BELARUS: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Belarus - 8th Session - 2010
12th May, 2.30pm to 5.30pm

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

National Report

51. Education grants are received by 24.3 per cent of children. The State provides free food for children under the age of 2 in low-income families.

68. The introduction of targeted preventive programmes has held down the spread of HIV/AIDS on the whole. The proportion of young people in the 15–19 age group who were infected with HIV fell from 24.5 per cent in 1996 to 2.3 per cent in 2008. The principles of confidentiality and respect for human rights and freedoms are observed when providing medical assistance for persons living with HIV.

71. The Constitution guarantees the right of Belarusian citizens to receive free primary and secondary education. Every year Belarus spends no less than 6 per cent of its GDP on support for education. The indices of the Belarusian population’s literacy are some of the highest in the world and stand at 99.7 per cent among adults and 99.8 per cent among minors. More than 91 per cent of preschool-age children in urban areas and more than 60 per cent in rural areas attend nursery schools.

72. The government budget finances 40 per cent of the costs of children’s meals in nursery schools and of the care, medical and psychological monitoring services.

73. General basic education is compulsory with an enrolment rate of 100 per cent of children in the corresponding age group. More than 1 million pupils attend the 3,672 general schools functioning in the country.

74. Belarus achieved the goal of universal primary education set in the Millennium Declaration within the appointed time frame.

75. Children enjoy wide possibilities of developing their creative abilities and of engaging in various types of sport. Every second pupil attends special institutions providing out-of-school training and education. Within the country there are 384 out-of-school educational institutions and 522 out-of-school cultural institutions.

76. Every individual has the right to receive free higher education in State universities provided that he/she passes a competition. There are 43 State universities and 10 private universities in operation in the country. The indicator of the number of students per 10,000 members of the population in Belarus stands at 435 persons.

77. Serious attention is paid to inclusive education for disabled children. At present 60 per cent of pupils with special psychological needs attend ordinary schools. The possibility has been created for disabled youngsters to receive special secondary and higher education. Legislation provides for the payment of an extra 50 per cent on top of educational allowances for disabled pupils and students.

78. Foreign citizens and stateless persons who are permanently resident in the territory of Belarus and refugees have the same rights as Belarusian citizens to receive education at all levels.

79. Non-local students and those attending higher, secondary, specialized and vocational educational colleges receive financial assistance for hostel or rented accommodation and for travel to the place where their family lives.

80. According to the United Nations Human Development Report 2009, in the sphere of education Belarus outstrips many States in the group of countries with a very high human development index (United Kingdom, Germany, Greece, Israel, Portugal, Switzerland and Japan) and comes second in the CIS.

95. Children make up approximately 19 per cent of the population of Belarus.

96. Belarusian legislation consolidates the fundamental rights of the child and establishes a nexus of measures to protect them. Every child has the inalienable right to life, a decent standard of living and healthy development. The provisions on non-discrimination against children are of great significance in that they lay down that all children have equal rights irrespective of their or their parents’ origin, race, ethnicity, nationality, social status, means, gender, language, education, attitude to religion, place of residence, state of health or other circumstances.

97. Legislation guarantees the physical integrity of the child and his/her protection from all forms of violence and exploitation.

98. Children are entitled to protection of their honour and dignity and to protection against any unlawful interference in their personal life. Considerable importance is attached to strengthening the rights of children to freedom of opinion, belief and expression. Legislation guarantees the right to receive, hold and disseminate information, as well as the right to protection from information harmful to the child’s health or moral and spiritual development. Particular mention must be made of the recognition of children’s right themselves to initiate action to defend their rights. In the event of their rights being violated, children may turn to the Commission on Minors’ Affairs, guardianship and trusteeship bodies, the Procurator’s Office and, once they have reached the age of 14, the courts in order to protect their rights and lawful interests through their legal representatives.

