CAPE VERDE: 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.

 


UN Human Rights Committee
(CCPR/C/CPV/CO/1)
Last reported: 21 March 2012
Concluding Observations published: 23 April 2012

Child abuse and sexual exploitation: The Committee expresses concern at reports of child abuse and sexual exploitation in the schools of the State party. The Committee further expresses concern at the lack of data on the number of cases that have been investigated and prosecuted, and on the compensation awarded to victims of such abuse. Furthermore, the Committee is concerned at the lack of information on the number of shelters available in the State party for victims of sexual abuse and exploitation (arts. 7 and 24).

The State party should, as matter of urgency, enhance its efforts to combat child abuse and sexual exploitation by improving mechanisms for early detection, encouraging reporting of suspected and actual abuse, and ensuring that cases of abuse are thoroughly investigated, that perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and that victims are adequately rehabilitated. Furthermore, the State party should provide information on the number of shelters that are available in the State party for this purpose. (Paragraph 10)

Ill-treatment of children by police: While noting the increased problem of juvenile delinquency and youth gangs in the State party, the Committee is concerned at reports that police brutality against juveniles, as a form of extra-judicial punishment, may be common and is allegedly sanctioned by society in the State party. The Committee notes the lack of information on the number of cases that have been investigated and prosecuted, and on the compensation awarded to victims of such abuse by law enforcement personnel (arts. 7 and 24).

The State party should take concrete measures to combat juvenile delinquency and the increase in the number of youth gangs by, inter alia, addressing the root causes for the increased juvenile delinquency and proliferation of youth gangs in the State party. The State party should further ensure that allegations of brutality and other forms of abuse by law enforcement personnel are effectively investigated and that those responsible are held accountable. (Paragraph 11)

Corporal punishment: While noting that corporal punishment is unlawful in schools, penal institutions and care institutions, the Committee is concerned that corporal punishment still occurs as excessive chastisement in the home. Furthermore, the Committee is concerned at reports of frequent use of corporal punishment by teachers (arts. 7 and 24).

The State party should take practical steps to put an end to corporal punishment in all settings. The State party should act vigorously against the use of corporal punishment in schools, promote non-violent forms of discipline as alternatives to corporal punishment, and conduct public information campaigns to raise awareness about its harmful effects. (Paragraph 12)

Trafficking of women and children: The Committee is concerned at the prevalence of trafficking in persons, particularly women and children, as the State party’s territory is often used for transit purposes. The Committee particularly notes the lack of information on the number of investigations, prosecutions and convictions in this area, as well as on the prevention and protection mechanisms for victims, including rehabilitation schemes (art. 8).

The State party should provide data on the magnitude of the problem of human trafficking in the State party which should be disaggregated by age, sex and ethnic origin, and should also focus on trafficking flows from, to and in transit through its territory. The State party should train its police officers, border personnel, judges, lawyers and other relevant personnel in order to raise awareness of this phenomenon and the rights of victims. Furthermore, the State party should ensure that all perpetrators of trafficking in persons are investigated, prosecuted, and if convicted, adequately sanctioned, and should guarantee that adequate protection, reparation and compensation are provided to victims. The State party should also provide information on the measures taken to establish prevention and rehabilitation programmes for victims of trafficking. (Paragraph 13)

Detention of children: The Committee is concerned at reports that in detention facilities in the State party, juveniles are not held separately from adults, on the one hand, and accused persons are not separated from convicts, on the other hand. The Committee is also concerned at reports of lengthy pretrial detention leading to overcrowding in prisons and places of detention and which is allegedly exacerbated by delays in the delivery of justice. Furthermore, the Committee notes the lack of information on how the two new prison facilities that the State party constructed have ameliorated the problem of overcrowding and other conditions in prisons (arts. 10 and 14).

