BANGLADESH: Persistent violations of children's rights

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

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Discrimination against women and girls

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

While noting the State party's commitment in its Constitution and "Vision 2021" to create an equitable, just and non-discriminatory society, the Committee is nevertheless concerned that the principle of non-discrimination contained in article 2 of the Convention is not fully respected in practice. Girls continue to face discrimination and disparities, particularly with regard to healthcare, nutrition and early marriage, as do particular groups of children, including refugee children, children with disabilities, children in slums and rural areas and children of ethnic and religious minorities. The Committee is also concerned that children face discrimination on the basis of social origin, or other status of their parents.

The Committee strongly recommends that the principle of non- discrimination, as provided for under article 2 of the Convention, be fully and vigorously applied by the State party and integrated into the implementation of all other articles to guarantee, without discrimination, the rights set out in the Convention. The Committee further recommends that the State party take the necessary measures to ensure that efforts to address persistent discrimination and reduce disparities are adequate and effective in the family, schools and other settings, and in particular among marginalised and excluded children, including girls, children of ethnic minorities and refugee children. (Paragraph 32 and 33)

UN Committee on the Elimination of Discrimination against Women
Last reported: 25 January 2011
Concluding Observations adopted: 4 February 2011

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.

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; (Paragraphs 27 and 28)

Universal Periodic Review (February 2009)

15. Continue combating discrimination and violence against women and girls by elaborating effective laws and implementing them effectively, and adopt without delay (Germany) a uniform Family Code that fully complies with the provisions of CEDAW (Norway); Ensure that women's rights are protected, through effective implementation of existing laws, the development of a comprehensive national action plan to combat violence against women and the adoption of a family code complying with the provisions of CEDAW (Netherlands); Adopt a comprehensive action plan to address wage inequalities and make available maternity leave in all public and private employments (Norway) (accepted)

UN Special Rapporteur on the Right to Food
Country visit: 23 October-4 November 2002
Report published: 29 October 2003

Malnutrition levels show a marked gender disparity - far more girl children are underweight and stunted than boy children. This is largely due to patterns of discrimination against women and girls, given the custom that women eat last, which means that they often eat least. The implications of gender discrimination are broad, given the essential role that women play in food production and in assuring the nutrition of the household. It is also increasingly being recognised that high rates of maternal malnutrition have impacts on society as a whole, as underweight mothers are more likely to give birth to underweight babies. (Paragraph 7)

In general, around half of the babies born in Bangladesh are underweight at birth, compared with one-sixth of babies born in Africa and under 10 per cent in Europe and the United States, a significant difference which seems to be largely due to the persistence of social discrimination against women and the fact that women eat last and eat least. (Paragraph 39)

Gender discrimination remains a powerful obstacle to the realisation of the right to food in Bangladesh, with women more malnourished than men. Although women are protected and guaranteed equality by the law, existing social values, reinforced by religion, permit discrimination against women. The fact that women eat last and eat least reflects an unequal distribution of food within the household which should be understood as another form of violence against women. It should also be recognised that the malnutrition of women is a contributor to the low birth weight and high mortality of infants, both girl and boy children. The best way to ensure that babies are not born underweight is to ensure the health and nutrition of women. Other forms of discrimination encourage violence against women and contribute to and reinforce the undervaluation of women, including dowry-related violence, child marriage and "acid-throwing" where women are intentionally disfigured by acid thrown in the face as vengeance for refusal of marriage proposals. Important work is being done by both the Government and non-governmental organisations to address these issues, but more still needs to be done. (Paragraph 48)

More work needs to be done to challenge patterns of gender discrimination, given increasing disparities in malnutrition rates between men and women, girls and boys. There is a particular need to understand that underweight mothers will have an affect on the health of the whole society, as malnourishment in the womb can severely affect the physical and mental growth of babies. Patterns of discrimination whereby women eat last should be challenged, particularly where this implies that they also eat least, and they should be understood as a form of violence against women. The implementation of legal protections in place to protect women should be strengthened, including protection against other forms of violence against women such as acid-throwing or child marriage. The Government should withdraw its reservations to the Convention on the Elimination of all forms of Discrimination against Women. More attention should be paid to implementing the laws and bridging the gap between laws and practice, and the Special Rapporteur urges the Government to show strong political will in support of women's rights to help eradicate the violence and discrimination against women in Bangladesh; (Paragraph 54 e)

UN Special Rapporteur on Freedom of Religion or Belief
Country visit: 15-24 May 2000
Report published: 9 August 2000

The Special Rapporteur also recommends that the State implement a policy of prevention, and especially to pursue its efforts in the area of education and to broaden those efforts into a genuine culture of human rights. This education policy must in particular address religious officials, who must receive more rigorous training. This means it must teach a perfect understanding of Islam, its diversity, and its values of tolerance, and train religious officials to respect other religions and faiths, as well as in the principles of human rights, non-discrimination, and tolerance, especially with regard to women. This education policy must also address the rest of society, and especially Bangladesh's future citizens (its pupils and students). In this respect, it is recommended that the State revise its primary-school textbooks and curricula, in order to ensure that the religious and ethnic diversity of Bangladesh are reflected in such a way that each religion is presented in an objective manner, and in order to promote the values of tolerance and non- discrimination. This education policy should help ensure that the values of tolerance and non- discrimination become fixed in the people's minds, and remove socio-religious interdicts and taboos such as those affecting women and the mixing of religions (for example, marriages between people of different religions, and conversions — especially conversions from Islam to another faith). It is also important that the Government pay particular attention to what is actually being taught in the madrasahs, and to what is being practised in the madrasahs on a day-to-day basis. (Paragraph 105)

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Violence against women and girls

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee notes with concern the information from the State party regarding the inadequate attention to the health of adolescents, especially females. The Committee is also concerned that the decision to incorporate policies for adolescents into a newly revised Children's Policy may obscure the necessary distinctions between the needs of the different age groups. Of urgent concern for adolescent health are issues arising from violence against girls and early marriages, as well as under-nutrition, access to health education and facilities including separate and appropriate sanitary facilities in schools. The Committee is further concerned about the inadequate facilities and counselling services for mental health and reproductive health for adolescents. (Paragraph 63)

The Committee is concerned about the persistence of harmful traditional practices, including dowry, early and forced marriages, particularly involving girls, and the negative impact on their health, development and full enjoyment of their rights. Girls also experience gender-based violence as a result of these practices.

