COLOMBIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
  - follow-up
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
  - early warning
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

(CCPR/C/COL/CO/7)

Concluding observations published: 17 November 2016

Last reported: 7 April 2015

Internal armed conflict: The State party should continue and intensify its efforts to prevent violations of Covenant rights and to give effect to the rights of victims of the armed conflict to truth, justice and full reparation. It should, in particular, ensure that: Effective protection and care is afforded to the most vulnerable persons and communities, in particular women, children, older adults, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, Afro-Colombians and indigenous peoples (para 9).

Violence against women and sexual violence: The Committee recognizes that the State party has taken numerous steps to prevent and combat violence against women and sexual violence, to punish persons who commit such acts and to offer reparation and assistance to the victims. It is concerned, however, by reports that violence against women and sexual violence aimed primarily at women and girls continue to be serious problems both within and outside the context of the armed conflict, and by reports that many of these crimes go unpunished. The State party should redouble its efforts to prevent and combat all acts of violence against women and acts of sexual violence, to punish persons who commit such acts and to offer assistance and full reparation to victims. In particular, it should facilitate the submission of complaints by victims, investigate all instances of violence against women and of sexual violence promptly, thoroughly and impartially, ensure that the persons committing such acts stand trial and are punished and ensure that victims receive assistance, full reparation and appropriate protection without delay by, inter alia, making a sufficient number of shelters available for victims throughout the country (paras 18, 19).

Voluntary termination of pregnancy: While taking note of the measures adopted by the Ministry of Health to ensure that women have access to abortion services when one or more of the criteria provided for in Constitutional Court Decision No. C-355 of 2006 are met, the Committee is concerned by reports about the obstacles that some women have faced when attempting to gain access to legal abortion services, including conscientious objection on the part of health-care personnel without appropriate referrals and a lack of proper training on the part of such personnel. It is also concerned by reports of numerous cases in which abortions have been performed illegally under unsafe conditions that have endangered the life or health of the women involved. It is, in addition, concerned by information indicating that teenage pregnancy rates are high. The State party should continue and step up its efforts to ensure that women have effective, prompt access to legal abortion services by, inter alia, doing away with the obstacles that could prevent their access to such services and facilitating public access to information on how to go about having an abortion legally. In particular, the State party should establish an effective referral mechanism to ensure the availability of safe abortion services in cases where health-care professionals invoke the conscientious objection clause, and ensure that those professionals who perform abortions receive adequate training. The State party should review the repercussions of the existing legal framework with a view to ensuring that women do not have to resort to clandestine abortions that endanger their life and health. The State party should intensify its efforts to prevent unwanted pregnancies, especially among adolescents, and to ensure that women and adolescent girls have access to appropriate sexual and reproductive health services throughout the country (paras 20, 21).

Trafficking in persons: While welcoming the various steps taken by the State party to combat trafficking in persons and to punish the responsible parties, the Committee takes note with concern of reports that human trafficking, including internal trafficking, persists, particularly to the detriment of vulnerable persons such as children, Afro-Colombians and indigenous peoples. The State party should continue and step up its efforts to prevent and combat trafficking in persons, including internal trafficking; to punish the responsible parties; to identify the victims; and to provide them with full reparation and appropriate protection and assistance (paras 26,27).

Use and recruitment of children by illegal armed groups: The Committee takes note of the efforts made by the State party to prevent children from being used or recruited by illegal armed groups and to separate those who have been recruited from those groups and offer them assistance and protection. It is concerned, however, at reports of the continued use and recruitment of children by illegal armed groups, including, in particular, the use and recruitment of indigenous and Afro-Colombian children, and by illegal armed groups that formed in the wake of the demobilization of paramilitary organizations. The Committee takes note of the State party’s statement that, in accordance with the laws in force, security forces do not engage in intelligence activities or military civic acts that involve children. It is concerned, however, by reports of cases in which members of the security forces allegedly involved children in such activities during the reporting period. The State party should continue and step up its efforts to prevent the use and recruitment of children by illegal armed groups; to ensure that, in accordance with the jurisprudence of the Constitutional Court, all children who have been used or recruited by such groups are treated as victims, regardless of which armed group they have been separated from; to ensure that all children separated from such groups receive protection and proper care with a view to their physical and psychological recovery and to the restoration of their rights; and to ensure that the responsible parties stand trial and are punished. The State party should also adopt effective measures to ensure that, in actual practice, children are not involved in intelligence work or in military civic activities (paras 40,41).

(CCPR/C/COL/CO/6)

Last Reported: 15 and 16 July 2010                                                              Concluding Observations issued: 4 August 2010

Issues raised and recommendations given:

Torture: The Committee expresses its grave concern at the persistence of serious violations of human rights, including extrajudicial executions, forced disappearances, torture, rape and recruitment of children for use in the armed conflict. The Committee emphasizes the serious lack of statistics and concise information on the number of cases of torture and related investigations. The Committee notes the particular vulnerability of certain groups, such as women, children, ethnic minorities, displaced persons, the prison population, and lesbian, gay, bisexual and transgender (LGBT) persons. The Committee is concerned at the lack of criminal investigations and the slow progress of existing investigations, since many of them are still at the pre-investigation stage, thus contributing to continued impunity for serious human rights violations.

The State party should ensure that prompt and impartial investigations are conducted by the competent authorities and that human rights violations are punished with sentences appropriate to their seriousness. The State should provide the Human Rights and International Humanitarian Law Unit with additional resources in order to speed up its work. The Committee underlines the importance of the cases concerned being assigned to that Unit. The State must also strengthen security measures for justice operators and for all witnesses and victims. The State party should establish a centralized system making it possible to identify all serious human rights violations and to properly monitor their investigation. (arts. 2, 3, 6, 7, 24, 26) (Para. 12)

Sexual violence: The Committee expresses deep concern about reports of the alarming incidence of sexual violence against women and girls. It is concerned about the number of such violations attributed to members of the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (Revolutionary Armed Forces of Colombia – People’s Army) (FARC-EP) and illegal armed groups that have emerged from the demobilization of paramilitary organizations. The Committee further expresses its grave concern about cases, mostly involving young girls, in which the alleged perpetrators are members of the security forces. The Committee regrets that not all of the necessary measures have been taken in order to make progress in the investigations of the 183 cases of sexual violence referred to the Attorney General’s Office by the Constitutional Court. It is also concerned about the failure of the mechanisms established by Act No. 975 of 2005 to reflect crimes involving sexual violence.