The State party should, as a matter of urgency, put in place a system to segregate juveniles from adult prisoners, and accused persons from convicts. The State party should take all necessary steps to improve prison conditions and ensure that the treatment of detainees and prisoners in detention facilities and prisons is in line with the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners. Furthermore, the State party should review its system of administration of justice in order to expedite the delivery of justice. (Paragraph 14)

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UN Committee on Economic, Social and Cultural Rights

Ratified in 1993, but not yet reported.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/63/CO/3
Last reported: 5 / 6 August 2003
Concluding Observations issued: 10 December 2003

No mentions of children's rights

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/CPV/CO/7-8

Last reported: 16 July 2013
Concluding Observations issued:25 July 2013

Issues raised:

Female genital mutilation: The Committee expresses its concern about the persistence of patriarchal attitudes and deep-rooted stereotypes concerning the roles and responsibilities of women and men in the family and society. It is concerned that, as acknowledged by the State party, a large proportion of women live under a “behavioural code anchored in the recognition and acceptance of male dominance” in the State party. It notes that such discriminatory attitudes and stereotypes constitute serious obstacles to women’s enjoyment of their rights. It also expresses its serious concern about the persistence of entrenched harmful practices, such as de-facto polygamy and the practice of female genital mutilation in the new migrant communities. (Paragraph 16).

17. The Committee urges the State party to:

(a)     Put in place a comprehensive strategy to eliminate stereotypes that discriminate against women, as well as harmful practices, in conformity with articles 2 (f) and 5 (a) of the Convention and General Recommendation 3, 14, 19 and 20. Such a strategy should include concerted efforts, with a clear timeframe, and in collaboration with civil society organizations, to educate and raise public awareness about such stereotypes and practices, targeting women and men at all levels of society, with special attention to the migrant communities where female genital mutilation and other harmful practices are undertaken;

(b)     Adopt innovative measures that use the education system and the media to promote understanding of equality of women with men and to enhance a positive and non-stereotypical portrayal of women; and

(c)      Monitor and review the measures taken in order to assess the impact of such measures and to provide information in its next report on the progress achieved.

Violence: While welcoming the adoption in 2010 of the Special Law on Gender-Based Violence (Law No. 84/VII/11), the Committee remains concerned about the persistence of violence against women in the State party, including domestic violence, as well as sexual abuse at school and harassment in the workplace. The Committee is also concerned about the difference in the number and nature of reported cases of gender-based violence and prosecution and conviction rates amongst the different islands of the State party. The Committee notes the existence of an inter-institutional network for victim support and protection (SOL Network) for emergency cases. However, it is concerned at the lack of shelters and centres providing services to female victims of gender-based violence. (Paragraph 18).

19. Recalling its General Recommendation No. 19 (1992) on violence against women, the Committee urges the State party, in collaboration with the United Nations agencies and development partners, to:

(a)     Effectively implement the existing legislation and action plans for the prevention and elimination of all forms of violence against women as well as victim protection programmes;

(b)     Conduct awareness-raising campaigns to encourage reporting of domestic and sexual violence against women and girls and ensure that such reports are effectively investigated, and that perpetrators are prosecuted and adequately punished;

(c)      Provide systematic training on women’s rights and on combating gender-based violence, including domestic and sexual violence, for judges, prosecutors, lawyers and police officers as well as for health professionals;

(d)     Ensure the establishment of an adequate number of shelters, which provide assistance and protection to victims, in particular psychosocial rehabilitation at the central and island levels; and

(e)      Collect comprehensive statistical data on all forms of violence against women, disaggregated by sex, age and relationship between the victim and the perpetrator.

                        

Trafficking: The Committee regrets the lack of information about the extent of trafficking of women and children and is concerned about continued reports of the trafficking of juveniles and that the State party is a transit point for trafficking of women and girls. The Committee is also concerned about the lack of a specific law on trafficking in persons and that trafficking and exploitation of prostitution of women and children is not included in the National Plan to Combat Gender Based Violence. It is further concerned that the exploitation of prostitution continues to thrive in the State party and regrets the lack of programs to provide rehabilitation and support for the social reintegration of women and girls wanting to leave prostitution. (Paragraph 20).

