foreign couple were refused a dispensation. During their discussions with the Special Rapporteur, the Minister of Education and Ministry staff expressed astonishment and said they were prepared to grant such dispensations; the Special Rapporteur was given this commitment in writing. On the other hand, Algerian children of originally Muslim but now atheist parents would not be allowed the benefit of such an arrangement given Algeria’s interpretative declaration relating to article 14 of the Convention on the Rights of the Child which states that a child must be brought up in its parents’ religion. It was also mentioned that the Islamic studies stream served as a last resort when there was no room available in other courses [leading to the baccalaureate]. (Paragraph 133). A reform of the educational system is currently in preparation following a report by a presidential advisory committee. The Government’s programme has two objectives: to prepare children to learn and observe moral and religious principles as part of the values of Algerian civilisation, and to prepare them for citizenship, democratic culture, tolerance and dialogue. (Paragraph 135). Parents today are still asking for their daughters to be excused physical education; the national education system does grant dispensations provided a medical certificate is produced, and this does not appear to be an insurmountable obstacle. (Paragraph 136). UN Special Rapporteur on violence against women, its causes and consequences After independence in 1962, Algeria put great emphasis on education and equality in education to overcome the extremely high levels of illiteracy, especially among women, inherited from French colonial rule. As a result, much progress has been made in realising equal access to education for women and girls. (Paragraph 21). Schooling for girls and boys is obligatory and free of charge between the ages of 6 and 16. Gender parity in primary education has almost been achieved. According to the National Multiple Indicators Survey on Children and Women (MICS3 Survey), conducted in 200613 the schooling rate in primary education stood at 96.3 per cent for girls and 96.9 per cent for boys. The schooling rates are significantly lower in certain localities, not least due to the continued resistance in some communities to girls’ education.14 Further, according to some of my interlocutors, the problems relating to the quality of school education undermine the overall value of free and equal access. Overcrowded classrooms, inadequate training of teachers and infrastructure gaps have been identified as areas of concern in national surveys.15 Moreover, despite the education reform of 2002, curricula and textbooks are said to contain biases with respect to gender issues and other universal human rights values. Nevertheless, the Government noted that these textbooks have been checked by the United Nations Educational, Scientific and Cultural Organisation. (Paragraph 22). Many girls and young women actively pursue education opportunities beyond compulsory school. They have proven to be markedly more successful than their male counterparts. While, according to Government figures, 57 per cent of girls move on to high school (ages 16-19), only 43 per cent of boys do so. More women (25.4 per cent) than men (18.4 per cent) also pursue higher education.16 At the Emir Abdelkader University of Islamic Sciences, 70 per cent of students are women. (Paragraph 23). Universal Periodic Review (April 2008) - 13. That Algeria pursue its efforts in the area of the right to education. (Syrian ArabRepublic) (accepted) _______________________________________________________________________ Social security payments for the families of disappeared persons UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee notes as positive the significant progress made by the State party to eradicate poverty and in particular the increase in social investment and social transfer programmes. The Committee is however concerned that structural and long term investment measures to maintain families out of poverty have been insufficient to maintain families out of poverty and to reduce the high level of disparities in the quality and level of access to social services, with rural regions and urban suburbs being in the most disadvantaged situation. The Committee is also concerned that: (c) Families and children of disappeared persons are requested to obtain a court declaration stating that the disappeared relative has died to obtain social security benefits including child education benefits The Committee urges the State party to strengthen its efforts to eradicate poverty and to this aim, address the root causes and structural determinants of poverty. The Committee also urges the State party to: (c) Ensure that families of disappeared person are no longer obliged to prove the death of their disappeared relative to obtain social security benefits; (Paragraphs 61 and 62) UN Committee on Economic, Social and Cultural Rights 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. (Paragraph 13) _______________________________________________________________________ Violence against children, including domestic violence UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee is concerned about the lack of measures adopted by the State party to address domestic violence which is pervasive, not specifically prohibited by law and widely accepted as part of normal life. The Committee is particularly concerned that: (a) The vast majority of children and two thirds of women are subjected to violence in the home; (b) Even in case of serious injuries, victims of domestic violence are discouraged from pursuing the case and are directed by the police and the judiciary to mediation and reconciliation services; (c) So called “Honour” and “provocation” are used as legal grounds to attenuate perpetrators’ sentences; (d) Most