BANGLADESH: Child 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.

____________________________________________________

UN Human Rights Committee

CCPR/C/BGD/CO/1

Adopted by Commmittee: 22 March 2017

Published: 29 March 2017

Issues Raised:

Discrimination:

The Committee is concerned about the discriminatory provisions against women continue to exist in law, and laws and Constitutional provisions protecting women are not enforced due in part to patriarchal attitudes in the State party towards women and girls (para. 11).

The State Party should also develop education campaigns for schools, government officials and the general public to promote tolerance and appreciation for diversity and non-discrimination. Furthermore, the State party should undertake legislative reforms to eliminate direct and indirect discriminatory legislative provisions against women, implement existing legislative protections for women and girls, end entrenched patriarchal attitude in society through educational campaigns on the equality of women, and ensure that the application of religious personal status laws do not violate the right to non-discrimination of women and girls (para. 12).

Harmful Practices:

The Committee is concerned that the State party has one of the highest rates of early marriage in the world, with 32% of girls married before the age of 15 and 66% of girls married before the age of 18. It is also concerned that early marriage is prevalent in refugee camps where 90% of families have at least one married family member under the age of 18. The Committee notes efforts by the State party to reduce early marriage through the approval of a Child Marriage Restraint Bill in 2016, but remains concerned that marriage below the age of 18 will be permitted in “special circumstances.” The Committee is further concerned at the continuation of harmful traditional practices such as the imposition of the payment of dowries on the families of girls (arts. 2, 3, 24 and 26) (para. 13).

The State party should take immediate measures to sharply reduce early marriage and prevent dowry practices, including through the implementation of legislation preventing early marriage and dowry practices and by carrying out campaigns to publicize the legislation outlawing such practices, and inform girls, their parents and community leaders of the harmful effects of early marriage. The State party should amend the Child Marriage Restraint Bill to maintain the legal minimum age of marriage for girls at 18 years, in accordance with international norms, without any exceptions (para. 14).

Voluntary termination of pregnancy and sexual and reproductive health:

The Committee is concerned that abortion is criminalized except when the life of woman is in danger, which prompts women to resort to unsafe abortions, endangering their health and leading to a high rate of maternal mortality. The Committee notes that while the State party allows for “menstrual regulation,” the procedure is not widely available and women requesting the procedure reportedly are often refused. It is also concerned at the high rate of adolescent pregnancy connected to early marriage and resulting in maternal mortality (arts. 3, 6, 7, 17, and 26) (para. 15).

The State party should revise its legislation to provide for additional exceptions to the legal ban on abortion, including in cases of rape, incest, fatal foetal impairment, and for therapeutic reasons, and to ensure that women are not denied medical services and are not prompted by legal obstacles, including criminal provisions, to resort to unsafe abortions that put their lives and health at risk.

The State should also increase education and awareness-raising programmes on the importance of using contraceptives and on sexual and reproductive health rights (para. 16).

Violence:

While noting the existence of laws and national action plans to prevent violence against women, the Committee is concerned at the lack of consistent implementation of these laws, in particular in light of the reportedly high rates of domestic and sexual violence against women and girls in the State party. Of particular concern are acid attacks, rape, gang rapes, dowry related violence, fatwa-instigated violence, sexual harassment, and sexual violence against indigenous women related to land grabbing in the Chittagong Hills Tract, and sexual and gender based violence and domestic violence against Rohingya refugee women and girls in refugee camps (arts. 3, 6, 7 and 27) (para. 17).

The State party should redouble its efforts to prevent and combat all forms of violence against women. It should ensure the consistent implementation of the existing laws and national action plans on violence against women. It should intensify awareness-raising measures among the police, the judiciary, prosecutors, community representatives, women and men on the gravity of sexual and gender based violence and domestic violence and its detrimental impact on the lives of victims. The State party should ensure that cases of violence against women, including indigenous and refugee women, are thoroughly investigated, that perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and the victims are provided with full reparation. It should also ensure the availability of a sufficient number of shelters with adequate resources for victims (para. 18).

 ____________________________________________________

UN Committee on Economic, Social and Cultural Rights

Ratified in 1998, but has not yet reported.

