ARMENIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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UN Human Rights Committee
(CCPR/C/ARM/CO/2-3)
Last reported: 16 and 17 July 2012

Concerns raised:

  • Sex selective abortion: The Committee is concerned about the rising practice of sex-selective abortions reflecting a culture of gender inequality. (arts. 2, 3, and 26).

    The State party should adopt legislation to prohibit sex selection and tackle the root causes of prenatal sex selection through the collection of reliable data on the phenomenon, the introduction of mandatory gender-sensitivity training for family planning officials, and the development of awareness raising campaigns among the public. (Paragraph 9)

  • Juvenile justice system: The Committee is concerned at the limitations of the juvenile justice system, in particular the limited number of specialised judges, and the absence of information about special laws, procedures and court rooms. The Committee is also concerned at the absence of facilities for the physical and psychological recovery and social reintegration of juvenile offenders (arts. 14 and 24).

    The State party should pursue its efforts to guarantee that the juvenile criminal justice system is provided with the necessary material and human resources. In this perspective, the State party should ensure that all professionals involved in the juvenile justice system are trained in relevant international standards, including the United Nations guidelines on justice in matters involving child victims and witnesses of crime (Economic and Social Council resolution 2005/20). The State party should also create specialised structures for the physical and psychological recovery and social reintegration of juvenile offenders. (Paragraph 23)

(CCPR/C/79/Add.100)
Last Reported: 26 October 1998
Concluding Observations Adopted: 2 and 4 November 1998

Concerns Raised:

  • Street Children: The Committee is concerned as to the existence of the phenomenon of street children in Armenia.

    The Committee urges the state party to:

    (a) Address this issue under article 24 of the Covenant. (Paragraph 17)

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/ARM/CO/2-3)

Last reported: 7 May 2014

Concluding Observations adopted: 23 May 2014

Concerns raised:

Institutionalisation: The Committee is concerned that the rate of institutionalisation of children, the majority of which have families, remains very high.The Committee is concerned that families, while maintaining parental rights, place their children in boarding schools and child care institutions due to economic hardship and because of their inability to cover the costs associated with covering the children’s basic needs. (paragraph 19)

The Committee recommends that the State party:

(a) Strengthen social and financial support to families in situations of vulnerability , including by providing adequate child benefits targeting families living in extreme poverty and thus allowing them to avoid placing children in boarding schools and children’s homes for economic reasons;

(b) Accelerate its efforts to provide alternative family and community-based care systems and ensure that institutional care is used only as a measure of last resort;

(c) Introduce independent monitoring of the rights of children in institutions under the Ministry of Education and Science, the Ministry of Labour and Social Issues, and the authority of regional governments.

Corporal punishment: The Committee remains concerned about the protection of children against corporal punishment (article 10).  (paragraph 19)

The Committee recommends that the State party prohibit the corporal punishment of children in all settings and sanction perpetrators.

Abortion: The Committee is concerned that the State Party has one of the highest levels of male births, compared with female births observed anywhere in the world, as a result of sex-selective abortions. The Committee also remains concerned that the rate of abortion is high while information on, and availability of, contraception is limited (art. 3,10, 12).  (paragraph 22)   

The Committee recommends that the State party:

(a) Take proactive and preventive measures against sex-selective abortions, including legislative, administrative and other necessary measures; in consultation with women, reproductive health personnel and anyone else of relative interest.

(b) Make contraceptives available, accessible and affordable to all women and men in their reproductive age, including adolescents, as well as providing comprehensive, age-appropriate sexual and reproductive health education;

(c) Adopt measures to accelerate the elimination of discrimination against women and girls; in particular by addressing practices and social norms fueling son preference;

(d) Conduct comprehensive studies to identify the root causes of sex-selective abortions and discrimination against women and provide, in its next report, yearly plans to combat such abortions, taking on board the recommendations of the UN specialised agencies of 2011.

