BHUTAN: 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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Gender-based violence and domestic violence

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee, while welcoming the measures undertaken to combat domestic violence, including the establishment of the Women and Child Protection Unit within the police, notes that cases of abuse and violence remain underreported and that physical and psychological recovery measures for victims are lacking.

The Committee urges the State party to;

(a) Reinforce mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation considered by article 19, including within the family, in schools and in institutional or other care;

(b) Ensure that professionals working with children (including teachers, social workers, medical professionals, members of the police and the judiciary) receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children;

(c) Strengthen support for victims of violence, abuse, neglect and maltreatment in order to ensure their access to adequate services for recovery, counselling and other forms of reintegration;

(d) Establish a 24-hour three digit toll free child helpline service, in order to be able to reach out to children throughout the country. (Paragraphs 48 and 49)

UN Committee on the Elimination of Discrimination against Women
Last reported: 23 July 2009
Concluding Observations adopted:7 August 2009

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.

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 sensitised 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. (Paragraphs 19 and 20)

Universal Periodic Review (December 2009)

A - 38. Continue, in collaboration with the National Commission for Women and Children and other relevant stakeholders, to pursue public advocacy campaigns and promote greater awareness and understanding of the rights of victims of violence against women (Serbia); (accepted)

A - 39. Continue to work towards eliminating all violence against women and to increase access to justice for women victims of violence, including in remote and rural areas (Canada); Further address the issue of eliminating violence against women and children (Japan); (accepted)

A - 42. Consider realising as soon as possible its plans to establish four more women and child protection units in the other major towns (Singapore); (accepted)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee, while noting that the State party is undertaking measures to promote alternative forms of disciplining, is concerned that corporal punishment has yet to be prohibited at home, in schools and in alternative care settings, including monasteries. The Committee is concerned that corporal punishment is still practiced.

The Committee recommends that the State party:

(a) Adopt legislation as soon as possible, explicitly prohibiting all forms of corporal punishment of children in all settings, including the home;

(b) Take all measures to ensure the enforcement of the law, conduct capacity building of professionals working with children, carry out awareness raising and public education campaigns against corporal punishment and promote non-violent, participatory methods of child- rearing and education, while taking into account the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. (Paragraphs 37 and 38)

Universal Periodic Review (December 2009)

NC - 41. Prohibit corporal punishment of children at home (Slovenia); (no clear position)

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Education (high number of drop-outs, regional and gender-based disparities)

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee welcomes that the Constitution guarantees free education to all children of school going age up to the class ten. The Committee also notes achievements in education indicators, such as the decrease of the gender gap, and the planned construction of primary and community schools. However, the Committee is concerned that informal fees are still charged in schools, that additional costs have not been waived for all parents and that education has not been made compulsory. The Committee is furthermore concerned that a remarkable number of children are not enrolled, that regional disparities persist, that repetition and drop-out rates are still high and that gender parity has yet to be still achieved. The Committee is also concerned that early childhood care and education as well as vocational training are not yet expanded to the extent needed.

The Committee recommends that the State party:

(a) Ensure that primary education is compulsory and free of all costs and accessible in an equitable manner for all children;

(b) Strengthen efforts to achieve enrolment of all children in school and completion of primary education with a view to expand secondary education by, inter alia, building new schools and providing better equipment of all schools;

(c) Improve the quality of education by adapting curricula to new developments and introducing interactive teaching and learning methods;

(d) Provide more early education facilities and vocational training centres accessible in all regions of the country;

(e) Give children who have left school before graduation or never attended school non-formal opportunities to begin or complete their education;

(f) Seek technical assistance from UNICEF and UNESCO in this regard. (Paragraphs 60 and 61)

UN Committee on the Elimination of Discrimination against Women
Last reported: 23 July 2009
Concluding Observations adopted: 7 August 2009

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.

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. (Paragraphs 25 and 26)

Universal Periodic Review (December 2009)

A - 70. Ensure compulsory and free of all costs primary education for all children (Azerbaijan); (accepted)

A - 75. Take action to encourage pregnant and/or married girls and women to continue their education (United States) (accepted)

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Inadequate health care services (including adolescent and reproductive health education)

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee welcomes the reduction of infant mortality and the measures the State party has undertaken to expand and improve access to the public health care system. It also welcomes that article 9.21 of the Constitution provides for free access to basic public health services. However, the Committee is concerned over the number of children who continue to be malnourished and over the lack of trained health workers and medical practitioners.

The Committee recommends that the State party:

(a) Continue to make efforts to give free access to health services and ensure equitable access for the entire population;

(b) Develop a strategy to combat malnourishment and food insecurity;

(c) Build national capacities to train health workers and medical practitioners.

The Committee notes the introduction of the Adolescent Reproductive Health Education and Life Skills Programme in 2002. However, the Committee remains concerned that further measures are required in order to address adolescent sexual and reproductive health issues.