99. A National Commission on the Rights of the Child has been set up in order to secure compliance with the Convention on the Rights of the Child. It supervises respect for children’s rights and lawful interests. The Commission has authorized representatives throughout the country. It has competence to consider individual reports (complaints) of violations of children’s rights and in essence fulfils the role of a national human rights institution for the defence of children’s rights.

100. A national plan of action is being carried out to improve the situation of children and safeguard their rights and three large-scale State programmes are being implemented: Children of Belarus, Youth of Belarus and Young Talent of Belarus.

101. As a result of consistent State policy to protect children’s rights and lawful interests, the number of children abandoned by their parents fell from 525 in 2002 to 136 in 2008.

102. In keeping with modern international practice and the recommendations of human rights bodies, the number of children in residential care dropped to 9,541 in 2009, a reduction of 32 per cent compared with 2002. Moreover, in the last five years, the proportion of orphaned children under alternative forms of guardianship has gone up from 62 to 72.7 per cent and the number of national adoptions has risen by 32 per cent. Favourable note was taken of progress in this respect in the most recent UNESCO report.

103. Children have extensive possibilities of self-expression. In Belarus there are 23 children’s voluntary associations and 141 youth associations, which receive organizational and financial support from the State.

104. In order to ensure more effective all-round protection of children’s rights, the State actively cooperates with civil society, including with voluntary organizations such as the Belarusian Association of UNESCO Clubs, the Belarusian Association for Assistance to Handicapped Children and Young People, the Belarusian Children’s Fund, Children against Violence, Ponimanie (“Understanding”), etc. These organizations supplied information for the UPR on measures being taken in Belarus to implement the rights of the child.

124. In 2009, Belarus was visited by the Special Rapporteur on trafficking in persons, especially in women and children of the Human Rights Council of the United Nations. At the end of the visit, the Special Rapporteur commended the Government’s efforts to combat the trafficking in persons at the national and international level.

UN Compilation

10. In 2009, the UNCT highlighted that, in 2006, Edict No.675 significantly expanded the composition, authority and functions of the National Commission on Rights of the Child set up in 1996. Being an inter-ministerial steering committee, the National Commission on Rights of the Child is responsible, inter alia, for providing protection of children’s rights and legitimate interests and monitoring implementation of the national programmes to support children and families.24

42. Noting the official priority policy on deinstitutionalization, in 2002 CRC, expressed serious concern, inter alia, about the high number of children deprived of a family environment and placed in institutions.102 It recommended that Belarus, inter alia, take effective measures to prevent and reduce the abandonment of children and to increase and strengthen foster care, family-type foster homes and other family-based alternative care, to place children in institutions only as a measure of last resort and to improve conditions in institutions.103 A 2009 UNICEF report indicated that although the rate of children in formal care has not decreased from 2002 to 2008, the rate of children in residential care has been gradually going down. The proportion of children placed in family-based substitute care to those in residential care has risen from 42 per cent in 2002 to 58 per cent in 2008.104

56. In 2002, CRC noted that the availability of education in the Belarusian language is becoming increasingly limited, from early childhood to secondary education.135

57. A 2009 United Nations Statistics Division source indicated that the net enrolment ratio in primary education was 90.2 in 2007.136 CRC noted that education standards vary greatly to the disadvantage of lower-income neighbourhoods and rural areas.137 Roma children face difficulties in enrolling in school.138

58. In 2004 CERD and CRC, in 2002, welcomed efforts of Belarus to include human rights education in school curricula.139 CERD encouraged expanding and strengthening the existing efforts in human rights education beyond the school system in order to promote understanding and tolerance in society.140