The State party should adopt effective measures to investigate all cases of sexual violence referred to the Attorney General’s Office by the Constitutional Court and should establish a reliable system for documenting incidents of any type of sexual or gender violence. Acts of sexual violence reportedly committed by the security forces should be investigated, tried and firmly punished, and the Ministry of Defence should enforce a policy of zero tolerance of such violations which provides for the dismissal of the perpetrators. The State party should increase the resources allocated to the physical and psychological recovery of women and girls who are victims of sexual violence and ensure that they do not suffer secondary victimization in gaining access to justice. (arts. 3, 7, 24 and 26) (Para. 18)

Health: The Committee is concerned that, despite Ministry of Health Decree No. 4444 of 2006, health-service providers refuse to perform legal abortions and that the Procurator-General does not support enforcement of the relevant Constitutional Court ruling. The Committee is likewise concerned that insufficient sex education in the school curriculum and public information on how to gain access to a legal abortion continues to cause loss of life among women who have resorted to unsafe abortions. The State party must ensure that health providers and medical professionals act in conformity with the ruling of the Court and do not refuse to perform legal abortions. Further, the State party should take steps to help women to avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that may put their lives at risk. The State party should facilitate access to public information on access to legal abortions. (arts. 3, 6 and 26) (Para. 19)

Armed conflict: The Committee is concerned about the recruitment of children by illegal armed groups, especially by FARC-EP and the Ejército de Liberación Nacional (National Liberation Army) (ELN). The Committee is also concerned that security forces continue to use children in military civic acts, such as the “Soldier for a day” programme and that children are interrogated in order to obtain intelligence. The State party should strengthen all possible measures to prevent the recruitment of children by illegal armed groups and should by no means involve children in intelligence activities or in military civic acts aimed at militarizing the civilian population. (arts. 2, 7, 8 and 24) (Para. 24)

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(CCPR/CO/80/COL)

Last reported: 15 and 16 March 2004
Concluding Observations adopted: 25 March 2004

Concerns raised:

• Persistence of human rights violations: The Committee expresses its grave concern at the persistence of serious violations of human rights, including extrajudicial executions, forced disappearances, torture, rape and recruitment of children for use in the armed conflict. The Committee emphasises the serious lack of statistics and concise information on the number of cases of torture and related investigations. The Committee notes the particular vulnerability of certain groups, such as women, children, ethnic minorities, displaced persons, the prison population, and lesbian, gay, bisexual and transgender (LGBT) persons. The Committee is concerned at the lack of criminal investigations and the slow progress of existing investigations, since many of them are still at the pre-investigation stage, thus contributing to continued impunity for serious human rights violations (arts. 2, 3, 6, 7, 24 and 26).

  The State party should ensure that prompt and impartial investigations are conducted by the competent authorities and that human rights violations are punished with sentences appropriate to their seriousness. The State should provide the Human Rights and International Humanitarian Law Unit with additional resources in order to speed up its work. The Committee underlines the importance of the cases concerned being assigned to that Unit. The State must also strengthen security measures for justice operators and for all witnesses and victims. The State party should establish a centralised system making it possible to identify all serious human rights violations and to properly monitor their investigation. (Paragraph 12)

• Sexual assaults: The Committee expresses deep concern about reports of the alarming incidence of sexual violence against women and girls. It is concerned about the number of such violations attributed to members of the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (Revolutionary Armed Forces of Colombia – People's Army) (FARC-EP) and illegal armed groups that have emerged from the demobilisation of paramilitary organisations. The Committee further expresses its grave concern about cases, mostly involving young girls, in which the alleged perpetrators are members of the security forces. The Committee regrets that not all of the necessary measures have been taken in order to make progress in the investigations of the 183 cases of sexual violence referred to the Attorney General's Office by the Constitutional Court. It is also concerned about the failure of the mechanisms established by Act No. 975 of 2005 to reflect crimes involving sexual violence (arts. 3, 7, 24 and 26).

  The State party should adopt effective measures to investigate all cases of sexual violence referred to the Attorney General's Office by the Constitutional Court and should establish a reliable system for documenting incidents of any type of sexual or gender violence.

  Acts of sexual violence reportedly committed by the security forces should be investigated, tried and firmly punished, and the Ministry of Defence should enforce a policy of zero tolerance of such violations which provides for the dismissal of the perpetrators.

  The State party should increase the resources allocated to the physical and psychological recovery of women and girls who are victims of sexual violence and ensure that they do not suffer secondary victimization in gaining access to justice. (Paragraph 18)

• Abortion/ sex education: The Committee congratulates the State party on its progress in implementing the earlier recommendation made by the Committee in 2004 (CCPR/CO/80/COL, para. 13) through Constitutional Court ruling C-355 of 2006, which decriminalizes abortion in certain circumstances: when the woman is a victim of rape or incest, when pregnancy poses a serious risk to her life or health, and when the foetus displays signs of serious malformations that make its life outside the womb unviable. However, the Committee is concerned that, despite Ministry of Health Decree No. 4444 of 2006, health-service providers refuse to perform legal abortions and that the Procurator-General does not support enforcement of the relevant Constitutional Court ruling. The Committee is likewise concerned that insufficient sex education in the school curriculum and public information on how to gain access to a legal abortion continues to cause loss of life among women who have resorted to unsafe abortions (arts. 3, 6 and 26).

  The State party must ensure that health providers and medical professionals act in conformity with the ruling of the Court and do not refuse to perform legal abortions. Further, the State party should take steps to help women to avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that may put their lives at risk. The State party should facilitate access to public information on access to legal abortions. (Paragraph 19)

• Arbitrary arrests: The Committee is concerned about the high incidence of arbitrary arrests and, in particular, the use of preventive administrative detention by the police and mass arrests by the police and the army. The Committee notes that arrest warrants are frequently insufficiently substantiated by evidence and that arrests are used as a means of stigmatising certain groups, such as community leaders, youth, indigenous people, Afro-Colombians and campesinos (arts. 9, 24 and 26).

  The Committee recommends that the State party take steps to eradicate preventive administrative detention and mass arrest and to act on the recommendations made by the Working Group on Arbitrary Detention following its mission to Colombia in 2008 (A/HRC/10/21/Add.3). (Paragraph 20)

• Internally Displaced People (IDPs): The Committee is concerned at the very high incidence of forced displacement (over 3.3 million persons by the end of 2009 according to the State party) and at the lack of effective measures for prevention and care. The Committee notes with concern that attention to the needs of the displaced population remains inadequate and is marked by an insufficient allocation of resources and the lack of comprehensive measures for providing differentiated care for women, children, Afro-Colombians and indigenous people (arts. 12, 24, 26 and 27).
• The State party should ensure the development and implementation of a comprehensive policy for the displaced population that should provide for differentiated care, with the emphasis on women, children, Afro-Colombians and indigenous people. The State party should strengthen mechanisms for ensuring that the land of displaced persons can be restituted. The State should evaluate the progress being made on a regular basis in consultation with the beneficiary population. The State party must also implement the recommendations made by the Representative of the Secretary-General on the human rights of internally displaced persons following his visit to Colombia in 2006 (A/HRC/4/38/Add.3).(Paragraph 23)

• Recruitment of children: The Committee is concerned about the recruitment of children by illegal armed groups, especially by FARC-EP and the Ejército de Liberación Nacional (National Liberation Army) (ELN). The Committee is also concerned that security forces continue to use children in military civic acts, such as the "Soldier for a day" programme and that children are interrogated in order to obtain intelligence (arts. 2, 7, 8 and 24).

