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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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UN Committee on Economic, Social and Cultural Rights
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UN Committee on the Elimination of Racial Discrimination
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/BTN/CO/8-9
Concluding observations published: 18 November 2016
Positive Aspects: The Committee welcomes the adoption of the Child Care and Protection Act, in 2011, which contains provisions on combating trafficking in children;The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, both in 2009.The Committee commends the establishment of the National Law Review Taskforce in charge of harmonising laws with contradictory provisions, including provisions pertaining to women and children, but notes that there is no timeframe for the completion of the harmonisation process. The Committee recommends that the State party establish a clear timeframe for the completion of the harmonisation of laws and ensure that consultations that are currently being undertaken by the Women, Children and Youth Committee of the National Assembly on the harmonisation of laws are participatory and include a thorough gender analysis of all laws in the State party that are in conflict with other statutory laws and the Convention (paras 5, 6, 8, 9).
Access to justice and legal complaint mechanisms: The Committee commends the State party’s continued efforts to improve access to justice in the State party through the provision of legal aid under the Jabmi Act of 2003 and the establishment of specialised courts for women and children. The Committee recommends that the State party ensure that specialised courts for women and children are well resourced and accessible, and that women are informed through awareness raising programmes about the legal remedies available to them (paras 10, 11).
National machinery for the advancement of women: The Committee welcomes that the National Commission for Women and Children (NCWC), which is the body responsible for coordinating the advancement of women, has been strengthened by, inter alia, increasing its human resources and appointing a Minister as its chairperson. The Committee also notes that the NCWC is currently undergoing an organisation review following the expansion of its mandate to monitor the implementation of the Child Care and Protection Act, 2011, the Child Adoption Act, 2012, and the Domestic Violence Prevention Act, 2013. The Committee commends the State party for its efforts to incorporate the Sustainable Development Goals (SDGs) into its Gender Indicator Handbook with the help of the National Statistics Bureau and the NCWC, and splitting its mandates on children and women such that the gender component is a separate one with exclusive emphasis on gender. However, the Committee is concerned at the lack of disaggregated data on women and girls, which would inform the State party’s programming activities (para 12).
The Committee recommends that the State party strengthen coordination between the National Commission for Women and Children and the Gender Focal Persons in Dzongkhags (districts), and ensure that Gender Focal Persons receive adequate training on women’s rights, particularly gender mainstreaming; Provide information in the next periodic report on the activities of the National Commission for Women and Children in monitoring gender mainstreaming activities, including gender- responsive budgeting; and ensure that it has adequate human and financial resources to effectively discharge its expanded mandate (para 13).
Stereotypes and harmful practices: The Committee remains concerned at the persistence of discriminatory stereotypes and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society. The Committee recommends that the State party intensify cooperation with the media in order to educate the general public and raise awareness about existing gender stereotypes that persist at all levels of society and monitor the use by the media of its Ethical Guidelines so that it portrays positive images of women and girls as active participants in political, economic and social life (paras 14, 15).
Gender-based violence against women: The Committee commends the adoption by the State party of the Domestic Violence Prevention Act in 2013 and its Rules and Regulations in 2015. The Committee also commends the State party for adopting the Penal Code (Amendment) Act in 2011, which increases the penalties for the crime of rape and extending the establishment of Women and Child Protection Units/Desks to more districts. The Committee is concerned at the lack of specialised courts on gender-based violence against women including domestic violence. It is in particular concerned about the prevalence of gender-based violence against women and girls and the low reporting rate on such cases (para 18).
The Committee recommends that the State party ensure that all cases of violence against women and girls are thoroughly and effectively investigated and that perpetrators are prosecuted and adequately punished; and establish specialized courts to address gender-based violence against women including domestic violence; Establish a coordinated, multi-sectoral system of support services for victims and survivors of gender-based violence against women in line with the Standard Operating Procedures on Case Management and Referral System for Women and Children in Difficult Circumstances, and the Joint Programme on Reducing Violence against Women and Children in order to contribute to Gross National Happiness; Continue to enhance the capacities of the Royal Bhutan Police and other law enforcement agencies to prevent and respond to cases of gender-based violence against women and girls through the institutionalization of capacity building programmes and by increasing the number of Women and Child Protection Units (para 19).
