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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.
Scroll to: ---------------------------------------- Committee on the Rights of the Child (Concluding Observations - 2004) 36 The Committee notes with deep concern that corporal punishment is permissible under the State party laws and is used as a way of disciplining children at home, as a disciplinary measure by schools as stipulated in the Education Act and as a sanction in the juvenile justice system. 37 The Committee strongly recommends that the State party take legislative measures to expressly prohibit corporal punishment in the family, schools and other institutions and to conduct awareness-raising campaigns to ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, as an alternative to corporal punishment at all levels of society. Human Rights Committee Corporal punishment: The Committee is concerned about the existence in law and in practice of penal corporal punishment in the State party, in violation of article 7 of the Covenant (art. 7). The State party should abolish all forms of penal corporal punishment.(Pargraph 19). Universal Periodic Review - 2008 The following recommendations were rejected: 92. 20. Continue to incorporate the provisions of the Convention on the Rights of the Child into domestic legislation, especially article 19(1), in relation to deep concerns about the corporal punishment of children (Chile); consider changing legislation to expressly prohibit all forms of corporal punishment in all settings (at home, in schools and in other institutions) and conduct awareness-raising efforts to change the public’s attitude to corporal punishment (Slovenia); to continue efforts to eliminate corporal punishment (Brazil, Sweden), especially in schools (Sweden); to put an end, de jure and de facto, to the practice of corporal punishments in traditional judicial systems (France); ---------------------------------------- Discrimination against refugees when it comes to treatment for HIV and AIDS Committee on the Rights of the Child (Concluding Observations - 2004) 50.While welcoming the establishment of the National AIDS Council, chaired by the president, the National AIDS Coordinating Council, the National Policy on HIV/AIDS, the Prevention of Mother to Child Transmission Programme and the programme for AIDS orphans, the Committee shares the serious concern of the State party at the still exceedingly high prevalence rate of HIV/AIDS, especially among women in their child‑bearing years compounded, in part, by inappropriate traditional practices, stigmatization and lack of knowledge on prevention methods. 51In the light of General Comment No. 3 on HIV/AIDS and the rights of children (CRC/GC/2003/3), the Committee urges the State party to strengthen its efforts in combating the spread and effects of HIV/AIDS by, inter alia, training professionals, conducting education campaigns on prevention, improving the prevention of mother to child transmission programme, by providing free and universal antiretroviral medication and improving protection and support for AIDS orphans. UN Committee on the Elimination of Racial Discrimination Last reported 3 / 6 March 2006 HIV and AIDS: The Committee notes with concern that refugees have access neither to the Anti Retroviral (ARV) Therapy Programme nor the Prevention of Mother-to-Child Transmission of HIV Programme. (Articles 2 and 5) The Committee recommends to the State party that it respect the right of refugees to an adequate standard of health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services, and that it grant access of refugees to the Anti Retroviral (ARV) Therapy Programme and the Prevention of Mother-to-Child Transmission of HIV Programme. (Paragraph 19). UN Committee on the Elimination of Discrimination against Women Last reported: 29 January 2010 Concluding Observations published: 5 February 2010 HIV and AIDS: The Committee notes with concern that refugees have access neither to the Anti Retroviral (ARV) Therapy Programme nor the Prevention of Mother-to-Child Transmission of HIV Programme. (Articles 2 and 5) The Committee recommends to the State party that it respect the right of refugees to an adequate standard of health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services, and that it grant access of refugees to the Anti Retroviral (ARV) Therapy Programme and the Prevention of Mother-to-Child Transmission of HIV Programme. (Paragraph 19). Universal Periodic Review - 2008 24. Provide medical follow-up for HIV-positive mothers and respective infected children (Belgium); educate prison populations on the HIV/AIDS virus and respect sanitary conditions of prisons (Belgium); with regard to consensual same- sex activity between adults, take measures to promote tolerance and allow effective educational programmes on HIV/AIDS prevention (Czech Republic); with the support of the international community, continue to fight HIV/AIDS (Bangladesh); ---------------------------------------- Discrimination against indigenous children UN Committee on the Elimination of Racial