ANDORRA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, February 2002)

The Committee expresses its concern at the lack of data and information on child abuse and neglect. Further, while noting that corporal punishment in school is prohibited under law, it remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools.

In light of article 19, the Committee recommends that the State party:

(e) 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, especially articles 19 and 28.2. (Paragraphs 39 and 40)

Universal Periodic Review (November 2009)

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); (accepted)

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); (accepted)

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Child abuse and neglect (including domestic violence)

UN Committee on the Rights of the Child (Concluding Observations, February 2002)

The Committee expresses its concern at the lack of data and information on child abuse and neglect. Further, while noting that corporal punishment in school is prohibited under law, it remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools

In light of article 19, the Committee recommends that the State party:

(a) 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;

(b) Develop awareness-raising campaigns in order to prevent and combat child abuse with the involvement of children;

(c) Evaluate the work of existing structures and provide training to the professionals involved in this type of cases;

(d) Investigate effectively 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; (Paragraphs 39 and 40)

UN Committee on the Rights of the Child (OPSC Concluding Observations, March 2006)

The Committee notes 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 involved in criminal procedures as witnesses. It welcomes the fact that these recommendations are supported by the judiciary and other relevant professional groups. The Committee, however, regrets that the criminal procedure law does not contain specific provisions to protect the child victim of sexual abuse or exploitation involved in criminal procedures as a victim.

The Committee recommends that the State party amend the criminal procedure law with a view to including the necessary provisions for the child victim who is, as witness involved in criminal procedures in accordance with article 8 of the Optional Protocol. It further recommends that the State party be guided in this respect by the United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (ECOSOC resolution 2005/20). (Paragraphs 18 and 19)

Universal Periodic Review (November 2009)

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); (accepted)

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); (accepted)

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Inadequate access to health and social services for children of illegal residents

UN Committee on the Rights of the Child (Concluding Observations, February 2002)

The Committee notes with concern that children of seasonal workers residing illegally in the State party may have difficulties in acceding health and education services.

In light of article 2 of the Convention, the Committee, while welcoming the information that the children of seasonal workers residing illegally in the State party are in practice provided with emergency health care, recommends that the State party take the necessary steps to allow these children access to basic and other social services such as health care and education. (Paragraphs 28 and 29)

Universal Periodic Review (November 2009)

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). (rejected)

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Declaration on articles 7 and 8 of the CRC (on nationality)

UN Committee on the Rights of the Child (Concluding Observations, February 2002)

The Committee is concerned at the State party's declaration on articles 7 and 8 of the Convention made upon ratification of the Convention but welcomes the information by the delegation of the State party regarding its possible withdrawal.

The Committee encourages the State party to withdraw its declaration made upon ratification of the Convention as soon as possible. (Paragraphs 10 and 11)

Universal Periodic Review (November 2009)

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); (accepted)

Countries

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