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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: _________________________________________________________________ The Committee is concerned about the absence of specific data on child labour in mainland China while reports indicate that child labour and exploitation, including through abductions and sale of children by criminal gangs is widespread. (Paragraph 84) The Committee regrets that the State party has not sufficiently implemented the Committee’s previous recommendations under the OPSC (CRC/C/OPSC/CHN/CO/1, 2005). It is further concerned at the increased prevalence of child trafficking and exploitation in mainland China and Macau SAR especially for the purpose of labour and sexual exploitation. It is also concerned that child sex tourism remains a serious problem in Macau SAR and that alleged complicity of government officials in trafficking and sexual exploitation related offenses has led to impunity for such crimes. The Committee recalls its previous recommendations and urges the State party to take the necessary legislative measures to harmonise the Penal Code of 1997 with the provisions of the Optional Protocol, and in particular: (a )Ensure that all the offences referred to in article 3, paragraph 1 of the Optional Protocol are fully covered under the Penal Code, whether such offences are committed domestically or transnationally or on an individual or organised basis, paying particular attention to the sale and trafficking of children for the purpose of adoption; and The Committee regrets that the application of the Optional Protocol has not been extended to Hong Kong SAR. The Committee urges Hong Kong SAR to finalise all the preparations and extend the application of the Optional Protocol without any further delay.(Paragraphs86 to 90) UN Committee on Economic, Social and Cultural Rights The Committee is concerned about the problem of the sale of women and girl children and of the abandonment of elderly women. (Paragraph 19) The Committee is also concerned at the lack of reliable information, including statistics, on the extent of the problem of sexual exploitation of women and children in the State party, including prostitution, sale and trafficking in persons. (Paragraph 29). UN Committee on the Elimination of Discrimination against Women While recognising the efforts made by the State party to address trafficking in women and girls, including cross-border and international cooperation, the Committee is concerned that the definition of trafficking in the Penal Code is limited to the purpose of exploitation of prostitution and is therefore not in line with international standards. The Committee also expresses concern that the continued criminalisation of prostitution has a disproportionate impact on prostitutes rather than on the prosecution and punishment of pimps and traffickers. It is also concerned that prostitutes may be kept in administrative detention without due process of law. Moreover, the Committee is concerned about the insufficient data and statistical information about the extent of trafficking, in particular internal trafficking. (Paragraph 19). International Labour Organisation Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1.Sale and trafficking of children. In its previous comments, the Committee noted that section 240 of the Criminal Law of 1997 prohibits the trafficking of women and children. It also noted the allegations of the International Confederation of Free Trade Unions, now the ITUC, that China is a source, transit and destination country for international human trafficking in women and children. The Committee noted the implementation of the ILO–IPEC “Preventing trafficking in girls and young women for labour exploitation within China” project (CP-TING Project), in collaboration with the All-China Women’s Federation (ACWF), and the “Mekong Subregional Project to Combat Trafficking in Children and Women” (TICW Project). The Committee also noted that the State Council approved a new National Plan of Action against Trafficking in Women and Children (2008–12) (NPAT 2008–12) in 2007. However, the Committee noted the indication from several sources that the phenomenon of trafficking for the purposes of forced physical labour and prostitution was worsening. The Committee notes the ITUC’s allegations that there has been an increasing number of girls trafficked out of China to work as sex workers in Australia, Burma, Canada, Malaysia, Japan, Taiwan, the Philippines, the Middle East and the United States. Inter-Ministerial Joint Meeting (IMJM) took place and that, in March 2009, the Ministry of Public Security, and other departments and agencies jointly issued the “Rules for the Implementation of the NPAT (2008–12)”. The Committee further notes the ILO–IPEC information that the TICW Project Phase II was completed in 2008, and that its remaining activities were incorporated into the CP-TING Project. In this regard, the Committee notes that phase II of the CP-TING Project was launched on 17 March 2010. Phase II includes concrete actions to strengthen the implementation of provincial Plans of Action against trafficking, equip vulnerable youth with life skills before they migrate for work, set up trafficking prevention mechanisms and safe migration services and support referral services for vulnerable women and children. The Committee nonetheless notes the information in the report entitled “Child Trafficking in East and South-East Asia: Reversing the Trend”, published by the UNICEF East Asia and Pacific Regional Office in August 2009 (UNICEF Trafficking Report) that trafficking occurs in every province in China, with most victims trafficked to the provinces of Guangdong, Shanxi, Fujian, Henan, Sichuan, Guangxi and Jiangsu (page 31). The UNICEF Trafficking Report further indicates that internal trafficking is more prevalent than cross-border trafficking, although the Committee notes the information in another UNICEF document (entitled “Protection and Community Services”, available on the UNICEF website (www.unicef.org)) (UNICEF Protection Report) that cross-border trafficking appears to be on the rise. The Committee therefore requests the Government to redouble its efforts, within the framework of the NPAT 2008–12, to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved. Article 7(1). Penalties. 1. Trafficking. The Committee previously noted that section 240 of the Criminal Law provides penalties for the sale and trafficking of children. It also noted the ITUC’s allegation that, despite efforts by the Chinese authorities to stem the problem of trafficking in women and children, grassroots authorities had generally failed to take effective action, emphasising that the problem lay in the implementation of the law and not in the legislation itself. The Committee notes the ITUC’s statement that domestic laws do not provide adequate sanctions for trafficking-related crimes. The ITUC states that, while buying trafficked children carries a sentence of three years’ imprisonment, the vast majority of buyers are not prosecuted, particularly if the child is not harmed and the buyer cooperates with the police. The ITUC’s allegations also indicate that, in some cases, factory personnel who employ trafficked juveniles do not receive administrative or penal sanctions following the rescue of the children. The ITUC also indicates that there is a lack of transparency in reporting and investigations. Furthermore, the ITUC states that Chinese police and local authorities collude with traffickers in the Tibet Autonomous Region near the Nepal border, to recruit girls and women to work as escorts and prostitutes, resulting in approximately 10,000 sex workers in the city of Lhasa. In addition, the ITUC communication indicates that the corruption of officials, and their collusion with criminal groups (despite anti-corruption measures taken) has severely hindered anti-trafficking efforts. International Labour Organisation The Committee notes that the Government refers to the “National Plan of Action against Trafficking in Women and Children (2008–12)” and the “Eleventh Five-Year Plan on the Establishment of a Relief and Protection System for Vagrant Minors”. The Committee observes that these Plans do not appear to address the commercial exploitation of children who are not victims of trafficking, or who do not live on the street. In this regard, the Committee notes the indication in the ITUC communication of 1 September 2010 that not all child victims of prostitution are victims of trafficking. The Committee therefore requests the Government to provide information on measures taken to address the commercial sexual exploitation of persons under 18 years of age who are not street children or victims of trafficking, particularly their use, offering or procuring for the purpose of prostitution, pornography or pornographic performances. Article 8. International cooperation. Trafficking. The Committee previously noted that China had enhanced cooperation in international anti trafficking programmes, noting the China–Myanmar Anti-trafficking Cooperation Programme (2007–10), and the continued China–Vietnam Anti trafficking Cooperation Programme. The Committee encouraged the Government to consider ratifying the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (the Palermo Protocol). The Government notes with interest that, on 8 February 2010, China acceded to the Palermo Protocol. The Committee also notes the Government’s statement that it attaches great importance to cooperation with international organisations in its efforts to combat human trafficking, and notes the detailed information provided by the Government in this regard. The Government states that, in recent years, it has worked with UNICEF, the International Organisation for Migration, the United Nations Office on Drugs and Crime, the UN Inter-Agency Project on Human Trafficking in the Greater Mekong Subregion, as well as several NGOs, to combat human trafficking. The Committee further notes that the Government signed an MOU with the Ministry of the Interior of Cambodia, which includes cooperation to combat trafficking. The Government indicates that two China–Myanmar border liaison offices were established to combat the cross-border trafficking of women and children, and that 14 trafficking victims were returned to Myanmar in the first half of 2009 as a result of this collaboration. By the end of 2009, seven border liaison offices for combating cross-border human trafficking had been established. The Government further indicates that it held a seminar on “Guiding Principles for Protection of Victims of Trafficking” in May 2009, and that the All China Women’s Federation and the ILO hosted a workshop in November 2009 on human trafficking for labour exploitation. Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the indication in the ITUC’s allegations that many of the worst forms of child labour exist in China, particularly trafficking, forced labour, prostitution, involvement in illicit activities, and use in hazardous work including in brick kilns, glass-making workshops, fireworks workshops and footwear factories. The ITUC states that there are increasing press reports on child labour, but that data collection is not systematic. The ITUC also states that the lack of national statistics and analysis of data on child labour, child prostitution and child trafficking remains a serious problem, which raised considerable concern with regard to the authorities’ willingness to address these issues. In this regard, the ITUC states that reliable and transparent data are essential for the Government and other agencies to effectively tackle the worst forms of child labour. Universal Periodic Review (2009) Paragraph 84(a) (Argentina): "Recommended analysing the possibility of ratifying human rights instruments which are considered relevant in strengthening its promotion and protection, highlighting: ICCPR, International Convention for the Protection of All Persons Against Enforced Disappearances, and assess the possibility of accepting the competency of the Committee on Enforced Disappearances in accordance with the Convention, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime". (rejected) The Committee is concerned about the absence of specific data on child labour in mainland China while reports indicate that child labour and exploitation, including through abductions and sale of children by criminal gangs is widespread. It is further concerned about: (a) The common practice of the Re-Education through Labour Programme (RTL) and ‘Work Study Schools’ (gongdu xuexiao) and the use of forced and exploitative child labour under these programmes; and The Committee urges mainland China as a matter of priority, to end the use of the RTL and ‘Work Study Schools’ program and that it: UN Committee on Economic, Social and Cultural Rights The Committee expresses its deep concern regarding children working in hazardous occupations such as mining, often in precarious conditions that fall short of labour safety standards. The Committee is also of the view that the "Diligent Work and Economical Study" (qingong jianxue) programme for schoolchildren constitutes exploitative child labour, in contradiction of the provisions of articles 6 and 7 of the Covenant, and Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of the International Labour Organisation (ILO) to which China is a party. (Paragraph 23). The Committee urges the State party, as a matter of priority, to strengthen its efforts to effectively enforce its legislation prohibiting unlawful employment of children. The Committee also urges the State party to make every effort, including the adoption of preventive measures, to ensure that those children who engage in labour do not work under conditions that are harmful to them. The Committee further encourages the State party to consider withdrawing the programme of "Diligent Work and Economical Study" (qingong jianxue) from its school curriculum. (Paragraph 52) International Labour Organisation See full reports on Convention No. 138, the Minimum Age Convention, and Convention No. 182, the Worst Forms of Child Labour Convention, here: http://wiki.crin.org/mediawiki/index.php?title=China:_ILO_Committee_Reports. Universal Periodic Review (2009) 115- 2. Develop and adopt a comprehensive policy to combat child labour (Finland); (pending) The Committee is seriously concerned about the high prevalence of sexual exploitation and abuse against children, including rape, in all areas of the State party’s jurisdiction. In particular, the Committee is concerned about: (a) The particular vulnerability of children of migrant workers, especially those left behind by their parents in the care of relatives or others in mainland China to sexual exploitation and abuse; The Committee urges: (a) Mainland China to strengthen efforts to protect children of migrant workers from sexual exploitation and abuse and ensure that legislation relating to sexual abuse and exploitation is effectively enforced, and that perpetrators of such crimes are brought to justice with sanctions proportionate to their crimes; UN Committee on Economic, Social and Cultural Rights The Committee is also concerned at the lack of reliable information, including statistics, on the extent of the problem of sexual exploitation of women and children in the State party, including prostitution, sale and trafficking in persons. (Paragraph 29). International Labour Organisation Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government refers to the “National Plan of Action against Trafficking in Women and Children (2008–12)” and the “Eleventh Five-Year Plan on the Establishment of a Relief and Protection System for Vagrant Minors”. The Committee observes that these Plans do not appear to address the commercial exploitation of children who are not victims of trafficking, or who do not live on the street. In this regard, the Committee notes the indication in the ITUC communication of 1 September 2010 that not all child victims of prostitution are victims of trafficking. The Committee therefore requests the Government to provide information on measures taken to address the commercial sexual exploitation of persons under 18 years of age who are not street children or victims of trafficking, particularly their use, offering or procuring for the purpose of prostitution, pornography or pornographic performances. _________________________________________________________________ The Committee is disturbed by reports of forced sterilisation and abortions in mainland China targeting, among others, teenage girls, carried out by local family planning officials in the context of implementation of mainland China's ‘One-Child Policy,’ practices which contravene the fundamental principles and provisions in the Convention. UN Committee on Economic, Social and Cultural Rights The Committee is deeply concerned about reports of forced abortions and forced sterilisations imposed on women, including those belonging to ethnic minority groups, by local officials in the context of the one-child policy, and about the high maternal mortality rate as a result of unsafe abortions.(Paragraph 36). The Committee urges the State party to undertake effective measures to ensure that abortions are carried out voluntarily and under adequate medical and sanitary conditions and to ensure that the existing legislation governing the one-child policy does not violate the rights enshrined in article 10 of the Covenant. The Committee requests the State party to provide information in its next periodic report in this regard, including information on women belonging to ethnic minority groups (Paragraph 65) UN Committee on the Elimination of Discrimination against Women While noting that legal measures prohibiting sex-selective abortions and female infanticide and other measures are in place, such as the nationwide campaign, "Operation Caring for Girls", launched in 2006 and a system of incentives, the Committee remains concerned at the persistence of illegal practices of sex-selective abortion, female infanticide and the non-registration and abandonment of female children, and about forced abortions. The Committee is concerned about the impact of the adverse sex ratio, which may contribute to the increase in trafficking in women and girls. The Committee is further concerned that due to longstanding traditions and cultural influences for boy preference and unequal status of girls, sex-selective abortions, female infanticide and abandonment of girls remain widespread, resulting among others in a high male to female sex ratio. (Paragraph 26) UN Committee on the Elimination of Discrimination against Women The Committee expresses concern at the persistence of deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society, reflected in concerns such as son-preference, which lead to high adverse sex-ratio and illegal sex-selective abortion. The Committee is concerned that these prevailing attitudes continue to devalue women and violate their human rights. (Paragraph 17). While the Committee notes the significant achievements made by mainland