____________________________________________________

UN Committee on the Elimination of Racial Discrimination

CERD/C/304/Add.118

Last reported: 19 March 2001
Concluding Observations published: 27 April 2001

Trafficking: In view of the increasing problem of trafficking in persons, particularly women and children, in South Asia, including Bangladesh, which may entail violations of the provisions of the Convention, the Committee requests the State party to provide in its next report information on efforts made in Bangladesh to address the ethnic dimensions of migration and trafficking in persons. (Paragraph 13).

____________________________________________________

UN Committee on the Elimination of Discrimination against Women

CEDAW/C/BGD/CO/8

Concluding observations published: 18 November 2016

Positive developments: The Committee welcomes the State party’s, such as the adoption of the National Action Plan to Prevent Violence against Women and Children and the National Action Plan for Adolescent Sexual and Reproductive Health (para 5).

Legislative framework: The Committee notes with concern that many discriminatory laws and provisions remain in the national legislation, such as different definitions of a girl child and boy child in various acts, restrictive scope of marital rape in the criminal code, and the lack of jurisdiction of special tribunals for violence against women to hear cases of discrimination against women. The Committee urges the State party to adopt within a clear timeline a unified family code to ensure the equality of women in matters of marriage, divorce, inheritance, and child custody (paras 10, 11).

National machinery for the advancement of women: The Committee also notes that gender mainstreaming is not a priority in the State party and that other relevant institutions, such as that the National Council for Women and Child Development, are not effectively promoting gender equality. The Committee recommends that the State party ensure that its national machinery for the advancement of women has a clearly defined mandate, sufficient authority, and the necessary human, technical and financial resources to effectively promote women’s rights and gender equality (paras 14, 15).

Stereotypes and harmful practices: The Committee notes with concern that the State party has one of the highest rates of child marriages worldwide, with 66% of girls marrying below the age of 18 years, often due to poverty, lack of personal safety or difficulties to verify their age, and that the practice of dowry continues to be imposed on the families of girls. The Committee is further concerned about a new proposed amendment to the law on child marriages which includes a clause that allows the marriage of girls at the age of 16 with the consent of the parents or the court, thus legalizing child marriage (para 16).

The Committee recommends that the State party take immediate measures to end the harmful practices of child marriage by addressing the root causes, raising awareness among parents, teachers, community and religious leaders about the negative effect of child marriage on the health and well- being of a girl child, holding those responsible to account and by retaining the legal minimum age of marriage for girls at 18 years without any exceptions. In doing so, the State party should be guided by joint General Recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/General Comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices (para 17).

Gender-based violence against women: The Committee notes that the State party has adopted the National Action Plan to Prevent Violence against Women and Children in 2013. However, it notes with concern that marital rape is not criminalized in the State party unless the victim is a child bride below the age of 13 years; The Committee reiterates its previous recommendation that the State party give priority attention to combating violence against women and girls, in accordance with its General Recommendation No 19 (1992). It recommends that the State party adopt, without delay, legislation criminalizing all forms of violence against women and girls, including marital rape irrespective of the age of the victim, domestic violence and all forms of sexual abuse, and ensure that perpetrators are prosecuted and adequately punished and that the victims have access to immediate protection, rehabilitation and means of redress, including compensation; ensure the implementation of the existing legal and policy framework against gender-based violence by providing capacity building and awareness-raising programmes for the judiciary, the police and law enforcement officials, as well as health care providers, to sensitize them on all forms of gender-based violence against women and girls and enable them to strictly enforce relevant criminal law provisions and to provide adequate gender-sensitive support to victims; Criminalize sexual harassment of women and girls in the workplace and in schools; Establish a database to collect data and provide information in the next periodic report on the number of reported cases of gender-based violence against women and girls, such as domestic violence, rape, fatwa-instigated violence, dowry related violence and sexual harassment of women and girls, disaggregated by age and relationship between the perpetrators and victims, and on the number of prosecutions and the sentences imposed on perpetrators (paras 18, 19).

