ANDORRA: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Andorra - 9th Session - 2009
3rd November, 2.30pm to 5.30pm

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National Report
Compilation of UN information
Stakeholder Information
Accepted and Rejected Recommendations

National Report

15. Andorra has submitted national follow-up reports in respect of human rights conventions, including its second periodic report on the implementation of the Convention on the Rights of the Child (2009), its initial report on the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2006), its second periodic report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (2010), and annual follow-up reports on the European Social Charter (revised) (since 2007).

21. Following Andorra's accession to the Convention on the Rights of the Child in 1996, various laws and regulations have been adopted which take account of the best interests of the child, including the qualified-majority Act on Adoption and Other Forms of Protection for Abandoned Children of 21 March 1996 and the regulations thereto. There are various child welfare programmes designed to guarantee all aspects of care for vulnerable children. These are described below.

22. The Child Protection Team takes preventive action and identifies at-risk children. In 2009, it intervened on behalf of 257 minors and produced 187 case files. The Government has recorded a 13.37 per cent increase in cases compared with 2008.

23. Foster families include families which take in a child from their own family and those which take in children from other families.

24. Children's refuge: this protection centre, with 20 beds, is intended for children who have to be separated from their families.

25. The qualified-majority Juvenile Justice Act of 22 April 1999, the Criminal Code and the qualified-majority Justice Act guarantee the minor's enjoyment of all the rights recognized in the Constitution and the Andorran legal system. Article 16 of the qualified- majority Juvenile Justice Act guarantees the services of a lawyer acting on behalf of the minor in any criminal case as soon as the police take the first statement from the accused. If the trial judge considers it useful, he or she may solicit the opinion of a minor aged 10 years or over in a civil case. The opinion of a minor aged 12 or above may influence the outcome of the adoption process.

31. The Inter-ministerial Youth Commission, established on 20 October 2009, promotes lateral cooperation and coordination within the Government. It includes representatives of the departments of youth, education, higher education and research, culture, housing, health, employment, internal affairs, social welfare, foreign affairs and statistics. Other institutions work to promote equality and non-discrimination among young people. The parish councils also devise their own policies and activities for young people. The UNICEF National Committee for Andorra organizes training on children's rights in Andorran associations and schools.

44. Pursuant to the recommendations of ECRI and GRECO on training for justice officials, the High Council of Justice has signed collaboration agreements with the French National College of Magistrates and the Spanish General Council of the Judiciary. Trial judges, other judges, prosecutors and judicial secretaries have received in-service training in fundamental rights, with a focus on children's rights. The University of Andorra holds a training course every two years on children's rights (in collaboration with the UNICEF National Committee for Andorra) and on fundamental rights. Court officials undertake this training.

46. The principle of the best interests of the child is regularly invoked before judicial bodies. This principle is embodied in the qualified-majority Marriage Act of 30 June 1995 (in its application to visitation rights and alimony in the case of marriage breakdown) and in the qualified-majority Act on Adoption and Other Forms of Protection for Abandoned Children, which employs this principle in both domestic and international adoptions. In the case of abandoned children, it is always the principle of the child's best interests which will determine the type of protection used. In the case of judicial procedures where a minor is the victim of a violation of rights, the prosecutor's office is obliged to intervene and becomes the defender of the minor's rights and interests.

50. The promulgation of qualified-majority Act No. 15/2003 on personal data protection guarantees, in particular, the right to privacy in respect of the handling of personal data, within a framework of transparency, fairness and respect for human dignity. The Andorran system prohibits the creation of files intended exclusively to "collect and process personal data which indicate, directly or indirectly, the racial or ethnic origin, political, philosophical or religious opinions or trade union membership of the persons concerned, or data relating to their health or sex life". This law is applicable to personal data which can be processed and to any subsequent use of these data under the control of an independent body, the Andorran Data Protection Agency. Public awareness and information campaigns are conducted every year. In 2007, the Agency concluded a cooperation agreement with the Ministry of Education to carry out awareness and information activities with schoolchildren and teachers on the issues and risks involved in the use of new technologies. In 2008, the Andorran Data Protection Agency participated actively in the partnership for children's rights between the International Organization of la Francophonie and French-speaking institutional networks marking the twentieth anniversary of the adoption of the Convention on the Rights of the Child, concentrating on aspects related to privacy and the protection of children's data and distributing 10 videos. It also created a new link on its website with a great deal of information on the protection of minors on the Internet. On 18 March 2008, the Andorran Data Protection Agency signed a partnership agreement with the Ombudsman to promote human rights and fundamental freedoms, particularly the right to privacy in relation to the handling of personal data.