China in education, including the expansion of early childhood care and education, it is concerned about the increasing disparities in access to and availability of education for children living in rural areas and especially for children from ethnic minorities, asylum seeking and refugee children, children of North Korean mothers and migrant workers. In this regard, it is seriously concerned about the reports of official harassment and forced closure of privately run schools for migrant children in areas where they have little or no access to the state school system. It is further concerned about: (a) The quality of education throughout mainland China, affecting students’ repetition and retention and high drop-out rates for lower secondary school especially in a number of southern provinces; The Committee recommends that mainland China continue to strengthen programmes and policies to ensure the accessibility of quality education for all children, particularly children of migrant workers, from ethnic minorities and refugee and asylum-seeking children. It further urges mainland China to: (a) Ensure adequate funding to education at all levels and geographic areas and improve school infrastructure, number of teachers and children’s access to school materials and textbooks; UN Committee on Economic, Social and Cultural Rights The Committee is concerned about the continued irregularities in the State party's provision of universal access to free compulsory primary education, in particular with regard to rural communities, minority regions, disadvantaged families and internal migrant population. The Committee is also concerned about the high junior middle school dropout rate in some rural areas. (Paragraph 37) UN Committee on the Rights of Persons with Disabilities The Committee is concerned about the high number of special schools and the State party’s policy of actively developing these schools. The Committee is especially worried that in practice only students with certain kinds of impairments (physical disabilities or mild visual disabilities) are able to attend mainstream education, while all other children with disabilities are forced to either enrol in a special school or drop out altogether. UN Special Rapporteur on the right to food Another source of exclusion is the household registration system (hukou), the result of which is that, depending on their place of registration, individuals have different entitlements to basic services in the areas of health, education and basic income guarantees. The hukou system also leads to restrictions to the right to respect for family life, as the parent (or parents) migrating to the city often are obliged to leave the children behind in the rural areas, as they fear that these would not have access to education. (Paragraph 17) International Labour Organisation Article 2(3) of the Convention. 1. Compulsory schooling. The Committee previously noted that the law fails to guarantee funding for compulsory education, thus forcing or allowing many schools, particularly in rural regions, to collect tuition and other fees. However, the Committee noted that in 2007, the State Council made more funds available for rural compulsory schooling including providing tuition to all rural students of compulsory school age and increased subsidies to boarding school students from poor rural families. The Committee also noted that the Compulsory Education Law states that no miscellaneous fees should be charged for compulsory education and that the State Education Inspection and Supervision Group is responsible for monitoring the enforcement of the Law. The Committee noted that these measures resulted in a rise in the level of universal education across the country. However, the Committee noted the information in the UNESCO Education for All: Global Monitoring Report of 2008 that a well-structured inspection system on quality education was still in the early stages of development (2008/ED/EFA/MRT/PI/82, page 8). The Committee notes the information in the communication submitted by the ITUC of 1 September 2010 which indicates that, in March 2010, a new ten-year reform plan for the overhaul and improvement of the education system began. Nonetheless, the ITUC states that, according to statistics from the China Education and Research Network, the number of overall primary schools has decreased, as has enrolment at both the primary and secondary levels. The ITUC also refers to UNICEF figures indicating that approximately 1 million children drop out of school each year due to poverty (particularly ethnic minorities and girls) and that two-thirds of non-enrolled school-age children in China are females. The ITUC states that girls are the first to drop out when economic pressures affect their families, and that girls are more often found to be working in factories. The ITUC indicates that the increase in drop-outs, and the corresponding increase in child workers, are due to increasing school fees. The ITUC’s allegations reference cases where children were brought to work in factories by their parents in order to pay for their school fees. The Committee notes the statement in the report of the UNICEF Executive Board entitled “Report of the field visit to China by members of the Bureau of the Executive Board” of 14 May 2010 that despite efforts made by the Government in the education sector, challenges remain, especially in western areas, including disparities in the quality of, and access to, education and the numbers of children out of school (E/ICEF/2010/CRP.11, paragraph 20). Lastly, the Committee notes the information in the compilation report of 16 December 2008 prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of China that the Committee on the Elimination of Discrimination Against Women, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child each called upon China to eliminate all miscellaneous and other “hidden” fees for primary education (A/HRC/WG.6/4/CHN/2, paragraph 38). Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to pursue its efforts to ensure that, in practice, all children have access to free compulsory education, paying particular attention to girls and children from ethnic minorities and in rural areas. In this regard, the Committee requests the Government to take the necessary measures to considerably strengthen the mechanisms that monitor the enforcement of the Compulsory Education Law and the policies on exemptions for tuition and other fees. It requests the Government to continue to provide information on measures taken in this regard and to provide information from the monitoring and evaluation exercises conducted to monitor these policies. 2. Education for children of internal migrant workers. In its previous comments, the Committee noted the ITUC’s allegations that, according to the hukou system (household registration), migrant workers’ children, who travel with their parents to a city where they have no right to register as permanent residents, are not allowed access to schooling provided by the local governments. The Committee also noted that migrants started to organise their own schools, but that these schools were of variable quality. The Committee further noted the Government’s statement that it had developed a variety of policy measures to ensure equal access to compulsory education for these children, including a 2005 circular explicitly providing that the policy in place for urban students would similarly apply to the children of migrant workers from rural areas and a 2006 State Council document aiming to ensure equal access to compulsory schooling for the children of migrant workers. The Government indicated that in 2006 the Compulsory Education Law was revised to provide that, “[l]ocal governments shall provide equal access to compulsory education for school-aged children living with their parents or guardians who are working or residing in places other than their registered permanent residences”, following which localities established basic regimes to ensure access to compulsory education for migrant children. The Committee notes the statement in the ITUC communication that at present, different regions provide different measures for the children of migrant workers, and these plans may shift according to the whim of the local government, resulting in a failure to provide stable education to these children. However, the Committee also notes the Government’s statement that the restrictions linked to household registration have begun to change and that various levels of governments have taken measures to ensure that children of migrant workers receive compulsory education with local students, such as establishing budgets based on the total number of children accepted (not just the number of officially registered local children). In addition, the Government states that more support has been given to schools in areas with greater numbers of children of migrant workers and that subsidies have been given to provinces where progress has been made on this issue. Nonetheless, the Committee notes the information in the UNESCO 2010 report entitled Education for All: Global Monitoring Report (UNESCO EFA report) that, while the Government has introduced reforms, the hukou system continues to hinder access to education for the children of migrant workers. Even with requiring city authorities to accommodate holders of rural registration with temporary residence and employment permits, the children of many migrants continue to face restricted opportunities for education. The UNESCO EFA report indicates that only two-thirds of