Education: The Committee is concerned about the poor condition of many school buildings, despite the allocation of a dedicated budget for this purpose. The Committee is also concerned about the fact that high-school students frequently need to seek private tutors, to help them reach the level required to gain entry to higher education institutions; as this in turn leads to disparities in enrolment rates, based on socio-economic background and limits future social mobility (art. 13).  (paragraph 23)

The Committee recommends that the State party:

(a) Use the resources allocated to improve school infrastructure more effectively, in response to the needs of students and teachers;

(b) Reinforce efforts to ensure that poverty does not negatively affect a child’s education or future work prospects.

Disabilities: The Committee is concerned about the significant proportion (18%) of children with disabilities who do not have access to formal education. The Committee is also concerned that inclusive education has not yet been fully implemented. It is also concerned about the limited access persons with disabilities have to cultural activities and the internet (art. 2, 13, 15). (paragraph 24)

The Committee recommends that the State party:

(a) Take additional measures to expand general accessibility for persons with disabilities, particularly in regards to, education institutions, transportation and cultural sites; and to provide “reasonable” accommodation for persons with disabilities;

(b) Accelerate the implementation of inclusive education for all children with disabilities.

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(E/C.12/1/Add.39)

Last Reported: 22 and 23 November 1999
Concluding Observations Adopted: 1 December 1999

Concerns raised:

Education: The Committee notes with concern the marked decline in the percentage of government allocations for education relative to allocations for other sectors. The Committee is also concerned about the increase of the fee-paying educational sector.

The Committee urges the State party to:

(a) Take measures to ensure that the quality of the Armenian education system is monitored and guaranteed, particularly in private educational institutions, which have increased in number. (Paragraphs 16 and 20)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/ARM/CO/7-11

Last reported: 29 December 2015

Concluding Observations issued: 31 May 2017

Issues raised:

Access to education: The Committee notes with appreciation the State party’s efforts to make preschool education available to all children, as well as other efforts to increase minority groups’ access to education. The Committee nevertheless remains concerned at the lack of disaggregated statistical data on how many members of minority groups complete and drop out of both primary and secondary school and how many enrol in university (art. 5). (Para.19)

The Committee recommends that the State party collect data and monitor access to primary, secondary and tertiary education by members of minority groups. Recalling its general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee further recommends that the State party strengthen and implement special measures, if needed, to increase the number of children of ethnic minority groups who attend school and reduce the number of such children who drop out of school. It recommends that the State party continue its efforts to increase the number of teachers from minority communities, including by facilitating their access to training courses. (Para.20).

Minority women and girls: Noting the amendments made in 2013 to article 10 of the Family Code, which raised the legal minimum age of marriage for women from 17 to 18, the Committee remains concerned at reports that child marriage remains frequent in the Yezidi community and that rates of unregistered marriages are high (arts. 2 and 5). (Para 23)

The Committee invites the State party to consider further reforming its legislation to exclude exceptions that allow for child marriage and to take all necessary steps to secure the registration of all marriages. (Para. 24)

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(CERD/C/ARM/CO/5-6)

Last Reported: 28 February 2011 and 1 March 2011
Concluding Observations Adopted: 10 March 2011

Concerns Raised

  • Education: While commending the efforts undertaken by the State party in the area of education for national minorities, including the provision of education in their languages and courses on their native languages and literature, the Committee regrets that effective enjoyment of the right to education is not guaranteed for all children from national minorities and other vulnerable groups, such as refugees and asylum-seekers, and that very few of them achieve higher education despite the implementation of measures such as affording priority to candidates from national minorities who have passed the university entry exams. (art. 5)

    The Committee encourages the State party to:

    (a) Expand the implementation of the sample curriculum of general education schools of national minorities and the training of national minorities teachers;

    (b) Consider providing language support in pre-school education in areas with compact minority population so as to facilitate the integration of minority pupils into mainstream education;

    (c) Increase efforts to promote access to higher education for children from national minorities and other vulnerable groups.