The Committee recommends that the State party take urgent legislative measures to prohibit early and forced marriages and other traditional practices harmful to the health and development of boys as well as girls. The Committee urges the State party to introduce gender-sensitive awareness- raising programmes, with the involvement of community leaders, for practitioners, families, and the general public to prevent and end harmful practices, especially in rural areas. The Committee also recommends that the State party adopt effective measures to empower girls in the family, school and community settings. (Paragraphs 67 and 68)

UN Committee on the Elimination of Discrimination against Women
Last reported: 25 January 2011
Concluding Observations adopted: 4 February 2011

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.

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 criminalised, 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. (Paragraphs 19 and 20)

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.

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; (Paragraph 37 and 38)

UN Special Rapporteur on the Right to Food
Country visit: 23 October-4 November 2002
Report published: 29 October 2003

The implementation of legal protections in place to protect women should be strengthened, including protection against other forms of violence against women such as acid-throwing or child marriage. The Government should withdraw its reservations to the Convention on the Elimination of all forms of Discrimination against Women. More attention should be paid to implementing the laws and bridging the gap between laws and practice, and the Special Rapporteur urges the Government to show strong political will in support of women's rights to help eradicate the violence and discrimination against women in Bangladesh; (Paragraph 54 e)

UN Special Rapporteur on Freedom of Religion or Belief

Country visit: 15 May-24 May 2000

Report published: 9 August 2000

Despite the existence of the Anti-Dowry Prohibition Act, this situation also helps to maintain the tradition of the dowry, thereby placing women in the humiliating position of being objects of bargaining. This practice also contributes to the vulnerability of wives, who are sometimes victims of violence on the part of their husbands concerning goods inherited or due to be handed down by the parents to the married women. According to non-governmental sources, 239 women were subject to dowry-related violence in 1998. Of those victims, 60 per cent were murdered, and three per cent committed suicide. Many wives apparently suffered acid attacks — a practice that appears to be widespread within the context of dowry-related conflicts. (Paragraph 76)

Universal Periodic Review (February 2009)

15. Take measures to ensure women's rights are protected through implementing existing laws such as the Early Marriage Act and the Dowry Act (Australia); Continue combating discrimination and violence against women and girls by elaborating effective laws and implementing them effectively, and adopt without delay (Germany) a uniform Family Code that fully complies with the provisions of CEDAW (Norway); Ensure that women's rights are protected, through effective implementation of existing laws, the development of a comprehensive national action plan to combat violence against women and the adoption of a family code complying with the provisions of CEDAW (Netherlands); (accepted)

21. Redouble its efforts and allocate more resources to address the problem of violence against women and children in this area, in particular through increasing women's empowerment, public awareness, education and training as well as increase vigilance and monitoring by the relevant authorities (Malaysia); Adopt a comprehensive strategy to combat all forms of violence against women and girls (Liechtenstein); Adopt a comprehensive approach to address violence against women and girls and to take effective measures to protect them (Republic of Korea). (accepted)

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Abuse, including sexual abuse, of children at and on the way to school

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

[T]he Committee is concerned about the reported mistreatment of children by their teachers and the frequent cases of bullying and sexual harassment particularly of girls at school and on the way to school; the lack of separate sanitation facilities for girls and boys;

The Committee recommends that the State Party:

j. Conduct vigorous awareness-raising campaigns in schools and communities to combat the mistreatment of children and prevent bullying and sexual harassment of children in schools and on the way to school, especially of girls. (Paragraphs 74 and 75)

UN Committee on the Elimination of Discrimination against Women
Last reported: 25 January 2011
Concluding Observations adopted: 4 February 2011

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.

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 appropriately (Paragraphs 27 and 28)

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Inadequate access to education and high drop out rates, particularly for girls

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

While noting the progress made in increasing primary school enrolment, reducing the gender gap and expanding programmes supporting the access of marginalised groups of children living in poverty to school, the Committee remains concerned about the length of compulsory education covering five years only; the differences among parallel educational systems, among them the Madrassah schools; the absence of early childhood development programmes; the hidden costs of education; the lack of materials and equipment; the marked disparities in access to education among the regions and the poor quality of education provided in many schools.

In addition, the Committee is concerned about the reported mistreatment of children by their teachers and the frequent cases of bullying and sexual harassment particularly of girls at school and on the way to school; the lack of separate sanitation facilities for girls and boys; the extremely low rate of primary school completion, and the very low enrolment in secondary school; the inadequate facilities for vocational education and training, including for children who dropped out of school before completion; the lack of coordination and equivalencies between the formal and non-formal educational programmes, and the still low budgetary allocation for education in the State party's budget.

The Committee recommends that the State Party:

a) consider extending the length of compulsory school in the country;

b) raise the budget allocation for the expansion of the educational system and the improvement of the quality of education;

c) address early childhood development holistically, including the introduction of public pre-school education as part of the compulsory primary education to improve learning achievements; strengthen efforts to further increase the enrolment in primary school and effectively prevent dropout from school;

e) consider making multilingual education available in remote areas for minority and indigenous children;

f) increase the transition rate to secondary school and support girls to continue education at the secondary level;

g) provide more vocational education and training, including for drop- out children, and establish formal and non-formal facilities for combining work and education;

h) effectively level out the access and quality disparities of the educational system across the regions of the country, with special attention to the less developed regions; i) better equip schools with educational materials and adequate sanitation facilities for girls and boys; and

j) Conduct vigorous awareness-raising campaigns in schools and communities to combat the mistreatment of children and prevent bullying and sexual harassment of children in schools and on the way to school, especially of girls. (Paragraphs 73-75)

UN Committee on the Elimination of Discrimination against Women
Last reported: 25 January 2011
Concluding Observations adopted: 4 February 2011

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.