Beijing’s 370,000 migrant children were enrolled in public schools. The UNESCO EFA report also indicates that school budgets continue to be based on the number of official students registered by authorities, and that while individual schools can accept unregistered children, their parents must typically pay a fee to compensate for the lack of government funds, therefore making education inaccessible. The UNESCO EFA report further indicates that the unauthorised migrant schools are of questionable quality and some have been forced to close. The Committee expresses its serious concern about the lack of accessible compulsory education for the children of migrant workers and urges the Government to redouble its efforts to ensure that these children have equal access to free basic education. It requests the Government to continue to provide information on the results achieved, particularly on the number of children of migrant workers who were effectively provided with compulsory education through the measures taken, and estimates on the number of these children who remain out of school. Universal Periodic Review (2009) 22. Continue to strengthen policies to promote education and to address educational imbalances between urban and rural areas and among regions (Angola); (accepted) While the Committee notes the significant achievements made by mainland China in education, including the expansion of early childhood care and education, it is concerned about the increasing disparities in access to and availability of education for children living in rural areas and especially for children from ethnic minorities, asylum seeking and refugee children, children of North Korean mothers and migrant workers. In this regard, it is seriously concerned about the reports of official harassment and forced closure of privately run schools for migrant children in areas where they have little or no access to the state school system. It is further concerned about: (c) The lack of measures to promote the use and learning of mother-tongue and minority languages in the context of the bilingual education policy and discrimination against Tibetan and Uyghur children and children of migrant workers within the Chinese education system; The Committee recommends that mainland China continue to strengthen programmes and policies to ensure the accessibility of quality education for all children, particularly children of migrant workers, from ethnic minorities and refugee and asylum-seeking children. It further urges mainland China to: (c) Effectively implement the bilingual language policy to ensure use and promotion of ethnic minority languages and ensure participation from ethnic minorities, including Tibetan and Uyghur children at the local and regional levels in the decision-making process of the education system; UN Committee on the Elimination of Racial Discrimination The Committee has taken note of the policy of bilingual education for ethnic minorities of the State party, including the range of bilingual teaching models. It is however concerned at reports that in practice Mandarin is the sole language of instruction in many schools in the autonomous minority provinces, especially at secondary and higher levels of education. The Committee recommends the State party to intensify its efforts to ensure the implementation of legislation and policies on bilingual education at all levels of education, taking into account the relevant recommendations of the Forum on Minority Issues of 15 and 16 December 2008 (A/HRC/10/11/Add.1). (Paragraph 22) The Committee, while welcoming the State party’s efforts to implement the Committee’s concluding observations of 2005 on the State party’s second periodic report (CRC/C/CHN/CO/2), notes with regret that some of the recommendations contained therein have not been fully addressed. (c) Explicitly prohibit by law corporal punishment in the family, schools, institutions and all other settings, including penal institutions. (Paragraphs 6 and 7) UN Committee against Torture The Committee appreciates the promulgation of the following new regulations: With respect to mainland China, the Committee notes as positive the adoption of various policies, which promote the rights of children with disabilities. However, it notes with concern that the State party continue to adopt a medical approach to disability and the services for children with disabilities are centred mostly on institutions for physical ‘rehabilitation’. It is specifically concerned about: (a) The continued exception made to the ‘One-Child Policy’ whereby families with a child with disabilities are allowed to have a second child, a policy which promotes stigmatisation of children with disabilities; The Committee is concerned about the lack of screening programmes for early detection of disabilities in mainland China, Hong Kong SAR and Macau SAR. With regard to Macau SAR, the Committee is concerned that children with disabilities experience de facto discrimination and have limited access to inclusive education and well-trained, motivated teachers. It is further concerned about the lack of disaggregated data on children with disabilities in Hong Kong SAR, and that reports indicate that they are commonly excluded and discriminated, including by teachers, and bullied by their peers. (a) Repeal all provisions which result in de facto discrimination against children with disabilities and include a specific prohibition of discrimination on the ground of disability in all relevant legislation and policies, including the proposed Regulations on the Education of People with Disabilities. Mainland China should also ensure that children with disabilities are involved in the formulation and implementation of the policies and plans affecting them at all levels; UN Committee on the Rights of Persons with Disabilities The Committee fears that children with disabilities in the State party are at a high risk of abandonment by their parents and are often placed in isolated institutions. For those children with disabilities living at home in rural areas, the Committee is concerned at the lack of community-based services and assistance. The Committee urges the State party to take measures to fight the widespread stigma in relation to boys and girls with disabilities and revise their strict family planning policy, so as to combat the root causes for the abandonment of boys and girls with disabilities. It asks the State party to provide sufficient community-based services and assistance also in rural areas. (Paragraphs 13 and 14) The Committee is concerned about the high number of special schools and the State party’s policy of actively developing these schools. The Committee is especially worried that in practice only students with certain kinds of impairments (physical disabilities or mild visual disabilities) are able to attend mainstream education, while all other children with disabilities are forced to either enrol in a special school or drop out altogether. The Committee notes as positive the ‘Care for Girls’ campaign to change traditional preferences for boys and promote greater recognition of the value of girls in mainland China. However, it is seriously concerned that despite such programs, infanticide, particularly of girls and children with disabilities remain pervasive, a problem which is exacerbated by mainland China’s ‘One-Child Policy.’ UN Committee on the Rights of Persons with Disabilities The Committee expresses its utmost concern about the abduction of persons with intellectual disabilities, most of them children, and the staging of “mining accidents” in Hebei, Fujian, Liaoning and Sichuan, resulting in the victim’s death in order to claim compensation from the mine owners. The Committee welcomes the amendment to mainland China’s criminal procedure code and the current discussions on reforming the Re-Education Through Labour Programme (RTL). It remains however deeply concerned about the continued application of administrative detention of children, including RTL and ‘Work Study Schools’ (gongdu xuexiao), and the failure of the State party to end these practices despite repeated concerns expressed by the treaty bodies and UN special procedures mandate holders. It is especially concerned that: (a) Children above 16 years can be detained in RTL facilities without any access to legal safeguards or representation and such detention can last up to 18 months, according to the State party; The Committee recommends that in all areas of its jurisdiction, the State party strengthen its efforts to build a system of restorative and rehabilitative juvenile justice fully in line with the Convention, in particular articles 37, 39 and 40, the Committee’s general comment No. 10 on Children’s rights in Juvenile Justice (CRC/C/GC/10) and other relevant standards. It urges mainland China to ensure that no child is deprived of his or her liberty unlawfully or arbitrarily and that the best interests of the child shall be the primary consideration in any action. It further recommends that it: (a) Abolish the institutionalised system of RTL and ‘Work Study Schools’ which allows for the widespread application of administrative detention of children; end the use of incommunicado detention of children, including by immediately closing all secret detention facilities, such as “black jails”; UN Committee on the Elimination of Discrimination against Women [The Committee] is also concerned that prostitutes may be kept in administrative detention without due process of law. Moreover, the Committee is concerned about the insufficient data and statistical