ARMENIA: 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.

Armenia - 8th Session - 2010
6th May, 2.30pm to 5.30pm

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National Report

Compilation of UN information
Summary of Stakeholder compilation
Accepted and rejected recommendations

National Report

47. Issues relating to the organization of education and professional training of remand prisoners and convicts are still to be addressed. The organization of public education for juvenile convicts has already been resolved.

71. The 2008-2013 Strategy for Primary Health Care of the Population of the Republic of Armenia was adopted. Taking into consideration that primary health care is still considered a main priority, since 2006 the whole population, irrespective of the age and social status, has been included in this program (except for stomatological medical aid, which is provided free of charge only for socially vulnerable groups and children of up to eight years of age), as a result of which the average annual number of visits to out-patient policlinic establishments has significantly increased, reaching 2.8 per capita in 2006 as compared to 2.0 per capita in 2003.

73. The problem of the affordability of medical aid to children and women is emphasized in the package of state-sponsored general services developed within the framework of financial management system reforms, and a special attention is drawn to the annual target program for mother and child health care, according to which in-patient services for children under the age of seven and primary health care of children under the age of eighteen, as well as obstetric services are covered by the state-sponsored program. Around 93 per cent of women in Armenia receive professional aid and care in pre-natal period. Such services are to some extent more accessible in urban areas (96 per cent) than in rural settlements (89 per cent). Almost all women (97 per cent) give birth at medical establishments. Only two percent of women give birth at home, as compared to the nine percent in 2000. Medical aid and care for prenatal period and at birth are provided free of charge, within the framework of state health care target programs guaranteed by the State.

74. The State has financed health resort treatment of about 1052 children, including 697 children suffering from, and exposed to tuberculosis, and sponsored medical care of about 830000 children in out-patient clinics.

80. Article 39 of the Constitution stipulates that everyone shall have the right to education. In the Republic of Armenia basic general education is compulsory, except for cases prescribed by law.

81. Secondary education at state educational institutions is free of charge. There is also an opportunity for free education on competitive basis at technical and vocational secondary educational institutions, as well as at higher educational institutions.

82. In 1999, the Law of the Republic of Armenia “On Education” was adopted, according to which the right to education is ensured for everyone in the Republic of Armenia, irrespective of ethnicity, race, sex, language, religion, political or other views; legal equality between men and women is also ensured. The field of education is regulated by the laws of the Republic of Armenia "On Higher and Post-graduate Professional Education" (2004), “On Preliminary and Middle-level Professional (vocational) Education” (2005), "On Pre-school Education” (2005), “On Education of Persons with Special Educational Needs" (2005), and “On Public Education” (2009).

83. In Armenia, primary education is not a matter of concern; the enrolment rate in primary school is considerably high: the literacy rate is 99.5 per cent.

84. The primary purpose of the educational reforms carried out during the last decade is to increase the quality of education by ensuring efficient functioning of the system, and to ensure equal opportunities for citizens to obtain education according to their aspirations and competences.

85. In the field of education the state guarantees, inter alia, the following principles: the humanitarian nature of education; priority of national and universal values, human life and health; free and comprehensive development of an individual; importance of civic consciousness; respect to an individual and for his or her rights and freedoms; dignity; patriotism; hard work; responsibility; tolerance; shaping an environmental outlook.

86. As of 2007, there were 1417 state schools functioning in the Republic, of which 9 were elementary, 154 - basic (grades 1-9), and 1169 – secondary. Currently, there are 48 separate high schools in the Republic.

87. In the field of public education, importance is attached to improving the education of children with special educational needs; the education, upon the choice of the parents, may be pursued both in general public schools (49 schools) and in special establishments with special curricula.

88. In 2005, the Government of the Republic of Armenia approved the Concept for Inclusive Education, which is aimed at specifying the key issues of organizing education of children with special educational needs in public schools and of the reforms of special education.

