BRAZIL: Children's Rights in UN Treaty Body Reports

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.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/64/CO/2

Last reported: 23 February-12 March 2004

Concluding Observations adopted: 28 April 2004

Issues raised:

Roma children: The Committee is concerned by allegations concerning discrimination faced by Gypsies with regard to birth registration and access to schools for their children. In the light of general recommendation XXVII on discrimination against Roma (Gypsies), the Committee invites the State party to clarify this matter (Para 17).

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UN Committee on the Elimination of All Forms of Discrimination against Women

CEDAW/C/BRA/CO/7

Last reported: 13 February – 2 March 2012

Concluding Observations published: 23 February 2012

Issues raised:

Domestic workers: The Committee notes with concern that article 7 (sole paragraph) of the Constitution discriminate against domestic workers as it grants to this category of workers only 9 out of 34 rights enshrined therein and granted to other categories of workers. It is concerned about the negative impact of this provision in the advancement towards the elimination of discrimination against women, as women represent the vast majority of domestic workers in the country, in particular Afro-descendent women and girls, who often suffer from multiple forms of discrimination (Para 12).

Ethnicity: The Committee acknowledges that the State party has adopted temporary special measures aimed largely at achieving equality among its population, such as quotas based on race and ethnicity to increase the number of Afro-descendent and indigenous students enrolled in higher education programmes, such as those related to science and technology. Even though women might benefit from these measures, the Committee is concerned about the lack of a specific assessment on their impact on women, which would allow an evaluation on how effectively these measures have contributed to the acceleration of substantive equality of women. It is further concerned at the apparent inefficiency in the use of temporary special measures targeting different groups of women (Para 16).

The Committee recommends that the State party take further steps to expand the understanding of the concept of temporary special measures and the use of these measures, in accordance with article 4 (1) of the Convention and general recommendation 25 (2004), as part of a necessary strategy towards the achievement of women’s substantive equality, in particular for women with disabilities, Afro-descendent, indigenous and rural women, in fields such as political participation, health, education and employment (Para 17).

Trafficking: While taking note of the State party initiatives to address trafficking in persons such as the establishment, in March 2011, of a parliamentary inquiry commission (CPI) to investigate the causes and consequences of internal and international trafficking in Brazil and the preparation of a Second National Plan to Combat Human Trafficking, the Committee is concerned at the lack of information about the extent of the phenomenon of trafficking in women and girls. It is also concerned about the lack of a comprehensive and concerted approach to combat trafficking in persons. It regrets that the State party has not yet adopted a comprehensive anti-trafficking legislation as recommended by the Committee in its previous concluding observations (CEDAW/C/BRA/CO/6, para. 24). It is particularly concerned at information received stating that women and girls are exploited for the purposes of prostitution and employment in some regions where large development projects are being implemented and about the sexual exploitation of women and girls in touristic zones in the northeast of the country (Para 20).

The Committee recommends that the State party:

a) Consider adopting a comprehensive law against trafficking in persons, in line with the Palermo Protocol, in order to fully implement article 6 of the Convention, and to ensure that perpetrators are prosecuted and punished and victims adequately protected and assisted as previously recommended by the Committee (CEDAW/C/BRA/CO/6, para. 24);

b) Take into consideration the results of the Parliamentary Commission of Inquiry to revise and further adopt and implement the Second National Plan to Combat Human Trafficking (2nd II PNETP) and, design and implement within its framework a comprehensive strategy aimed at combating and preventing the exploitation of prostitution and sex tourism in the State party;

c) Establish a unified national mechanism to coordinate efforts towards preventing and combating internal and international trafficking in persons and protecting victims;

d) Provide information and training on how to identify and deal with victims of trafficking and on anti-trafficking provisions in the domestic law to the judiciary, law enforcement officials, border guards and social workers;

e) Ensure systematic monitoring and periodic evaluation, including the collection and analysis of data on trafficking and on the exploitation of women in prostitution, and conduct comparative studies on trafficking and prostitution and address their root causes, in order to eliminate the risk of girls and women falling victim to sexual exploitation and trafficking; and;

f) Strengthen its efforts at international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and the adoption of joint measures with respect to the prosecution and punishment of traffickers (Para 21).