Trafficking and exploitation of prostitution: The Committee welcomes the adoption of the Child Care and Protection Act of 2011, which contains a section on combating trafficking in children and the State party’s efforts to revise the definition of the crime of trafficking in line with international standards. The Committee notes that the State party is in the process of formulating Standard Operating Procedures for a Multi-Sectoral Response to Combat Trafficking in Persons and that a proposal aimed at identifying the lead agency on trafficking has been submitted to the Cabinet. However, the Committee is concerned that the State party remains a source and destination country of trafficking in persons, in particular women and girls, mainly for purposes of forced labour and sexual exploitation and at the lack of adequate shelters for women and girls who are victims of trafficking; Girls, mostly from rural areas, are frequently subjected to exploitative domestic work (para 20).
The Committee recommends that the State party intensify efforts to address the root causes of trafficking in women and girls and ensure the rehabilitation and social integration of victims, including by providing them with access to shelters, legal, medical and psychosocial assistance; Collect data on the extent and forms of trafficking in women and girls, disaggregated, inter alia, by age and region; Collect data on women in prostitution and on exploitation of prostitution, particularly in the Drayangs, and ensure that the planned study of women in prostitution analyses the gender aspects of recruitment and exploitation of women and girls (para 21).
Education: The Committee welcomes the efforts made to increase women’s literacy such as the provision of scholarships for girls and the delivery of the Non-Formal Education Programme (NFE). The Committee notes that in line with the Bhutan Education Blueprint 2014-2023, the State party has established residential “Central Schools” in order to reduce the high drop-out rates due to marriage and pregnancy. The Committee notes that as a result of these measures, the number of Extended Classrooms (ECs), designed to reduce walking distances to schools and, therefore, improve access for girls, has been reduced. The Committee is, however, concerned at the high dropout rate between the primary and secondary levels, and about the high illiteracy rate among women and girls in the State party (para 24).
The Committee recommends that the State party develop measures aimed at ensuring the effective retention of women and girls in schools, especially when they are making the transition from primary to secondary school and at higher levels of education; Undertake an impact assessment on the effectiveness of “Central Schools” and on the impact of the reduction of Extended Classrooms in reducing school-drop among girls due to marriage and pregnancy, and provide information on the findings in the next periodic report (para 25).
Employment: The Committee notes that the State party is engaged in consultations with the private sector to establish child care facilities and to consider extending to their employees more favourable conditions of employment regarding parental benefits. However, the Committee recommends that the State party strengthen efforts aimed at eliminating structural inequalities and occupational segregation, both horizontal and vertical; introduce a more progressive policy on child rearing so that responsibilities are shared by men and women, and improve the provision of child care facilities. Intensify efforts to address the root causes of trafficking in women and girls and ensure the rehabilitation and social integration of victims, including by providing them with access to shelters, legal, medical and psychosocial assistance (paras 26, 27).
Health: The Committee commends the State party for its efforts to reduce maternal and infant mortality by introducing mobile clinics, which provide pre natal and postnatal services at community levels. The Committee is, however, concerned that, despite the provision of free contraceptives, early pregnancy rates and sexually transmitted infections including HIV among young women remain high. The Committee recommends that the State party intensify the provision of sexual and reproductive health information and services to women, including modern methods of contraception, including to rural women and girls; Take appropriate measures to address economic barriers and substance abuse in order to reduce suicide rates among women and girls (paras 28, 29).
Marriage and family relations: The Committee notes that the State party’s legislation still provides that custody of children under the age of 9 is automatically granted to the mother unless the courts decided otherwise, which reinforces gender stereotypes. The Committee is also concerned at the operation of traditional systems of inheritance alongside the Inheritance Act of 1980, as well as the persistence of early and forced marriages, particularly in the eastern region. The Committee recommends that the State party undertake a study aimed at understanding how the various practices on inheritance law, both formal and informal, discriminate against women and girls; Enforce the Marriage Act 1980, which sets the minimum of marriage at 18 for women and men; and intensify efforts aimed at raising awareness in order to curb early and child marriages, particularly in rural areas (paras 36, 37).