    (d) Provide detailed information, including disaggregated statistics on enrolment in primary, secondary and higher education of members of national minorities and other vulnerable groups in its next periodic report. (Paragraph 15)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/ARM/CO/5-6

18 November 2016

Access to justice and legal complaint mechanisms: The Committee welcomes the free legal services provided to women by the Office of the Public Defender, such as for family matters, heritage, property, mediation and arbitration. The Committee however notes with concern the lack of state financial resources limiting the scope of the services of the Public Defender. The Committee is also concerned by the failure of the Compulsory Enforcement Service of the Ministry of Justice to enforce court decisions on child custody, as well as stigmatization and discrimination faced by women claiming violations of their rights, including when they file complaints with the police and public prosecutors (para 10).

The Committee recommends that the State party ensure the systematic and effective enforcement of court decisions by increasing the human, technical and financial resources of the Compulsory Enforcement Service of the Ministry of Justice, imposing appropriate sanctions and awarding compensation to the aggrieved party in case of delayed or non-enforcement of child custody decisions (para 11).

Gender-based violence against women: The Committee remains concerned about the delay in the adoption of a comprehensive law on the prevention, prohibition and prosecution of gender based violence against women. The Committee recommends that the State party allocate adequate human, technical and financial resources to the recently established special police division to address gender-based and sexual violence against women and children (paras 16, 17).

Trafficking and exploitation of prostitution: The Committee remains concerned about the lack of measures to address the root causes of trafficking in persons, in particular women and girls, and exploitation of prostitution, such as poverty and discriminatory gender stereotypes. The Committee recommends that the State party adopt a comprehensive state policy to address the issue of trafficking in persons and exploitation of prostitution of women and girls (paras 18, 19).

Employment and economic empowerment: The Committee notes with concern the low representation of women in management positions and the persistent gender wage gap. It is also concerned by the existence of a list of professions declared dangerous for women, which reinforces discriminatory stereotypes and occupational segregation.         The Committee recommends that the State party abolish the list of jobs and professions dangerous for women, minors, and people with limited capabilities for work, contained in decision N 2308-N of December 29 2005; Create more opportunities for women to gain access to formal employment, including by promoting the equal sharing of domestic and family responsibilities between men and women, providing sufficient and adequate childcare facilities, provide a regulatory framework for the informal sector and ensure that women in this sector have access to social protection, maternity protection and childcare support (paras 24, 25).

Health: The Committee notes with concern Women’s limited access to basic health-care services and sexual and reproductive health services, including modern contraceptives, and to the treatment of cancer of reproductive organs, in particular for rural women, women with disabilities, women from ethnic minorities, and adolescent girls. The Committee recommends that the State party continue efforts to make affordable contraceptives accessible and available to all women and girls, in particular to those living in poverty and in rural or remote areas (paras 26, 27).

Sex-selective abortion: The Committee notes the amendment of the Law on Human Reproductive Health and Reproductive Rights in August 2016, prohibiting sex-selective abortions, introducing counselling, as well as a three day period of reflection before the final decision for women who applied for abortion and defining procedures for medical staff acting against this legislation. The Committee recommends that the state party ensure that the practice of sex-selective abortion is immediately halted through measures such as broader gender equitable policies and support for families with girls, as suggested in the 2012 study on “Sex Imbalances at Birth: Current trends, consequences and policy implications” conducted on the initiative of the Ministry of Health (paras 28, 29).

Women, peace and security: The Committee notes the large number of women and girls affected by the Nagorno Karabakh conflict and is concerned by their situation, especially the internally displaced women and girls, who remain in a vulnerable situation, in particular with regard to access to education, employment, health and housing and protection from all forms of violence. The Committee recommends the State party address the specific needs of women affected by the conflict in terms of access to education, health and economic opportunities, in line with General Recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations (paras 32, 33).

Persons with disabilities: The Committee also notes with concern the discrimination faced by women and girls with disabilities in the access to education, employment and health care, about their exclusion from public and social life, and from decision-making processes. The Committee recommends that the State party implement awareness raising campaigns and provide capacity building for State officials on the rights and special needs of women and girls with disabilities (paras 36, 37).