of the support services to women victims of domestic violence and their children, including medical, legal and psychological assistance, vocational training and housing support are provided by non-governmental organisations; and (e) Due to limited capacity of the specialised shelters for women and children victims of violence based in Bou Ismail and Tlemcen and victims of domestic violence are often directed to centres for homeless and mentally and physically disabled persons. The Committee urges the State party to adopt as a matter of priority a law criminalising all forms of domestic violence, including marital rape and to repeal legal provisions that excuse perpetrators of domestic violence such as article 279 of the Penal Code and to ensure that children and mothers victims of domestic violence are provided with appropriate medical, legal and psychological assistance and housing support. With reference to the United Nations Secretary-General’s Study on violence against children (A/61/299) and the Committee’s general comment no. 13 (2011) on the right of the child to freedom from all forms of violence the Committee further encourages the State party to: (a) Prioritise elimination of all forms of violence against children, including by ensuring implementation of the recommendations of the United Nations Study on violence against children, paying particular attention to gender; and (b) Provide information concerning the implementation by the State party of the recommendations of the Study in the next periodic report, particularly those highlighted by the Special Representative of the Secretary General on Violence against children, namely: (i) The development in each State of a national comprehensive strategy to prevent and address all forms of violence against children; (ii) The introduction of an explicit national legal ban on all forms of violence against children in all settings; and (iii) The consolidation of a national system of data collection, analysis and dissemination, and a research agenda on violence against children. UN Special Rapporteur on freedom of religion or belief Polygamy is authorised (art. 8) and does not require the consent of the existing wives, since they cannot oppose the new marriage. The reason given for its retention is that it supposedly meets the deep-seated wishes of the Algerian people, whereas even the Algerian authorities say that it is a marginal phenomenon encountered in no more than 0.2 per cent of cases. Article 39 of the Code requires wives to obey their husbands and show them due deference as the head of the family, and to respect the husband’s relatives and close friends, while they themselves are not entitled to any respect and no legislation will protect them from domestic violence. What is more, the father has sole custody over minor children. (Paragraph 136). UN Special Rapporteur on violence against women, its causes and consequences Country visit: 21 to 31 January 2007 Report published: 13 February 2008 The conviction rate for physical abuse against women, as reported by the Government, appears to be very high: 14,016 out of 16,676 cases that reached the judicial authorities resulted in a conviction. However, many of my interlocutors have pointed out that lax sentencing in domestic violence cases discourages women from pursuing criminal complaints. The Penal Code foresees increased penalties for physical assault against parents or children. Yet, spousal abuse is only regarded as ordinary assault, even though these situations are also characterised by a close family relationship and unequal power between perpetrator and victim. (Paragraph 67). Universal Periodic Review (April 2008) 69- 3. That Algeria take appropriate measures to address violence against children; recommends the continuation of the moratorium on death penalty. (Italy) (accepted) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) While noting as positive the prohibition of corporal punishment, psychological ill- treatment and all forms of bullying in schools contained in the Education Act No. 08–04 of 23 January 2008, the Committee is however concerned that corporal punishment remains widely accepted in society and routinely used as a disciplinary measure in schools. The Committee is also concerned that corporal punishment remains lawful in the home and in alternative care settings and that there is no explicit legal prohibition of the use of corporal punishment as a disciplinary measure in penal institutions, as already stated in the previous concluding observations (CRC/C/15/Add.269 para. 41, 2005). The Committee urges the State party to: (a) Prohibit corporal punishment unequivocally in all settings; (b) Ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are systematically initiated against those responsible of mistreating children; (c) Introduce sustained public education, awareness-raising and social mobilisation programmes, involving children, families, communities and religious leaders, on both the physical and the psychological harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment; (d) Ensure the involvement and participation of the whole society, including children, in the design and implementation of preventive strategies against corporal punishment of children; and (e) Take into account its General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. (Paragraphs 43 and 44) UN Committee on Economic, Social and Cultural Rights 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. (Paragraph 15) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee expresses deep concern that sexual abuse against children in school including religious schools, incest and paedophilia are on the rise in the State party. In this context, the Committee is concerned that article 336 of the Arabic version of the Penal Code defines rape as an attack on the so called “honour” and that rapists