The Committee recommends that the State party:

(a) Take all necessary measures, including by providing information and education, with respect to adolescent reproductive health and by making a comprehensive range of contraceptives widely available and by increasing knowledge about family planning;

(b) Undertake a comprehensive and multidisciplinary study to assess the scope of adolescent health problems including mental health issues;

(c) Take into account the Committee’s general comment no. 4 on adolescent health (CRC/GC/2003/4) of 2003. (Paragraphs 52 to 55)

UN Committee on the Elimination of Discrimination against Women
Last reported: 23 July 2009
Concluding Observations adopted: 7 August 2009

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.

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 feminisation of HIV/AIDS, with a view to developing appropriate strategies to reduce women's vulnerability to the disease. (Paragraphs 27 and 28)

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Child labour

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee welcomes that the State party has established the minimum age for admission to employment at 18 in the Labour and Employment Code of 2007, however notes that underage children are still required to work under certain circumstances. The Committee is concerned over the high incidence of child labour, insufficient awareness among the public of the negative effects of child labour and the lack of available data on the number of children affected, as recognised in the State party report.

The Committee recommends that the State party:

(a) Undertake a national study to ascertain the root causes and extent of child labour;

(b) Design and conduct campaigns to raise awareness of the negative effects of exploitative child labour;

(c) Consider membership in the ILO and subsequently ratify the ILO Convention No. 138 concerning the Minimum Age for Admission to Employment and ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour;

(d) Seek technical assistance from the ILO and UNICEF. (Paragraphs 66 and 67)

UN Committee on the Elimination of Discrimination against Women
Last reported: 23 July 2009
Concluding Observations adopted: 7 August 2009

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 Organisation. 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.

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Discrimination against people of Nepalese ethnic origins (particularly with regards to nationality)

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes that the State party is undertaking efforts to improve the situation of vulnerable children, particularly those living in rural-remote areas, and children with disabilities. However, it remains concerned that gender discrimination, the lack of services for children with disabilities, the gap of resources between rural and urban areas and the disparities in the enjoyment of rights experienced by children of Nepalese ethnic origin, particularly in relation to their right to a nationality, to education and to health services.

The Committee recommends that the State party:

(a) Take effective measures, including enacting or rescinding legislation where necessary, to prevent and eliminate discrimination, in accordance with article 2 of the Convention, in all fields of civil, economic, social and cultural life;

(b) Establish accessible and effective mechanisms and procedures to monitor, receive and address complaints of discrimination (e.g. prompt appeal in circumstances of denial of school enrolment);

(c) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes towards different ethnic groups. (Paragraphs 25 and 26)

The Committee is concerned about the restrictive conditions to acquire Bhutanese citizenship and notes that the Constitution requires both parents to be of Bhutanese nationality in order for the child to acquire their nationality. The Committee is concerned about children who, as a consequence of the restrictive citizenship requirements, risk being or are stateless.

The Committee urges that State party to:

(a) Take the necessary measures to ensure that no child is or risks being stateless, in accordance of article 7 of the Convention;

(b) Consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (Paragraphs 33 and 34)

The Committee expresses concern at the ability of children belonging to minority groups, in particular of Nepalese ethnic origin, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

The Committee recommends that State party recognise the rights of children belonging to minority groups to enjoy their own culture, practice their religion and to use their language. (Paragraphs 72 and 73)

UN Committee on the Elimination of Discrimination against Women
Last reported: 23 July 2009
Concluding Observations adopted: 7 August 2009

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.

Universal Periodic Review (December 2009)

NC - 77. In line with recommendations of the Committee in the Rights of the Child, enhance efforts to find a prompt solution for either the return or resettlement of people living in refugee camps, with particular attention to children and women and reunification of families (Germany); Focus on refugees from Bhutan in camps in eastern Nepal wishing to return to Bhutan and in particular, at this juncture, on addressing those cases with compelling humanitarian concerns (Netherlands); (no clear position)

NC - 78. Step up efforts to find a sustainable solution for refugees through discussion with relevant parties, and attach particular importance to children and women and the need for families to remain together (Algeria); Enhance efforts to find a prompt solution for the return or resettlement of people living in refugee camps in eastern Nepal (Denmark); Intensify efforts to find a sustainable solution to the situation of Bhutanese refugees in Nepal, in agreement with neighbouring States (France); Take active measures to find a solution in Nepal and Bhutan for the remaining number of refugees (Norway); (no clear position)

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Detention of minors

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes that child-related provisions have been included in the Penal Code, 2004 and the Civil and Criminal Procedure Code, 2001. Furthermore, the Committee notes that the draft Juvenile Justice Act has been amended as a draft Child Care and Protection Act.