CEDAW/C/BTN/CO/7
Last reported: 23 July 2009
Concluding Observations issued: 7 August 2009
Violence: The Committee welcomes the various initiatives taken by the Government to address sexual, gender-based and domestic violence, including the commissioning of a report on violence against women, setting up mobile police stations, training the police on gender issues, and initiatives taken by civil society, such as opening a crisis and rehabilitation centre for women victims of such violence. The Committee further welcomes the delegation's indication that a bill on domestic violence would be tabled by 2010. The Committee is nonetheless concerned that violence has reportedly been experienced by women in marriage, within the family and at their workplaces, and that the State report has identified a low level of awareness among women of their rights and that there is a culture of silence. The Committee considers that there are many issues to address in the fight against violence against women, particularly in light of the very few court cases on sexual and other forms of violence against women. The Committee is further concerned that domestic girl child workers may be particularly vulnerable to such violence. (Paragraph 19).
The Committee urges the State party to give priority attention to eliminating all forms of violence against women, as well as increasing access to justice for women victims of such violations, including in remote and rural areas. The Committee encourages the State party to enact legislation, including on domestic violence, as a matter of priority. Such legislation should ensure that violence against women and girls constitutes a criminal offence and the basis of a civil claim; that perpetrators are prosecuted and punished in accordance with the seriousness of the offence; and that women and girls, including in remote and rural areas, who are victims of such violence have access to protection. The Committee encourages further training and awareness-raising for law-enforcement officials and health-care providers to ensure that they are sensitized to all forms of violence against women. The Committee also recommends that the State party adopt measures to increase the number of women working on these issues, including in the police force and other law-enforcement agencies.
Trafficking: Recalling the signing of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution and welcoming new measures to combat trafficking, including the specific training of law-enforcement personnel and the introduction of mobile police units, the Committee nonetheless expresses concern at the growth of this phenomenon. The Committee is further concerned at the definitions of trafficking and prostitution included in the Penal Code, which may be at variance with the international definition of these terms, particularly where women trafficked for sexual exploitation are concerned. In addition, the Committee regrets the lack of information available on this issue in the State party's report, and is further concerned at the lack of protection for women at risk of trafficking, and the limited support, shelter and psychological help available to victims, as well as at the very low number of court cases on these and related issues. (Paragraph 21).
The Committee urges the State party to intensify its efforts to combat all forms of trafficking. It encourages the State party to undertake research to determine the scope of the problem, and to collect and analyse data on trafficking available to the police and international sources. Further, the Committee encourages the State party to align its national definition of prostitution and trafficking with international standards, and recommends that the State party intensify its efforts to provide support to girls and women at risk, including through the development of mechanisms for access to justice and alternative livelihood options as well as further training of the judiciary, law-enforcement personnel, including the border police, medical service personnel and social workers. The Committee further recommends that bilateral measures and agreements be considered with countries of origin and neighbouring countries.
Education: While noting the progress made regarding girls' enrolment in primary education, including that 83 per cent of qualified girls attend primary school, the impact of community primary schools and the expansion of the Continuing Education Programme, as well as the work done by NGOs in this field, the Committee is concerned at the growing gender gap and higher dropout rates of girls in secondary and further education. The Committee is also concerned at the limited access to schools for girls who live in rural and remote areas, due to a lack of qualified teachers and safe transportation and the inadequate infrastructure of the schools. The Committee is further concerned at the high rate of illiteracy among girls and women. While taking due account of the revision of textbooks to address the issue of gender sensitivity, the Committee remains concerned about traditional attitudes in some parts of the country, which may contribute to the low levels of education of women and girls. (Paragraph 25).
The Committee urges the State party to adopt and implement targeted measures to ensure equal access for girls and women to all levels of education. More specifically, the Committee recommends that the State party examine the possibility of providing incentives to girls and their families to encourage them to remain in schools. The State party should take all necessary steps to increase the number of qualified teachers, adequate educational infrastructure, including in rural and remote areas, as well as adequate transportation. The Committee also urges the State party to take measures, including the development of non-formal education, to address girls' and women's illiteracy, including through the continuation and increase of programmes for adult education. In addition, the Committee urges the State party to take the necessary steps to encourage pregnant girls and married girls to continue their education.