  The State party should strengthen all possible measures to prevent the recruitment of children by illegal armed groups and should by no means involve children in intelligence activities or in military civic acts aimed at militarising the civilian population. (Paragraph 24)

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/COL/5)

Last reported: 4 and 5 May 2010
Concluding Observations adopted: 19 and 20 May 2010

Concerns raised:

• Violence against women and girls: The Committee is deeply concerned at the large number of women and girls that continue to be raped and killed in the State party, and that violence against women and girls, in particular sexual violence is perpetrated by illegal armed groups and army forces, despite the legislative and policy measures taken by the State party to combat violence against women. The Committee remains concerned that perpetrators of such violence remain unpunished.. The Committee is particularly concerned about violence against women in situation of forced displacement due to the armed conflict (art. 10).

  The Committee urges the State party to strengthen its efforts aimed at preventing and eliminating violence against women by effectively implementing its programs to provide integral assistance to protect and rehabilitate victims; facilitating access of women to justice; prosecuting perpetrators of such violence; and compensating the victims. The Committee also recommends that the State party take measures to prevent and protect women in situation of forced displacement due to the armed conflict from violence by:

  - adopting and implementing the program "Protection of the Rights of Indigenous Internally Displaced Women";
  - implementing, through Accion Social, the 12 specific programs of protection ordered by the Constitutional Court;
  - conducting investigation on sexual violence cases concerning displaced women in the State party;
  - prosecuting and sentencing perpetrators and;providing compensation to victims.

  The State party should also adequately support the Attorney General's Office and the special group set up in its Human Rights and Humanitarian Law Unit, by providing sufficient resources, and give full effect to the Law 1257 of 2008 on "Measures to raise awareness, prevent and punish all forms of violence and discrimination against women".

  (Paragraph 15)

• Recruitment of children: The Committee is deeply concerned that children continue to be forcibly recruited by illegal armed groups, notably by FARC-EP and ELN, including through recruitment campaigns in schools, as well as by new paramilitary groups, thus preventing them from enjoying their economic, social and cultural rights. The Committee is also deeply concerned that a large number of children are killed during assaults, by homicides, landmines or as victims of cross-fire between the army and illegal armed groups. (art. 10)

  The Committee urges the State party to take all necessary measures to:
  - fully implement its Directive 500-2 of 2005 aimed at developing strategies to prevent child recruitment by armed forces;
  - prevent the recruitment of children by illegal armed groups;
  - pursue demobilisation, reintegration and rehabilitation programmes in compliance with its legislation;
  to prosecute and sentence those responsible.

  (Paragraph 16)

• Sexual exploitation: The Committee is concerned at the large number of children that continue to be victims of sexual exploitation, in particular children from disadvantaged and marginalised groups, including internally displaced children and children living in poverty, in spite of measures already taken by the State party, such as legislation that criminalises sexual exploitation; sex tourism with minors; and child pornography with specific provisions regarding internet providers, as well as the National Plan of Action to prevent and eradicate sexual exploitation (2006-2011) (art. 10).

  The Committee urges the State party to effectively enforce legislation to combat trafficking in children. It also recommends that the State party strengthen its programmes and information campaigns to prevent trafficking under the National Strategy to Combat Human Trafficking 2007-2012 with particular attention to children from disadvantaged and marginalized groups; to continue to provide mandatory training for law officials and judges; and to prosecute and sentence those responsible for the crimes of trafficking in children. The State party should provide in its next periodic report statistical data disaggregated on an annual basis, by sex and country of origin of children who are victims of exploitation and trafficking, as well as on cases investigated and the decisions taken. (Paragraph 17).

• Marriage: The Committee is concerned that it is permissible for children to get married at 14 years with the consent of a parent or guardian, though the legal minimum marriage age in the State party is 18 years. It is also concerned that getting married at 14 years has a negative impact on the enjoyment by children of their economic, social and cultural rights, in particular the rights to health and to education (art. 10).

  The Committee encourages the State party to implement the legal minimum marriage age of 18 years for girls and boys, in compliance with international standards. The Committee also requests that, in its next periodic report, the State party provide detailed information on the extent of this phenomenon. (Paragraph 18)

• Birth registration: The Committee is concerned that about 20 per cent of children born in the State Party are not registered, in particular in remote areas and among indigenous, afro-colombian peoples and internally displaced persons. It is also concerned that the lack of registration results in difficulties in the access to and enjoyment of their rights under the Covenant (art.10).

  The Committee recommends that the State party take immediate measures to ensure that all children born in the State party are registered, in particular in rural areas and among indigenous and afro-colombian peoples and internally displaced persons. The Committee also recommends that the State party complete the modernization of its Civil Registry, and provide sufficient resources to the National Registry's Office to facilitate the registration in rural areas and by internally displaced persons. (Paragraph 19).

• Malnutrition: The Committee is concerned about the high malnutrition rate which affects a considerable number of children and women, in particular among internally displaced groups, as well as persons living in rural areas.

  The Committee firmly recommends that the State party adopt an effective national food policy to combat hunger and malnutrition, in particular among children, women, internally displaced persons and persons living in rural areas.(Paragraph 21)

• Maternal and infant mortality: The Committee is concerned that maternal and infant mortality remain very high and persistent in the State party, in particular in rural areas and among indigenous peoples in Amazonas and Antioquia, and afro-colombian peoples in the Pacific and Atlantic coasts, due to difficulties in accessing health care services (art. 12).

  The Committee recommends that the State party strengthen its public health policy, to ensure for all, in particular for the indigenous, afro-colombian peoples, and persons living in rural areas, universal access to health care services. The Committee also recommends that the State party take all necessary measures to ensure that health care services are accessible to those living in poverty. (Paragraph 25)

• Sexual and reproductive health: The Committee is highly concerned about the increasing rate of teenage pregnancies and the lack of adequate and accessible sexual and reproductive health services, in particular in rural areas and among internally displaced persons (art.12).

  The Committee recommends that the State party ensure sexual and reproductive education in schools. It also recommends that the State party increase resources allocated to sexual and reproductive health services, in particular in rural areas and among internally displaced persons, and carry out a proactive strategy to prevent early pregnancies. (Paragraph 26)

• Drug use: The Committee is concerned at the high rate of drug consumption in the State party, in particular among adolescents and its negative effects on individual health, as well as its impact on public health care (art.12)

  The Committee recommends that the State party include programs to combat drug consumption in its public health and education policies, including information campaigns on the negative effects of the use of narcotics. (Paragraph 27)

• Access to education: The Committee is concerned that access to free and compulsory education is not fully ensured, as families continue to pay for the provision of educational services such as school exams reports, carnet, certifications and the use of equipment based on their incomes (arts. 13, 14).