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 appropriately (Paragraphs 27 and 28)

UN Independent Expert on the question of human rights and extreme poverty and the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
Country visit: 3-10 December 2009
Report published: 22 July 2010

Adverse cultural patterns related to violence against women, property rights, inheritance law, dowry and early marriages prevent women from fully participating in society and enjoying their human rights. Social norms also dictate that women and girls bear the primary responsibility for collecting water, taking time away from their education and income- producing activities. Furthermore, women lose out on work and educational opportunities because they are ill or have to care for sick relatives, affected by diseases caused by lack of safe water and sanitation. Ensuring safe and regular access to water and sanitation within the vicinity of the household tailored to the specific needs of women has a decisive impact in eliminating poverty. (Paragraph 15)

The Government has taken important steps to improve the situation of children, including by helping to ensure that children have access to safe drinking water and sanitation and providing hygiene education. The Government has also taken measures aimed at the reduction of child mortality, increased school enrolment and achieving better gender parity in education. Nevertheless, the situation of children, especially those living in extreme poverty, remains a concern. (Paragraph 17)

While the experts welcome the fact that more children are enrolled in schools, they are concerned that the overall dropout rate is still high, with official data indicating that almost half of children enrolled in primary school do not finish grade 5. Poor children are more likely to drop out of school than rich ones, and girls have a higher dropout rate once they reach adolescence.1 The experts call on the Government to pay particular attention to the sanitation and water factors that can hinder access to education; for example, when children are sick from lack of access to safe drinking water and sanitation, or when girls have to spend long periods collecting water, they do not go to classes. Furthermore, the dropout rate of adolescent girls can be related to whether they have access to separate latrines or appropriate facilities for ensuring menstrual hygiene. (Paragraph 18)

Bangladesh has implemented a system of cash transfers to promote education, such as the Primary Education Stipend Programme and the Female Secondary School Assistance Project. The Primary Education Stipend Programme, launched in 2002, benefited more than 5 million children from rural areas in 2005.29 The selection process is delegated to school managing committees supervised by education officials. The Female Secondary School Assistance Project was launched nationally in 1994 to promote gender parity in secondary and higher education, and thereby delaying marriage and motherhood. Married girls are excluded from the stipend. In 2005, nearly 2.3 million girls were enrolled in the programme. (Paragraph 82)

The above-mentioned programmes resemble a conditional cash transfer on the basis of compliance with attendance rates and a required minimum level of performance. Either the mothers (in the Primary Education Stipend Programme) or the girls (in the Female Secondary School Assistance Project) are held responsible for complying with these conditions. The programmes have been reported as being generally successful in raising enrolment rates. Particularly commendable is the progress made in eliminating gender disparity at the primary and secondary levels. While in the past, education attainment for Bangladeshi women was among the lowest in the world, Bangladesh now reports gender equality in enrolment. (Paragraph 83)

Despite this success, studies indicate that the programmes exclude those who most need the stipend.31 For example, reports indicated that approximately 46 per cent of stipend resources of the Female Secondary School Assistance Project go to the non-poor and two thirds of the very poorest children are excluded.32 The Ministry of Education admits that there are leakages in the disbursement of grants, and that corruption persists. This is mainly because the targeting process concentrates decision-making powers in the hands of certain people, such as school management committee members or influential political figures. There is also a risk of "elite capture" of the programmes, since social and political pressure often results in selection biased in favour of children from relatively wealthy and influential families.33 In relation to the Primary Education Stipend Programme, for example, teachers have reported that the programme tools for identifying beneficiaries often lead local authorities to exclude poorer students and select those who are in a better position to meet the inclusion criteria.34 The problems associated with targeting and mismanagement raise important human rights concerns. (Paragraph 84)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee remains concerned about the ineffective implementation of existing laws to prevent corporal punishment and the existence of certain regulations in schools that permit forms of corporal punishment. Furthermore, the Committee is concerned that although the Constitution prohibits cruel, inhuman or degrading treatment, children continue to be victims of corporal punishment and other forms of cruel and degrading treatment because of its acceptance in law and in society.

The Committee recommends that the State party take necessary actions to stop corporal punishment and other cruel or degrading forms of punishment currently widely accepted and practiced and, inter alia:

a) Enforce existing laws to explicitly prohibit corporal punishment;

b) Raise public awareness to transform societal attitudes towards the disciplining of children and prevention of corporal punishment at home, in schools, institutions and workplaces;

c) Provide training and advocacy to promote alternative, non-violent forms of discipline in the family, schools, institutions, and communities; and

d) Ensure that all cases of corporal punishment are investigated and perpetrators are brought to justice. (Paragraphs 48 and 49)

Universal Periodic Review (February 2009)

16. Taking into account the provisions of the CRC, take further measures to prohibit all forms of violence against children, including corporal punishment and to raise the minimum age of criminal responsibility (Brazil) (accepted)

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Early and forced marriage

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee is concerned about the persistence of harmful traditional practices, including dowry, early and forced marriages, particularly involving girls, and the negative impact on their health, development and full enjoyment of their rights. Girls also experience gender-based violence as a result of these practices.