information about the extent of trafficking, in particular internal trafficking. UN Working Group on arbitrary detention Forms of administrative detention still in force include the following: [The Committee] is especially concerned that: (e) Children, especially in vulnerable situations, such as children in poverty, face several obstacles to accessing justice, including inadequate access to legal aid and lack of independent legal aid. [The Committee] further recommends that [the State party]: (e) Ensure that children can exercise their right to legal aid directly, and address disparities in access to justice by enhancing the quality and accessibility of legal aid to all children, including those in situations of vulnerability, such as children of migrant workers and ethnic minorities and children from religious communities. (Paragraphs 91 and 92) UN Committee on the Elimination of Discrimination against Women While welcoming the establishment of special courts and tribunals for the protection of the rights of women and children, the Committee notes with concern that in the absence of provisions for effective legal remedies, women's access to justice in cases of discrimination may remain limited, in particular in rural areas. The Committee also notes that the Convention does not appear to have ever been invoked in a court of law. [The Committee] also encourages the State party to enhance victims' access to justice and redress, for example, through training aimed at judicial officers, including judges, lawyers and prosecutors, in order to enhance their capacity to deal with violence against women in a gender-sensitive manner and ensure that claims are investigated expeditiously, including incidents of violence against women in detention centres. It also calls upon the State party to strengthen its system of data collection in regard to all forms of violence against women and to include such information in its next report. (Paragraphs 22). The Committee welcomes the amendment to mainland China’s criminal procedure code and the current discussions on reforming the Re-Education Through Labour Programme (RTL). It remains however deeply concerned about the continued application of administrative detention of children, including RTL and ‘Work Study Schools’ (gongdu xuexiao), and the failure of the State party to end these practices despite repeated concerns expressed by the treaty bodies and UN special procedures mandate holders. It is especially concerned that: The Committee recommends that in all areas of its jurisdiction, the State party strengthen its efforts to build a system of restorative and rehabilitative juvenile justice fully in line with the Convention, in particular articles 37, 39 and 40, the Committee’s general comment No. 10 on Children’s rights in Juvenile Justice (CRC/C/GC/10) and other relevant standards. It urges mainland China to ensure that no child is deprived of his or her liberty unlawfully or arbitrarily and that the best interests of the child shall be the primary consideration in any action. It further recommends that it: (a) Abolish the institutionalised system of RTL and ‘Work Study Schools’ which allows for the widespread application of administrative detention of children; end the use of incommunicado detention of children, including by immediately closing all secret detention facilities, such as “black jails”; (Paragraphs 91 and 92) International Labour Organisation 2. Forced labour. (i) Forced labour in re-education through labour camps. The Committee previously observed that China’s prison system includes re-education through labour and juvenile criminal camps, and noted that records indicate that all prisoners, including persons under 18, are subject to hard labour. It noted the ITUC’s allegations that, although the legislation calls for separate places for minors, in practice, due to limited spaces available, many minors are incarcerated with the adult population. The ITUC indicated that, pursuant to procedures inside the criminal justice system, children may be sent to labour camp re-education programmes. The Committee noted that the Committee on Economic, Social and Cultural Rights expressed grave concern about the use of forced labour as a corrective measure, without charge, trial or review, under the “Re-education through labour” programme (E/C.12/1/Add.107, paragraph 23) and that the Conference Committee on the Application of Standards emphasised the seriousness of such violations of Convention No. 182. In this regard, the Committee noted the Government’s statement that, under the relevant legislation, any form of forced labour involving juvenile delinquents is banned. The Government indicated that, since 2006, the juvenile delinquent rehabilitation institutions have made efforts to increasingly conduct teaching in a classroom format and enhance training in vocational skills. In this regard, section 26 of the “Platform on re-education and reform of prisoners” of 2007 provides that the labour performed should focus on the acquisition of skills, and that the duration of labour shall not exceed four hours per day or 20 hours per week. In addition, the Ministry of Justice promulgated the “Regulations on the administration of juvenile delinquent rehabilitation institutions” which provide that children under the age of 16 are exempt from participation in productive labour. The Committee expressed its concern that these Regulations only exempt children under 16 years of age from productive labour. The Committee notes the statement in the ITUC communication that there is little concrete evidence available on the new direction of this re-education through labour institutions (pursuant to section 26 of the “Platform on re-education and reform of prisoners”), such as low labour intensity activities and a maximum number of hours a week, and that statistics on the activities in these schools remain minimal. However, the ITUC does indicate that the number of these re education-through-labour institutions is being reduced. The ITUC states that there appear to be no specific regulations which guide the exact procedures through which minors are sent to these schools, and expresses the view that the use of these schools is in contravention of the Convention. The Committee notes the information in the Government’s report that section 75 of the prison law states that the execution of criminal punishments on juvenile delinquents shall be based on education and reform, that this labour shall conform to the characteristics of minors, and the main objective of this labour is to acquire an elementary education. The Government expresses the view that the labour assigned to juvenile delinquents is not forced labour, but a kind of skills training and education. The Government indicates that, by the end of 2008, there were 74 special schools for the purpose of education and rectification, with 9,631 students nationwide. Pursuant to section 25 of the Law on the Protection of Minors, students are only sent to these schools for continued education if disciplinary measures in regular schools (or by guardians) prove ineffective in rectifying undesirable behaviour. Section 25 states that the staff of these schools shall show concern and provide good care for students, and that these schools shall provide an ideological and cultural education, including education in vocational skills. The Government states that this labour and vocational and technical training aims to improve the employability and earning capacity of the juveniles, to avoid recidivism. The Government further states that juveniles are housed separately from adult inmates, in reformatories that attend to the psychological and physiological needs of the minors and that all provinces have established separate juvenile delinquent rehabilitation institutions, which provide classroom education, psychological services, vocational and technical education (following the completion of compulsory schooling) and family visits. The Committee notes the Government’s statement that juvenile delinquent institutions consist of juveniles who shall be rehabilitated through education (those under 16) and juveniles who will be re-educated through labour (those between 16 and 18). Therefore, the Committee expresses its serious concern at the compulsory nature of the work performed by children under 18 in re-education through labour programmes and by schoolchildren under the age of 18 within the context of work–study programmes. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, all forms of forced or compulsory labour are considered to be among the worst forms of child labour in which persons under 18 years of age may not be engaged and that, pursuant to Article 1 of the Convention, governments must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Accordingly, the Committee strongly urges the Government to take immediate and effective measures to ensure that children under 18 years of age are not, under any circumstance, forced to work within the framework of re-education through labour programmes or work–study programmes. With regard to re-education through labour programmes, the Committee urges the Government to take the necessary measures to ensure that the “Regulations on the administration of juvenile delinquent rehabilitation institutions” are extended to exempt children between 16 and 18 years from productive labour in these institutions. The Committee further requests the Government to provide information on the concrete steps taken to eradicate these types of forced or compulsory labour, and on the results achieved.