The Committee recommends that the State party:

(d) Ensure that deprivation of liberty is used only as a measure of last resort, for the shortest period of time, is expressly authorised by a court and that juveniles are separated from adults during such deprivation. (Paragraphs 70 and 71)

Working Group on Arbitrary Detention
Country visit: 17-22 October 1994
Report published: 13 June 1996

Although most of the difficulties encountered in implementing the recommendations have been overcome, some remain. They were the subject of an agreement with the authorities concerned, as follows:

(c) To make the penalty system more flexible. According to law, the judge may pronounce only a prison sentence, even for minor misdemeanours and first offences. He may not suspend a prison sentence nor substitute a fine for imprisonment, except in the case of minors. The only possibility is to reduce the sentence to the minimum imprisonment called for by law. Based on the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), alternative measures should be considered, such as suspended sentences and probation. The possibility of suspending sentences seems to be desired by many judges, firstly because of its deterrent and therefore preventive effect (if the accused repeats his offence, he must serve the first and second prison terms non-concurrently; and secondly, in order to avoid the risk of overcrowding in the prisons. If fines were to be allowed for the same reason, the law should stipulate that the judge must take into account the standard of living of the convicted person. The Government does not rule out the possibility of such provisions being introduced in the draft reform of the Code of Criminal Procedure. A similar initiative could be envisaged while a sentence is being served, based on probation: a prisoner who has been on good behaviour and who shows a clear willingness to re-adapt can, after serving a significant part of his term (for example, at least one half), enjoy a measure of freedom, as long as he fulfils certain obligations (for example, not frequenting a given place or person, reporting periodically to the police, or compensating the victim. Such an initiative could also be taken as part of the draft reform of the Criminal Code; (Paragraph 54)

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Inadequate services for children with disabilities (particularly with regards to education)

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes measures the State party has undertaken to enhance access to specialised services and education for children with disabilities. However, the Committee regrets that there still are no accurate figures on the number of children with disabilities in Bhutan and that the resources dedicated to guaranteeing the implementation of the rights of children with disabilities are inadequate.

The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly res. 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, take all necessary measures to:

(a) Adopt an inclusive education strategy and elaborate a plan of action in order to increase the school attendance of children with special needs and focus on day care services for these children in order to prevent their institutionalisation;

(b) Ensure that all children with special needs receive the appropriate care;

(c) Support activities of NGOs (including organisations of parents) and cooperate with them in the process of developing community based day care services for children with special needs;

(d) Consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol;

(e) Undertake a survey on the causes and extent of disabilities of children;

(f) Seek technical assistance from relevant international organisations and agencies. (Paragraphs 50 and 51)

Universal Periodic Review (December 2009)

A - 32. Reinforce the human rights protection of vulnerable and disabled children (Chile); (accepted)

A - 33. Improve the situation of vulnerable children, particularly those living in rural and remote areas, and children with disabilities (Azerbaijan); (accepted)

A - 34. Establish specialised services to meet the needs of children with disabilities (Spain); (accepted)

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Inadequate laws on adoption

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes that, while there are no regulations or guidelines in relation to adoption, a draft adoption act is pending.

The Committee recommends that the State party evaluate its adoption practices and enact legislation in accordance with the best interests of the child and article 21 of the Convention. The Committee also recommends that the State party consolidate its data collection system and provide more information on domestic and inter-country adoptions. Furthermore, the Committee recommends that the State party ratify the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption in order to avoid the sale of children through irregular adoptions. (Paragraphs 46 and 47)

Universal Periodic Review (December 2009)

A - 6. Take measures to expedite the enactment of the adoption bill and the child care and protection bill by Parliament (Serbia); (accepted)

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Inadequate measures taken against sexual exploitation

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes with appreciation that the State party has strengthened national legislation and that a national plan of action is being drafted to combat commercial sexual exploitation of children. However, the Committee notes with concern that the extent and prevalence of sexual exploitation of children remains undocumented. The Committee notes that there is no formal age of sexual consent.

The Committee recommends that the State party:

(a) Undertake a comprehensive study to document the number of children victims of sexual exploitation and abuse and to identify the root causes;

(b) Adopt and ensure the implementation of the national plan of action against commercial sexual exploitation of children, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;

(c) Continue to undertake awareness-raising campaigns on sexual abuse and commercial sexual exploitation perpetrated against children, on their causes, extent and negative impact on the development of the child;

(d) Train professionals working with the administration of justice, in order to receive and investigate complaints in a child-sensitive manner that respects the privacy of the victim;

(e) Establish institutions and train professionals responsible for the rehabilitation and reintegration of child victims;

(f) Ensure adequate resources in order to investigate cases of sexual abuse and exploitation and prosecute and impose adequate sentences for such crimes;

(g) Consider including a formal age of sexual consent in the legislation. (Paragraphs 68 and 69)

Universal Periodic Review (December 2009)

A - 44. Promote measures to combat the commercial sexual exploitation of children (Japan); (accepted)

Countries

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