Trafficking and exploitation of prostitution: The Committee is concerned that trafficking in women and girls remains prevalent in the State party which is a source country and, in some cases, a transit country. It notes the Prevention and Suppression of Human Trafficking Act of 2012 and the related Action Plan. The Committee is also concerned about discrimination and violence against women in prostitution and their children who face stigmatization, forced evictions and frequent police harassment and are often denied access to education and health care (para 20).

The Committee recommends that the State party address the root causes of trafficking and exploitation of prostitution by reducing poverty among women and girls and regularizing the status of Rohingya women and girls; Provide effective protection and prevent discrimination and violence against women in prostitution and their children, including police harassment and forced evictions, and ensure that they have adequate access to health care, education, accommodation and alternative livelihood opportunities (para 21).

Nationality: The Committee notes that the 2009 Citizenship Act, as amended, provides for equal rights of women and men to transfer their nationality to their children or foreign spouse. The Committee is, however, concerned that this amendment does not apply retroactively to children born prior to the entry into force of the new legislation. The Committee also notes with concern that despite the 2004 Birth and Death Registration Act, only three percent of children are registered at birth (under 45 days) in the State party and that 88 percent are registered once they reach school age, which puts children who are not registered at risk of statelessness and prevents them from accessing basic services. The Committee is further concerned that almost 60 percent of unregistered Rohingya population are women and children who remain without legal status and face obstacles to access legal and social services (para 26).

The Committee recommends that the State party ensure the effective implementation of its nationality legislation, with a view to providing citizenship to all children born to a Bangladeshi parent and ensuring that such laws are applied retroactively to children born prior to the entry into force of the 2009 Amendment to the Citizenship Act. The Committee also recommends that the State party ensure that all children born in its territory are registered immediately at birth and provided access to basic services, and encourage the State party to ratify the 1951 Convention Relating to the Status of Refugees and its 1967 protocol (para 27).

Education: The Committee notes with concern the number of girls dropping by half between the primary and secondary level of education due to child marriage, sexual harassment and early pregnancy, the low value placed on girls’ education, poverty and long distance to schools in rural and marginalized communities. The underrepresentation of women and girls in non-traditional fields of study and career paths, such as in technical/vocational education, as well as in higher education. The Committee reiterates its previous recommendation that the State party retain girls in schools and adopt re-entry policies enabling young mothers who have dropped out to return to school immediately after birth; Encourage women and girls to pursue non-traditional fields of study and career paths through awareness raising and career counselling; Adopt effective measures, including temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee’s General Recommendation No. 24 (1999), such as scholarships, to promote women’s and girls’ access to higher education, including in non-traditional fields of study;           Ensure that age-appropriate education on sexual and reproductive health and rights, including responsible sexual behaviour, prevention of early pregnancies and sexually transmitted diseases, is integrated in school curricula at all levels of education (para 28, 29).

Health: The Committee remains deeply concerned about the high levels of maternal mortality often due to child marriages and subsequent early pregnancies as well as about the criminalization of abortion which forces women and girls to resort to unsafe abortion. The Committee notes that abortion is not criminalized in case of risk to the life of the pregnant woman and “menstrual regulation”. However, it notes that this exception is rarely applied and is concerned about the lack of access to modern contraception for adolescent girls and unmarried women, as well as the lack of information on sexual and reproductive health and rights. Furthermore, the Committee is concerned that women and girls living with HIV/AIDs and women in prostitution have limited access to health services due to stigmatization and social ostracism (para 34).

The Committee recommends that the State party address negative stereotypes and discriminatory attitudes with regard to the sexuality of adolescents and ensure that they have affordable access to modern contraceptives and to accurate information and education on sexual and reproductive health and rights, including responsible sexual behaviour, prevention of early pregnancies and sexually transmitted diseases; and ensure access to health services for women and girls living with HIV/AIDS and women in prostitution and provide them access to adequate health services, including anti-retroviral medicines as well as take measures to combat their stigmatization and social ostracism (para 35).

Economic empowerment of women: The Committee remains concerned about the high rates of poverty and malnutrition among women and girls, especially those who belong to disadvantaged and marginalized communities, who reportedly have limited access to social security benefits and programmes. The Committee recommends that the State party strengthen its gender-sensitive poverty alleviation programmes and ensure the participation of women in the development of such programmes. In doing so, the State party should particularly focus on poverty alleviation and malnutrition among marginalized and disadvantaged groups of women (paras 36, 37).