Women from ethnic minorities: The Committee is however concerned by early marriage in Yezidi and Molokan communities, school drop out of girls from these communities and difficulties in the access to health and other state services. The Committee recommends the State party take all appropriate measures – including temporary special measures, where needed – to combat all forms of discrimination against women belonging to ethnic minorities so as to ensure their equal access to justice, education, health, social security and social services, housing and employment (paras 40, 41).

Marriage and family relations: The Committee remains concerned with the persisting option to defer from this rule on cultural, ethnic and other grounds. The Committee is also concerned that women and their children in de facto unions are left without any form of legal protection for economic matters upon termination of such a union. The Committee recommends that the State party include in the next periodic report statistical data disaggregated by sex and ethnicity on the exceptions that have been approved for the celebration of marriage before the age of 18; Remove the possibility to approve exceptions to the minimum age of marriage at 18, in accordance with article 16 of the Convention and the Committee’s general recommendation No. 21 (paras 46, 47)

(CEDAW/C/ARM/CO/4/Rev.1)

Last Reported: 23 January 2009

Concerns Raised

  • Legal Age for Marriage: The Committee reiterates the concern expressed in the Committee's previous concluding observations (A/57/38) and in the Committee on the Rights of the Child's concluding observations (CRC/C/15/Add.225) that the different minimum legal age for marriage, set at 18 for men and 17 for women, constitutes discrimination against women.

    The Committee urges the State party to:

    (a) Ensure that the minimum age of marriage is raised for women to 18, and to remove any exceptions to this minimum age, in accordance with article 16 of the Convention and the Committee's general recommendation No. 21. (Paragraphs 14 and 15)

  • Trafficking and exploitation of prostitution: While welcoming the measures taken by the State party to combat human trafficking, including through amendments to the Criminal Code criminalising trafficking in persons for both labour and sexual exploitation and the adoption of the 2007-2009 national action plan to combat human trafficking, the Committee is concerned about the growth in the phenomenon and the fact that there are insufficient measures to address the main causes of trafficking such as economic hardship and prevalence of the stereotypical gender roles and gender inequality. It is further concerned about the lack of protection for women at risk of trafficking, limited support and lack of shelters for the victims, and that the stigma these women are facing hampers their reintegration into society. The Committee regrets the very limited data with regard to the trafficking of women and teenagers for sexual exploitation and is particularly concerned by the absence of information regarding the outcome of the various measures taken in this regard.

    The Committee calls upon the State party to:

    (a) Effectively implement its national action plan to combat trafficking in persons for the period 2007-2009;

    (b) Effectively enforce article 132 of the Criminal Code;

    (c) Take measures addressing the main causes of trafficking in order to further curb the phenomenon;

    (d) Further expand its funding for shelters for victims of both gender-based violence as well as of trafficking, which it has initiated in 2009, and take all the necessary steps to ensure the rehabilitation and social reintegration of victims of trafficking. (Paragraphs 24 and 25)

  • Education: While noting that primary and secondary education in State educational institutions is free of charge, the Committee is concerned that, owing to a number of factors including significant poverty and social stereotypes concerning women's roles and responsibilities, there is a relatively high dropout rate especially of rural girls of ethnic minorities and underrepresentation of female students at doctoral level in institutions of higher education. The Committee is also concerned at the continuing concentration of women in traditional female subjects. The Committee is further concerned at the low number of women in academia, as professors, senior lecturers and researchers, and at the decision-making levels in the area of education.