Abduction, sale and trafficking of children, particularly for sexual exploitation
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(b) Establish extraterritorial jurisdiction over the offences referred to in article 3, paragraph 1, in conformity with article 4, paragraph 2 of the Optional Protocol; and abolish the requirement of double criminality for the prosecution on the Mainland of offences committed abroad;
(c) Consider the Optional Protocol as a legal basis for extradition in respect of such offences. in conformity with article 4, paragraph 2 of the Optional Protocol.
The Committee further recommends that the State party:
(a) Undertake research on the root causes and extent of the commercial sexual exploitation of children, child sex tourism and sale of children, child prostitution and child pornography, to identify children at risk, assess the extent of the problem and develop targeted policies and programmes in mainland China and Macau SAR;
(b) Immediately address the issue of corruption and impunity in Macau SAR as a matter of priority, through rigorous investigations of complaints of complicity by government officials and their prosecution for such crimes; and
(c) Take all necessary measures, legal and institutional, to strengthen identification, investigation and prosecution of foreign paedophiles in all jurisdiction of the State party, particularly in Macau SAR.
Last reported: 27 to 29 April 2005
Concluding Observations published: 13 May 2005
Last reported: 10 August 2006
Concluding Observations issued: 25 August 2006
The Committee recommends that the State party increase its efforts to combat all forms of trafficking in women and girls. It urges the State party to bring its domestic legislation into line with international standards and to speedily complete, adopt and implement the draft national programme of action against human trafficking. It requests the State party to enhance enforcement of the law against trafficking to ensure that those who traffic and sexually exploit women and girls are prosecuted and punished, and to provide all necessary assistance to the victims of trafficking. The Committee also urges the State party to take measures aimed at the rehabilitation and reintegration of women in prostitution into society, to enhance other livelihood opportunities for women to leave prostitution, provide support for them to do so and to prevent any detention of women without due legal process. It calls upon the State party to systematically compile detailed data on cross-border and internal trafficking, reflecting the age and ethnic background of the victims. The Committee requests the State party to provide in its next report comprehensive information and data on the trafficking of women and girls as well as on the impact of measures taken and results achieved in this regard.
Individual Observation on Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2010
The Committee notes the Government’s statement that the NPAT 2008–12 has been implemented in an effective manner, and has contributed to the reduction of the trafficking of women and children at the grassroots level. In this regard, the Government indicates that, in October 2008, the first Anti-Trafficking
The Committee notes the information in the Government’s report that between June 2008 and May 2010, courts at all levels sentenced 5,308 persons in 3,266 cases for trafficking in women and children, and 217 persons in 137 cases for buying trafficked women and children. The Committee observes that the Government does not provide information on whether criminal sanctions were imposed on those convicted. The Committee reminds the Government that, by virtue of Article 7(1) of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of penal sanctions. The Committee expresses its deep concern at allegations of complicity of law enforcement officials with human traffickers and accordingly urges the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of perpetrators of the trafficking of children (including the buyers of persons under 18), and complicit government officials, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number of persons (including governmental officials) investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18, and the penal sanctions imposed.
Direct Request on Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2011
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Child labour, including the worst forms of child labour
UN Convention on the Rights of the Child (Concluding Observations, October 2013)
(b) The widespread involvement of children in hazardous work and the worst forms of child labour, especially in mining, manufacturing and brick industries; and inadequate protection of children from 16 to 18 years against hazardous work.
(a) Gather data on child labour, incidences of hazardous child labour and working conditions, disaggregated by age, sex, geographical location, socioeconomic background and make them publicly available and use them to develop effective measures to prevent and eliminate all forms of child labour;
(b) Identify hazardous work and worst forms of labour carried out by children and strengthen protection and prohibition of employment of children between 16 and 18 years of age in hazardous work;
(c) Ensure that for children above the age of 16 involved in labour, their involvement is based on genuine free choice and subject to adequate safeguards based on the Convention and international standards, including through the application of sanctions against individuals involved in forced recruitment; and
(d) Consider ratifying ILO Convention No. 189 (2011) concerning Decent Work for Domestic Workers.
Last reported: 27 to 29 April 2005
Concluding Observations issued: 13 May 2005
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Sexual exploitation and abuse of children
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(b) The low rate of prosecution for such crimes against children and the pervasiveness of extrajudicial settlements in mainland China and withdrawal of complaints in Macau SAR, leading to impunity for perpetrators;
(c) The lack of awareness among children in all areas of the State party’s jurisdiction about sexual abuse and ways to respond to and report such incidents;
(d) The lack of procedures to identify and support child victims of sexual exploitation and trafficking in Hong Kong SAR; and
(e) The limited access to justice, shelter, medical services, psychological counselling and compensation for child victims of sexual exploitation and abuse under the national legislation in mainland China, Hong Kong SAR and Macau SAR.
(b) Mainland China, Hong Kong SAR and Macau SAR to systematically collect data on sexual exploitation and abuse against girls and boys, on the number of investigations and penalties against perpetrators, and on redress and compensation offered to the victims;
(c) Mainland China, Hong Kong SAR and Macau SAR to establish effective and child-friendly procedures and mechanisms, including free helplines accessible to children, to receive, monitor and investigate complaints and undertake awareness-raising activities among children, including among boys, to encourage the reporting of sexual violence and abuse in schools and communities;
(d) Hong Kong SAR to conduct a comprehensive review of sexual offences in the Crimes Ordinance and reform laws to criminalise all forms of child pornography and sexual exploitation of children on the internet; it should also establish effective policies and procedures to identify and support child victims of trafficking and sexual exploitation;and
(e) Hong Kong SAR and Macau SAR respectively to develop a national strategy to respond to the shelter, health, legal and psychosocial needs of child victims of sexual exploitation and abuse, including by adequate training for professionals. (Paragraphs 44 and 45)
Last reported: 27 to 29 April 2005
Concluding Observation issued: 13 May 2005
Direct request on Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2011
Forced abortions and sterilisations
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
The Committee recommends mainland China to promptly and independenly investigate and publicly report all incidents of forced abortions and forced sterilisation of teenage girls by local authorities, and prosecute all officials responsible for such crimes. (Paragraphs 66 and 67)
Last reported: 27 to 29 April 2005
Concluding Observations issued: 13 May 2005
Last reported: 10 August 2006
Concluding Observations issued: 25 August 2006
The Committee urges the State party to strengthen its monitoring of the implementation of existing laws against selective abortion and female infanticide and to enforce them through fair legal procedures that sanction officials acting in excess of their authority. It also urges the State party to investigate and prosecute the reports of abuse and violence against ethnic minority women by local family planning officials, including forced sterilisation and forced abortion. The Committee recommends that the State party introduce mandatory gender-sensitivity training for family planning officials. It encourages the State party to continue to strengthen efforts to ensure that all girls are registered at birth, in particular in rural areas. It further recommends that the State party vigorously address the causes of son-preference, which remain strong in rural areas, and of the negative consequences of the one-child policy as regards the adverse sex ratio by expanding insurance systems and old-age pensions to the population at large, in particular in rural areas. (Paragraphs 31 and 32)
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Prevalence of sex-selective abortions despite the prohibition
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
The Committee urges mainland China to put in place a comprehensive approach to take effective and systematic action to combat social, cultural and economic discrimination against girls and women, including social-institutional norms and practices that are inconsistent with the provisions of the Convention and perpetuate discrimination against girls. The Committee further recommends that mainland China take immediate legal, policy and awareness-raising measures to prevent sex-selective abortions, female infanticide and abandonment of girls, including by addressing factors that reinforce cultural norms and practices that discriminate girls. (Paragraph 27)
Last reported: 10 August 2006
Concluding Observations issued: 25 August 2006
The Committee calls upon the State party to put in place a comprehensive approach to overcoming traditional stereotypes regarding the role of women and men in society, in accordance with articles 2 (f) and 5 (a) of the Convention. Such an approach should include legal, policy and awareness-raising measures, involve public officials and civil society and target the entire population, in particular men and boys. It should include the use of different media, including radio, television and print, and encompass both specialised and general programmes. The Committee calls upon the State party to evaluate the gender sensitivity of the curriculum and textbook reform it has undertaken since 2000 and to further ensure that it explicitly addresses the principle of equality between women and men. (Paragraphs 17 and 18)
While noting that legal measures prohibiting sex-selective abortions and female infanticide and other measures are in place, such as the nationwide campaign, "Operation Caring for Girls", launched in 2006 and a system of incentives, the Committee remains concerned at the persistence of illegal practices of sex-selective abortion, female infanticide and the non-registration and abandonment of female children, and about forced abortions. The Committee is concerned about the impact of the adverse sex ratio, which may contribute to the increase in trafficking in women and girls.
