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Summary: General overview of Armenia's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Article 6(4) of the Constitution of Armenia provides that properly ratified international treaties, including the Convention on the Rights of the Child, are part of the national legal system. If provisions of the Convention contradict domestic legislation then the Convention will prevail. It is not clear whether the Convention has been cited in domestic courts. Constitution: Chapter 2 of the Constitution of Armenia contains a number of rights provisions that apply regardless of age, but there are also a number of provisions throughout the Constitution that specifically address the rights of children: Art. 14.1: prohibits discrimination on a number of grounds, including birth and age Art. 16(5): includes measures taken to establish education control over a minor or to present him or her to a competent body within the permitted grounds under which a person may be deprived of his or her liberty Art. 30.1: contains provisions on the citizenship rights of children Art. 32: provides that children under the age of 16 are not allowed to work full time, and requires that the procedure and conditions under which children under the age of 16 are hired part-time, must be defined by law Art. 35: contains provisions on maternity, parental leave and prohibiting dismissal for reasons connected with maternity Art. 36: enshrines a right and obligation of parents to care for the education, health and full and harmonious development of their children Art. 48(1): includes the protection and patronage of the family, motherhood and childhood within the basic tasks of the State Art. 48(5): includes the contribution to the involvement of youth in the political, economic and cultural life of the family within the basic tasks of the State Legislation: the Law on the Rights of the Child contains many of the key provisions on children’s rights in Armenia, but there is no comprehensive or consolidated Children's Law at the national level. Legislation of particular relevance to children includes, but is by no means limited to: The Law on the Rights of the Child The Criminal Code The Civil Code The Family Code The Law on the Human Rights Defender The Law on Adoption The Law on Education The Law on the Education of Persons with Special Needs The Law on Social Protection of Persons with Disabilities in the Republic of Armenia The Law on Refugees and Asylum The Law on Social Protection of Children without Parental Care The Law on Employment of Population and Social Protection in Case of Unemployment The Law on the Registration of Civil Status Acts The Law on the Nationality of the Republic of Armenia The Law on Mass Information The Law on the Press and Other Mass Media The Law on Human Reproductive Health and Reproductive Rights The Law on Freedom of Conscience and Religious Organisations Legal Research The National Assembly of Armenia publishes a selection of its legislation in English and French a fuller selection of resources in Russian and Armenian (http://www.parliament.am/legislation.php?sel=alpha&lang=eng) as well as the national Constitution (http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng). A selection of legislation is available in English through the World Legal Information Institute (http://www.worldlii.org/am/legis/laws/), the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwearm.htm) and the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=ARM). In addition, the GlobaLex initiative at New York University has published a guide to legal research in Armenia (http://www.nyulawglobal.org/Globalex/Armenia1.htm) and the World Legal Information Institute (http://www.worldlii.org/catalog/2750.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/armenia.php) both provide links to a selection of legal and governmental resources. Case Law CRC Jurisprudence Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child. Case Law Research The Constitutional Court of Armenia publishes its case law, or a selection thereof, in English, Armenian and Russian (http://www.concourt.am/english/decisions/common/index.htm). The homepage of the judiciary of Armenia includes information on courts in Armenia, but at the time of writing did not contain case law resources (http://www.court.am/?l=en). Compliance with the CRC In its Concluding Observations of 2013, the Committee on the Rights of the Child noted the adoption of several laws on children, particularly the amendments to the Law on the Rights of the Child, but noted that numerous legislative initiatives remained pending before the National Assembly and that some of these initiatives had been delayed for several years. The Committee also expressed concern at the inadequate implementation and enforcement of existing laws and regulations in the area of children's rights and urged the State to accelerate the adoption of proposed legislation and to ensure that all laws are fully and effectively implemented. In depth analysis Among the more specific concerns raised during the Committee's 2013 Observations was concerns relating to unaccompanied, asylum-seeking and refugee children. In particular, the Committee raised concerns that despite the adoption of Law on Refugees and Asylum in 2008, national law still failed to meet international standards, including with regards to providing children access to decent housing, public relief and naturalisation. Of particular concern was that the State's law on citizenship left gaps which gave rise to the possible statelessness of children with foreign parents, or children whose parents have lost their Armenian citizenship. The Committee urged the State to address these deficits, including by amending the Law on Refugees and Asylum Seekers, to provide basic safeguards for children and to ensure that no child within the State's jurisdiction is rendered stateless. The issue of violence against and ill-treatment of children was also a prominent feature of the Committee's 2013 Observations. Of particular concern were reports of violence in children's homes and protection centres and the inadequacy of the Family Code and Rights of the Child Act to combat corporal punishment. Though the relevant Acts did prohibit physical punishment, they lacked enforcement mechanisms and sanctions for violations. The Committee urged the State to take urgent measures in closed or partially closed institutions to investigate reported violence and to prosecute and punish perpetrators as well as to amend legislation on corporal punishment to allow for the application of appropriate sanctions. The Committee also noted a systemic failing in the justice system, which did not provide holistic services for children and urged the State to develop such a system with a comprehensive legal framework, juvenile courts, diversion measures and provision for the effective reintegration of children in conflict with the law. More specifically, the Committee urged the state to address the use of lengthy pre-trial detention; to ban solitary confinement of children, which was used as a punishment for periods up to 10 days as a punishment; and to address complaints of poor hygiene standards and a lack of educational services in places of detention. Current legal reform projects Please contact CRIN if you are aware of any current legal reform projects.