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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: _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned at incidents of abuse, including sexual abuse and incest, and the mistreatment of children in the family. The Committee is concerned, in addition, at the incidence of domestic violence, which has a negative impact on children. The Committee recommends that the State party make every effort: (a) To monitor and record incidents of abuse, including sexual abuse and incest, mistreatment of children and domestic violence, including violence against women in the family, making particular efforts to improve data collection on these concerns; (b) Effectively investigate cases of domestic violence and violence in schools, through a child-sensitive judicial procedure, and apply sanctions to perpetrators with due regard given to guaranteeing the right to privacy of the child; (c) Proceed with a study of violence against women and address this concern through, inter alia, the promotion of women's human rights, the strengthened implementation of relevant provisions in the Constitution and other legal instruments, and by ensuring that women have access to suitable complaint mechanisms; (d) Ensure that cultural taboos discouraging complaints of violence are broken down; (e) Give appropriate weight to children's views in legal proceedings; provide support services to child witnesses in legal proceedings and services for physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention; and take measures to prevent the criminalisation and stigmatisation of victims; (f) Seek technical assistance from, among others, UNICEF. (Paragraphs 39 and 40) UN Human Rights Committee 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) Universal Periodic Review (December 2008) 63.1 To incorporate explicit prohibition of physical punishment into national legislation and monitor its implementation strictly, particularly in the case of police dealing with minors (Chile); 2. To increase efforts to address cases of sexual violence and exploitation against children, such as prostitution, through the judicial system, as recommended by the Committee on the Rights of the Child (Chile);3. To maximise legislative, administrative and police measures to combat trafficking of women and girls, which particularly affects foreign women (Chile); (accepted) 16. To take appropriate measures to combat sexual violence against children and child prostitution effectively, as a matter of priority (Italy); (accepted) 21. To implement the recommendations of the Committee on the Rights of the Child on street children and their sexual exploitation, child prostitution, violence against children and child labour (Luxembourg); 34. To effectively implement international labour standards with regard to children (Portugal); (accepted) _____________________________________________________________________ Sexual exploitation of children UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned at practices of sexual violence and exploitation of children, including child prostitution, primarily affecting girls but also including boys, such as on the island of Sal.The Committee is concerned that, with increasing tourism, sexual exploitation of children may increase and that there may be incidents of trafficking in children. The Committee recommends that the State party: (a) Conduct a study to assess the extent of the sexual exploitation and prostitution of and potential trafficking in children; (b) Strengthen its efforts to address sexual violence and exploitation of children, including prostitution, inter alia through the judicial system, the media and through information campaigns, while also ensuring the protection of children's right to privacy and other relevant concerns; (c) Take action to prevent the trafficking of children and to identify and implement solutions; (d) Develop a National Plan of Action to address sexual exploitation, taking into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996; (Paragraphs 59 and 60) UN Human Rights Committee 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) Universal Periodic Review (December 2008) 63.2. To increase efforts to address cases of sexual violence and exploitation against children, such as prostitution, through the judicial system, as recommended by the Committee on the Rights of the Child (Chile); (accepted) 16. To take appropriate measures to combat sexual violence against children and child prostitution effectively, as a matter of priority (Italy); (accepted) 21. To implement the recommendations of the Committee on the Rights of the Child on street children and their sexual exploitation, child prostitution, violence against children and child labour (Luxembourg); 34. To effectively implement international labour standards with regard to children (Portugal); (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned that corporal punishment is widely practised in the home and in schools, and by the police forces against vulnerable groups such as street children. The Committee recommends that the State party: (a) Take steps to end the practice of corporal punishment in schools and in the home; (b) Conduct, inter alia, awareness-raising and education campaigns to change public attitudes; (c) Provide training and information on alternative forms of non-violent discipline and ensure that these are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially articles 19 and 28 (2). (Paragraphs 35 and 36) UN Human Rights Committee 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) Universal Periodic Review (December 2008) 13.To adopt all necessary measures to put an end to the widespread practice of corporal punishment of minors at home, in school and by the police force, as recommended by the Committee on the Rights of the Child in 2003 (Germany); (accepted) _____________________________________________________________________ Ill-treatment of children by police UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned that corporal punishment is widely practised in the home and in schools, and by the police forces against vulnerable groups such as street children. (Paragraph 35) UN Human Rights Committee 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) Universal Periodic Review (December 2008) 13.To adopt all necessary measures to put an end to the widespread practice of corporal punishment of minors at home, in school and by the police force, as recommended by the Committee on the Rights of the Child in 2003 (Germany); (accepted) 63.1 To incorporate explicit prohibition of physical punishment into national legislation and monitor its implementation strictly, particularly in the case of police dealing with minors (Chile); (accepted) _____________________________________________________________________ Detention of children in inappropriate conditions, including with adults and in overcrowded facilities UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned that, in practice, juvenile justice standards are not applied because of severe weaknesses in the functioning of the Commission for the Protection of Minors, the absence of appropriate institutions for the implementation of some juvenile justice measures, the insufficient capacity of courts and the backlog of cases, and an overall lack of financial and human resources. The Committee is concerned, inter alia, by the lack of alternative measures to detention for children over 16, the incarceration of children with adults, and the fact that detained children do not receive any formal education. The Committee recommends that the State party: (a) Proceed with its efforts to strengthen the system of juvenile justice in the spirit of the Convention, in particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile justice, including 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) Consider deprivation of liberty only as a measure of last resort, for all children up to the age of 18 and for the shortest possible period of time, limit by law the length of pre-trial detention, and ensure the availability of suitable alternatives to detention; (c) Provide children with legal assistance at an early stage of proceedings; (d) Protect the rights of children deprived of their liberty and improve their conditions of detention and imprisonment, including by solving the problem of overcrowded prisons and establishing special facilities for children with conditions suitable to their age and needs; and in the meantime, ensure that children are separated from adults in prison and in pre-trial detention facilities; (e) Ensure that children up to the age of 18 in conflict with the law are not treated like, and do not receive the same sanctions as adults. (f) Ensure that children are able to remain in regular contact with their families while in the juvenile justice system; (g) Establish an independent child-sensitive and accessible system for complaints for children; (h) Introduce training programmes on relevant international standards for all professionals involved with the system of juvenile justice; (i) Establish a programme of rehabilitation and reintegration of juveniles following justice proceedings; (j) Request technical assistance in the area of juvenile justice and police training from, among others, OHCHR, the United Nations Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the United Nations Coordination Panel on Technical Advice and Assistance on Juvenile Justice. (Paragraphs 65 and 66) UN Human Rights Committee 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) _____________________________________________________________________ Lack of alternative sentences to detention for children in conflict with the law UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned that, in practice, juvenile justice standards are not applied because of severe weaknesses in the functioning of the Commission for the Protection of Minors, the absence of appropriate institutions for the implementation of some juvenile justice measures, the insufficient capacity of courts and the backlog of cases, and an overall lack of financial and human resources. The Committee recommends that the State party: (a) Proceed with its efforts to strengthen the system of juvenile justice in the spirit of the Convention, in particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile justice, including 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) Consider deprivation of liberty only as a measure of last resort, for all children up to the age of 18 and for the shortest possible period of time, limit by law the length of pre-trial detention, and ensure the availability of suitable alternatives to detention; (e) Ensure that children up to the age of 18 in conflict with the law are not treated like, and do not receive the same sanctions as adults.(Paragraphs 65 and 66) Universal Periodic Review (December 2008) 9. To consider how to deal with minor delinquency in order to provide sentences suited to the age of offenders, to educate them and lead to their social reintegration (France); (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned at practices of sexual violence and exploitation of children, including child prostitution, primarily affecting girls but also including boys, such as on the island of Sal. The Committee is concerned that, with increasing tourism, sexual exploitation of children may increase and that there may be incidents of trafficking in children. The Committee recommends that the State party: (a) Conduct a study to assess the extent of the sexual exploitation and prostitution of and potential trafficking in children; (b) Strengthen its efforts to address sexual violence and exploitation of children, including prostitution, inter alia through the judicial system, the media and through information campaigns, while also ensuring the protection of children's right to privacy and other relevant concerns; (c) Take action to prevent the