52. The State has a legitimate duty to intervene in all situations where health, security, morality and the upbringing of a child are or may be at stake. In such interventions, social workers fully respect the individual's fundamental rights and are bound to maintain professional confidentiality.

80. Education in Andorra is based on the rights, freedoms and principles laid down in article 20 of the Constitution, the laws on education and the international agreements which Andorra has ratified. The country's three education systems have as a basic principle the admission of all persons regardless of their origin, religion, sex or political or ideological beliefs.

81. The Andorran system of education is defined in article 5 of the qualified-majority Education Act of 3 September 1993. It is a unique system combining three education systems: the Andorran, Spanish (secular and religious) and French systems, all of which are overseen by the Ministry of Education of the country concerned. Education is compulsory and free up to the age of 16. There was a total of 10,837 pupils in the three education systems in the school year 2009/10, ranging from nursery school to general or vocational high schools. In each of the three education systems, the learning of foreign languages occupies a very important place in the curriculum. The education enrolment rate in Andorra is of the order of 100 per cent.

85. The mission of the Ministry of Education is to promote educational projects which will encourage the development of cultures and practices of inclusion in schools, while facilitating all initiatives designed to reduce barriers to learning and encourage participation by vulnerable and disadvantaged groups by means of targeted programmes. Immigration is a significant phenomenon in Andorra, and the Government, aware that schools are a major element in integration, pays particular attention to school attendance by the children of seasonal and frontier workers and ensures that they attend school. Special reception classes are provided for new arrivals in the various education systems. Andorra has considerable experience of educating disabled children and young people in mainstream schools, whatever their age or the cause of their disability. Children and young people who cannot attend a mainstream school full-time are enrolled free of charge in a special school, which collaborates closely with mainstream schools to ensure effective integration.

102. The Government has a national network of virtual campuses and, being aware of the importance of training for State officials, organizes regular training sessions for teachers to help them to deal more effectively with problems of racism and violence in schools. All schools, observing the principles enshrined in the Convention on the Rights of the Child, accept enrolment applications from all children. The Government places particular emphasis on the situation of the children of seasonal workers. The aim is that these children should attend school on the same basis as all other pupils.

UN Compilation

1. In 2002, the Committee on the Rights of the Child (CRC) encouraged Andorra to withdraw its declaration made upon ratification of the Convention as soon as possible.

2. In 2002, CRC welcomed the adoption of the Law on Adoption and Other Forms of Protection for the Abandoned Minor of 1996, the Qualified Law on Minors' Jurisdiction, which partially amends the Penal Code and the Qualified Law on Justice of 22 April 1999, the Law regulating Leave for Maternity or Adoption of 22 June 2000 and the Regulations for Child-care in Private Homes of 2001.

3. CRC encouraged Andorra to continue and complete its review of legislation relevant to children to ensure full compliance with the Convention and its rights-based approach. It was concerned that the principles of non-discrimination (art. 2 of the Convention), best interests of the child (art. 3), right to life, survival and development of the child (art.6) and respect for the views of the child (art. 12) are not fully reflected in Andorra's legislation and administrative and judicial decisions, as well as in policies and programmes relevant to children at both national and local levels.

4. While noting with appreciation the efforts of Andorra to criminalize trafficking and sale of children in the new Criminal Code, in 2006 CRC was still concerned that it does not include all purposes and forms of sale of children included in article 3, paragraph 1, of OP- CRC-SC. It recommended that Andorra continue its efforts to amend the Criminal Code in order to prohibit the trafficking and sale of children for all purposes listed in article 3, paragraph 1, of the Optional Protocol and to extend the criminal liability to legal persons.

9. CRC noted with appreciation that a Secretariat of State for the Family was established in May 2001 for the effective coordination between the various ministries and institutions in charge of children. It further noted the establishment in May 1999 of a Social Care Unit for Children in charge of vulnerable children. It encouraged Andorra to strengthen its efforts to establish the Secretariat of State for the Family as the body for the coordination of all activities for the implementation of the Convention, with adequate responsibilities and human and financial resources to execute this function in an effective manner.

10. CRC expressed concern that Andorra's cooperation with NGOs at national level is not developed enough. It encouraged Andorra to take adequate steps to improve its cooperation with NGOs at national level.

11. CRC welcomed the various measures taken by Andorra to implement and strengthen the protection of the rights covered by the OP-CRC-SC, especially through the amendment of the Criminal Code punishing, inter alia, trafficking in body organs, sexual abuses against children, child pornography and child prostitution. It also welcomes the Social welfare programme for children at risk with its Protocol on childhood in danger of 10 June 2004. It was concerned at the absence of a Plan of Action for combating and preventing the sale of children, child prostitution and child pornography.