  The Committee recommends that the State party take immediate measures to ensure access of all children without discrimination, to free and compulsory primary education. (Paragraph 29)

• Illiteracy: The Committee is concerned about the high rate of illiteracy among young persons and adults in the State party, in particular among disadvantaged and marginalized groups, as well as in rural areas (arts. 13, 14).

  The Committee recommends that the State party take all necessary measures to combat illiteracy, including by carrying out awareness campaigns to sensitize parents, in particular within indigenous and afro-colombian peoples, as well as in rural areas, to the importance of education for their children. (Paragraph 30)

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UN Committee against Torture

(CAT/C/COL/CO/4)

Last reported: 10 and 11 November 2009
Concluding Observations published: 4 May 2010 

Concerns raised:

• Recruitment of children by illegal organised groups: The Committee is concerned about the continued recruitment and use of children by illegal armed groups. The Committee recognises the efforts made by the State party through the establishment, in December 2007, of the Intersectoral Commission to prevent the unlawful recruitment of children and adolescents by illegal organised groups; it notes that according to the State party, it has been possible to break the grip of such groups on some 3,800 children. The Committee does, however, regret the lack of information on the criminal liability of persons responsible for recruiting children. It is concerned that such children are not given sufficient support to ensure their physical and mental rehabilitation and recuperation, that different levels of protection are offered depending on whether the children are demobilised from guerrilla or other illegal armed groups, and that when children are taken captive by the security forces, they are not always handed over to the civil authorities within the 36-hour legal deadline. The Committee is also concerned that the security forces use children for intelligence purposes, occupy schools in areas of conflict and organise "military days" in schools throughout the country (articles 2 and 16 of the Convention).

  The State party should strengthen measures to prevent the recruitment of children, provide proper support to ensure their physical and mental rehabilitation and recuperation and prosecute through the criminal courts those who have recruited them. The security forces should refrain from jeopardising the neutrality of schools and comply with standards relating to the return to the civil authorities of children who have broken away from illegal armed groups or been captured. The Committee recommends that the State party extend its full cooperation to the Special Representative of the Secretary-General for Children and Armed Conflict in order to progress with the implementation of Security Council resolution 1612. (Paragraph 29)

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UN Committee against Torture: Follow-up

2-20 November 2009

No specific mention of children's rights.

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/COL/CO/7-8)

Last Reported: 2 October 2013                                                                      Concluding Observations Issued: 29 October 2013

Issues raised and recommendations given:

Stereotypes: The Committee is concerned at the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society in the State party. It notes that such attitudes and stereotypes constitute a significant impediment to the implementation of the Convention, as they are root causes of women’s disadvantaged position in political and public life, especially in decision-making positions and elected offices, as well as in the labour market; the prevalence of violence against women; and gender segregation as reflected in women’s and girls’ educational choices. It is also concerned that the State party has not taken sufficient sustained and systematic action to eliminate stereotypes, in particular those against indigenous and Afro-Colombian women. It is further concerned at the practice of female genital mutilation in some indigenous communities, including the Embera community, as well as at the insufficient measures taken to eliminate this practice, illustrated by its non-prohibition by law. (Para. 13) 

The Committee recommends that the State party: (a) Develop a comprehensive strategy targeted at women, men, girls and boys to overcome patriarchal and gender-based stereotypical attitudes about the roles and responsibilities of women and men in the family and in society, in particular in areas where women are in the most disadvantaged position, such as public and political life and employment; (b) Disseminate the principles of non-discrimination and gender equality, through its cooperation with civil society and women’s organizations, political parties, education professionals, the private sector and the media, to the general public and to specific audiences, such as decision makers, employers and youth, with a view to enhancing a positive and non-stereotypical portrayal of Afro-Colombian and indigenous women; (c) Undertake joint efforts with the indigenous authorities to eliminate female genital mutilation, including by raising awareness of its harmful effects for girls and women and by ensuring the implementation of the decisions taken by the Regional Council of Risaralda with regard to its practice; and prohibit female genital mutilation in the State party’s legislation. (Para. 14)

Violence: The Committee is concerned at the high prevalence of violence against women, in particular domestic and sexual violence, despite the comprehensive legal framework to address violence against women in the State party. It is also concerned at: …(c) The persistent impunity with respect to the investigation, prosecution and punishment of perpetrators of acts of violence against women; and the absence of accurate data disaggregated by sex, age, ethnicity and relationship between the victim and the perpetrator, as well as on the number of prosecutions, convictions and sentences imposed on perpetrators; (d) The pressure put on women victims of violence to be reconciled with the perpetrator during the first stages of the administrative or judicial process, despite the prohibition by law of such a reconciliation procedure (Law Nos. 1257 and 1542). (Para. 15)

The Committee recommends that the State party: (a) Ensure women’s adequate access to the protection and support measures envisaged in Law No. 1257 (2008) by simplifying the procedures for access to them; ensuring consistency and articulation among the different CEDAW/C/COL/CO/7-813-53521 5/14 decrees which constitute the regulatory framework of the Law, enhancing coordination among the institutions responsible for its implementation; and providing these institutions with sufficient human, technical and financial resources to increase their effectiveness in executing their mandate; (b) Prioritize the full implementation of Law No. 1257 (2008) by, among others, ensuring that shelters for women and girls victims of violence are functioning across the country; providing adequate assistance, protection and rehabilitation to women victims of all forms of violence; and complying with its domestic legal obligation to annually report to the Congress on the situation of violence against women; (c) Ensure that the follow-up mechanism of Law No. 1257 (2008) effectively monitors and assesses the implementation of the Law and its regulatory framework and ensure the participation of women’s rights organizations, including indigenous and Afro-Colombian women therein

The Committee further recommends that the State party: (d) Ensure women’s access to justice, including by taking measures to combat impunity, enhancing the capacity of family police stations and providing mandatory training for judges, lawyers and law enforcement officers on the consistent application of the existing legal framework and on human rights, in particular the provisions of the Convention, including the various forms of violence against women and gender stereotypes; (e) Establish a standard system for the regular collection of statistical data on violence against women disaggregated by sex, age, ethnicity, type of violence and the circumstances in which the violence was committed, including the perpetrator and victim and whether they were related to each other; (f) Take effective actions to ensure women victims of violence their right not to be confronted with their perpetrator or to be reconciled with him, in conformity with the relevant legislation. ...However, it expresses its serious concern at the prevalence of sexual violence against women and girls, including rape, by all actors in the armed conflict, including by post-demobilization armed groups. It is concerned at the significant underreporting of cases and at the widespread impunity with respect to the investigation, prosecution and punishment of perpetrators of conflict-related sexual violence against women and girls, which contribute to the victims’ lack of confidence in the State response. (Paras. 16-17)