trafficking of children and to identify and implement solutions; (d) Develop a National Plan of Action to address sexual exploitation, taking into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996; (e) Seek technical assistance from UNICEF. (Paragraphs 59 and 60) UN Human Rights Committee 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) UN Committee on the Elimination of Discrimination against Women 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 Organised 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) Universal Periodic Review (December 2008) 63.3. To maximise legislative, administrative and police measures to combat trafficking of women and girls, which particularly affects foreign women (Chile); (accepted) 14. To take effective measures to fight the trafficking of foreign women and girls through its territory (Germany); (accepted) _____________________________________________________________________ Barriers to access to education for children, particularly girls UN Committee on the Rights of the Child (Concluding Observations, November 2001) While noting gender equality in admissions to primary education, the Committee is concerned that some adolescents are excluded from the system of compulsory education. The Committee is concerned, in addition, that not all children are fluent in both Creole and Portuguese and that these children risk being marginalised, given that school education is in Portuguese. Noting efforts to increase enrolment levels, particularly to primary school, the Committee recommends that the State party: (a) Make urgent efforts to improve the quality of education throughout the education system, including through reference to the Committee's general comment No. 1 on article 29 of the Convention on the aims of education; (b) Strengthen the training of teachers and the provision of resources, including didactic materials; (c) Improve access to pre-school education for all children, giving particular attention to children from disadvantaged backgrounds; (d) Make efforts to increase the number of children completing secondary education; (e) Ensure full access for all children to compulsory education; (f) Take steps to ensure that all children are fluent in Creole and Portuguese; (g) Seek technical assistance from UNICEF in this regard. (Paragraphs 53 and 54) UN Committee on the Elimination of Discrimination against Women 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). While noting the significant progress made, the Committee remains concerned at health problems among children such as the deaths of infants and children caused by diarrhoeal diseases, respiratory infections and malnutrition. The Committee is concerned, in particular, by the limited access to health services of children living in rural communities, and particularly on more remote islands, and the threat of HIV/AIDS. The Committee recommends that the State party: (a) Pursue and strengthen its efforts to improve access to health care, including primary health care, giving particular attention to major causes of infant and child mortality and to major illnesses and diseases; (b) Give particular attention to children living in rural areas and on remote islands and to the prevention of the spread of HIV/AIDS. (Paragraphs 45 and 46) UN Committee on the Elimination of Discrimination against Women 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 organisations 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). _____________________________________________________________________ Inadequate provision to combat HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned, in particular, by the limited access to health services of children living in rural communities, and particularly on more remote islands, and the threat of HIV/AIDS. The Committee recommends that the State party: (b) Give particular attention to children living in rural areas and on remote islands and to the prevention of the spread of HIV/AIDS. (Paragraphs 45 and 46) Universal Periodic Review (December 2008) 49. To consider strengthening programmes to fight and prevent HIV/AIDS, with special attention to women and children (Brazil); (accepted) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, November 2001) The Committee is concerned at practices of child labour, including the use of children to wash cars and sell goods on the streets. The Committee recommends that the State party: (a) Ensure implementation of international labour standards with regard to children; (b) Consider raising the minimum age for work; (c) Consider ratification of the 1973 ILO Convention No. 138 concerning Minimum Age for Admission to Employment and the 1999 ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (Paragraphs 57 and 58) Universal Periodic Review (December 2008) 21. To implement the recommendations of the Committee on the Rights of the Child on street children and their sexual exploitation, child prostitution, violence against children and child labour (Luxembourg); 34. To effectively implement international labour standards with regard to children (Portugal); (accepted) _____________________________________________________________________
Last reported: 21 March 2012
Concluding Observations issued: 23 April 2012
Last reported: 21 March 2012
Concluding Observations issued: 23 April 2012
Last reported: 21 March 2012
Concluding Observations issued: 23 April 2012
Last reported: 21 March 2012
Concluding Observations issued: 23 April 2012
Last reported: 21 March 2012
Concluding Observations issued: 23 April 2012
Last reported: 21 March 2012
Concluding Observations issued: 23 April 2012
Last reported: 18 August 2006
Concluding Observations issued: 25 August 2006
Last reported: 18 August 2006
Concluding Observations issued: 25 August 2006
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Inadequate reproductive health care and education
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
Last reported: 18 August 2006
Concluding Observations issued: 25 August 2006