Education: While taking note of the information provided by the State party, which indicates that Brazilian women are more educated than men and that illiteracy rates among women are lower than among men, the Committee is concerned about the persistent inequalities in the access to education for women and girls based on their race, ethnicity and socio-economic background. It also takes note of the various programmes aiming at bringing a gender perspective to the field of education, such as the Women and Science Program, which targets students from secondary and higher education. However, it regrets, inter alia, the lack of detailed sex-disaggregated data on the rates of enrolment and completion of primary school as well as information on the sex-segregation of the curricula, in particular in technological education in higher levels; programmes in place, aimed at decreasing the illiteracy rate of women over 15 years (9.8%); and the absence of information related to leading causes of school dropout of girls, such as domestic work and teenage pregnancies.

Violence: The Committee is also concerned about the reported vulnerability of adolescent girls to various forms of violence, including trafficking for sexual exploitation (Para 24).

Education: The Committee recommends that the State party:

a) Take steps to overcome the inequalities in the access to education for girls and women based on their race, ethnicity and socio-economic background with the view to ensure them de facto equal access to all levels of education;

b) Undertake specific measures to improve the literacy rate of women over 15 years and/or aiming at encouraging them to complete their basic education through for example the adoption of comprehensive programs of formal and non-formal education and vocational training;

c) Introduce measures to change traditional norms and attitudes as well as school organization practices that militate against girls free choice to pursue non-traditional areas of studies, particularly in technological areas;

d) Implement measures in the National Plan to Combat Violence against Women which target the Ministry of Education and Culture as well as awareness raising campaigns contemplated for schools with a view to enhancing the possibility of adolescent girls completing their formal education; and

e) Conduct a revision of its data on education and provide, in its next periodic report, accurate data and updated information on the measures taken to eliminate discrimination against women in the field of education and results achieved, including on the sex-segregation of the curricula (Para 25).

Healthcare: The Committee acknowledges that the country’s health services are under expansion and that the State party has implemented a number of measures aimed at reducing the maternal mortality rate, such as the establishment of the Rede Cegonha (Stork Network) programme (2011). However, it is concerned that this programme might not sufficiently address all causes of maternal mortality as it merely focuses on care services for pregnant women. It regrets that women who undergo a illegal abortions continue to face criminal sanctions in the State party and that women’s’ enjoyment of sexual and reproductive health and rights is being jeopardized by a number of bills under consideration in the National Congress, such as Bill No. 478/2008 (Estatuto do Nascituro). The Committee is further concerned at the feminization of the HIV/AIDS infection (Para 28).

The Committee urges the State party to: a) Continue its efforts aimed at enhancing women’s access to health care and monitor and assess the implementation of the Rede Cegonha programme with the view to effectively reducing the maternal mortality rate, in particular within disadvantaged groups of women;

b) Expedite the review of its legislation criminalizing abortion in order to remove punitive provisions imposed on women, as previously recommended by the Committee (CEDAW/C/BRA/CO/6, para. 3); and collaborate with all relevant actors in order to discuss and analyze the impact of the Estatuto do Nascituro in further restricting the existing narrow grounds for women to undergo legal abortions, before it is adopted by the National Congress; and

c) Include detailed information in its next periodic report on the Integrated State Plans to Combat the Feminization of HIV/AIDS Epidemic and other STDS (reviewed in 2009) which aims at expanding women’s access across the country to prevention, diagnostic and treatment in connection with sexually transmitted diseases and HIV/AIDS (Para 29).

Juvenile justice: The Committee expresses its concern about the significant increase in the number of women and girls in prison in the State party. It takes note that a large proportion of them have been imprisoned for committing drug trafficking related offences, in particular for having transported drugs (mules) at the request of their partners. The Committee is further concerned at the precarious conditions and overcrowding of some detention facilities; the difficulties faced by women prisoners’ to access to justice, including the lack of interpretation services for indigenous women; the increasing reports of sexual violence in the prisons; and, the lack of adequate health facilities and services for female inmates, in particular pregnant women (Para 32).