The Committee recommends that the State party take urgent legislative measures to prohibit early and forced marriages and other traditional practices harmful to the health and development of boys as well as girls. The Committee urges the State party to introduce gender-sensitive awareness- raising programmes, with the involvement of community leaders, for practitioners, families, and the general public to prevent and end harmful practices, especially in rural areas. The Committee also recommends that the State party adopt effective measures to empower girls in the family, school and community settings. (Paragraphs 67 and 68)

UN Committee on the Elimination of Discrimination against Women
Last reported; 25 January 2011
Concluding Observations adopted: 4 February 2011

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. (Paragraph 28)

UN Special Rapporteur on Freedom of Religion or Belief
Country visit: 15024 May 2000
Report published: 9 August 2000

Special mention was made of the difficulties involved in implementing legislation protecting women's rights, particularly in rural areas, largely because of traditions — notably religious traditions or those attributed to religion. For example, it was explained that legislation on the registration of marriages and the minimum age for marriage conflicted with the widespread practice of forcing minors to marry (aimed mainly at preventing all extramarital sexual relations, which are subject to cultural and religious prohibitions). According to some non-governmental estimates, around 800,000 minors were married without their consent every year. These marriages involving minors (which are illegal under positive law) are not, of course, registered by the authorities, as required under the law on the registration of marriages. It has also been estimated that many marriages, including those involving women of legal adult age, were not registered. This was especially the case in rural areas, due either to the fact that people were not informed about the requirement to register, or to certain illegal practices on the part of officials who demanded money for the registration of marriages. This apparently widespread situation of non-registration of marriages is especially harmful because it encourages the practice of repudiation, and thus reveals the limited implementation of divorce laws. Despite the existence of the Anti-Dowry Prohibition Act, this situation also helps to maintain the tradition of the dowry, thereby placing women in the humiliating position of being objects of bargaining. This practice also contributes to the vulnerability of wives, who are sometimes victims of violence on the part of their husbands concerning goods inherited or due to be handed down by the parents to the married women. According to non-governmental sources, 239 women were subject to dowry-related violence in 1998. Of those victims, 60 per cent were murdered, and three per cent committed suicide. Many wives apparently suffered acid attacks — a practice that appears to be widespread within the context of dowry-related conflicts. (Paragraph 76)

For the reasons outlined above, the State also seems to be at a standstill with regard to all those initiatives that are regarded as unpopular, but are necessary in terms of human rights, such as the re- examination of the Vested Property Act, the adoption of legislation in favour of women, notably the reform of religious personal laws and the abolition of polygamy, as well as measures (including through sanctions) to implement laws on the registration of marriages and divorce and the minimum age for marriage. (Paragraph 98)

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Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee notes the information shared by the State party delegation on the three-phase programme of prevention, protection and prosecution and welcomes the formulation of the National Plan of Action against Sexual Exploitation and Abuse of Children, including Trafficking (NPA-SEACT). However, the Committee is concerned about the lack of implementation of the Plan and the lack of information on the sale of children.

The Committee reiterates, with urgency, its previous recommendation that the State party concentrate its efforts to combat the sale of children and trafficking, and, inter alia:

a) Ensure that child victims of sale and trafficking are not criminalised;

b) Strengthen partnerships with the community, relevant NGOs and international development partners to provide child victims of trafficking with adequate recovery and social reintegration services and programmes;

c) Undertake an in-depth study on the trafficking in children in order to assess its scope and root causes and enable effective monitoring, and adoption of measures to prevent, combat and eliminate it;

d) Exchange information and expertise among relevant ministries, national and international organisations and improve coordination and the availability and reliability of data disaggregated by age, sex, and ethnic and socio-economic background of children who are sold or trafficked within the State party or to neighbouring countries;

e) Consider ratifying the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime; and

f) Seek technical assistance from, among others, ILO, UNODC, and UNICEF. (Paragraph 88 and 89)

UN Committee on the Elimination of Racial Discrimination
Last reported: 19 March 2001
Concluding Observations published: 27 April 2001

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

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 sensitisation trainings for border police and law enforcement personnel.

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 harmonise 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 across 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. (Paragraphs 21 and 22)

Universal Periodic Review (February 2009)

16. Review its domestic legislation and practice to bring them both in compliance with its international obligations in the area of the rights of the child, in particular regarding (i) protection against kidnapping and trafficking, (Czech Republic) (accepted)

23. Continue to take measures towards the effective implementation of the National Plan of Action against Sexual Abuse and Exploitation of Children including Trafficking (Turkey). (accepted)

International Labour Organisation
Individual Observation concerning the Worst Forms of Child Labour (Convention No. 182)
Published 2011

Article 3 of the Convention. Clause (a). Sale and trafficking of children.

Under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Yet as the ILO Committee notes, several areas of concern arise in regards to sections 5(1) and 6(1) of the Suppression of Violence against Women and Children Act (SVWCA), which aim to prohibit the traffic and sale of women and children for purposes of prostitution or immoral acts. However, as the ILO Committee notes, by virtue of section 2(k) of the SVWCA, as amended in 2003, a "child" means a person under 16 years of age; consequently, it had observed that the SVWCA does not prohibit the sale and trafficking of boys between 16 and 18 years of age. In response, the Government has indicated to the Committee that it would take the necessary steps to amend the SVWCA in order to ensure that the sale and trafficking of all children under 18 years of age is prohibited.

However, as the Committee states in its report, no developments have been made so far with regard to the amendments to the SVWCA. It once again notes the Government's indication that it will gradually take the necessary measures to amend the SVWCA in order to ensure that the sale and trafficking of all children under 18 years of age is prohibited. Another area of concern for the Committee is that the provisions under the SVWCA cover only trafficking for sexual exploitation, and do not prohibit the sale and trafficking of children, both boys and girls, for labour exploitation. Under Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation is considered to be one of the worst forms of child labour and must be stopped.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Law enforcement agencies

The Government has initiated two projects, namely, the Community Based Working Child Protection Project (CBWCP), enacted by the Ministry of Home Affairs, and the Actions for Combating Trafficking-in-Persons (ACT), executed by the International Organization for Migration (IOM). These government programmes aim to combat human trafficking, enhance preventive and protective measures, improve victim care and strengthen the Government's capacity to prosecute trafficking and trafficking-related crimes.

However, data from a recent report further states that the Ministry of Home Affairs' Anti-trafficking Monitoring Cell has found that from 2008-2009 there was evidence of official complicity in human trafficking said of. The report further indicates that politicians and regional gangs were also involved in human trafficking.