Discrimination Last reported 3 / 6 March 2006 The Committee is concerned by information according to which the school curricula do not include reference to the history, culture and traditions of non-Tswana ethnic groups. (Articles 5 and 7) The State party is requested to provide information, in its next periodic report, about measures adopted in the field of education aimed at encouraging knowledge of the history, culture and traditions of all tribes. (Paragraph 16) Special Rapporteur on indigenous people Visit undertaken from 19 to 27 March 2009 Education: Regarding education, the Special Rapporteur commends the Government for itscommitment to ensuring universal access to education and notes the aspects of the national school curriculum and educational planning that call for an awareness of diverse cultures. However, interviews with parents and educators at the community level, as well as with officials of the Ministry of Education in the capital, indicate insufficient funding for education programmes targeted at marginalized indigenous groups and a lack of genuine cultural sensitivity in the development, design and implementation of education programmes. Government officials were unable to articulate to the Special Rapporteur precisely how culturally adapted educational programming is being implemented. (Paragraph 36). ---------------------------------------- Violence against children in the family Committee on the Rights of the Child (Concluding Observations - 2004) 44.While taking note that the Women’s Affairs Department commissioned a study in 1998 on the socio-economic implications of violence against women, the Committee remains concerned at the increasing level of domestic violence, at both physical and sexual abuse of children and at the lack of a comprehensive legal and policy framework. 45In the light of articles 19 and 39 of the Convention, the Committee recommends that the State party: (a) Adopt legal measures and comprehensive and responsive policies which will help to change attitudes and improve the prevention and treatment of cases of violence against children; (b) Introduce an effective system for reporting cases of abuse, including sexual abuse, of children; (c) Properly investigate cases of violence against children through a child‑sensitive judicial procedure and impose sanctions on perpetrators, with due regard to the right to privacy of the child; UN Committee on the Elimination of Discrimination against Women Last reported: 29 January 2010 Violence: The Committee is concerned about the prevalence of violence against women and girls, including domestic violence, which appears to be tolerated by society. While noting with appreciation the enactment of the Domestic Violence Act in 2008 which provides civil remedies to victims, including protection orders, the Committee is concerned about the legislative gaps in this area, including the lack of specific legislation on domestic violence, including marital rape. It is also concerned that there is no specific legislation to address sexual harassment. (Paragraph 25). The Committee urges the State party to accord priority attention to the adoption of comprehensive measures to address violence against women and girls in accordance with its general recommendation No. 19 on violence against women. The Committee calls on the State party to enact legislation on domestic violence, including marital rape, sexual harassment and on all forms of sexual abuse as soon as possible. Such legislation should ensure that: violence against women and girls constitutes a criminal offence; women and girls who are victims of violence have access to immediate means of redress and protection; and perpetrators are prosecuted and adequately punished. Universal Periodic Review - 2008 13. Continue to incorporate the provisions of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child into national legislation (Cuba); take further measures to adopt legislation ensuring the implementation of the Convention, in particular in the area violence prevention and sexual exploitation of children (Czech Republic, Argentina) and ensure girls are protected from sexual abuse (Argentina); ---------------------------------------- Discrimination against indigenous children in the education system Committee on the Rights of the Child (Concluding Observations - 2004) 54. The Committee is concerned at the information that primary education is not free for non-nationals and that the State party is considering introducing fees for parents who can afford it. The Committee is also concerned that primary education is not compulsory and at the high dropout rates in particular of girls in secondary schools, partly due to pregnancies. 