Trafficking: The Committee is concerned at the delays in the adoption of Law No. 985 (2005) regulatory decree on the protection of and assistance to victims of trafficking. It is also concerned at the lack of information with respect to the extent and causes of the external and internal trafficking of women and girls despite the fact that the State party is a country of origin of external trafficking and despite the existence of internal trafficking, particularly in regions where development mega-projects are being carried out. It reiterates its previous concern (see CEDAW/C/COL/CO/6, para. 20) with respect to the absence of information on the exploitation of prostitution and measures to address it. (Para. 19)

Education: The Committee acknowledges that school dropout rates at all levels are lower for females than for males; however, it is concerned that at higher levels of education, 46.7 per cent of young women do not complete their university education. It is also concerned at the dropout rate of girls due to pregnancies and at the lack of disaggregated data by sex, age and ethnicity related to the field of education. The Committee recommends that the State party: (a) Address female dropout rates from university by, among others, developing programmes to retain women at higher-level education institutions; and encourage young women to choose non-traditional fields of study and professions; (b) Adopt a policy on the readmission to school of pregnant girls and young mothers and develop strategies to retain them in school; (c) Develop protocols for the collection of data disaggregated by sex, age and ethnicity on an annual basis on core indicators, including net/gross enrolment rates, enrolment ratios, attendance and dropout rates and performance. (Paras. 25-26)

Health: The Committee expresses its concern at: The very limited implementation of Constitutional Court ruling C-355 (2006), which guarantees access to legal abortion under the grounds of life or health risks for the mother, rape and serious malformations of the foetus; the public campaigning against its implementation by high authorities of the State party; and the prevalence of invasive and expensive abortion procedures; (b) The high number of unsafe abortions and the refusal by health professionals to provide post-abortion services to women; (c) The high prevalence of teenage pregnancy; (d) The high rate of childbearing women who use sterilization as a family planning method; (e) Cases of forced sterilization of women with disabilities and those living with HIV/AIDS. (Para. 29)

The Committee recommends that the State party: (a) Guarantee women’s access to legal abortion by ensuring compliance with Constitutional Court ruling C-355 (2006), developing monitoring and accountability mechanisms, including sanctions, sensitizing the relevant authorities and professionals on health and sexual and reproductive rights; and expanding the availability of medically safe modern abortion methods; (b) Ensure the provision of post-abortion health-care services for women who have undergone an unsafe abortion; (c) Effectively implement the Policy on the Prevention of Teenage Pregnancies (2012) and ensure universal access to health services and information on sexual and reproductive health and rights and education, particularly of adolescent girls and boys; (d) Take measures to decrease the use of sterilization as a family planning method by conducting awareness-raising campaigns on the use of modern reversible contraceptive methods and ensuring their availability for girls and women of childbearing age; (e) Amend and develop the regulatory framework, as well as guidance provided to medical practitioners, to ensure that sterilization is carried out with the free and informed consent of women, including women with disabilities and those living with HIV/AIDS. (Para. 30)

Marriage: While noting that the legal age of marriage in the State party is set at 18 years for both girls and boys, the Committee is concerned at the exception in the Civil Code of the State party which allows 14-year-old adolescents, both girls and boys, to get married with the consent of their parents or guardians. It takes note that, since 2007, the Constitutional Court has issued rulings which guarantee the rights of same-sex couples in the State party, such as ruling C-577 (2011). However, the Committee notes barriers to its implementation. The Committee recommends that the State party: (a) Guarantee compliance with the minimum age for marriage, set at 18 years for both women and men, and amend its Civil Code so as to ensure that exceptions related to the minimum age of marriage are set at 16 years for both girls and boys upon the authorization of a competent court; (b) Sensitize parliamentarians, public servants and members of the judiciary on the relevant jurisprudence of the Constitutional Court. (Paras. 35-36)

--------------------------------------------

(CEDAW/C/COL/CO/6)

Last reported: 25 January 2007
Concluding Observations published: 2 February 2007

Concerns raised:

• The general climate of violence and insecurity that prevails in Colombia: The Committee expresses concern that the steps taken are not yet sufficient and that the prevailing situation puts women and girls at constant risk of becoming victims of all forms of violence. (Paragraph 10)

  The Committee urges the State party to further intensify its efforts to reduce and eliminate the persistent climate of violence and insecurity in the country in order to create an environment that is conducive to the full implementation of the Convention and women's enjoyment of their human rights. It calls on the State party to take all necessary measures to prevent and eliminate violence against women by any person or organization, as well as violence committed by, or resulting from, actions or omissions by State agents, at all levels. It urges the State party to address the root causes of violence against women and to enhance victims' access to justice and to protection programmes. The Committee requests the State party to put in place effective monitoring mechanisms and to assess regularly the impact of all its strategies and measures taken on the full implementation of the provisions of the
  Convention. (Paragraph 11)

• Vulnerability of displaced women and children: While noting the State party's efforts to support internally displaced women and children, it is concerned that these population groups, especially female heads of household, continue to be disadvantaged and vulnerable in regard to access to health, education, social services, employment and other economic opportunities, as well as at risk of all forms of violence. The Committee is also concerned about the effects of conflict and displacement on family life. (Paragraph 12)

  The Committee urges the State party to increase its efforts to meet the specific needs of internally displaced women and children and to ensure their equal access to health, education, social services and employment and other economic opportunities, as well as security and protection from all forms of violence, including domestic violence. (Paragraph 13)

• Human trafficking in women and girls: While welcoming the State party's integrated approach to combating trafficking in persons, the Committee is concerned about the persistent scope of the problem. The Committee is concerned about the links between drug trafficking, where women are used as "mules", and other forms of trafficking in women and girls, including for sex tourism and the economic exploitation of women and girls in domestic work. It is concerned at the insufficient information provided about the incidence of internal trafficking. The Committee regrets that insufficient data and information was provided on the exploitation of prostitution and on the effectiveness of measures to address it. (Paragraph 20)

  The Committee urges the State party to intensify its efforts to combat all forms of trafficking in women and girls. It calls on the State party to fully assess the scope of trafficking in women and girls, including internal trafficking, and systematically compile and analyse data and information with a view to identifying more effective methods to prevent this phenomenon. It
  also recommends that the State party enhance its nationwide awareness-raising campaigns on the risks and consequences of becoming involved in drug trafficking, targeting, in particular, women and girls at risk, including those living in rural areas, and to enhance alternative economic opportunities for them. It urges the State party to take measures for the recovery, support and social reintegration of women and girls who are victims of trafficking. It encourages the State party to intensify training of law enforcement, migration and border control officials and to enhance its regional and international cooperation, in particular with countries of destination, in order to effectively combat trafficking. It urges the State party to analyse and monitor the impact of measures taken and provide information about the results achieved in its next periodic report. The Committee also requests the State party to provide in its next report statistical data and analysis on the exploitation of prostitution and the effectiveness of measures taken to address it. (Paragraph 21)