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Child labour

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee notes with appreciation the important measures taken by the State party to eliminate child labour from the ready-made garment sector and the establishment of a Child Labour Eradication Network in eight districts. Nevertheless, the Committee is concerned at the continuing high incidence of child workers in five selected worst forms of child labour- namely, welding, auto workshops, road transport, battery recharging and recycling, and work in tobacco factories. The Committee is also concerned at the lack of enforcement mechanisms of specific laws to protect child workers, absence of mechanisms to monitor child workers' working conditions, insufficient awareness among the public of the negative effects of child labour and its worst forms, and the very limited data on the number of children affected. Moreover, the Committee notes with concern that girls engaged as child domestic workers are more vulnerable to violence and exploitation, although among child workers in general, the proportion of boys is higher than that of girls.

The Committee recommends that the State party take urgent measures to

monitor and address exploitative forms of child labour and to:

a) Enforce the law to explicitly prohibit employment of children under 18 in hazardous work;

b) Improve data collection and monitoring mechanisms in order to enforce existing labour laws and implement policies to protect children from economic exploitation;

c) Consider approval of the National Child Labour Policy 2008;

d) Consider ratifying the Minimum Age for Admission to Employment ILO Convention (No. 138); and

e) Seek technical assistance from ILO, UNICEF, and relevant partners for the development of gender sensitive and child-friendly rehabilitation and reintegration programmes for child labourers. (Paragraphs 82 and 83)

Universal Periodic Review (February 2009)

22.Take steps to eradicate child labour such as finalising the National Child Labour Policy and implementing the plan of action to eliminate the worst forms of child labour (Australia); Ensure an effective monitoring mechanism to oversee the implementation of the National Child Labour Policy (Turkey); Eradicate child labour starting with taking steps to finalise the National child labour policy and to implement the plan of action to eliminate the worst forms of child labour (Netherlands) (accepted)

UN Independent Expert on the question of human rights and extreme poverty and the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
Country visit: 3-10 December 2009
Report published: 22 July 2010

The independent expert was informed that significant progress has been made in reducing child labour. The prevalence of child labour is, however, still worrying. According to the latest figures of the Bangladesh Bureau of Statistics, in 2003, there were 7.4 million children aged between 5 and 17 years engaged in economic activity, among which 3.32 million were below the age of 14.50 Despite the national laws, policies and programmes in place, the enforcement of legal provisions regarding education and child labour is poor. Bangladesh ratified the ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182) in 2001, but it has yet to ratify the Convention concerning Minimum Age for Admission to Employment (Convention No. 138). The Labour Act of 2006 requires the Government to regularly identify the hazardous occupations in which no child under 18 years should be involved, together with other provisions to prevent harmful child labour, but which remain unimplemented. The independent expert is concerned by this persistent gap between the official commitments made by the Government and their implementation. (Paragraph 105)

Despite significant ongoing work in bringing the Labour Code into compliance with international standards and to ratify ILO conventions, the independent expert notes that the Labour Act of 2006 falls short on a number of issues, such as child labour and the employment of domestic workers. Similarly, the 2004 law on export processing zones is not in full compliance with ILO conventions on freedom of association and collective bargaining, which Bangladesh has ratified. (Paragraph 122)

Ensure respect for labour standards, also by revising relevant legislation, such as the Labour Act of 2006, to ensure that it complies with international human rights standards and principles. The Government should also significantly strengthen the mechanisms that enforce labour standards, consider ratifying the ILO Convention concerning Minimum Age for Admission to Employment (Convention No. 138), and increase efforts to prevent and respond to child labour, in particular in its worst forms. (Paragraph 126 d)

International Labour Organisation
Individual Observation concerning the Worst Forms of Child Labour (Convention No. 182)
Published 2011

Clause (d). Hazardous work. Child domestic workers

According to a recent survey by the ILO entitled, "Baseline Survey on Child Domestic Labour in Bangladesh, 2006", the number of child domestic workers in Bangladesh was estimated at 421,426, mostly girls, of which 147,943 were in Dhaka city alone, and the rest in other urban and rural households. About six per cent of the child domestic workers were below the age of 8 years, 21 per cent below the age of 11 years and 74 per cent below the age of 17 years. The report further indicates that more than 99 per cent of the children in domestic service worked seven days a week for exceedingly long hours, and more than 52 per cent of them did not receive any wages. Consequently, the Committee has reminded the Government that, pursuant to Article 3(d) of the Convention, work or employment in conditions that are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1.

Part V of the report form. Application of the Convention in practice

The Committee had previously noted that the Committee on the Rights of the Child (CRC), in its Concluding Observations, expressed concern that data on the extent of the sale of children, child prostitution and child pornography and on the number of children involved in these activities was severely limited - mainly due to the absence of a comprehensive data collection system (CRC/C/OPSC/BGD/CO/1, paragraph 6). In response, the Government has stated that the child safe labour surveys conducted in 1995-97 and 2001-03 indicated a reduction in child labour (of the age group of 5-14 years) from 18.3 per cent to 14.2 per cent, respectively. The former has noted, however, that the CRC, in its Concluding Observations of 26 June 2009 (CRC/C/BGD/CO/4, paragraph 82), expressed concern at the continuing high presence of child workers in five selected worst forms of child labour: welding, auto workshops, road transport, battery recharging and recycling, and work in tobacco factories. The CRC also expressed concern at the lack of enforcement mechanisms of specific laws to protect child workers, the absence of mechanisms to monitor the working conditions of child workers, insufficient awareness among the public of the negative effects of child labour and its worst forms, and the restricted data on the number of children affected.

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Low minimum age of criminal responsibility

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee also notes with concern that the legal age of criminal responsibility has been raised to only 9 years.

