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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: _________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee is concerned that the minimum age of criminal responsibility is set at 7 years, which is far too low. The Committee recommends that the State party: (a) Ensure that its legislation and practice concerning juvenile justice fully reflect the provisions of the Convention, in particular articles 37, 39 and 40, as well as other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, and the Vienna Guidelines for Action on Children in the Criminal Justice System; (b) Raise the minimum age of criminal responsibility to an age which is internationally acceptable; (Paragraphs 55 and 56) Universal Periodic Review (December 2009) P - 15. Raise the minimum age of criminal responsibility (Brazil, Belarus); raise the age of criminal responsibility for minors (Argentina); (pending) P - 16. Raise the minimum age of criminal responsibility to an age in accordance with CRC (Portugal); (pending) _________________________________________________________________ Inadequate and inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee is further concerned that there is no juvenile justice system although it is foreseen in law, that children are detained with adults and that whipping is used as a form of punishment for boys. The Committee recommends that the State party: (a) Ensure that its legislation and practice concerning juvenile justice fully reflect the provisions of the Convention, in particular articles 37, 39 and 40, as well as other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, and the Vienna Guidelines for Action on Children in the Criminal Justice System; (b) Raise the minimum age of criminal responsibility to an age which is internationally acceptable; (c) Ensure that deprivation of liberty is used only as a measure of last resort, for the shortest possible time, and that persons under 18 are not detained with adults; (d) Ensure that children have access to legal aid and independent and effective complaints mechanisms; (e) Develop and implement alternative measures to deprivation of liberty, such as probation, community service or suspended sentences; (f) Train professionals in the area of rehabilitation and social reintegration of children; (g) Abolish the sentence of whipping for boys; (h) Seek assistance from, among others, OHCHR. (Paragraphs 55 and 56) Universal Periodic Review (December 2009) A - 20. Establish an appropriate system of juvenile justice in conformity with international standards and its international commitments (Argentina); (accepted) A - 21. Take further practical steps to enhance the administration of juvenile justice (Belarus); (accepted) _________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee is concerned that corporal punishment is not prohibited at home, in schools or institutions and remains acceptable in the society. The Committee also notes that the new book of discipline for schools does not specifically prohibit corporal punishment nor does it even refer to it as a form of discipline. The Committee strongly recommends that the State party prohibit corporal punishment at home, in schools and institutions and undertake education campaigns to educate families on alternative forms of discipline. (Paragraphs 37 and 38) The Committee is further concerned that there is no juvenile justice system although it is foreseen in law, that children are detained with adults and that whipping is used as a form of punishment for boys. The Committee recommends that the State party: (g) Abolish the sentence of whipping for boys; (Paragraphs 55 and 56) Universal Periodic Review (December 2009) A - 18. Specifically prohibit corporal punishment at home and in schools and undertake appropriate campaigns to educate families on alternative forms of discipline (Germany); (accepted) A - 19. Prohibit corporal punishment at home and in schools and sensitise families in this respect (Italy); (accepted) R - 18. Specifically prohibit corporal punishment in institutions (Germany); prohibit corporal punishment in other public institutions and abolish whipping as a form of punishment (Italy); abolish the practice of corporal punishment (France); legally prohibit any form of corporal punishment of children and adolescents (Chile); (rejected) _________________________________________________________________ Ill-treatment and abuse of children UN Committee on the rights of the Child (Concluding Observations, October 2003) The Committee notes the adoption of the Children’s Order 2000 and welcomes the special unit of the police established in 1997 to deal with child victims of abuse and violence, but remains concerned that there is insufficient information and awareness in the State party of the ill-treatment and abuse of children within the family and institutions. The Committee recommends that the State party: (a) Conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address these practices; (b) Take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children, in the family and in institutions; (c) Carry out public education campaigns about the negative consequences of ill treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment; (d) Establish effective child-sensitive procedures and mechanisms to receive, monitor, and investigate complaints, including intervening where necessary; (e) Investigate and prosecute cases of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected; (f) Provide care, recovery and reintegration for child victims; (g) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment; (h) Rehabilitate offenders; (i) Seek assistance from, among others, the World Health Organisation (WHO). (Paragraphs 43 and 44) Universal Periodic Review (December 2009) A - 17. Continue efforts to combat ill-treatment of children and design policies and programmes to address these practices (Brazil); (accepted) _________________________________________________________________ Discrimination against, and inadequate protection for, vulnerable groups of children UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee is concerned that the principle of non-discrimination is not included in the legislation of the State party and that discrimination, contrary to article 2 of the Convention, still persists in the State party. In particular, the Committee is concerned about discrimination against girls and children born out of wedlock under existing personal status law (e.g. in inheritance, custody and guardianship). The Committee recommends that the State party: (a) Ensure full compatibility between national legislation and practices with the Convention; (b) Take effective measures, including enacting or rescinding legislation where necessary, to prevent and eliminate discrimination on grounds of sex and birth in all fields of civil, economic, political, social and cultural life; (c) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family; (d) Train members of the legal profession, especially the judiciary, to be gender-sensitive. Religious leaders should be mobilised to support such efforts. The Committee is concerned at the disparities in the enjoyment of all rights covered by the Convention by children practising religions other than Islam and by non-national children. The Committee is further concerned that race is indicated on identity cards, as this may lead to de facto discrimination. The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of the Committee’s general comment No. 1 on article 29, paragraph 1, of the Convention on the aims of education. (Paragraphs 24 to 28) Universal Periodic Review (December 2009) A - 14. Continue ongoing efforts for the betterment of the rights of children and women and other vulnerable groups (Viet Nam); continue to strengthen the promotion and protection of the rights of vulnerable groups, such as women, children, persons with disabilities and the elderly (Thailand); continue its efforts in strengthening, promoting and protecting the rights of women (Bahrain); (accepted) _________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2003) The Committee notes the very good education indicators, the broad scope of education in schools, encompassing a development-oriented co-curriculum besides the academic curriculum, and the intention to incorporate the Convention into school curricula, but remains concerned that: (a) Education is not compulsory; (b) Insufficient services are provided for children with learning difficulties. The Committee recommends that the State party: (a) Ensure that primary education is made compulsory by law; (b) Taking into account the Committee’s general comment No. 1 on the aims of education, include human rights education, including about children’s rights, in the curricula, particularly with respect to the development of and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities; (c) Further develop services for children with learning difficulties; (d) Seek assistance from UNESCO. (Paragraphs 49 and 50) Universal Periodic Review (December 2009) A - 27. Continue to carry out its excellent effort to ensure nine years' compulsory education for all children from the age of six (Bhutan); (accepted _________________________________________________________________