therefore may avoid punishment by marrying the girl they raped and “expunging the dishonour”. The Committee is also concerned about the weak enforcement of existing legislation, child victims of sexual exploitation and abuse being discouraged or afraid of reporting rape, ostracised and stigmatised and law enforcement officials often failing to take accusations seriously and to investigate and prosecute the cases. The Committee urges the State party to take more proactive action to fight sexual abuse and exploitation. In particular, the Committee urges the State party to: (a) Revise article 336 of the Penal Code and define the crime of rape as sexual intercourse without consent; (b) Develop adequate systems of investigation of cases of sexual exploitation and of recovery for the victims; (c) Prosecute and sanction all perpetrators of sexual violence and exploitation, including teachers and ensure that judges and law-enforcement authorities take all appropriate measures to bring the perpetrators to justice and provide them with sentences commensurate to their crime; (d) Take active measures to combat sexual violence and harassment in schools by organising nationwide communications programmes and strengthen the recruitment of female teachers who provide valuable role models for young girls and reduce the probability of abuse by teachers; (e) Encourage school and health services to detect and report evidence of abuse and establish clear reporting systems for cases of violence in schools; and (f) Undertake awareness-raising programs, including campaigns, particularly for children, parents and other caregivers in order to prevent stigmatisation of children victims of sexual exploitation and abuse; and (g) Ensure that programmes and policies for the prevention, recovery and reintegration of child victims are in accordance with the outcome documents adopted at the 1996, 2001 and 2008 World Congress against Commercial Sexual Exploitation of Children held in Stockholm, Yokohama and Rio de Janiero. UN Special Rapporteur on violence against women, its causes and consequences It is estimated that several thousand women were raped by members of armed Islamist groups. Many women and girls were abducted from their home towns and villages, held in situations of sexual slavery and in some cases murdered, especially when they became pregnant. Grossly abusing the precepts of Islam, perpetrators reportedly sometimes tried to depict their atrocities as “religious temporary marriages.” (Paragraph 82). _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee welcomes Act No. 09-01 of 25 February 2009 which criminalises trafficking in persons and increases penalties for offenders who traffic children. The Committee is however concerned that limited measures have been taken to enforce the new anti-trafficking law and that the State party continues to consider trafficking victims including children as illegal migrants and to deport them, sometimes in conditions that threaten their lives. The Committee is particularly concerned that: (a) There has been no investigation or prosecution for trafficking offenses, or conviction or punishment of trafficking offenders during the year 2010 and that some traffickers reportedly benefit from the complicity of some members the Algerian police; (b) Child victims of trafficking may be jailed for unlawful acts committed as a result of their being trafficked, such as engaging in prostitution or lacking adequate immigration documentation; (c) There are no government-operated shelters for victims of trafficking and civil society is prohibited from operating any such shelters because they would be penalised for harbouring undocumented migrants; (d) The State party does not provide children with assistance for their physical and psychological recovery and their social reintegration; and (e) Legal alternatives to removal to countries where victims may face retribution or hardship are not provided by the State party. The Committee urges the State party to take all necessary measures for the implementation of its anti-trafficking law and in particular to: (a) Effectively investigate trafficking cases and ensure that perpetrators and their accomplices are brought to justice; (b) Train law enforcement officials and establish capacity to identify victims of trafficking among illegal migrants; (c) Ensure that child victims of trafficking are offered necessary assistance, including legal aid, shelter, medical and psychological assistance and rehabilitation services and are not punished for unlawful acts committed as a direct result of being trafficked; and (d) Undertake a campaign to increase public awareness of trafficking, including on the differences between human smuggling and trafficking. Universal Periodic Review (April 2008) - 14. That Algeria take steps to adopt a legal framework to protect children from trafficking and to define trafficking as a criminal offence under domestic law; recommends that Algeria integrate the gender perspective in the follow-up process to the UPR. (Slovenia) (accepted) _______________________________________________________________________ Children living on the streets UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee is concerned that insufficient measures have been taken by the State party to implement its previous recommendations concerning children in street situations and that the State party consider the phenomena as marginal although no data has been collected since 2008 and that thousands of children are reported to live on the streets. The Committee also expresses particular concern about the insufficient measures taken to provide assistance and housing to repudiated, divorced and single mothers living on the streets with their children. The Committee urges the State party to take urgent and vigorous measures to address the situation of women living with their children on