[The] Committee recommends that the State party inter alia:

b) Raise the minimum age of criminal responsibility to at least 12 with a view to raising it further as recommended in the Committee's General Comment No. 10 on the rights of the child in juvenile justice, 2007; (Paragraphs 92 and 93)

Universal Periodic Review (February 2009)

16. Taking into account the provisions of the CRC, take further measures to prohibit all forms of violence against children, including corporal punishment and to raise the minimum age of criminal responsibility (Brazil) (accepted)

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Inappropriate use of, and conditions in, detention for children

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee appreciates the efforts of the State party to address the previous concluding observations including removal of some children from adult jails, establishment of juvenile development centres and the increased training for judges, magistrates and law enforcement officers concerned with juvenile justice. However, the Committee expresses great concern about information indicating that children younger than 15 years old had been condemned to life sentences and children younger than 18 years old to the death penalty. The Committee also notes with concern that the legal age of criminal responsibility has been raised to only 9 years. Furthermore, the Committee is concerned at the remaining number of children in adult jails and ill-treatment of children in custody by police, the length of police detention, and the absence of Juvenile Courts.

The Committee reiterates its previous recommendation that the State party bring the system of juvenile justice fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards including the UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee's General Comment No. 10 on the rights of the child in juvenile justice, 2007. In this regard, the Committee recommends that the State party inter alia:

a) Ensure with immediate effect that neither the death penalty nor life sentences are imposed for offenses committed by persons below 18 years of age;

b) Raise the minimum age of criminal responsibility to at least 12 with a view to raising it further as recommended in the Committee's General Comment No. 10 on the rights of the child in juvenile justice, 2007;

c) Consider the establishment of specialised Juvenile Courts across the country, the appointment of trained juvenile judges, and offer training for professionals;

d) Limit by law the length of pre-trial detention of children;

e) Continue efforts to ensure that children deprived of liberty are separated from adults, that they have a safe, child-sensitive environment in police custody, and that they maintain regular contact with their families, and to review the decision of detention with a view to its withdrawal;

f) Adopt a global and national policy in prevention and promotion of alternative measures to detention such as diversion, probation, counselling, community service or suspended sentences, wherever possible;

g) Provide children, both victims and accused, with adequate legal and other assistance at an early stage of the procedure and throughout the legal proceedings;

h) establish an independent body for the monitoring of detention conditions and receiving and processing complaints by children in detention; and

i) Request further technical assistance in the area of juvenile justice and police training from the UN Interagency Panel on Juvenile Justice, which includes UNODC, UNICEF, OHCHR, and NGOs. (Paragraphs 92 and 93)

Universal Periodic Review (February 2009)

Review its domestic legislation and practice to bring them both in compliance with its international obligations in the area of the rights of the child, in particular regarding (i) protection against kidnapping and trafficking, and (ii) the juvenile justice system including through providing adequate separate facilities of corresponding capacity for juveniles in detention or prison and adopting specific measures for the protection of their human rights (Czech Republic) (accepted)

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Inadequate sanitation and access to safe water

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

Similarly, the Committee notes that access to safe drinking water for children and access to sanitation facilities have increased. Nonetheless, the Committee remains concerned that health improvements have not yet reached the most vulnerable children, that the neonatal mortality rate and child malnutrition rate are still very high and that the number of cases of preventable waterborne and communicable diseases still continues to be high. It also notes with concern the high incidence of child accidents and injuries, especially drowning, the growing inequity in access to health services as well as the dependence on donor funds for the procurement of vaccines.

The Committee recommends that the State party:

b) Include prevention and reduction of young child injuries and accidents in coordinated strategies to achieve MDG 4 (reduction of child mortality);

c) Take all necessary measures to increase access to free primary health services with particular attention to pre-natal and post-natal care for children and their mothers;

d) Build national capacities to train health workers and medical practitioners, and to increase the number of skilled birth attendants;

e) Carry out, in partnership with relevant and competent partners, awareness-raising campaigns on the importance of antenatal care, neonatal care and breastfeeding; and

f) Adopt specific measures to ensure that minority and indigenous children are not discriminated against in the enjoyment of their right to access basic and specialised health services. (Paragraphs 59 and 60)

UN Independent Expert on the question of human rights and extreme poverty and the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
Country visit: 3-10 December 2009
Report published: 22 July 2010

Women, children, persons with disabilities, minorities, indigenous peoples and refugees have been identified as being the groups most vulnerable to extreme poverty and as having limited access to the rights to sanitation and water. The experts recognise that extreme poverty has multiple dimensions in terms of the enjoyment of numerous civil, economic, political, social and cultural rights. The section below highlights some important human rights concerns and focuses on the connections between extreme poverty and lack of access to water and sanitation for these groups. (Paragraph 14)

Women and girls, who are disproportionately represented among the poor, are negatively affected by lack of access to sanitation and safe drinking water, further exposing them to the likelihood of continued poverty. Although the Constitution guarantees women equal rights, discriminatory social norms often prevail, denying them the effective enjoyment of their rights and perpetuating their experience of poverty. Adverse cultural patterns related to violence against women, property rights, inheritance law, dowry and early marriages prevent women from fully participating in society and enjoying their human rights. Social norms also dictate that women and girls bear the primary responsibility for collecting water, taking time away from their education and income- producing activities. Furthermore, women lose out on work and educational opportunities because they are ill or have to care for sick relatives, affected by diseases caused by lack of safe water and sanitation. Ensuring safe and regular access to water and sanitation within the vicinity of the household tailored to the specific needs of women has a decisive impact in eliminating poverty. (Paragraph 15)

The Government has taken important steps to improve the situation of children, including by helping to ensure that children have access to safe drinking water and sanitation and providing hygiene education. The Government has also taken measures aimed at the reduction of child mortality, increased school enrolment and achieving better gender parity in education. Nevertheless, the situation of children, especially those living in extreme poverty, remains a concern. (Paragraph 17)

While the experts welcome the fact that more children are enrolled in schools, they are concerned that the overall drop-out rate is still high, with official data indicating that almost half of children enrolled in primary school do not finish grade 5. Poor children are more likely to drop out of school than rich ones, and girls have a higher drop-out rate once they reach adolescence.1 The experts call on the Government to pay particular attention to the sanitation and water factors that can hinder access to education; for example, when children are sick from lack of access to safe drinking water and sanitation, or when girls have to spend long periods collecting water, they do not go to classes. Furthermore, the drop out rate of adolescent girls can be related to whether they have access to separate latrines or appropriate facilities for ensuring menstrual hygiene. (Paragraph 18)