• High rate of maternal mortality, especially among poor, rural and indigenous and Afro-descendent women: While noting the steps taken by the State party to enhance women's health, including sexual and reproductive health, such as the establishment of the Sexual and Reproductive Health Policy and decision C-355 of May 2006 of the Constitutional Court, which decriminalised abortion in cases where the pregnancy represents a risk to the life or health of the mother, in cases of serious malformation of the foetus or in cases of rape, the Committee expresses its concern about the high rate of maternal mortality, especially among poor, rural and indigenous and afrodescendent women. The Committee is particularly concerned at the high number of illegal and unsafe abortions and related maternal mortality. It is also concerned that, in practice, women may not have access to legal abortion services, or to guaranteed care for the management of complications arising from illegal and unsafe abortions. (Paragraph 22)

  The Committee encourages the State party to continue its efforts to enhance women's access to health care, in particular to sexual and reproductive health services, in accordance with article 12 of the Convention and the Committee's general recommendation 24 on women and health. It requests the State party to strengthen measures aimed at the prevention of unwanted pregnancies, including by increasing knowledge and awareness about, as well as access to, a range of contraceptives, family planning services for women and girls, and to take measures to ensure that women do not seek unsafe medical procedures, such as illegal abortion, because of lack, or inaccessibility, of appropriate family planning and contraceptive services. The Committee recommends that the State party give priority attention to the situation of adolescents and rural, indigenous and afrodescendent women, and that it provide appropriate sex education with special attention to the prevention of pregnancies and sexually transmitted diseases, including as part of the regular education curriculum. It urges the State party to ensure that women seeking legal abortions have access to them, including by clarifying the responsibilities of public health service providers. The Committee recommends that the State party take steps to ensure that the regulatory framework and guidelines in place governing access to quality services for the provision of legal abortion services, and for the management of complications arising from illegal and unsafe abortions are applied in practice and that medical and health-care professionals receive adequate training and sensitisation on their obligations, so as to reduce women's maternal mortality rates. (Paragraph 23)

• Gender inequality: While noting the efforts made to eliminate stereotypes in the educational system, including through the Gender and Diversity Education Programme, the Committee is concerned that the impact of such measures is not being adequately monitored. It is further concerned about the absence of studies or research and by the lack of analysis of the social impact and consequences of the persistence of gender-role stereotypes for the promotion of gender equality. (Paragraph 24)

  The Committee recommends that the State party continue its efforts to address stereotypes that perpetuate direct and indirect discrimination against women. It encourages the State party to study and analyse systematically the impact of prevailing gender-role stereotypes for the promotion of gender equality. It encourages the State party to strengthen educational measures and to develop a more comprehensive and wide ranging strategy across all sectors to eliminate stereotypes, working with a broad range of stakeholders, including women's and other civil society organisations, the media and the private sector in order to achieve progress in this area. It calls on the State party to monitor the impact of measures taken and to provide the results achieved in its next periodic report. (Paragraph 25)

  While noting measures taken to improve the situation of rural women and girls, the Committee is concerned about the persistent high levels of poverty among women living in rural areas and their persistent vulnerability to armed conflict. Rural women's disadvantaged situation is reflected in their high illiteracy rates, low school enrolment and completion rates and poor access to health care, including sexual and reproductive health. The Committee is concerned that the scope of current policies and programmes for rural areas remains limited, that the strategy for rural development is not comprehensive in nature and that it does not adequately address the structural nature of the problems rural women continue to face. (Paragraph 30)

  The Committee urges the State party to ensure that all rural development policies and programmes integrate a gender perspective and explicitly address the structural nature and various dimensions of poverty faced by women. It recommends that the State party strengthen its efforts to implement comprehensive nationwide health and educational programmes, including programmes in the areas of functional literacy, enterprise development, skills training and microfinance, as a means of poverty alleviation. It also encourages the State party to ensure that the situation of rural women is taken into account in efforts to eliminate women's vulnerability to violence, including as a result of armed conflict.
  (Paragraph 31)

_____________________________________________

UN Committee on the Elimination of Racial Discrimination

(CERD/C/COL/CO/14)

Last reported: 12 and 13 of August 2009
Concluding Observations adopted: 26 August 2009

Concerns raised:

• Vulnerability of children within the displaced population: The Committee is concerned over information provided by the State party indicating continued large numbers of massive and individual displacements and the disproportionately high and increasing numbers of Afro-Colombians and indigenous peoples among the displaced and over reports that assistance may be denied due to restrictive interpretations of the applicable standards. The Committee is especially concerned that humanitarian assistance and protection measures for the displaced remain inadequate and that compliance with the Constitutional Court decision T-025 of 2004 has been insufficient and unduly delayed. The Committee is concerned that women and children of Afro-Colombian and indigenous communities are particularly vulnerable among the displaced population and lack effective and differentiated assistance and protection.

  The Committee recommends that the State party, as a matter of priority, allocate additional human and financial resources in order to comply with the Constitutional Court decision T-025 of 2004 and the follow-up orders (Auto 092 of 2008, Autos 004 and 005 of 2009). While recognising efforts by the State party, such as the adoption of a National Plan of Assistance for the Displaced (Decreto 250 de 2005) with differentiated assistance measures, the Committee recommends that the State party intensify these efforts to ensure the practical implementation of the Plan, and that it pay particular attention to the rights of Afro-Colombian and indigenous women and children. The Committee recommends that the State party focus on ensuring that national policies are sufficiently funded and carried out at departmental and municipal level and that safe return for the displaced to their original lands is facilitated. (Paragraph 16)

• Health indicators of Afro-Colombian and indigenous peoples: While recognising efforts by the State party to provide culturally sensitive health care coverage for indigenous peoples, the Committee is concerned that life expectancy and health indicators and are considerably lower for Afro-Colombians and indigenous peoples, while maternal and infant mortality as well as chronic malnutrition rates are significantly higher, compared to the mestizo population. The Committee is concerned over the lack of adequate and accessible health services among these communities and over insufficient data on health indicators and on related policy measures to improve them.

  The Committee recommends that the State party, in close consultation with the affected communities, devise a comprehensive strategy to guarantee that Afro-Colombians and indigenous peoples are provided with quality health care. The implementation of such a strategy should be ensured by adequate resource allocations, active participation of departmental and municipal authorities, collection of indicators and transparent progress monitoring. Particular attention should be paid to improving access to health care for Afro-Colombian women and children. The Committee underlines the importance that targeted measures to improve the standard of living, including improved access to clean water and sewage systems, be linked to health indicators. (Paragraph 22)

• High illiteracy rates amongst Afro-Colombian and indigenous children: The Committee, while noting efforts to provide a culturally sensitive education policy (etnoeducación) for Afro-Colombian and indigenous children, remains concerned that the State party does still not provide free primary education and that illiteracy rates remain significantly higher among Afro-Colombian and indigenous children.