The Committee urges the State party to strengthen its monitoring of the implementation of existing laws against selective abortion and female infanticide and to enforce them through fair legal procedures that sanction officials acting in excess of their authority. It also urges the State party to investigate and prosecute the reports of abuse and violence against ethnic minority women by local family planning officials, including forced sterilisation and forced abortion. The Committee recommends that the State party introduce mandatory gender-sensitivity training for family planning officials. It encourages the State party to continue to strengthen efforts to ensure that all girls are registered at birth, in particular in rural areas. It further recommends that the State party vigorously address the causes of son-preference, which remain strong in rural areas, and of the negative consequences of the one-child policy as regards the adverse sex ratio by expanding insurance systems and old-age pensions to the population at large, in particular in rural areas. (Paragraphs 31 and 32)
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Barriers to access to education, particularly affecting rural communities, minority regions and internal migrants
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(b) Inadequate sanitation and hygiene, poor school infrastructure and physical safety for children in schools;
(c) The lack of measures to promote the use and learning of mother-tongue and minority languages in the context of the bilingual education policy and discrimination against Tibetan and Uyghur children and children of migrant workers within the Chinese education system;
(d) The multiple barriers in the use and promotion of the Tibetan language in schools in the Tibet Autonomous Region (TAR) of China and reports of closure of schools and detention of teachers;
(e) The prohibition of admission of children of an “evil cult” to educational institutions, as stipulated in Article 10 of the 2013 regulation on “Admission Requirements for Universities and Colleges,” which prevents children of Falun Gong practitioners, among others, from obtaining college education; and
(f) The quality and reliability of education data throughout the country.
(b) End harassment and closure of privately run schools for migrant children and ensure that education is automatically made available to all refugee and asylum seeking children following their arrival and registration in mainland China;
(c) Effectively implement the bilingual language policy to ensure use and promotion of ethnic minority languages and ensure participation from ethnic minorities, including Tibetan and Uyghur children at the local and regional levels in the decision-making process of the education system;
(d) Eliminate all restrictions, including the closure of Tibetan schools, that severely restrict the ability of Tibetan children to learn and use the Tibetan language in schools; mainland China should also ensure that all teaching and learning materials for the primary and secondary level are also available in ethnic minority languages and with culturally sensitive content, as guaranteed by the Chinese Constitution;
(e) Immediately repeal Article 10 of the 2013 “Admission Requirements for Universities and Colleges” and ensure that all children can access education without any restriction, regardless of their religion, belief or conscience;
(f) Expedite its efforts to improve school construction, safety and hygiene and access to adequate sanitation in all schools; and
(g) Devote more technical, financial and human resources and introduce international standards to improve data quality, disaggregation and analysis and ensure data availability, transparency and public review in education to improve data quality. (Paragraphs 74 and 75)
Last reported: 27 to 29 April 2005
Concluding Observations issued: 13 May 2005
In line with its general comments No. 11 (1999) on plans of action for primary education and 13 (1999) on the right to education, the Committee calls upon the State party to take effective measures to ensure that all children, including migrant children and ethnic minority children, have access to free compulsory primary education. The Committee also calls upon the State party to undertake effective reforms in the current education financing policies so as to allocate sufficient funds to support the provision of free and compulsory nine-year education to all children on national, state and local levels; and to eliminate all school-related fees so as to make compulsory primary education truly free for all children. The Committee further urges the State party to increase public expenditure on education in general, and to take deliberate and targeted measures towards the progressive realisation of the right to education for the disadvantaged and marginalised groups throughout the country. (Paragraph 66)
Concluding Observations issued: 15 October 2012
The Committee wishes to remind the State party that the concept of inclusion is one of the key notions of the Convention and should be especially adhered to in the field of education. In this regard, the Committee recommends that the State party reallocate resources from the special education system to promote the inclusive education in mainstream schools, so as to ensure that more children with disabilities can attend mainstream education. (Paragraphs 35 and 36)
Country visit: 15 to 23 December 2010
Report published: 20 January 2012
Individual Observation on Minimum Age Convention, 1973 (No. 138)
Published: 2010
The Committee also notes the information contained in the Government’s report that the net entrance rate for primary school has increased to 99.54 per cent. The Government also indicates that since the autumn 2008 semester, urban students have been exempted from tuition and incidental fees for compulsory education, similar to the programme operating in rural areas. Students whose families are entitled to minimum living standards are given free textbooks and boarding school students receive livelihood subsidies. The Government further indicates that the balanced development of compulsory education within regions is a strategic focus for the Government that it aims to achieve by 2020. In this regard, the Committee notes that in 2010, the Government issued the “National Mid- and Long-Term Reform on Education and Development Programme
(2010–20)”, which includes specific compulsory education targets, measures to increase the guaranteed level of resource funds and initiatives to raise the quality of education at all levels. In addition, the Government indicates that various local governments have taken steps to improve access to education in rural areas, such as increasing the infrastructure of rural schools, minimising gaps in the conditions between schools and guiding teachers towards rural, remote and poor areas. The Committee also notes the Government’s indication that it engages in the monitoring of provinces, cities and counties to review the effect given to the policies exempting students from tuition and incidental fees (in both rural and urban areas). This monitoring included school inspections in five provinces and autonomous regions, and indicated that these local governments had been correctly implementing the national policies. The Committee further notes the Government’s statement that it has, since 2008, been carrying out monitoring work on progress towards the balanced development of compulsory education in 72 counties across the country. The Government states that the results of this monitoring work are submitted to the administrative department on national education for reference when formulating education policy, though the Committee observes that this information is not included in the Government’s report.