As children's health is directly related to continued and deepening poverty, the experts welcome the Government policy of increasing vaccination, which has contributed to lower child mortality rates. However, the experts are concerned that children in vulnerable situations, especially those living in urban slums and street children, are less well covered.2 The experts are troubled by the high infant mortality rate, which stands at 43 infants per 1,000 live births.3 Moreover, they are concerned that 51,200 children reportedly die annually as a result of diarrhoea, which is most frequently caused by lack of sanitation and safe drinking water. (Paragraph 19)

UN Special Rapporteur on the Right to Food
Country visit: 23 October-4 November 2002
Report published: 29 October 2003

In terms of access to safe drinking water, which is an essential part of healthy nutrition, the installation of millions of tubewells across Bangladesh constituted progress until arsenic contamination of these tubewells prompted their reconsideration. Millions of small-scale tubewells have been sunk in Bangladeshi villages, which have provided access to water for many millions of people for both drinking water and irrigation. This has brought with it some great advances: using drinking water from groundwater, rather than surface ponds, has radically reduced the prevalence of waterborne disease, including diarrhoea, which was one of the major causes of premature death, especially of small children and babies. Increased availability of water for irrigation purposes has improved food security by enabling agriculture outside of the rainy season and significantly improving productivity. (Paragraph 13)

In terms of access to water, considerable progress has also been made in improving access to water across Bangladesh through millions of small-scale tubewells for both drinking water and irrigation. Using tubewells instead of surface ponds has radically reduced the prevalence of water-borne disease, including diarrhoea, which was one of the major causes of premature death, especially of small children and babies. Increased availability of water for irrigation purposes has improved food security, enabling agriculture outside the rainy season and improving productivity. However, the Special Rapporteur reiterates his concern about arsenic contamination, which represents a regression in terms of access to fresh and safe drinking water. The poisoning of tubewell water by arsenic is a phenomenon that must be urgently addressed if Bangladesh's progress in social development is to be adequately realised. It should be recognised as well that high levels of malnutrition increase susceptibility to arsenic poisoning, which means that many Bangladeshis are at high risk, particularly women. There is also growing concern about the possible uptake of arsenic into the food chain, through the use of contaminated irrigation water. It has been demonstrated in a few studies that there is a risk that if crops, especially fruit, leaf vegetables and tubers, are irrigated using arsenic-contaminated water, then the arsenic may become present in the food produced. More broad-based and comprehensive studies will be needed to establish if this is the case. The urgency for dealing with the arsenic issue is therefore clear. There is an urgent need for immediate simple solutions, that can be replicated across millions of villages, such as the provision of tanks to collect rainwater. (Paragraph 40)

There is an urgent need for a public information campaign on arsenic that makes suggestions for immediate and low-cost solutions that Bangladeshi villages can put immediately into effect, in addition to continued studies and discussions regarding longer-term solutions to the problem. In the immediate term, one of the best solutions appears to be the collection of rainwater to use as drinking water by building small family cisterns to collect rainwater.30 Remedial action will be possible, given that Bangladesh benefits from high rainfall and has abundant access to surface water; however, it will require immediate and strong political will on the part of the Government. Places such as schools and hospitals should be tested immediately to ensure that children and others are not unnecessarily exposed to arsenic contamination; (Paragraph 54 d)

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High rate of malnutrition

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee notes with appreciation the progress in child and maternal health including a reduction in the under-five mortality rate, increased measles coverage rate, and decreased underweight prevalence in children under five. Similarly, the Committee notes that access to safe drinking water for children and access to sanitation facilities have increased. Nonetheless, the Committee remains concerned that health improvements have not yet reached the most vulnerable children, that the neonatal mortality rate and child malnutrition rate are still very high and that the number of cases of preventable waterborne and communicable diseases still continues to be high.

The Committee recommends that the State party:

a) Adopt a coordinated and cost-effective strategy to accelerate the reduction of under-nutrition in children including the effective use of micro-nutrients especially for children (6 to 24 months) and adolescents and continue to work with parents, family members, health workers, and community leaders to change negative behaviour regarding children's nutrition; (Paragraphs 59 and 60)

UN Special Rapporteur on the Right to Food
Country visit: 23 October – 4 November 2002
Report published: 29 October 2003

Many of Bangladesh's men, women and children are profoundly affected by macro and micronutrient deficiencies. Every year, 30,000 children become blind due to vitamin A deficiency. Over half the population is affected by iodine deficiency, including 80 per cent of children. The effects of malnutrition are also compounded by inadequate utilisation of nutrients, given difficult conditions in terms of access to water, sanitation, health services. (Paragraph 6)
However, it is women who are most profoundly affected by malnutrition in Bangladesh. Malnutrition levels show a marked gender disparity - far more girl children are underweight and stunted than boy children. This is largely due to patterns of discrimination against women and girls, given the custom that women eat last, which means that they often eat least. The implications of gender discrimination are broad, given the essential role that women play in food production and in assuring the nutrition of the household. It is also increasingly being recognised that high rates of maternal malnutrition have impacts on society as a whole, as underweight mothers are more likely to give birth to underweight babies. (Paragraph 7)

One out of five Bangladeshi children dies before his or her fifth birthday, two-thirds from malnutrition-related illnesses.4 Half of all children below the age of 5 are underweight and stunted in their growth. This is predominantly due to the vicious circle of hunger that is passed on through the generations, as malnourished mothers give birth to malnourished babies. Over 45 per cent of all mothers are malnourished and underweight, and 30 per cent of all babies are born underweight. This has terrible implications: as we now know, malnourishment in the womb, combined with childhood malnourishment, fundamentally affects not only the physical growth of children, but also mental growth, learning abilities and life possibilities. (Paragraph 8)