108. Armenia has ratified the most important international instruments relating to the rights of the child.

109. This sphere is mainly regulated by the Law of the Republic of Armenia "On the Rights of the Child" (1996). The Family Code of the Republic of Armenia clearly stipulates: “The State shall ensure the primary protection of the rights of children.” Sections 4-6 of the Family Code regulate the protection of rights and lawful interests of children. A number of articles in the Labor Code of the Republic of Armenia envisage the procedure for, and the conditions of hiring minors. Chapter 14 of the Criminal Code of the Republic of Armenia regulates the criminal liability of juveniles and specifications of sanctions.

110. The National Commission for the Protection of Children is the body responsible for the protection of children in Armenia. It is an advisory body, the activities of which are aimed at fostering the implementation of the uniform national policy on the protection of child’s rights and interests, as well as at the development of the child protection system.

112. In 2003, the Government approved the 2004-2015 National Plan on the Protection of the Rights of the Child, within the framework of which the following programs, inter alia, have been implemented: “State support to the Graduates of Orphanages of the Republic of Armenia” for the period of 2004–2015; “Organization of Child Care in Orphanages” for the period of 2004-2015; “De-institutionalization of Children from Orphanages” for the period of 2004-2015, “Introduction of the Foster Care Institution”; “Creation of a Databank of Foster Families”; “Creation of Twenty-five Day-care Community Centers for Children.”

113. Since 2001, child development and child day-care community centers have been established by the efforts of the state and non-governmental organizations. At present, children and juniors with disabilities and social-psychological problems benefit from the services provided by these centers, the activities of which are mainly directed at supporting the social integration of children in especially difficult circumstances.

114. Some improvements have been registered also with regard to street children. At present, due to the cooperation with different international and local organizations, drastic reduction in the number of vagrant juveniles has been registered in Armenia.

115. Seminars on different legal issues, including violence, are organized in general education schools through interactive learning with direct participation of teachers and policemen. These seminars enable juveniles to learn and know their rights and responsibilities, be aware of the legalization of the Republic of Armenia.

143. Armenia attaches great importance to the exercise of the national minorities’ children’s right to education and organization of their education in their native languages. Since 2007, launching of groups in pre-school institutions comprised of children of the national minorities is permitted for the number of children being 8-10, whereas the number of children in a standard group is set at 25-30.

UN Compilation

10. CRC welcomed the adoption of the National Plan of Action for the Protection of Children’s Rights 2004-2015; the Strategic Programme to Overcome Poverty 2004-2015; and the approval of the National Strategy to Combat HIV/AIDS in 2002.27 According to a 2008 World Bank report, Armenia approved the second Poverty Reduction Strategy Paper in 2008.28

17. In 2004, CRC remained concerned at persistent de facto gender discrimination and discrepancies in the enjoyment of rights by vulnerable groups, including children with disabilities, refugee children, children living in rural areas, children from poor families, street children, and children living in institutions.42 It was concerned that children with disabilities are often institutionalized. It regretted that access to mainstream and special education remained limited.43

29. CRC encouraged Armenia to adopt legislation and measures to prevent violence against children, including corporal punishment. It recommended strengthening programmes for recovery and reintegration of abused children and establishing procedures and mechanisms to receive complaints, monitor, investigate and prosecute cases of ill-treatment.62

30. The UNCT stated that Armenia is a country of origin for women and girls trafficked for sexual exploitation and for men trafficked for forced labour. It is also, to a lesser extent, a transit and a destination country.63 CEDAW was concerned about the growth in human trafficking and insufficient measures to address its main causes, such as economic hardship and gender inequality. It was further concerned about the lack of protection for women at risk of trafficking, limited support and lack of shelters for the victims, and stigma against them.64 CRC was concerned that refugee children and children living in orphanages may be particularly at risk.