21. The Committee recommends that the State party:

(a)     Collect data on the scope, extent and root causes of trafficking, including internal trafficking and the exploitation of prostitution of women and girls,;

(b)     Strengthen the legal framework to combat trafficking in human beings especially the trafficking of women and girls and ensure that it fully complies with Article 6 of the Convention and is in accordance with General Recommendation 19, and, strengthen mechanisms for the prevention of trafficking as well as identification and protection of trafficked victims, and the prosecution and punishment of traffickers;

(c)      Increase international, regional and bilateral cooperation with countries of origin and destination to prevent trafficking through information exchange, and harmonize legal procedures aimed at the prosecution and punishment of traffickers; and

(d)     Take measures to raise awareness about the exploitation of prostitution and provide women and girls with alternative means to earn an income through rehabilitation and reintegration programmes.

Education: While noting that the literacy rate among women in the State party has increased from 56.5% in 2000 to 68.1% in 2010, the Committee remains concerned that it is still low, in particular among rural women. It is also concerned at instances of sexual abuse in schools and the lack of information on the number of reported cases of such abuse, investigations, prosecutions and the number of victims rehabilitated. It is further concerned at the drop out rate of pregnant girls from schools and the lack of support to enable them to return to school after childbirth. The Committee is concerned that women and girls continue to choose traditionally female-dominated fields of education, in non-technical areas. It is also concerned about the lack of information on the access of women and girls with disabilities to education, including mainstream education. Paragraph 24.

25. The Committee urges the State party to raise awareness about the importance of women and girls education as a human right and as the basis for their empowerment. To that end, it urges the State party to:

(a)     Strengthen adult literacy programmes, especially for women in rural areas;

(b)     Adopt measures to prevent, punish and eradicate all forms of violence against women and girls in educational institutions;

(c)      Ensure that the policy allowing pregnant girls to continue and return to school during and after pregnancy is implemented across the board and includes a monitoring mechanism and raises awareness among pregnant students and their families about the importance of education;

(d)     Include for adolescent girls and boys age appropriate education on sexual and reproductive health and rights in school curricula, including in vocational schools, such as issues on gender relations and responsible sexual behaviour with the aim of prevention of early pregnancies;

(e)      Ensure that technical and vocational training enables girls to acquire professional skills in all areas, by also orienting them towards traditionally male dominated careers; and

(f)      Ensure adequate educational opportunities for women and girls with disabilities, including by integrating them into mainstream education.

CEDAW/C/CPV/CO/6
Last reported: 18 August 2006
Concluding Observations issued: 25th August 2006

Issues raised:

Human Rights Education: The Committee is concerned about the persistence of deep-rooted traditional patriarchal stereotypes regarding the role and responsibilities of women and men in the family and in society at large.

The Committee urges the State party to disseminate information on the content of the Convention in the educational system, and review school textbooks, human rights education and gender equality training, with a view to changing existing stereotypical views on and attitudes towards women's and men's roles. It recommends that awareness-raising campaigns be addressed to both women and men and that the media be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres. (Paragraphs 17 and 18).

Trafficking: While welcoming measures taken to combat human trafficking, including the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the signing of bilateral agreements in both civil and criminal matters with a number of other countries, the Committee is concerned that Cape Verde remains a country of transit for trafficked women and girls. The Committee is also concerned about the exploitation of women and girls who resort to prostitution as a survival strategy, and about the potential negative impact that increased tourism could have on the incidence of prostitution.