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Lack of education provision in minority languages
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(d) The multiple barriers in the use and promotion of the Tibetan language in schools in the Tibet Autonomous Region (TAR) of China and reports of closure of schools and detention of teachers;
(d) Eliminate all restrictions, including the closure of Tibetan schools, that severely restrict the ability of Tibetan children to learn and use the Tibetan language in schools; mainland China should also ensure that all teaching and learning materials for the primary and secondary level are also available in ethnic minority languages and with culturally sensitive content, as guaranteed by the Chinese Constitution;
Last reported: 7 to 10 August 2009
Concluding Observations issued: 15 September 2009
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
The Committee reiterates its recommendations to mainland China and Macao SAR and Hong Kong SAR to take all necessary measures to address all those recommendations that have not been implemented or not sufficiently implemented and urges the State party to:
Last reported: 7 and 10 November 2008
Concluding Observations issued: 21 November 2008
(d) The prohibition of corporal punishment of children in schools and judicial processes. (Paragraph 5).
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Discrimination against children with disabilities
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(b) The widespread stigma attached to children with disabilities and multiple forms of discrimination they experience, including limited access to education, health care and social services;
(c) The severe urban-rural disparity in the number of children with disabilities, and the high number of them living in institutions, particularly in rural areas; and
(d) The State party’s policy of actively developing segregated special schools while devoting few resources to the education of children with disabilities in mainstream schools. The Committee is further concerned about reports that children with disabilities are denied admission by mainstream schools, pressured to leave the schools, or sometimes expelled due to their disabilities.
Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(b) Independently monitor all cases of disability-based discrimination in mainland China and in Hong Kong SAR and Macau SAR and provide effective remedies in cases of violations of the rights of children with disabilities;
(c) Prevent and eliminate institutional-based care for children with disabilities in mainland China and take immediate steps for the deinstitutionalisation within a reasonable timeframe and develop family and community-based care and services as alternatives to institutional care;
(d) Further develop screening services for prevention and early detection of disabilities in mainland China, Hong Kong SAR and Macau SAR, and provide proper follow-up and early development programmes;
(e) Promptly identify and remove all the barriers, including physical that prevent students with disabilities from entering and staying in the mainstream system in mainland China, in Hong Kong SAR and Macau SAR and reallocate resources from the special education system to promote the inclusive education in mainstream schools;
(f) Intensify its efforts to tackle bullying of children with disabilities in schools in Hong Kong SAR, including by teaching human rights, peace and tolerance, providing vocational education for teachers and employing special assistance for children in the classes. Furthermore, Hong Kong SAR should systematically collect disaggregated data on children with disabilities and use the collected data in the formulation of policies and programmes for children with disabilities; and
(g) Conduct awareness-raising and educational campaigns targeting children with disabilities, the public at large and specific groups of professionals with a view to preventing and eliminating de facto discrimination against children with disabilities in mainland China, in Hong Kong SAR and Macau SAR. (Paragraphs 57 to 60)
Concluding Observations issued: 15 October 2012
The Committee wishes to remind the State party that the concept of inclusion is one of the key notions of the Convention and should be especially adhered to in the field of education. In this regard, the Committee recommends that the State party reallocate resources from the special education system to promote the inclusive education in mainstream schools, so as to ensure that more children with disabilities can attend mainstream education. (Paragraphs 35 and 36)
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Killing of children with disabilities, including intellectual disabilities
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
In light of article 6 of the Convention, the Committee urges mainland China to consider revising its stringent family planning policy in an effort to combat infanticide, in particular of girls and children with disabilities and to ensure that every child’s inalienable rights to life and survival are protected. It specifically recommends that mainland China:
(a) Adopt comprehensive legal and policy measures to address the underlying factors for infanticide, including the ‘One-Child Policy’;
(b) Ensure more effective and consistent application and enforcement of laws against infanticide in all provinces and prefectures; and
(c) Improve ways to count, verify and register every birth. (Paragraphs 32 and 33)
Concluding Observations issued: 15 October 2012
The Committee strongly urges the State party to continue investigating these incidents and prosecute all those responsible, and impose appropriate sanctions. It also asks the State party to implement comprehensive measures to prevent further abductions of boys with intellectual disabilities and provide remedies to the victims. (Paragraphs 19 and 20)
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Administrative detention of children
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(b) Reports indicate that children are abducted and held incommunicado for days or months either with their parents or in the absence of their parents or guardians in secret detention facilities, including “black jails”;
(c) No steps have been taken to investigate allegations of the existence of “black jails” and torture and ill-treatment, including food and sleep deprivation against children in such places and RTL facilities;
(d) Children of migrant workers are significantly overrepresented in mainland China’s criminal justice system;
(b) Ensure that children arrested and deprived of their liberty are brought before an independent judicial authority to examine the legality of their arrest and detention within 24 hours of their arrest and are provided with adequate free and independent legal assistance immediately and can contact their parents or close relatives;
(c) Independently investigate and publicly report on the existence of secret detention facilities, such as “black jails,” including the authority under which they have been established and prosecute individuals responsible for operating secret detention facilities, including “black jails” as well as those involved in torture and ill-treatment of children in such facilities;
(d) Adopt urgent and specific measures to address the disproportionate representation of children of migrant workers in the criminal justice system; (Paragraphs 91 and 92)
Last reported: 10 August 2006
Concluding Observations issued: 25 August 2006
The Committee also urges the State party to take measures aimed at the rehabilitation and reintegration of women in prostitution into society, to enhance other livelihood opportunities for women to leave prostitution, provide support for them to do so and to prevent any detention of women without due legal process
Country visit: 18 to 30 September 2004
Report published: 29 December 2004
− Work Study Schools (gongdu xuexiao), implemented to correct what is described in the Law on Preventing Juvenile Delinquency adopted on 28 June 1999 as “Seriously unhealthy behaviour that seriously harms society but does not qualify for criminal punishments”. (Paragraph 40)
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Inadequate guarantees of access to justice for children
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
Last reported: 10 August 2006
Concluding Observation issued: 25 August 2006
The Committee encourages the State party to ensure that the Convention, the Committee's general recommendations and related domestic legislation are made an integral part of the legal education and training of judicial officers, including judges, lawyers and prosecutors, and to ensure that, in particular, judges and officers of the special courts and tribunals are familiar with the Convention and the State party's obligations thereunder. It also calls upon the State party to enhance availability of effective legal remedies and implement further awareness-raising and sensitisation measures about such legal remedies against discrimination so that women can avail themselves of them. It encourages the State party to monitor the results of such efforts and to include in its next periodic report detailed statistics on the use by women of the legal system to obtain redress for discrimination in all fields covered by the Convention, and trends over time. (Paragraphs 11 and 12).
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Forced labour in re-education camps
UN Committee on the rights of the Child (Concluding Observations, October 2013)
(a) Children above 16 years can be detained in RTL facilities without any access to legal safeguards or representation and such detention can last up to 18 months, according to the State party;
Individual Observation on Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2010
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