Rural women: The Committee is in particular concerned about the arsenic contamination of underground water which limits the access of women and girls in rural areas to safe drinking water. The Committee also expresses concern about the impact of the climate change on women and girls in disaster affected parts of the country and the lack of gender-sensitive approach in disaster risk reduction and post disaster management and limited participation of women in policy making processes to mitigate disaster and climate change. The Committee recommends that the State party take measures to empower rural women by improving the participation of women in decision making processes and enabling access to education, health, social services, land ownership and/or inheritance as well as to provide access to rural women and girls to safe drinking water. Furthermore, the Committee recommends that the State party always ensure equal participation of women and girls in policy making processes to mitigate disaster and climate change (paras 37, 38).

Disadvantaged groups of women: The Committee is concerned that disadvantaged groups of women and girls, including Dalit women, women with disabilities, elderly women, Rohingya refugee women and women of ethnic minorities face multiple intersecting forms of discrimination due to their gender, health, indigenous identity, caste and socio-economic status. The Committee is in particular concerned about: Lack of access to education, employment and freedom of movement as well as increased rates of trafficking of Rohingya women and girls, especially those who are unregistered (para 40).

The Committee reiterates its previous recommendation and urges the State party to: Enact a comprehensive law and take immediate measures, including temporary special measures to eliminate all forms of discrimination against women and girls from vulnerable groups and protect them from all forms of discrimination, gender-based violence and abuse; Promptly investigate and prosecute cases of gender-based violence targeting ethnic minority women and girls, including militarization of indigenous areas, and ensure that those convicted are punished with appropriate sanctions; Ensure that women and girls from vulnerable groups have access to basic services, including education, employment and health care without any discrimination (para 41).


(CEDAW/C/BGD/Q/7 )

Last reported: 25 January 2011
Concluding Observations Adopted: 4 February 2011

Violence: While commending the State party for the range of efforts to address violence against women, including the enactment of Domestic Violence Act, Prevention of Cruelty to Women and Children Act, Acid Crime Control Act, Child Marriage Restraint Act and Dowry Prohibition Act, the Committee remains concerned that the prevalence of violence against women and girls, including domestic violence, rape, acid throwing, dowry-related violence, fatwa-instigated violence, and sexual harassment in the workplace persist in the country. (Paragraph 19).

The Committee urges the State party to give priority attention to combating violence against women and girls and to adopt comprehensive measures such as a National Action Plan to address all forms of violence against women and girls, in accordance with its general recommendation. It calls upon the State party to expeditiously: a. Ensure that all forms of violence against women and girls, including domestic violence and all forms of sexual abuse are criminalized, that perpetrators are prosecuted and punished and that the women and girls who are victims of violence have access to immediate means of redress, rehabilitation and protection.

Trafficking and sexual exploitation: The Committee remains concerned about the continuing prevalence of trafficking in women and girls in the country. The Committee is also concerned that despite the ratification by the State party of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in July 2002, its provisions have not been incorporated into domestic law, that no extradition treaties with neighbouring countries have been signed to address trafficking and sexual exploitation and that only a few traffickers have been arrested and convicted. The Committee further expresses its concern at the limited gender sensitization trainings for border police and law enforcement personnel. (Paragraph 21).

The Committee requests the State party to fully implement article 6 of the Convention, including through:
a. Incorporation of the SAARC Convention into the State party's legislation;

b. Intensification of its efforts with respect to international, regional and bilateral cooperation, including conclusion of bilateral agreements with neighbouring countries, in order to prevent trafficking and to harmonize legal procedures aimed at the prosecution of traffickers;

c. Adoption of a comprehensive action plan to address trafficking and sexual exploitation and ensure its effective implementation, as well as training of the judiciary, law-enforcement officials, border guards and social workers accross the country; and

d. Collection and analysis of disaggregated data on all aspects of trafficking in order to identify trends and priority areas for action.