The Committee calls on the State party to adopt further measures against the trafficking in women and girls and the exploitation of prostitution, as well as to intensify international, regional and bilateral cooperation with countries of origin, transit and destination for trafficked women and girls in order to further curb the phenomenon. The Committee requests the State party to implement measures aimed at improving women's social and economic situation and thus prevent prostitution, to closely monitor the impact of increased tourism on prostitution and to enhance related prevention measures, and to put in place services for the rehabilitation and reintegration of women and girls involved in prostitution. (Paragraphs 21 and 22)

Education: While commending the efforts made by the State party to ensure that women have access to all levels of education, and noting that there is a similar percentage of girls and boys at different levels of the education system, the Committee remains concerned about the high illiteracy rate for women in the country (32.8 per cent), especially in rural areas (44 per cent). The Committee is also concerned that girls and women continue to choose study areas traditionally seen as "female areas" and that they are underrepresented in the technical stream. The Committee is further concerned that a significant number of pregnant girls who leave school as a result of the measure of "temporary suspension of pregnant girls from school" do not resume their studies after giving birth.

The Committee recommends that the State party continue and intensify its efforts to improve the literacy level of girls and women, particularly rural women, through the adoption and implementation of comprehensive programmes, in collaboration with civil society, at the formal and non-formal levels and through adult education and training. The Committee calls on the State party to encourage the diversification of the educational choices of boys and girls in order to attract more women to the fields of science and technology. The Committee requests the State party to continue assessing the measure of "temporary suspension of pregnant girls from school" to ensure that it achieves its intended goal of giving pregnant students an opportunity to resume their studies after giving birth rather than resulting in the abandonment of their studies. The Committee recommends that the State party implement further measures to support pregnant girls and enhance its measures to raise awareness in secondary schools about teenage pregnancy prevention. The Committee encourages the State party to monitor and regularly assess the impact of such policies and programmes in relation to the full implementation of article 10 of the Convention. (Paragraphs 25 and 26).

Health: The Committee calls upon the State party to further improve the availability of sexual and reproductive health services, particularly in rural areas, including family planning information and services, and antenatal, post-natal and obstetric services, and to set targets and benchmarks to achieve the Millennium Development Goal of reducing maternal mortality. It also recommends that the State party enhance its measures to increase knowledge of and access to a wide range of contraceptive methods, so that women and men can make informed choices about the number and spacing of children, and women do not have to resort to unsafe abortions, which may result in death, thus increasing the maternal mortality rates. It further recommends that sex education be widely promoted and targeted at adolescent girls and boys, with special attention paid to the prevention of early pregnancy and the control of sexually transmitted diseases and HIV/AIDS. The Committee also recommends that the provision of reproductive health services by civil society organizations be regularly monitored, in terms of both quality of care and the observance of ethical standards. The Committee further recommends that the State party ensure that the introduction of user fees is monitored with a view to eliminating any negative impact they may have, particularly on women of the most vulnerable groups. (Paragraph 30).

Early marriage: The Committee notes with concern that, although legislation guarantees women equal rights with men in matters relating to marriage and family relations, women still face de facto discrimination in those areas, such as de facto polygamy. The Committee is also concerned that the legal age of marriage, although established at 18 years for boys and girls, may be lowered to 16 years for boys and girls and while acknowledging the very low percentage of such marriages, the Committee remains concerned that this could encourage early marriages.

The Committee requests the State party to implement awareness-raising measures aimed at achieving gender equality in marriage and family relations, as called for in the Committee's general recommendation 21, on equality in marriage and family relations, including measures aimed at eliminating polygamy and at fully implementing the minimum age for marriage at 18 years for both boys and girls. (Paragraphs 33 and 34).
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UN Committee against Torture
 

CAT/C/CPV/CO/1

Adopted by Commmittee: 24 November 2016

Published: 5 December 2016

Issues Raised:

Ratification and National Policies:

The Committee welcomes the adoption of the Convention on the Rights of the Child on 4 June 1992; The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, om 10 May 2002; The Optional Protocol to the Convention on the Rights f the Child on the involvement of children in armed conflict, on 10 May 2002 (para.5).