65 CRC recommended, inter alia, establishing services and programmes for victims; further research on the occurrence of child trafficking and strengthening regional cooperation with countries to which Armenian children are trafficked.66

31. CEDAW requested Armenia to strengthen measures to address factors driving women and girls into prostitution, to create services for rehabilitation and reintegration, to support women who wish to leave prostitution, abolish the administrative liability imposed on them, and to address the demand for prostitution.67 CRC reiterated its concern at the absence of a comprehensive approach to prevent and combat sexual exploitation of children. It was deeply concerned that persons under 18 engaged in prostitution are prosecuted under the Criminal Code.68

32. CRC reiterated that Armenia should establish mechanisms to ensure that street children are provided with identity documents, nutrition, clothing and housing; access to health care; reintegration services for physical, sexual, and substance abuse; services for reconciliation with families; comprehensive education; and access to legal aid.69

34. CRC reiterated its concern about the absence of a system of juvenile justice. It was also concerned about the length of pretrial detention and the limited access to visitors during this period; the use of detention not as a measure of last resort, and the often disproportionate length of sentences; conditions of detention; and the absence of facilities for the recovery and social reintegration of juvenile offenders.71

36. CRC was concerned at the serious lack of community-based services to assist families in difficult circumstances and to prevent the separation of children from their parents.73 It also restated its concern about the lack of adequate and systematic review of the conditions of children living in institutions.74

37. CRC further recommended that Armenia ensure effective mechanisms to review, monitor and follow up adoption of children, and that the Adoption Act is in full conformity with the Convention.75

38. CRC was concerned at the extent of non-registration of births in Armenia, seemingly connected with the increasing number of births at home and the difficulty of travelling to regional centres from remote areas.76

47. CRC recommended that Armenia ensure effective implementation of the minimum employment age in the Labour Code, and of provisions prohibiting heavy and hazardous work for children. A national mechanism to monitor implementation at State and local levels should be established.95

50. CRC reiterated its concern regarding the deterioration in the health system in Armenia following cuts in public expenditure, that infant and maternal mortality rates remained high and an increasing number of children and mothers suffered from malnutrition due to rising food prices and poverty. It was also concerned about growth in tuberculosis morbidity among children.101

51. CRC was concerned about the lack of knowledge about HIV/AIDS among young people, welcoming in this regard legislative measures taken in the area of reproductive health and HIV/AIDS prevention.102 The UNCT indicated a need for strong Government commitment with regards to budget allocations for HIV response.103

52. CRC noted with concern that old water pipes and failures in the water supply system had led to contamination of drinking water and serious outbreaks of infectious diseases.104

53. CRC recommended that Armenia develop a national drug control plan, or a Master Plan, with guidance from the United Nations Drug Control Programme and urged it to ensure that child drug abusers are not criminalized, but treated as victims needing assistance towards recovery and reintegration, and to develop preventive and reintegration programmes for child victims of substance abuse.105

58. CRC was concerned that the education budget remained low, and that low wages have forced teachers to offer private tuition, creating a two-tier system of education.111 A 2008 UNICEF report indicated that rapidly increasing student absenteeism and dropout rates, also of concern to CRC,112 were closely linked to child labour and the quality of education in Armenia.113

73. CRC recommended that Armenia seek cooperation with relevant United Nations agencies and NGOs with regard to child labour,130 drug use,131 and migration.132

Stakeholder Information

21. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment was lawful in the home, and that there were reports of a high prevalence of physical abuse in families. It further noted that corporal punishment was unlawful in schools and in the penal system. However, there was no prohibition in alternative care settings.34 GIEACPC recommended that the Government enact and implement legislation to ensure complete prohibition of corporal punishment.35

25. JS2 noted that juvenile justice issues were not properly addressed in Armenia. Although Armenian legislation envisaged several essential standards regarding juvenile justice, issues of prevention, alternative punishments and rehabilitation for juvenile offenders remained unsolved. There were reported cases of physical abuses of juveniles when they enter the criminal justice system. There were no special standards of interrogation of juveniles who were suspects, accused, witness and victims, nor were there special court procedures for juveniles nor well-established alternatives to deprivation of liberty.41

55. JS2 recommended that Armenia ensure conditions and mechanisms for the realization of children’s constitutional right to education, and that the State hold officials responsible for failing to take measures to ensure the right to primary and secondary education for children.96

Accepted and Rejected Recommendations

The following recommendations were accepted by Armenia:

93. A - 93.13. Expand the prorgramme to prevent the spread of HIV/AIDS, in particular in remote areas (Kyrgyzstan); continue its efforts to promote public knowledge about HIV/AIDS, particularly among young people (Islamic Republic of Iran);

A - 93.14. Continue to work to protect the rights of the child (Kyrgyzstan);

A - 93.15. Continue its efforts to address discrepancies in the enjoyment of rights by vulnerable groups, including children with disabilities, refugee children and children living in rural areas (Islamic Republic of Iran);

A - 93.24. Continue its efforts with regard to the trafficking in human beings, through the elaboration of the third national action plan for 2010-2012, and take further steps to improve assistance to the victims of trafficking (Bosnia and Herzegovina); reinforce measures aimed at punishing and preventing the trafficking in persons and supporting victims (Argentina); fulfil its intention to develop and adopt a national programme for 2010-2013 to counter the trafficking in persons, and actively cooperate in the international arena on that issue (Belarus); actively pursue efforts to prevent trafficking, including through information campaigns for the general public, including children, aimed at promoting awareness of the dangers associated with all forms of trafficking and to ensure protection and assistance for the victims of trafficking, with full respect for their human rights (Germany); strengthen research on the occurrence of child trafficking and regional cooperation with countries to which Armenian children are trafficked (Poland); build on its existing legal framework by devoting additional resources to providing assistance to victims of trafficking (Canada); establish special services and reintegration programmes for victims of trafficking (Poland);

A - 93.25. Intensify efforts to prevent and combat violence against children, including corporal punishment (Brazil); adopt specific legislation punishing violence against children, including the prohibition of corporal punishment; move forward in taking the measures necessary for the registration of the highest possible number of births; support educational policies aimed at enabling girls to continue their education and eliminating stereotypes regarding gender roles; initiate awareness-raising programmes, particularly in rural areas, in order to change the tendency to value child labour more than education, and encourage access for minority children to education in their mother tongue (Uruguay);

A - 93.38. Pursue the policy aimed at improving the position and participation of women in public life, and promote programmes for the protection of the rights of children (Algeria); consider further measures to improve and encourage women's participation in society, and ensure that such measures include benchmarks with timetables or increased quotas and that their implementation is closely monitored (Norway);

A - 93.39. Ensure the effective implementation of the minimum employment age set out in the Labour Code and of provisions prohibiting heavy and hazardous work for children (Holy See);

A - 93.41. Continue its efforts in these fields to improve access to education and health and to promote the rights of women and children (Lebanon);

A - 93.42. Continue to implement programmes aimed at guaranteeing quality education and health services to its population, at all levels (Cuba);

A - 93.44. Continue its efforts to reduce maternal and infant mortality, saving mother and child (Holy See);

A - 93.45. Continue to support children's homes (Kyrgyzstan);

A - 93.46. Establish effective mechanisms to address the problems faced by street children (Kazakhstan);

A - 93.47. Ensure that children belonging to all minority groups have equal access to education (Austria); adopt measures to ensure access for minority groups, especially children, to education in their mother tongue (Azerbaijan);

A - 93.48. Continue to promote human rights education in school curriculums at all levels (Djibouti);

A - 93.49. Ensure the integration of human rights into all school curriculums, and train law enforcement officers in human rights (Libyan Arab Jamahiriya);

A - 93.51. Continue the consistent and successful policy aimed at ensuring the rights of all national minorities residing in the country, as well as support for their social, educational, informational and cultural needs (Belarus);

94. A - 94.11. Adopt legislation and measures to prevent violence against women and children, including through the strengthening of its monitoring mechanism (Indonesia);

A - 94.13. Intensify measures to address factors driving women and girls into prostitution (Poland);

A - 94.14. Continue efforts to prevent and combat the sexual exploitation of children (Brazil);

A - 94.19. Strengthen efforts to establish a system of juvenile justice in compliance with international standards, and take specific measures to protect the rights of children and persons in detention or in prison (Czech Republic);

No recommendations were rejected by Armenia

No recommendations are pending by Armenia

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Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.