  The Committee reiterates the recommendations of the Committee on the Rights of the Child of 2006 (CRC/C/COL/CO/3, paras. 77 and 95) and recommends that the State party strengthen its education policy (etnoeducación) and guarantee both in law and practice that Afro-Colombian and indigenous children are provided with free primary education. Strategies should be devised in close consultation with the affected communities, receive adequate resource allocations and involve departmental and municipal authorities. Gender perspectives should be duly considered in such educational policies. (Paragraph 23)

-----------------------------------

UN Committee on the Elimination of Racial Discrimination: Early warning

Last reported: August 2010

No mention of children's rights.

_____________________________________________

UN Committee on Migrant Workers
(CMW/C/COL/CO/2)

Last Reported: 15 and 16 April 2013                                                             Concluding Observations issued: 27 May 2013

Issues raised and recommendations given:

Asylum seekers: The Committee takes note that the Special Administrative Unit for Migration of Colombia is the State party’s oversight agency for migration-related matters. It is concerned, however, by the lack of detailed information on the migration status checks conducted by the Unit’s staff and on the procedures and criteria used on the ground to differentiate between migrants in transit or in an irregular situation and asylum seekers. It is also concerned by the lack of information on the types of facilities in which migrant workers and members of their families are held and the conditions in those facilities (particularly in temporary holding centres). The Committee recommends that the State party take the necessary steps to ensure that migration status checks are conducted in a way that does not violate the rights of the persons concerned, particularly the right to integrity of the person. The Committee also recommends that the State party ensure that the procedures used when detaining migrant workers and members of their families who are in an irregular situation, including those who are in transit, are in accordance with articles 16 and 17 of the Convention. The Committee invites the State party to make sure that conditions in temporary migrant holding centres meet international standards. (Paras. 22-23)

Trafficking: The Committee takes note of the State party’s untiring efforts to combat the crime of human trafficking. Nevertheless, the Committee reiterates its concern about the fact that the State party is one of the main countries of origin of victims of trafficking, especially women and girls. It is also concerned about the lengthy delay in the adoption of the implementing regulations for Act No. 985 of 2005, on the prevention of trafficking in persons and on victim assistance and protection, and about the lack of information on the mechanisms in place for the protection of victims. (Para. 38)

The Committee recommends that the State party continue its efforts to combat trafficking in persons, in particular by: (a) Adopting the implementing regulations for Act No. 985 of 2005 in order to ensure its application; (b) Providing on-going training throughout the country on the problem of trafficking to government employees, particularly police officers, the staff of the Special Administrative Unit for Migration, criminal court judges and officers, tax officials, labour inspectors, teachers and health-care professionals, and diplomats and other staff members in Colombian embassies and consulates; (c) Collecting disaggregated data on a systematic basis with a view to combating trafficking in persons more effectively; (d) Adopting measures to ensure that human traffickers, including traffickers who are government officials, are tried and are given appropriate sentences; (e) Stepping up campaigns to prevent trafficking in persons; (f) Developing effective mechanisms for identifying and protecting victims of trafficking; (g) Drawing up a strategy for ensuring respect for the rights of victims of trafficking, preventing their secondary victimization and helping them to develop individual plans for moving forward that take into account the physical, psychological and social impact of trafficking on its victims; (h) Stepping up international, regional and bilateral cooperation through agreements on the prevention of trafficking in persons with countries of origin, transit and destination. (Para. 39)
---------------------------------------------

(CMW/C/COL/CO/1)

Last reported: 21 and 22 April 2009
Concluding Observations adopted: 29 and 30 April 2009

The Committee notes that, while Colombia is mainly a country of origin of migrant workers, it had a number of migrant workers staying in its territory, or in transit. (Paragraph 3).

Concerns raised:

• Statistics on migrant women, unaccompanied migrant children and children of migrant workers who remain behind in the country, and frontier and seasonal workers: The Committee recalls that information on migration flows, including immigration and transit flows, is essential to an understanding of the situation of migrant workers in the State party and to an assessment of the actual implementation of the Convention. The Committee has not received any information from the State party on the different categories of migrants that are relevant for assessing the actual implementation of the Convention, in particular with respect to migrants in transit, migrant women, unaccompanied migrant children and children of migrant workers who remain behind in the country of origin, and frontier and seasonal workers.

  The Committee recommends that the State party:

  (a) Continue its efforts to create a database that takes into account all aspects of the Convention and includes detailed data on the situation of migrant workers in Colombia, migrants in transit and emigrants;

  (b) Include in this database data and statistics on migrant women, unaccompanied migrant children and children of migrant workers who remain behind in the country, and frontier and seasonal workers. When it is impossible to obtain precise information, for example on migrant workers in an irregular situation, the Committee would appreciate data based on studies or on approximate estimates;

  (c) Carry out studies on the impact of migration on children, including children of Colombian migrants who remain in the country;

  (d) Provide detailed information to the Committee on the situation of Colombian female migrant workers abroad. (Paragraph 15)

• Status of stateless persons/ children: The Committee notes with concern that, even though the children of all migrant workers, including those without documentation, may be registered with the Civil Registry, only children having at least one parent domiciled in Colombia are eligible for Colombian nationality. The Committee is particularly concerned about children who may become stateless. In this connection, the Committee welcomes the fact that the State party is in the process of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (Paragraph 29)

  The Committee recommends that the State party, in accordance with article 29 of the Convention, should ensure, both in law and in practice, the right of all children to have a name, to registration of their birth and to a nationality. The Committee urges the State party to complete as soon as possible the process of accession to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.. (Paragraph 30)

• Combat trafficking in persons, especially women and children, and the smuggling of migrant workers: The Committee welcomes the implementation of information campaigns in an effort to mitigate the lack of information on migration and to prevent Colombian migrants from becoming ensnared in networks engaged in human smuggling and trafficking. It also welcomes, inter alia, the steps taken to provide more resources for aiding victims and for pursuing the criminal groups that organise these illicit activities. The Committee is concerned, however, that the State party continues to be a major country of origin of victims of trafficking, especially women and girls trafficked for commercial, sexual and labour exploitation. (Paragraph 35)

  The Committee recommends that the State party continue and redouble its efforts to combat trafficking in persons, especially women and children, and the smuggling of migrant workers, in particular by adopting measures:

  (a) To combat the dissemination of false information regarding emigration and immigration;

  (b) To detect and put a stop to the illegal or clandestine movement of migrant workers and their family members and to impose effective sanctions on individuals, groups or entities that organise or direct such movements or provide assistance to that end;

  (c) To impose effective sanctions on individuals, groups or entities that use violence, threats or intimidation against any migrant workers or their family members;

  (d) To ensure consular protection for victims of trafficking abroad;

  (e) To step up campaigns for the prevention of irregular migration, including human trafficking.