15. In 2002, CRC noted with concern that children of seasonal workers residing illegally in Andorra may have difficulties in acceding health and education services. While welcoming the information that these children are in practice provided with emergency health care, It recommended that Andorra take the necessary steps to allow these children access to basic and other social services such as health care and education.

16. In 2002, while noting that corporal punishment in school is prohibited by law, CRC remained concerned that corporal punishment in the family is not expressly prohibited. It also noted with concern reports of episodes of bullying in schools. It recommended that Andorra undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, within the family and bullying in schools in order to assess the extent, scope and nature of these practices; develop awareness-raising campaigns in order to prevent and combat child abuse with the involvement of children; evaluate the work of existing structures and provide training to the professionals involved in this type of cases; effectively investigate cases of domestic violence and ill-treatment and abuse of children, including sexual abuse, within the family through a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy; and prohibit the practice of corporal punishment in the family and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children's rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child's human dignity and in conformity with the Convention.

17. In 2006, CRC noted that Andorra does not have armed forces and that consequently there is no legal regulation of voluntary or compulsory recruitment and that the absence of armed forces does not however exclude the possibility of individuals or groups undertaking efforts to recruit children for foreign armed forces or groups. CRC was concerned that the recruitment of children is not explicitly mentioned as a crime in Andorra's criminal code. It recommended that Andorra take the necessary legislative measures to criminalize recruitment of children and for this crime to be included in article 8, paragraph 8 of its Criminal Code, which establishes extraterritorial jurisdiction.

18. In 2002, CRC welcomed the reform of the juvenile justice system with the establishment of Judges for Minors, a new section for Minors within the judiciary, specialised services for juveniles under the Ministry of Justice and Interior, and the establishment of a Minors' Unit within the Police.

19. While noting the improvements in the juvenile justice system as a result of the enactment of the Qualified Law on Minors' Jurisdiction, which partially amends the Criminal Code and the Qualified Law on Justice of 22 April 1999, CRC was concerned that juveniles aged 16 and 17 years are treated as adults and can be sentenced to up to 15 years of imprisonment. It recommended that Andorra establish a juvenile justice system, which is in full compliance with the Convention, in particular by extending the applicability of the Qualified Law on Minors' Jurisdiction to all children up to the age of 18 at the time the offence was committed.

20. In 2006, CRC was concerned that the requirement of double criminality, both for extradition and for domestic prosecution of crimes allegedly committed abroad, limits the possibility of the prosecution of offences outlined in articles 1, 2 and 3 of the OP-CRC-SC and therefore limits the protection of children against these crimes. It recommended that Andorra amend its legislation in order to abolish the requirement of double criminality for extradition and/or prosecution of offences committed abroad.

21. CRC noted with appreciation that Andorra assumes extraterritorial jurisdiction as defined in article 8, paragraph 8, of the Criminal Code, including for sexual offences against minors, under the condition of the possibility of a sanction of imprisonment of six years and more. It was concerned that some sexual crimes do not carry a maximum penalty of more than six years. It was further concerned that extraterritorial jurisdiction does not always cover offences committed outside of Andorra by permanent residents. It recommended that Andorra review the existing provisions of the Criminal Code with a view to increasing the maximum penalties available, and to strengthening its extraterritorial jurisdiction and thereby the international protection of children against prostitution and pornography.

22. CRC noted the information on the Protocol of 10 June 2001 on children at risk, which, inter alia, contains recommendations for the protection of children victims of sexual abuse (including child prostitution and pornography) who are witnesses in criminal procedures. It welcomed the fact that these recommendations are supported by the judiciary and other relevant professional groups. It regretted however that the criminal procedure law does not contain specific provisions to protect child victims of sexual abuse or exploitation during criminal procedures.

23. In 2002, CRC noted with concern that the minimum age for marriage is 16 years of age, and 14 years of age with a judge's permission.

24. CRC noted with concern the negative impact on children whose parents both work during the week-end. It further noted the increase of single parent families46. It recommended that Andorra undertake studies on how parental week-end work affects children and on single-parent families in order to assess the extent, scope and nature of these problems; and develop appropriate measures to deal with these situations. It further recommended that Andorra take measures to establish more child-care services; effectively implement the Regulations for Child-care in Private Homes of 2001, including by training personnel and providing appropriate human and financial support; and ensure that child-care services promote early childhood development and meet the needs of working parents.