the streets as recommended by the Special Rapporteur on Violence against Women (A/HRC/17/26/Add.3 para. 82 b and c, 2011) and in particular to ensure that they receive preferential access to subsidised State housing. The Committee also reiterates its previous recommendations to the State party (CRC/C/15/Add.269 par. 77, 2005) in particular the recommendation that the State party develop and implement a comprehensive strategy, with the active participation of street children themselves, non-governmental organisations and other relevant professionals, to address the root causes of the phenomenon of street children, with the aim of reducing and preventing it. (Paragraphs 73 and 74) UN Special Rapporteur on violence against women, its causes and consequences These organisations also note an increasing number of girls and unmarried women, who were ejected or fled from their homes and now live on the street. The ejection may occur to punish women and girls who are perceived to have violated the family honour, including young women, who become pregnant outside marriage or engage in relationships that are not approved by the family. A rupture in the family structure (e.g. if one parent dies and the other remarries) can also trigger family conflicts that ultimately result in the ejection of the most vulnerable family member. Finally, there are many cases, where the ejection stands at the end of a long history of physical or sexual abuse in the family circle. (Paragraph 71) _______________________________________________________________________ Inadequate and inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee notes as positive the measures taken by the State party to improve its juvenile justice system, in particular the training organised for juvenile judges on the right of the child. The Committee is however concerned that: (a) The State party’s juvenile justice system remains mostly punitive as reflected notably by the possibility to sentence a child as young as 13 years old to prison from 10 to 20 years; (b) Children are subjected to long periods of pre-trial detention; (c) The use of restorative measures (mediation, community services orders, and other alternatives to detention) is rare and that detention is in most of the cases the first option; and (d) Children aged 16 may be detained in the context of counter-terrorism efforts and that children detained are not always separated from adults as observed by the Committee against Torture (CAT/C/DZA/CO/3 para. 7, 2008). The Committee recommends that the State party strengthen its efforts to build a system of restorative and rehabilitative juvenile justice fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). In particular, the Committee urges the State party to: (a) Ensure that detention, including pre-trial detention is used as a measure of last resort and for the shortest possible period of time, even in case of very severe crimes and that it is reviewed on a regular basis with a view to withdrawing it; (b) Promote alternative measures to detention, such as diversion, probation, counselling, community service or suspended sentences, wherever possible; (c) Ensure immediate removal of children from adult detention facilities and place them in a safe, child-sensitive environment where they are treated humanely and with respect for their inherent dignity, and can maintain regular contact with their families, and are provided with education and vocational training; (d) Ensure capacity-building and specialisation of all the justice actors, including judges, prison officers and lawyers, on the provisions of the Convention; (e) Develop social reintegration programmes for children in conflict with the law; and (f) If relevant, make use of the technical assistance tools developed by the United Nations Interagency Panel on Juvenile Justice and its members, including UNODC, UNICEF, OHCHR and NGOs, and seek technical assistance in the area of juvenile justice from members of the Panel. (Paragraphs 81 and 82) UN Committee against Torture 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 (arts. 2 and 11). 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. (Paragraph 7) While noting with satisfaction that corporal punishment against children is forbidden in school, 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 (art. 16). 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. (Paragraph 19) -------------------------------------------- UN Committee against Torture: Follow-up 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. (Paragraph 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. (Paragraph 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. (Paragraph 33) The Algerian delegation informed the Committee about how the prison system in Algeria was organised. 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. (Paragraph 34) _______________________________________________________________________
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Last reported: 5 and 6 May 2010
Concluding Observations adopted: 17 May 2010
Country visit: 21 to 31 January 2007
Report published: 13 February 2008
Country visit: 16 to 26 September 2002
Report published: 9 January 2003
Last reported: 26 and 27 April 2010
Concluding Observations adopted: 30 April 2010
Country visit: 16 to 26 September 2002
Report published: 9 January 2003
Country visit: 21 to 31 January 2007
Report published: 13 February 2008
Last reported: 5 and 6 May 2010
Concluding Observations adopted: 17 May 2010
Country visit: 16 to 26 September 2002
Report published: 9 January 2003
Last reported: 5 and 6 May 2010
Concluding Observations: 17 May 2010
Country visit: 21 to 21 January 2007
Report published: 13 February 2008
Country visit: 21 to 31 January 2007
Report published: 13 February 2008
Last reported: 2 and 5 May 2008
Concluding Observations adopted: 13 May 2008
Date published: 13 March 2009