However, the Special Rapporteur was concerned by signs of regression in the realisation of the right to food. Levels of inequality began rising over the 1990s, with growing disparities between urban areas and poorer rural areas. Gender disparity in nutrition also not only continues to persist, but deteriorated in the 1990s. Government statistics show that girls are increasingly likely to be more underweight and stunted than boys, with the most severe cases of malnutrition. Maternal malnutrition also continues to be very high, particularly in rural areas.27 In general, around half of the babies born in Bangladesh are underweight at birth, compared with one-sixth of babies born in Africa and under 10 per cent in Europe and the United States, a significant difference which seems to be largely due to the persistence of social discrimination against women and the fact that women eat last and eat least. (Paragraph 39)

Gender discrimination remains a powerful obstacle to the realisation of the right to food in Bangladesh, with women more malnourished than men. Although women are protected and guaranteed equality by the law, existing social values, reinforced by religion, permit discrimination against women. The fact that women eat last and eat least reflects an unequal distribution of food within the household which should be understood as another form of violence against women. It should also be recognised that the malnutrition of women is a contributor to the low birth weight and high mortality of infants, both girl and boy children. The best way to ensure that babies are not born underweight is to ensure the health and nutrition of women. Other forms of discrimination encourage violence against women and contribute to and reinforce the undervaluation of women, including dowry-related violence, child marriage and "acid-throwing" where women are intentionally disfigured by acid thrown in the face as vengeance for refusal of marriage proposals. Important work is being done by both the Government and non-governmental organisations to address these issues, but more still needs to be done. (Paragraph 48)

More work needs to be done to challenge patterns of gender discrimination, given increasing disparities in malnutrition rates between men and women, girls and boys. There is a particular need to understand that underweight mothers will have an affect on the health of the whole society, as malnourishment in the womb can severely affect the physical and mental growth of babies. Patterns of discrimination whereby women eat last should be challenged, particularly where this implies that they also eat least, and they should be understood as a form of violence against women. The implementation of legal protections in place to protect women should be strengthened, including protection against other forms of violence against women such as acid-throwing or child marriage. The Government should withdraw its reservations to the Convention on the Elimination of all forms of Discrimination against Women. More attention should be paid to implementing the laws and bridging the gap between laws and practice, and the Special Rapporteur urges the Government to show strong political will in support of women's rights to help eradicate the violence and discrimination against women in Bangladesh; (Paragraph 54 e)

The Special Rapporteur was very encouraged by the important progress that Bangladesh has made in overcoming the threat of famine and mass starvation that haunted its past, despite being faced with so many climatic and other challenges. Improved disaster management and raising levels of cereal production to self-sufficiency levels has significantly reduced chronic food shortage and insecurity and contributed to the progressive realisation of the right to food.24 Progress has been made in reducing malnutrition, particularly of small children. The numbers of underweight infants has fallen from 72 per cent in 1985 to 51 per cent in 2000 and infants with stunted growth has fallen from 69 per cent in 1985 to 49 per cent in 2000.25 Child mortality levels have also fallen, from 94 deaths per 1,000 live births in 1990 to 66 in 2000, which means that fewer children are dying from malnutrition or malnutrition-related diseases before their fifth birthday. In the last decade, the number of Bangladeshis suffering from poverty has fallen by 10 per cent.26 Progress in broader social developments has also been made, as noted above. (Paragraph 38)

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Low rate of birth registration

UN Committee on the Rights of the Child (Concluding Observations, June 2009)

The Committee appreciates the entry into force of the Births and Deaths Registration Act on 3 July 2006. While the Committee welcomes the progress made recently to increase birth registration to about 50%, it is concerned that the birth registration rate is still very low. Further, the Committee is concerned about the continuing difficulties associated with the manual registration system and issuance of birth certificates. The Committee also expresses concern that lack of registration is a basis for discrimination and exclusion from access to social services especially in the case of children whose father- or both father and mother- are unknown, children born to single mothers, children born out of wedlock, and refugee children.

The Committee recommends that the State party take all necessary measures to accelerate free of charge birth registration for all children born within the national territory, including children whose father- or both father and mother- are unknown, children born to single mothers, children born out of wedlock, and refugee children. It also recommends that the State party carry out information and awareness-raising campaigns for parents and the community at large on the need to register births. The Committee encourages the State party to consider the use of a mobile registration system to reach remote areas, and the introduction of a national electronic birth registration system. The Committee urges the State party to allow children without official documentation to access social services, such as health and education, while waiting to be registered. (Paragraphs 40 and 41)

Universal Periodic Review (February 2009)

16. Intensify its efforts to implement without delay existing laws concerning the protection of the rights of the child, including the births and deaths registration Act of 2004 (Italy) (accepted)

UN Independent Expert on the question of human rights and extreme poverty and the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
Country visit: 3-10 December 2009
Report published: 22 July 2010

Lack of birth registration is also a major obstacle for children living in poverty, because it hinders their access to social benefits and their protection from labour exploitation and early marriage. The experts recognise the importance of the Births and Deaths Registration Act and welcome the extension of free birth registration until July 2010. The commitment by the Government to ensure birth registration of all children must be maintained and strengthened in order to further raise birth registration rates which, while having improved, still only cover just over half the population. (Paragraph 20)

UN Special Rapporteur on Freedom of Religion or Belief
Country visit: 15-24 May 2000
Report published: 9 August 2000

In a voluminous report entitled "Government of the People's Republic of Bangladesh — National Action Plan for Women's Advancement: Implementation of the Beijing Platform for Action," the Special Rapporteur noted the following recommendations with interest:

Ministry of Land: Ensure equal ownership by women with men over Khas land distributed.
Ministry of Religious Affairs: Review curriculum of imam training from a gender perspective and insert sessions on women's and girls' issues and rights. Ministry of Youth and Sports: Mobilisation of youth of both sexes through youth clubs or other programmes to promote and ensure birth, marriage and death registration; to prevent child marriages and work actively against the practice of dowry. Ministry of Law, Justice, and Parliamentary Affairs: Strong action to be taken against fatwas being used to victimise women — amend existing laws to prevent discrimination against women.
Local government Division: Enforce registration of all births, deaths and marriages. (Paragraph 41)

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Countries

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