55The Committee recommends that the State party: (a) Take all necessary measures, legislative and administrative, to ensure that primary education is free and compulsory as required in article 28 of the Convention; (b) Continue to strengthen the activities providing pregnant girls with ongoing access to education (before and after giving birth); (c) Take measures to reduce school repetition and dropout rates; (d) Strengthen its efforts to improve the quality of education by revising curricula, introducing child-centred and active teaching and learning methods; (e) Expand the system of vocational training and improve its quality; (f) Seek international technical assistance from, inter alia, UNICEF and UNESCO. UN Committee on the Elimination of Racial Discrimination Last reported 3 / 6 March 2006 Education: The Committee is concerned by information according to which the school curricula do not include reference to the history, culture and traditions of non-Tswana ethnic groups. (Articles 5 and 7) The State party is requested to provide information, in its next periodic report, about measures adopted in the field of education aimed at encouraging knowledge of the history, culture and traditions of all tribes. (Paragraph 16). UN Committee on the Elimination of Discrimination against Women Last reported: 29 January 2010 Education: While appreciating the State party's efforts in achieving parity in primary education and designing re-entry policies enabling young women to return to school after pregnancy, the Committee is concerned at the low enrolment rate of girls in secondary and higher education, as well as at girls' high dropout rates. The Committee is further concerned that traditional attitudes, early pregnancies and early marriages are among the causes of girls dropping out. The Committee is alarmed at the high number of girls who suffer sexual abuse and harassment by teachers, as well as the high number of girls who suffer sexual harassment and violence while on their way to school. It is also concerned that corporal punishment is accepted in both school and home settings and constitutes a form of violence against children, including the girl child. (Paragraph 31). The Committee recommends that the State party take steps to ensure de facto equal access of girls and young women to all levels of education, overcome traditional attitudes hampering women and girls in their full enjoyment of their right to education, retain girls in schools and strengthen the implementation of re-entry policies enabling young women to return to school after pregnancy in all districts. The Committee further urges the State party to take measures to increase the enrolment of girls in secondary and higher education and recommends the introduction of temporary special measures, in accordance with article 4, paragraph 1, of the Convention and its general recommendation No. 25. The Committee recommends that the State party encourage the collaboration of parents in the implementation of such measures. The Committee calls upon the State party to provide safe transportation to and from schools, as well as safe educational environments free from discrimination and violence. It calls on the State party to strengthen awareness-raising and training of school officials and students, sensitization of children through the media and the establishment of reporting and accountability mechanisms to ensure that perpetrators of sexual abuse and harassment are prosecuted. Special Rapporteur on education Visit undertaken from 26 September to 4 October 2005 Report E/CN.4/2006/45/Add.1 Universal Periodic Review - 2008 16. Continue efforts to achieve universal basic education and reduce primary school drop-out rates, with the support of the international community (Bangladesh); take measures to reverse secondary school drop-out rates resulting from the introduction of cost-sharing (United Republic of Tanzania); ---------------------------------------- Committee on the Rights of the Child (Concluding Observations - 2004) 56.While noting the ratifications made by the State party concerning International Labour Organization Conventions No. 138 concerning the minimum age for admission to employment and No. 182 concerning the worst forms of child labour, the Committee notes with concern the information in the State party’s report that child labour is a serious problem. 57. The Committee recommends that the State party: (a) Undertake studies to assess the incidence and nature of child labour, in particular the worst forms of child labour; (b) Improve the system and quality of labour inspection; (c) Seek international technical assistance; inter alia, from ILO and UNICEF. Universal Periodic Review - 2008 14. Continue the implementation of the National Action Plan for Children 2006-2016 (Cuba); adhere to the National Action Plan for Children and programme for the elimination of child labour (Turkey); implement the programme for AIDS orphans (Finland); design and adopt programmes of action on child labour, as requested by the Committee on the Rights of the Child and ILO (Italy); consider designating an institution for coordination and implementation of policy on children (Chile);
Last reported: 19 / 20 March 2008
Concluding Observations published: 24 April 2008
Concluding Observations published: 4 April 2006
Concluding Observations published: 4 April 2006
Concluding Observations published: 5 February 2010
Concluding Observations published: 4 April 2006
Concluding Observations published: 5 February 2010