  (Paragraph 36)

_____________________________________________

UN Committee on the Rights of Persons with Disabilities       

CRPD/C/COL/CO/1

Adopted by Commmittee: 31 August 2016

Published: 30 September 2016

Issues Raised:

Children with Disabilities:

The Committee is concerned about the limited information available on the situation of children with disabilities, mainly those who have been institutionalized or who are living in poverty or in rural or remote areas, and about the steps taken to protect their rights and facilitate their remaining with or return to their families or foster families. It is also concerned about the lack of a ban on corporal punishment of children with disabilities (para.6).

The Committee urges the State party to more systematically gather data on children with disabilities and to take steps to prevent their abandonment, abuse and institutionalization. It encourages the State party to adopt a plan on the deinstitutionalization of children with disabilities, including those who are institutionalized on the basis of protection measures ordered by the Colombian Family Welfare Institute, and to provide community-based services and support to families, especially households headed by single mothers, in order to ensure the right of children with disabilities to grow up in a family environment and the right to have a family life. The Committee recommends that the State party repeal the provision in the Civil Code that authorizes adult childminders to correct and discipline children moderately and that it ban corporal punishment in any environment, including within the family and within indigenous and remote communities (para.7).

Integrity of the Person:

The Committee is concerned that the sterilization children with cognitive and psychosocial disabilities. (para. 46).

The Committee recommends immediately reviewing the decisions of the Constitutional Court, with a view to maintaining the prohibition, without exception, of sterilization of persons with disabilities, particularly children, without their free and informed consent, and taking measures, including the training of judges and prosecutors, with the involvement of organizations of persons with disabilities, on the rights of persons with disabilities and the international obligations of the State party, mainly those relating to non-discrimination on grounds of disability and the personal integrity of children with disabilities. (para.47).

Respect of Family Life:

The Committee recommends that the State party take steps to explicitly prohibit by law the placement of children outside their families on the basis of disability and to ensure that community support mechanisms are available to parents with disabilities. (para. 53).

Education:

The Committee is concerned at the low levels of enrolment of persons with disabilities at all levels of education, and the prevalence of publicly funded “special classrooms” located within mainstream schools. The Committee expresses its concern that discrimination on the basis of disability is one of the main reasons that persons with disabilities are turned away by mainstream schools, particularly in municipalities and local administrations, and that that rejection impacts on families’ access to means-tested poverty-reduction programmes. It is also concerned about the lack of teaching and reading materials in accessible formats and modes of communication (para.54).

In line with the Committee’s general comment No. 4 (2016) on the right to inclusive education, the Committee recommends that the State party take the necessary legal and administrative measures to prohibit and punish discrimination on grounds of disability in the education system, including by municipalities and other local community authorities. In particular, it recommends that the State party: Adopt a national plan to transform the system into one that provides inclusive and quality education for all persons with disabilities, at all levels, and prohibits discrimination on grounds of disability; Guarantee the observance of the right to inclusive education through the adoption of a policy of non-rejection at public and private schools, and redouble efforts to enrol all persons with disabilities, especially those who require more intensive support, in rural and remote areas; Ensure the accessibility of environments, provide reasonable accommodation, and furnish pedagogical materials and techniques that are accessible to students with disabilities, including in Braille and Colombian sign language; Make inclusive education and the rights of persons with disabilities key components of teacher training from the outset and compulsory in the training of instructors before and during the exercise of their functions; Be guided by article 24 of the Convention in pursuing targets 4.1, 4.5 and 4.a of the Sustainable Development Goals (para.55).

Social Protection and Standard of Living:

The Committee notes that the majority of persons with disabilities in situations of poverty and extreme poverty, particularly those who are women, children or older persons, Afro-Colombian, Raizal or indigenous, or living in rural or remote areas, do not receive assistance or benefit from social protection programmes on the basis of disability that address their disability and related additional costs, despite being at greater risk of poverty, exclusion and violations of their rights. It is also concerned about the absence of a disability perspective in the policy on free or social housing, particularly the limited access of persons with disabilities in these programmes and their lack of accessibility (para. 62).

The Committee recommends that the State party: Incorporate a disability perspective on a priority basis in poverty reduction and social inclusion strategies; Eliminate the interdiction requirements to benefit from social protection measures and strengthen programmes of social protection and assistance, with a gender, ethnicity and age perspective, to cover the additional costs incurred as a result of disability in acquiring goods and services and, in particular, that it provide for the revision of the interpretations made in relevant rulings of the Constitutional Court and the practices of retirement and pension funds in order to guarantee the inclusiveness of such programmes; Give priority to persons with disabilities, particularly women and persons belonging to ethnic or racial minorities and victims of armed conflict, by including accessibility as part of social housing policy; Be guided by article 28 of the Convention in pursuing target 10.2 of the Sustainable Development Goals (para. 63).

_____________________________________________

UN Committee on Enforced Disappearance

CED/C/COL/CO/1

Concluding observations published: 27 October 2016

Last reported: 26 January 2015

Positive developments: The Committee welcomes the establishment of the National Centre for Historical Memory (Act No. 1448 of 2011, art. 146) and, in particular, the Centre’s activities in connection with enforced disappearance, as it considers that these activities contribute to the realization of the rights to the truth and to reparation for the victims of enforced disappearance. The Committee recommends that the State party continue to take account of the programmes, reports and recommendations of the National Centre for Historical Memory in connection with enforced disappearances and continue to support the Centre’s work, in particular by ensuring that it has sufficient resources to carry out its mandate effectively (paras 33, 34).

Protection of children from enforced disappearance: While acknowledging the criminal provisions on kidnapping contained in the State party’s legislation, the Committee notes with concern that existing laws do not specifically penalize the acts relating to the wrongful removal of children referred to in article 25 (1) (a) of the Convention. It is also concerned that there are 2,250 minors registered in the National Missing Persons Register as presumed victims of enforced disappearance and that 47 of such children, from among those still missing, were under 4 years of age at the time of their disappearance and would therefore have been particularly vulnerable to identity substitution. The Committee recommends that the State party adopt the necessary legislative measures to incorporate as specific offences the acts described in article 25 (1) (a) of the Convention and that it establish appropriate penalties that take into account the extreme seriousness of the offences. It also recommends that the State party intensify its efforts to search for and identify disappeared children and ensure that they are returned to their families of origin if they have been victims of identity substitution (paras 39, 40).

Further recommendations: The Committee also wishes to emphasize the particularly cruel effect of enforced disappearance on the human rights of women and children. Women who are subjected to enforced disappearance are particularly vulnerable to sexual and other forms of gender-based violence. Women who are relatives of a disappeared person are particularly likely to suffer serious social and economic disadvantages and to be subjected to violence, persecution and reprisal as a result of their efforts to locate their loved ones. Children who are victims of enforced disappearance, either because they themselves were subjected to disappearance or because they suffer the consequences of the disappearance of their relatives, are especially vulnerable to numerous human rights violations, including identity substitution. In this context, the Committee places special emphasis on the need for the State party to ensure that gender perspectives and child-sensitive approaches continue to be used in implementing the rights and obligations arising from the Convention (para 42).