The Committee urges the State party to:

a) Take measures to reduce the number of women in conflict with the law, including through targeted prevention programmes aimed at addressing the causes of women’s criminality;

b) Address the situation of women and girls in detention through the development of comprehensive gender-sensitive policies, strategies and programmes, aimed at facilitating their access to justice and ensuring the respect of their fair trial guarantees, in particular for indigenous women; and providing educational, rehabilitative and resettlement programmes for women and girls; and

c) Improve the conditions of women’s detention facilities according to international standards, to solve the overcrowding difficulties in the prisons, guarantee separate residence facilities for men and women inmates; and ensure the provision of adequate health facilities and services, in particular for pregnant women (Para 33).

 

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/BRA/CO/1

Last reported: 25th and 26th August 2015

Concluding Observations adopted: 4 September 2015

Issues raised:

Women with disabilities: The Committee is concerned that measures taken by the State party for preventing violence against women and girls, such as the Maria da Penha law (Law No. 11340/2006) and the Women’s Assistance Hotline – Dial 180, are not effective in combatting violence against women and girls with disabilities, and are not fully accessible to deaf and other women and girls with disabilities.The Committee recommends the State party to take immediate action to adopt a due diligence framework to ensure that its laws, policies and programmes targeting violence against women, including institutionalized women are accessible and effective in preventing and redressing violence against women and girls with disabilities, and include specific measures, targets and indicators (Para 14 & 15).

Children with disabilities: The Committee is concerned that children with disabilities are not systematically involved in decisions that affect their lives and do not have the opportunity to express their opinion in matters that affect them directly.The Committee recommends the State party to adopt safeguards to ensure consultation of girls and boys with disabilities and their representative organizations in all decisions that affect their lives ( Para 18 &19).

Access to justice: The Committee is concerned at the inaccessibility of judicial facilities. It is also concerned about the lack of measures to ensure procedural gender-sensitive and age-appropriate accommodations related to persons with disabilities.The Committee recommends the State party to introduce a national plan to ensure accessibility of judicial facilities. It also recommends to take measures to ensure that legal proceedings include gender-sensitive and age-appropriate accommodations for persons with disabilities. Furthermore, the Committee recommends the introduction of effective training of personnel in the justice, police and prison systems on the rights enshrined in the Convention ( Para 26 & 27).

Freedom from exploitation, violence and abuse: The Committee is concerned at the lack of dedicated mechanisms for identifying, investigating and prosecuting instances of exploitation, violence and abuse against persons with disabilities. The Committee also regrets the lack of disaggregated data on reports, investigations and prosecutions of abuse, exploitation and violence against women, men, girls and boys with disabilities. The Committee recommends the State party to ensure the availability of accessible, effective and independent monitoring of facilities and programmes designed to serve persons with disabilities, and complaint mechanisms in alignment with article 16(3) to ensure that authorities can identify, investigate and prosecute all cases of violence against persons with disabilities. It also recommends to ensure that the Public Ministry and the attorney offices for persons with disabilities investigate cases related to violence and exploitation of persons with disabilities by allocating the necessary human, technical and financial resources.  The Committee recommends that the State party collect disaggregated data and statistics on reports by persons with disabilities of abuse, exploitation and violence, and their outcomes ( Para 32 & 33).

Protecting the integrity of the person:The Committee is deeply concerned that children and adults with disabilities whose legal capacity is restricted through interdiction can be sterilized without their free and informed consent, pursuant to Law No. 9263/1996. It is also concerned that the Statute of Persons with Disabilities (Lei Brasileira de Inclusão da Pessoa com Deficiência), authorizes surgical treatment on persons with disabilities under curatela, in absence of free, prior and informed consent on an unequal basis with others. The Committee recommends the State party take measures to: (a) immediately revise Law No. 9263/1996 and explicitly and unconditionally prohibit the sterilization of persons with disabilities in the absence of their individual prior, fully informed and free consent; (b) ensure that persons with disabilities are provided with support to make informed choices and decisions regarding medical procedures and interventions; and (c) conduct campaigns to raise awareness among families, guardians, medical professionals and managers of institutions of the rights of persons with disabilities, particularly women and girls with disabilities, under article 17 of the Convention (Para. 34 & 35).

Respect for home and family life: The Committee is concerned that persons with disabilities are separated from their children on the basis of impairment. The Committee recommends the State party to take legal action to explicitly prohibit the removal of children on the basis of their parents’ impairment, including where the parent is subject to interdiction. The Committee is concerned at the lack of disaggregated data on the number of families of children with disabilities who have access to community-based supports, such as the Specialized Social Assistance Reference Centers (Centro de Referência Especializado da Assistência Social – CREAS). The Committee recommends the State party to collect and report disaggregated data on the availability of community-based supports for families of children with disabilities, and the number of families who access those services (Para 41, 41, 42 & 43).