    The Committee urges the State party to:

    (a) Address the obstacles which hamper girls in continuing their education;

    (b) Hold seminars and awareness-raising activities with a focus on helping parents to understand the important role of education for girls;

    (c) Implement special measures to allow girls and women who have dropped out of school to re-enter the education system in an age-appropriate classroom environment;

    (d) Continue to review all school textbooks to eliminate gender-role stereotypes, and to implement programmes encouraging girls to enter non-traditional study courses;

    (e) Adopt policies to increase the number of women holding positions in doctoral studies, at the highest levels of academia, as research specialists particularly in scientific fields and in decision-making positions at all levels of education. (Paragraphs 30 and 31)

  • Health Care: The Committee is concerned about the insufficient access to adequate general health-care services as well as reproductive health-care services for women, especially those living in rural and remote areas, and that the rates of abortion have in fact risen, so that it still seems to be one of the most widespread methods of family planning within the State party. The Committee is also concerned about the high rate of teenage pregnancies and regrets the lack of data in regard to number of deaths due to illegal abortions.

    The Committee urges the State party to:

    (a) Continue to take measures to improve women's access to general health care, and to reproductive health-care services in particular;

    (b) Increase its efforts to improve the availability of sexual and reproductive health services, including family planning, to mobilise resources for that purpose and to monitor the actual access to those services by women;

    (c) Promote family planning and reproductive health education targeted at girls and boys, with special attention to the prevention of early pregnancies of underage girls including the control of sexually transmitted diseases and HIV/AIDS. (Paragraphs 34 and 35)

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UN Committee against Torture
 

CAT/C/ARM/CO/4

Last reported: 16 October 2015

Concluding observations issued: 5 December 2016

Issues Raised:

Juvenile Justice:

The Committee reiterates its concern about the absence of comprehensive juvenile justice system. It is further concerned about limited educational rehabilitation programs and shortage of qualified officers specially trained to work with juveniles that could account to the high rate of young adult offenders (45 per cent in 2015) and about the continued use of solitary confinement as a disciplinary sanction for up to 10 days, in contradiction with international standards. The Committee notes that relevant measures are contained in the draft Criminal Procedure Code, but regards that the draft in its current form does not contain provisions abolishing solitary confinement or imposing an obligation to use audio and video recording during interrogations of juveniles (para. 37).

The State party should consider establishing an effective, specialized and well-functioning juvenile justice system in compliance with international standards, including 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); Pursue and improve training on juvenile justice matters for all professionals involved in the juvenile justice system and ensure that such training covers not only relevant international standards including the UN Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime, but also practical and relevant training courses on specific topics such as conduct of interrogations in respect of juvenile offenders, witnesses or victims; integrate the so-called progressive approach of the sentence involving motivational measures and not only punishment; bring its legislation and practice on solitary confinement into line with international standards by abolishing solitary confinement of juveniles as a disciplinary measure, both in law and practice; strengthen existing and develop new educational and rehabilitation programs aimed at reducing juvenile recidivism and encouraging pro-social behaviour, address the shortage of qualified officers specially trained to work with juveniles and provide adequate extra-regime activities condusive to their social integration (para. 38).

Violence against Children:

The Committee is concerned about reports of violence and ill-treatment of children in special schools and closed or partially closed institutions such as the Vanadzor Children’s Home and the Vanadzor Care and Protection Centre and about the reported denial of access for human rights non-governmental organizations to places of detention and special schools under the Ministry of Education and Science (para. 39).

The State party should provide effective protection against all forms of abuse, violence or ill-treatment of children in special schools and closed or partially closed institutions; investigate such allegations and bring perpetrators to justice; and ensure access of specialized NGOs to these institutions to monitor conditions therein (para. 40).

 

CAT/C/ARM/CO/3

Last reported: 10 / 11 May 2012

Concluding Observations issued: 6 July 2012

Issues raised:

Violence: The Committee is concerned by the reported extent of physical and sexual violence against women. Furthermore, it is concerned that women rarely report ill-treatment and violence against them to the police. The Committee is particularly concerned by reports that there are no State-funded shelters available for women victims of domestic violence, which is not criminalized in the State party. The Committee regrets that the State party did not provide information on reparation and compensation, including rehabilitation, provided for victims of violence against women. While noting favourably that various national action plans for combating trafficking in human beings have been adopted during the period under consideration, the Committee is concerned by reports that Armenia remains both a source and destination country for women and girls subjected to trafficking (arts. 2, 12, 13 and 16). Para 18.