26. CRC recommended that further efforts be made to ensure the implementation of the principle of respect for the views of the child and that in this connection, particular emphasis should be placed on the right of the child to participate in the family, at school,and generally in society. The general principle should also be reflected in all policies and programmes relating to children and awareness-raising among the public at large as well as educational programmes on the implementation of this principle should be reinforced.

29. In 2002, noting the attention given by Andorra to children under 16 working in a family context, CRC was concerned that such work may interfere with the right to education. It recommended that Andorra continue and strengthen its efforts to ensure respect for the rights of children under 16 working in a family context, and particularly the right to education.

30. CRC expressed its concern about the health problems faced by adolescents within Andorra, including drug abuse, and the fact that they make little use of the health services available to them. In particular, it took note of the number of cases of anxiety and depression affecting children and of the fact that psychological treatments for children are not covered by the national security system. It recommended that Andorra continue with and expand the services provided by Consulta Jove; continue and strengthen its activities to prevent HIV/AIDS and STDs , drug and other substances abuse and unwanted pregnancies, and strengthen the programme of health education in schools; undertake a study on child mental health, in particular anxiety and depression, and take measures to prevent and combat them; and ensure that psychological treatments for children are covered by the national social security system.

31. CRC welcomed the international cooperation on behalf of children provided by the Principality of Andorra in cooperation with non-governmental organizations.

32. CRC noted with appreciation Andorra's international and bilateral technical cooperation activities aimed at preventing the involvement of children in armed conflicts.

Stakeholders Compilation

13. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment is lawful in the home. The Llei qualificada on adoption and other forms of protection of abandoned minors states that the purpose of parental authority is to protect the child's safety, health and morals, and that parents have a right and duty to care for, watch over, maintain and educate the child (articles 27-28) . The Criminal Code (2005, amended 2008) punishes domestic violence and physical ill-treatment, including physical assault which does not cause injury (articles 114 and 476), but there was no evidence that these provisions are interpreted as prohibiting all corporal punishment in childrearing. The qualified law on education (1993), the law regulating the Andorran educational system (1994), the regulations for private teaching centres (1994), the regulations for safety in schools (2000) and the law guaranteeing the rights of the disabled (2002) provide for the respect of freedom and basic rights, including the dignity of the person. In the penal system, corporal punishment is unlawful as a sentence for crimes but it is not explicitly prohibited as a disciplinary measure in penal institutions or in alternative care settings.

14. GIEACPC stressed that in its concluding observations on the state party's initial report in 2002, the Committee on the Rights of the Child expressed concern that corporal punishment is not prohibited in the family and recommended explicit prohibition together with information campaigns to promote non-violent discipline at all relevant levels of society.

15. GIEACPC highlighted the importance of prohibiting all corporal punishment of children, including "light" punishment, and strongly recommended that the Government enact and implement legislation to ensure complete prohibition.

21. ECRI encouraged Andorra to continue to provide mother-tongue and Catalan lessons in the country's three school systems and recommended that Portuguese lessons be offered during school hours. ECRI also encouraged the authorities to continue to provide schooling to seasonal workers' children and recommended that they pay special attention to these children.

22. ECRI recommended that Andorra ensure that the curricula in the three public school systems contain modules on teaching human rights in general, and issues concerning the fight against racism and racial discrimination in particular. On this matter, it recommended that they draw inspiration from ECRI's General Policy Recommendation No.10 on combating racism and racial discrimination in and through school education. ECRI recommended that Andorra ensure that teaching staff in all school systems receive initial and ongoing training in issues of racism and racial discrimination.

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 83.3 Consider withdrawing its declaration made upon ratification of the Convention on the Rights of the Child, and continue and complete its review of legislation to ensure full compliance with the Convention (Brazil);

A - 83.6 Take steps to improve cooperation with non-governmental organizations active in the protection of children at the national and international levels (Hungary);

A - 83.7 Take all necessary measures to fully implement the Convention on the Rights of the Child, including by prohibiting corporal punishment of children in all settings (Sweden);

A - 83.10 Continue to develop measures against domestic violence, maltreatment and abuse, including sexual abuse, and, as recommended by the Committee on the Rights of the Child, explicitly prohibit corporal punishment, not only in schools, but also in the family (Spain);

A - 83.11 Consider conducting studies on domestic violence, maltreatment and abuse within the family as well as intimidation at schools, in accordance with the recommendations made by the Committee on the Rights of the Child (Chile);

A - 84.16 Sign the Council of Europe Convention for the protection of children against exploitation and sexual abuse (Republic of Moldova);

No recommendations remain pending.

The following recommendations were rejected:

R - 85.2 Consider taking necessary steps to guarantee access to fundamental social human rights, such as health care and education, for foreign residents, including their children, regardless of their migratory status (Brazil).

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