Education: The Committee acknowledges the progress made in the field of education for women and girls and welcomes the achievement of gender parity in primary and secondary education, and the establishment of institutions for girls and women at the secondary and tertiary level. However, the Committee is concerned at the high level of drop outs among girls, especially in rural areas and the gender gap at technical/vocational and the tertiary education levels. The Committee also expresses its serious concern about the high number of girls who suffer sexual abuse and harassment in schools and while on their way to school. The Committee is further concerned at the persistence of structural and other barriers to quality education, such as the lack of physical infrastructure, lack of facilities for girls in schools, the negative impact of early marriages and lack of access to education of rural women and girls. (Paragraph 27).

The Committee calls upon the State party to:

a. Ensure de facto access of girls and women, especially those living in rural areas, to all levels and fields of education, take steps to retain girls in schools and adopt re-entry policies enabling girls and young women to return to school;

b. Ensure that all female institutions allow girls/women to pursue non-traditional areas of study and do not limit them to only traditional fields of study;

c. Take affirmative actions and adopt proactive policies including temporary special measures in accordance with article 4, paragraph 1 of the Convention and General recommendation 24 of the Committee, to encourage women to pursue tertiary education and choose non-traditional fields of study;

d. Reinforce the training and recruitment of qualified teachers, allocate sufficient resources to ensure that schools, especially in rural areas, have the required educational materials and are equipped with appropriate facilities; and

e. Strengthen awareness-raising and training of school officials, teachers and students and enforce a zero tolerance policy with respect to sexual abuse and harassment in schools, provide safe transportation to and from schools and safe educational environment free from discrimination and violence and ensure that perpetrators are punished appropriatel Disadvantaged groups of women

Minority groups: The Committee is concerned at the very limited information and statistics provided on disadvantaged groups of women and girls, including minority women such as Dalit women, migrant women, refugee women, older women, women with disabilities and girls living on the streets. The Committee is also concerned that those women and girls often suffer from multiple forms of discrimination, especially with regard to access to education, employment and health care, housing, protection from violence and access to justice. (Pargraph 27).

The Committee recommends that the State party:

a. Collect disaggregated data on the situation of disadvantaged groups of women facing multiple forms of discrimination and adopt pro-active measures, including temporary special measures, to eliminate such discrimination and protect them from violence and abuse; and

Child marriages: Take all appropriate measures to end the practice of child marriages, in accordance with the Committee's general comment No. 21 on equality in marriage and family relations.

____________________________________________________

UN Committee against Torture

Ratified in 1998, but has not yet reported.

____________________________________________________

UN Committee on Migrant Workers

CMW/C/BGD/CO/1

Adopted by Committee: 13 April 2017

Published: 20 April 2017

Issues Raised:

The Committee welcomes the adoption of the Children’s Act (para.6).

Labour Exploitation:

The Committee is concerned at reports that: Undocumented MyanmarNationals working in the State party, including children, are frequently subjected to sexual and gender-based violence as well as sexual and labour exploitation, including forced labour,and other forms of ill-treatment in the State party (para.31).

The Committee recommends that the State party:Provide adequate assistance, protection and rehabilitation, including psychosocial rehabilitation, to all migrant workers victims of sexual and labour exploitation, especially women and children (para. 32).

Birth Registration and Nationality:

The Committee is concerned at the uncertainty as to whether the law accords citizenship to children born prior to 31 December 2008 to a Bangladeshi mother and a non-citizen father. The Committee is also concerned about the lack of specific measures to register migrant children at birth (para. 39).

The Committee recommends that the State party: Ensure that all children of migrant workers are registered at birth and issued personal identity documents in line with the Sustainable Development Goals (Target 16.9), and that it raise awareness on the importance of birth registration among migrant workers and members of their families, especially those in an irregular situation; Ensure that children born prior to 31 December 2008 to a Bangladeshi mother and a non-citizen father can obtain Bangladeshi citizenship (para. 40).

 

Ratified in 2011, but has not yet reported.
____________________________________________________

UN Committee on the Rights of Persons with Disabilities

Ratified in 2007, but has not yet reported

____________________________________________________

UN Committee on Enforced Disappearance

Has not yet ratified.

____________________________________________________

Countries

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.