The State party should strengthen its efforts to prevent, combat and punish violence against women and children, in particular domestic violence, inter alia, by amending its criminal legislation to make domestic violence a separate crime, conducting awareness-raising campaigns and training on domestic violence for law enforcement personnel and for the public at large, and providing victims of violence with immediate protection and redress, in particular rehabilitation.

It should also create adequate conditions for victims of violence against women, including domestic violence and trafficking, to exercise their right to make complaints. It should thoroughly investigate all allegations of domestic violence and trafficking, and prosecute and punish all perpetrators.

The Committee recommends that State party ensure the implementation of the 2008 National Referral Mechanism for Trafficked Persons and provide services for victims of trafficking, including those relating to provision of shelter, access to professional medical and psychological assistance, and training programmes.

 

Juvenile justice:  The Committee regrets the absence of juvenile justice, including juvenile courts. The Committee notes the establishment of a public monitoring group, consisting of representatives of non-governmental organizations, mandated to carry out monitoring of special boarding schools. However, the Committee is concerned about the reported practice of holding juvenile detainees in solitary confinement for up to 10 days as a disciplinary sanction at such special schools (arts. 11, 12 and 16). Para 21.

The Committee encourages the State party to establish a juvenile justice system, and particularly to establish a specialized juvenile division or jurisdiction with judges with professional competence to deal with juvenile cases and other judicial staff, and ensure its proper functioning in compliance with international standards. The State party should closely monitor the situation of special schools to ensure that children are not subjected to intimidation, ill-treatment or violence. The State party should limit the use of solitary confinement as a measure of last resort, for as short a time as possible under strict supervision and with a possibility of judicial review. Solitary confinement of juveniles should be limited to very exceptional cases.

 

(CAT/C/43/Add.3)

Last Reported: 14, 15, and 17 November 2000

There was no mention of children's rights in this report

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/ARM/CO/1

Last reported: 21 January 2013

Concluding observations issued: 7 April 2017

Issues Raised and recommendations given:

Positive aspects: The Committee welcomes the efforts of the State party to ensure realisation of the rights of persons with disabilities enshrined in the Convention. In particular, it welcomes the adoption, in 2014, of the Law “On making supplements and amendments to the Law of the Republic of Armenia ‘On general education’”, which provides for a transition from general education to inclusive education for children with disabilities by 2025 (para. 4).

Children with disabilities (art. 7): The Committee is concerned about reports on institutionalisation of a high number of children with disabilities in orphanages and residential special schools, including their trans-institutionalisation from one institution to another under the guise of de-institutionalisation, and the continuing investment in such institutions; the lack of State support, including early intervention, for children with disabilities and their families, and  the high poverty rate among children with disabilities and their families, especially in rural and remote areas; the insufficient measures to promote and encourage adoption of children with disabilities; the various forms of neglect, violence and abuse against children with disabilities, including in domestic and institutional settings; the Stigmatising attitudes towards children with disabilities (para. 8).

The Committee recommends the State party to prioritise the de-institutionalisation of all children with disabilities and their resettlement in family settings, including by promoting foster care and providing appropriate community-based support to parents; to provide children with disabilities and their families with adequate assistance, including early intervention, and implement specific measures to reduce poverty among them; to promote and appropriately support adoption of children with disabilities; to prohibit and criminalise all forms of violence and abuse against children with disabilities in all settings, including home and residential institutions; to promote a positive image of children with disabilities; to Iimplement the recommendations contained in the concluding observations of the Committee on the Rights of the Child concerning children with disabilities (CRC/C/ARM/CO/3-4, para. 36) (para. 9).

Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15): The Committee is concerned about the inhuman and degrading treatment of persons with disabilities in institutions, including children with intellectual and/or psychosocial disabilities in specialised institutions, perpetrated by staff members, caregivers and other residents, as well as neglect and physical restraints as means of treatment and punishment. It is also concerned about the inefficiency and inadequacy of complaints systems and the lack of monitoring of institutions. The Committee recommends the State party to take measures to protect persons with disabilities who remain institutionalised, in particular children with intellectual and/or psychosocial disabilities, from coercive, inhuman or degrading treatment or punishment and to prohibit all forms of such treatment. It also recommends that the State party develop an effective investigation and monitoring system to prevent all forms of inhuman or degrading treatment or punishment against persons with disabilities in institutions, and to ensure the prompt investigation of such cases (para. 25 and 26).

Freedom from exploitation, violence and abuse (art. 16): The Committee is concerned about the high incidence of violence and abuse of persons with disabilities in institutions, including reported cases of neglect resulting in the death of children and adults with disabilities. It is further concerned about the labour and sexual exploitation of persons with disabilities. The Committee recommends the State party to take legislative and practical measures to protect persons with disabilities who remain institutionalised and to prevent and combat neglect, violence, abuse and exploitation. It also recommends that the State party investigate cases and prosecute perpetrators and provide regular and mandatory trainings to the staff of institutions for the prevention of violence, abuse and exploitation of persons with disabilities. It also recommends that the State party ensure the effective, independent human rights-based monitoring of all residential and specialized institutions, in close collaboration with organizations of persons with disabilities (para. 27 and 28).

Living independently and being included in the community (art. 19): The Committee is concerned about the slow progress of the de-institutionalisation process and the large number of children and adults with disabilities still living in residential institutions. It is also concerned about the very limited support to enable them to live independently within the community. The Committee recommends that the State party expedite the process of de-institutionalisation and implement, without delay, its action plan for de-institutionalisation (para. 31 and 32).

Respect for privacy (art. 22): The Committee is concerned that children with disabilities are publicly displayed for medical or charity purposes. The Committee recommends that the State party protect the privacy of all children with disabilities, in particular in relation to their personal, health, habilitation and rehabilitation status (para. 37 and 38).

Education (art. 24): The Committee is concerned that, despite the increasing trend in inclusive education, many children with disabilities remain in segregated educational settings and do not receive the support they need to access inclusive education. It is also concerned about the lack of accessibility and reasonable accommodation for children with disabilities in mainstream schools, as well as the insufficient support and training for administrative and teaching staff with regard to inclusive education. The Committee is further concerned about the absence of a comprehensive strategy to promote inclusive education in regions and rural areas (para. 41).

Recalling its general comment No. 4 (2016) on the right to inclusive education and the Sustainable Development Goal 4, especially its targets 4.5 and 4.8, the Committee recommends that the State party increase its efforts towards inclusive education, particularly, that it intensifies efforts to implement the Law “On making supplements and amendments to the Law of the Republic of Armenia ‘On general education’” in order to ensure an inclusive education system at all levels by 2025; to ensure accessibility and allocate the necessary resources to guarantee reasonable accommodation to facilitate the access of persons with disabilities, including those living in regions and rural areas, to inclusive and quality education, including pre-school and tertiary education; to make training on inclusive education and its implementation mandatory for administrative and teaching staff (para. 42).

Habilitation and rehabilitation (art. 26): The Committee notes with concern that more than half of children with disabilities do not benefit from an individual rehabilitation plan and recommends that the State party create accessible, comprehensive habilitation and rehabilitation services and programmes, such as early intervention, providing comprehensive, multidisciplinary and individualised support for persons with disabilities, especially women and children (para. 45 and 46).

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UN Committee on Enforced Disappearance

CED/C/ARM/CO/1

Concluding Observations  on the Reports Submitted Under Article 29 (1)

Adopted by Commmittee: 3-4 February 2015

Published: 11 February 2015

Issues Raised:

Legislation Concerning the Removal of Children

While noting that chapter 20 of the Criminal Code envisages liability for crimes against the interests of the family and the child, the Committee regrets that the State party’s criminal laws do not include provisions that specifically penalize conduct relating to the removal of children, as referred to in article 25, paragraph 1, of the Convention (art. 25).

(para. 28)

 

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Countries

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