The Committee welcomes the establishment in 2006, of the Cabo Verdean Institute of Child and Adolescence (ICCA), which maintains a hotline for cases of child abuse, and coordinates the intervention of various partners, including police, prosecutors, hospitals and health centers (para. 7).

Police Brutality:

The Committee is concerned about the (…) allegations of police brutality against juveniles as a form of extra-judicial punishment (para.20).

The State party should take appropriate measures to further strengthen the supervision and monitoring mechanisms of the police force, particularly with regard to the treatment of persons under custody (para. 21).

Juvenile Detention:

The Committee is concerned that juveniles were allegedly not held separately from adults and accused persons were reportedly not separated from convicted prisoners and regrets lack of information regarding the measures to ensure this separation (para.24).

The State party should address the root causes of increasd juvenile delinquency as recommended by the Human Rights Committee (CCPR/CPV/CO/1, para. 11); ensure at all times the separation between juveniles and adults and accused from convicted,as recommended by the human Rights Committeee (para. 25).

Violence against Children:

The Committee is concerned at the prevalence of violence against women and children, particularly in the domestic sphere in urban areas and in the poorest neighborhoods. It is also concerned at information indicating that many cases of violence against children remain unreported because perpetrators are often relatives of the victim. The Committee regrets that official statistics that could be used to evaluate the situation of sexual and domestic violence of women and children in the State party have not been provided, due to the absence of a State report (para. 40).

The State party should continue its efforts to eradicate violence against women and children, including domestic violence, in particular by: strengthening the training initiatives on combating sexual and domestic violence for law enforcement officials and other persons in direct contact with the victims, as well as the awareness-raising campaigns for the public at large, particularly with a view to encourage victims to complain about these abuses; ensuring the creation of sufficient and adequate shelters, as well as the provision of full redress for victims; ensuring that all cases of violence against women and children, including sexual and domestic violence, are expeditiously and thoroughly investigated, the victims protected, the perpetrators prosecuted and, if convicted, punished with appropriate sanctions. The State party should provide the Committee with information on the number of complaints of sexual and domestic violence against women and children, the number of those complaints that have been investigated, the number of protection orders that have been granted, the number of prosecutions and convictions and the reparations provide to the victims (para. 41).

Corporal Punishment:

Although corporal punishment is unlawful, the Committee is concerned at reports of frequent us eof corporal punishment at home and at schools (para. 42).

The State parry should take practical steps to put an end to corporal punishment and promote non-violent forms of discipline through awareness-raising and public education measures (para. 43).

Child Labour and Trafficking:

The Committee is concerned at the large number of children exploited in prostitution and engaged in begging, drug dealing or street vending, which make them vulnerable to human trafficking. The Committee is also concerned that the recently amended Penal Code does not punish persons who promote the conditions for sexual acts or prostitution of children between 16 and 18. The Committee regrets the lack of official data on human trafficking, due to the absence of a State report, that could be used to evaluate the situation in this respect (para. 44).

The State party should increase its efforts to prevent and combat trafficking in human beings, especially of children, and the worst forms of child labour, by: Amending the Criminal Code to prohibit the promotion of prostitution of children between 18-18 years o age; Conducting prompt, impartial and effective investigations into cases of trafficking, including child sex trafficking, ensuring that convicted individuals are given sentences commensurate with the serious nature of their crimes and guaranteeing that all victims of such acts obtain redress. The Stat e party should provide the Committee with information on the number of complaints or reports of human trafficking and forced labour, the number of those complaints or reports that have been investigated, the number of prosecutions and convictions and the reparations provided to the victims; providing protection for victims and ensuring adequate access to medical, social, housing and legal services; providing specialized training on the investigation of trafficking and on victim identification procedures to law enforcement and judicial officials (para. 45).

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UN Committee on Migrant Workers

Ratified in 1997, but not yet reported.

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UN Committee on the Rights of Persons with Disabilities

Ratified in 2011, but not yet reported.

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UN Committee on Enforced Disappearance

Signed in 2007, but not yet ratified.

Countries

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