Health: While noting the free access to traditional and modern health care and the Government's intent to continue to commit the necessary resources in this field, as well as the major qualitative and quantitative progress made in certain areas of maternal and reproductive health care, the Committee is concerned at the lack of information provided on the overall health of women, including specific information on the morbidity and mortality rates and on early detection of women screened for breast, ovarian and uterine cancers. Regarding reproductive health, taking due account of the progress achieved regarding access to contraception, the Committee is concerned at the lack of information regarding the frequency of medical consultations for pregnant women, as well as information regarding family planning measures and sex education for young and adolescent girls, and its consequent impact on teenage pregnancies. The Committee is also concerned at the limited access to confidential medical care and advice in this context, and notes that despite efforts aimed at improving access to emergency general and reproductive medical care in remote and rural areas, this remains limited. Further, the Committee is extremely concerned at the prevalence of HIV/AIDS among women under the age of 25. (Paragraph 27).
The Committee recommends that the State party continue to take measures to improve women's access to general, mental health and reproductive health care, for all women, including older women, and women in rural and remote areas. The Committee requests the State party to provide information in its next periodic report regarding the existence of an integral health policy for women, including facilities for cancer screenings. It urges the State party to make every effort to increase women's access to health-care facilities and confidential medical assistance by trained personnel, in particular in rural and remote areas, despite the difficult terrain. It further recommends that family planning and reproductive health education be widely promoted, including in remote areas, and targeted at girls and boys, with special attention being paid to the prevention of early pregnancies and the control of sexually transmitted diseases. The Committee urges the State party to undertake comprehensive research to determine the factors leading to the feminization of HIV/AIDS, with a view to developing appropriate strategies to reduce women's vulnerability to the disease.
Child Labour: The Committee is concerned at the persistence of child labour, in particular the situation of girl child domestic workers, mainly from rural and remote areas, who work long hours, do not have access to education and may be subject to violence. (Paragraph 31).
The Committee urges the State party to strengthen its efforts to eradicate domestic child labour abuse, and ensure that children, in particular girls, have access to education, health care and social protection, as well as enjoy the protection of the minimum labour standards elaborated by the International Labour Organization. Further, the Committee recommends that the State party engage in a public outreach campaign to inform the population about the need to ensure that the rights of all children are respected, including access to education and medical care.
Child Custody: The Committee is concerned that custody of children under the age of 9 is automatically granted to the mother, reinforcing gender stereotypes, and that children who are 9 years of age or older have the right to choose their custodian. The Committee is further concerned that there is insufficient information in the report regarding the various practices and laws regulating, inter alia, marriage and its dissolution, including inheritance, and family relations. While welcoming that the legal age for marriage of men and women is 18, the Committee is concerned at the persistence of illegal underage marriage. The Committee also remains concerned at the continuing existence of polygamy in some parts of the country. (Paragraph 33).
The Committee recommends that the State party bring its provisions regarding custody of children on dissolution of marriage in line with article 16, paragraph 1 (d), of the Convention, which highlights the need to take into account the best interests of the child. In addition, the Committee requests that the State party provide in its next periodic report information on marriage and its dissolution, including inheritance and family relations, which would facilitate a better understanding of the situation in this context. The Committee also encourages the State party to take effective measures, including through legal action and public outreach campaigns, to put an end to the practice of illegal underage marriage. The Committee recommends that the State party take appropriate action to end the practice of polygamy, in accordance with the Committee's general recommendation No. 21, on equality in marriage and family relations.
Minority groups: The Committee recalls its previous recommendation on the situation of ethnic Nepalese women who lost their Bhutanese citizenship following the enactment of the 1958 Citizenship Act, and expresses its continued concern at the impact that this may have on women acquiring citizenship based on their marital status and passing their citizenship to children born outside of the country, as well as children with non-national fathers, in particular those under 15 years of age, whose rights, including to education and access to health care, may be limited. (Paragraph 35).
The Committee is encouraged by the State party's willingness to resume talks with the Government of Nepal and recommends that it resolve all outstanding issues, including ensuring full access to free education and health services to all children under 15 years of age.
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UN Committee against Torture
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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UN Committee on Enforced Disappearance