Education: The Committee is concerned that children with disabilities are refused admission to schools, or are charged extra fees. Furthermore, the Committee is concerned about a lack of reasonable accommodation and accessible school environments in the mainstream education system. The Committee recommends the State party to strengthen its efforts with adequate budgetary allocations to consolidate an inclusive quality education system. It also recommends to implement a mechanism to prohibit, monitor and sanction disability-based discrimination in the public and private education systems, and to provide reasonable accommodation and accessibility in all educational facilities (Para 44 & 45).

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Ratified in 2008, but not yet reported.

 

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UN Committee on Economic, Social and Cultural Rights

E/C.12/BRA/CO/2

Last reported:12 June 2009

Concluding Observations adopted: 19 May 2009

Issues raised:

Education: The Committee notes that illiteracy rates remain a problem in the State party and that inequalities persist in literacy levels between the white and black populations. The Committee is further concerned that the average illiteracy rate is significantly higher in rural areas in the north of the State party. (art. 2, para. 2) The Committee urges the State party to strengthen remedial action to address the problem of illiteracy, particularly in rural areas and in the Afro-Brazilian community. (Para 12)

Violence: The Committee is concerned at the prevalence of sexual abuse of and violence against children, particularly girls, and at the absence of information on measures taken to address this phenomenon or to assist child victims of abuse. (art. 10, paras. 1 and 3) The Committee recommends that the State party implement its measures against child sexual abuse, especially the abuse of girls,through, inter alia, monitoring, reporting, prosecution as well as through information campaigns targeting parents, communities and children. The Committee also recommends that instances of abuse and neglect of children be properly investigated within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, particularly the protection of their right to privacy. The Committee recommends that measures be taken to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape and other sexual abuse or violence. (Para 22)

Child labour: The Committee is concerned that child labour continues to be widespread in the State party, despite the measures taken and the reduction in the cases of child labour for the 5-9 years age group.(art. 10, para. 3) The Committee recommends that the State party: (Para 23).

(a) Intensify its efforts to combat child labour;

(b) Ensure that child labour is effectively prosecuted;

(c) Take measures to rehabilitate victims of child labour;

(d) Provide, in its next periodic report, information on the steps taken to address the problem of child labour, as well as the impact of such measures. (Para 23)

Street children: The Committee is concerned that, despite the State party’s efforts to address the phenomenon of street children, many children continue to live on the streets where they remain vulnerable to abuse, including sexual abuse, and to other forms of exploitation. (art. 10, para. 3)

The Committee recommends that the State party:

(a) Take effective measures to address the root causes of the phenomenon of street children;

(b) Take effective and appropriate measures to ensure that street children have access to education, shelter and health care;

(c) Address the sexual abuse and other exploitation of street children through the prosecution of perpetrators of abuse and the reintegration of victims into society;

(d) Include information, in its next periodic report, on the measures taken to address the situation of street children and any progress made in this respect. (Para 24)

Education: The Committee is concerned that 43 per cent of children between 7 and 14 years of age do not complete the eighth grade of basic education at the proper age, despite the State party’s efforts to ensure the provision of compulsory elementary education free of charge and its programmes to encourage parents and caregivers to enrol young children in primary school. (art. 13, paras. 1 and 2(a))

The Committee recommends that the State party:

(a) Conduct a study to establish the full range of factors which contribute to children failing to complete primary school at the proper age;

(b) Draw up policies and implement strategies to address the factors identified;

(c) Include, in its next periodic report, in formation on the measures taken under subparagraphs (a) and (b) above and any progress achieved (Para 31).

The Committee is concerned that there remain significant disparities in access to higher education based on region, ethnic origin and gender. The Committee acknowledges the initiatives taken by the State party to grant wider access to higher education, including the Programme for the Incorporation of Vocational Training into Secondary Education, in the form of Youth and Adult Education (Proeja) and the University for All Programme. (arts. 2, para. 2, and 13, para. 2(c)) The Committee recommends that the State party design and implement strategies to improve access to higher education by disadvantaged groups and provide, in its next periodic report, information on the impact of measures taken in this regard (Para 32).