62. In 2009, the ILO Committee of Experts noted that various measures taken to combat trafficking in persons contributed significantly towards increasing the effectiveness of preventing slave trade and ensuring the security of the country’s population.146 The UNCT noted that the number of victims of trafficking registered in Belarus has started to decrease slightly since 2005 due to the fact that several traffickers’ organizations were shut as a result of several years of work.147 In 2009, the Special Rapporteur on trafficking in persons, especially in women and children noted some commendable good practices in relation to compensation for victims of human trafficking and the establishment of an international training centre on human trafficking and migration.148 63. In 2004, CEDAW expressed concern at the continuing negative impact of the Chernobyl disaster on women’s health.149 CRC noted the persistence of the negative consequences of the Chernobyl nuclear plant disaster affecting the population in general and the health and development of children, in particular.150

66. In 2002, CRC recommended that Belarus seek technical assistance from, among others, UNICEF, inter alia, to (a) ensure the full conformity of the national legislation with CRC,153 (b) establish an independent and effective mechanism in line with the Paris Principles,154 combat domestic violence, ill-treatment and abuse of children155 and improve the administration of juvenile justice.156

Stakeholder Information

7. BAUNESCOC reported that the National Commission on the Rights of the Child, with representatives all over the country, was established to supervise the observance of rights and legitimate interests of children. The Commission on Minors’ Affairs also exists.11 The Republican Public Association “Belarusian Children’s Fund” (BCF) noted that the National Commission on the Rights of the Child gives the possibility to each person, including children, to address their specific questions to the public reception centres accessible nationwide.12 The Belarusian Association for Assistance to Children and Youth with Disabilities (BAACYPD)noted that a sustainable system to assist children with disabilities has been established following the adoption of the 2000 Law on Special Education.13

10. BCF reported that the Presidential Program Children of Belarus was approved, and the National Plan of Actions on Improvement of Children’s Status and Protection of their rights for the 2004-2010 and other legislative acts were adopted.16 The Municipal Public Association on the Prevention of Children’s Cruel Treatment “Children not for Violence” (CNFV) noted that the protection of children from commercial sexual exploitation received special attention in the 2008 -2010 Government Program on Combating Trafficking in Human Beings, Illegal Migration and Other Types of Associated Illegal Action. According to CNFV, recent programs support the effective implementation of the country’s obligations under international human rights treaties.17

17. BAUNESCOC noted that the provisions on non-discrimination ensuring equal rights to children without distinction based on origin, race, nationality, civic background, social and property status, sex, language, education, religion, place of residence, health or other circumstances play an important role in protection of children’s rights.29

24. The Global Initiative to End All Corporal Punishment against Children (GIEACPC) indicated that corporal punishment is lawful in foster care and in the home, noting that legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. Corporal punishment is considered unlawful in schools and the penal system. In alternative care settings, it is considered unlawful in institutions under the Rights of the Child Act but there is no explicit prohibition.52

33. BCF highlighted that in the recent years Belarus pays a special attention to children whose rights to family were violated. The Decree no. 18 introduced a definition of “a family in a socially vulnerable situation” and measures have been undertaken to provide assistance to these families. At present 200 entities are in charge of the rehabilitation of minors who are in socially vulnerably situations and in need for a state protection. Due to these measures 23,150 children were deregistered as a person in socially vulnerable situation.70 According to PANIMANIE, the proportion of orphans placed in institutions is low and over 72 % of children without parents are placed in families.71

55. JS2 indicated that there is practically no opportunity to receive a higher education in Belarusian language in an absolute majority of fields of study. The administration of higher educational institutions has made no effort to accommodate students wishing to study in Belarusian-language classes.121

56. CNFV highlighted that a website with legal information related to children’s rights was established.122

59. BAUNESCOC noted that adequate attention is paid for the development of civil society in Belarus. New organisations have been established on a regular basis 125 BPAV indicated that the state bodies provided all necessary conditions for activities of non governmental organisations.126 PANIMANIE noted that the state bodies have taken into account expert opinions of non governmental organisations and have adequate assessment of the country’s capacity in development of system for children’s rights protection.127

Accepted and Rejected Recommendations

The following recommendations were accepted by Belarus:

97. A - 6. Continue strengthening cooperation between the Government and civil society organizations in promoting and protecting human rights in areas such as education, public health and gender equality among others (Malaysia); promote cooperation between the Government and civil society in the area of human rights protection and promotion (Oman);

A - 7. Continue the elaboration and implementation of national action plans in order to improve the situation of children and the protection of their rights (Oman);

A - 8. Continue its action-oriented policy on the reduction of infant mortality, maternal care, combating HIV/AIDs and environmental protection (Azerbaijan);

A - 24. Adopt the measures necessary to stop domestic violence, in particular with regard to the rights of women, and take measures aimed at protecting the victims of domestic violence (Palestine); consider seeking technical assistance to improve its capabilities to combat domestic violence and the abuse of children (Hungary);

A - 26. Continue its good practices such as compensation for victims of human trafficking and the establishment of institutions such as the international training centre on human trafficking and migration (Bhutan); pursue and intensify its initiatives in the area of fighting against human trafficking, a form of modern slavery (Algeria); continue to implement its comprehensive programme to combat human trafficking and to encourage all cooperation with the relevant international organizations in this respect (Azerbaijan); follow up on its initiatives in the fight against the trafficking in persons, especially women and children (Egypt); conduct an evaluation on its anti-trafficking programmes to further strengthen them where appropriate and share its lessons learned in this area (Singapore);

A - 27. Combine national and international efforts to combat human trafficking (Palestine); continue efforts and share best practices on combating human trafficking both nationally and internationally by closely cooperating with concerned parties (Kazakhstan); continue its policy of combating trafficking in persons, especially women and children, at the national and international levels, and provide assistance to victims of trafficking through shelter assistance, rehabilitation and compensation for the victims (Armenia); share its best practices in the area of combating trafficking in women and children with other countries in contemporary situation (Bangladesh); continue its efforts to combat human trafficking at the national and international levels through, inter alia, coordination and cooperation with interested Governments and international organizations (Islamic Republic of Iran); continue consolidating national and international efforts in order to effectively combat the trafficking in human beings (Tajikistan);

A - 29. With regard to the pre-trial detention regime, put in place appropriate measures that would allow for separation of detainees on the basis of gender and age (Malaysia);

A - 32. Consider establishing and improving the juvenile justice system (Kazakhstan);

A - 33. Continue its efforts to reduce the number of children without parental care, including by advancing the ongoing initiatives to address this issue (Cuba);

A - 34. Strengthen the status of women, protect motherhood and provide support to the family, which is the nucleus of society (Libyan Arab Jamahiriya); continue its positive efforts aimed at raising the status of women in the society, protecting maternity and supporting the family (Democratic People's Republic of Korea); (unsure)

A - 35. Continue to address the needs of children, including providing them with a family environment, and fulfil other rights to the maximum of ability (Bangladesh);

A - 36. Continue its efforts to enhance the rights of women and children and the institution of the family within the framework of national policies and strategies (Islamic Republic of Iran);

A - 45. Continue supporting all programmes aimed at improving the health of its population in order to reduce mortality rates (Sudan);

A - 46. Continue its efforts to reduce the rates of infant mortality as a component of the right to health (Syrian Arab Republic);

A - 54. Continue to carry out reforms in the country in order to fully ensure the protection of human rights and the rule of law in the country, and continue to exchange best practices on combating human trafficking, advancement of women and protection of the rights of the child and family with all United Nations member countries (Lao People's Democratic Republic);

No recommendations were rejected by Belarus

The following recommendations are pending by Belarus:

98. P - 14. Take appropriate measures against discrimination against persons belonging to ethnic minorities, in particular measures against harassment by police, and allow equal access to education for all persons belonging to minorities (Austria); strengthen its effort to combat and prevent discrimination faced by the Roma and ensure their full participation in the creation of mechanisms and adoption of measures to this end (Finland);

P - 24. Forbid corporal punishment of children and take order in that matter (Brazil);

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Countries

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