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UN Human Rights Committee

CCPR/C/BRA/CO/2

Last reported: 6 and 27 October 2005

Concluding Observations published: 2 November 2005

Issues raised:

Trafficking: The Committee is concerned about persistent trafficking in women and children, the alleged involvement of some officials in acts of trafficking, and the lack of effective witness and victim protection mechanisms (arts.8, 24 and 26).The State party should reinforce international cooperation mechanisms to fight trafficking in persons, prosecute perpetrators, provide protection and redress to all victims, protect witnesses and root out trafficking-related official corruption (Para 15).

Street children: The Committee is concerned about the situation of street children and the absence of information and measures needed to remedy their plight (arts.23 and 24).The State party should adopt effective measures to combat the phenomenon of street children and the abuse and exploitation of children in general, and establish public awareness-raising campaigns regarding children’s rights (Para 19).

Roma community: The Committee is concerned about the lack of information on the Roma community and allegations that this community suffers discrimination, in particular with regard to equal access to health services, social assistance, education and employment (arts.2, 26 and 27).

The State party should provide information on the situation of the Roma community and the measures taken to ensure their practical enjoyment of rights under the Covenant (Para 20).

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UN Committee against Torture

A/56/44

Last reported: 8, 9 and 16 May 2001

No children's rights issues raised.

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Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CAT/OP/BRA/1

Country visit: 19 to 30 September 2011

Protocol published: 5 July 2012

Issues raised:

Juvenile justice: From pregnant inmates and mothers with babies in prison, the SPT received allegations of lack of obstetrics care and delay in applying the necessary vaccines to infants, in contradiction with Brazilian laws (Para 48).

The SPT recommends that pregnant women be given regular advice on their health by a qualified health practitioner. The SPT recommends that children living with their mothers in prison be provided with on-going healthcare services and that their development be monitored by specialists (Para 49).

During its visit to institutions for children and adolescents, the SPT observed bruises and other types of untreated injuries. Injuries were allegedly dismissed and frequently covered up by medical staff as accidents. The SPT considers this to be in contradiction with ethical principles subscribed to by the medical profession.21Medical staff interviewed acknowledged the presence of guards in medical consultations with children or adolescents (Para 50).

The SPT also received numerous and consistent allegations from children and adolescents of torture and ill-treatment suffered upon arrest and during police custody. Children and adolescents alleged that the torture and ill-treatment committed by the military police took place upon arrest and the methods included slaps, kicking and boxing on all parts of the body. A female prisoner reported that she had been raped by two police officers while in police custody (Para 80).

As for the treatment in police custody, one inmate stated that the methods of torture used during his interrogation included suffocation by placing his head in a plastic bag, electroshocks, psychological threats and cold showers for six days. The SPT also received allegations of ill-treatment during police custody such as the obligation to sleep on the floor in a filthy cell without proper access to sanitation, water and food, and the denial of health care, including for children and adolescents allegedly wounded by the police (Para 81).

The SPT received many complaints relating to the intrusive and humiliating search procedures in place for visitors, including elderly women and children, who were requested to undergo strip searches and intimate searches. Another recurrent complaint was the significant delays in issuing visitor cards (Para 118).

The SPT recommends that the State party ensure that strip searches and intimate searches shall and comply with criteria of necessity, reasonableness and proportionality. If conducted, bodily searches shall be carried out under adequate sanitary conditions, by qualified personnel of the same sex, and shall be compatible with human dignity and respect for fundamental rights. Intrusive vaginal or anal searches shall be forbidden by law. Issuing of visitors’ passes should be sped up (Para 119).

The SPT was concerned by allegations received that mothers with children in prison were deprived of their right to keep custody of their child after the age of two, who in some cases had been put up for adoption (Para 120).

The SPT recommend that decisions to allow children to stay with their mothers in prison shall be based on the best interests of the children, and be based on careful individual assessment. The SPT further requests the State party to provide clarification on the practice of placing children for adoption, and on the application of child custody legislation in these situations (Para 121).

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UN Committee on Migrant Workers

Not yet signed or ratified.
 

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UN Committee on Enforced Disappearance

 Ratified in 2010, but not yet reported.

 

Countries

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