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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ------------------------------------------- UN Committee on the Elimination of Discrimination against Women Last reported: 10 October 2012 The Committee expresses its deep concern at the results of the national qualitative study (2006) according to which one third of Comorian women are victims of violence either by their husbands or male relatives of their in-laws. It is deeply concerned that the majority of rape cases are settled “amicably.” It regrets that violence against women is considered a taboo and therefore a culture of silence prevails in the State party. It is concerned at the absence of accurate and updated data on cases of gender-based violence reported, as well as at the lack of information on the number of investigations, prosecutions and punishment of perpetrators of violence against women, including domestic and sexual violence. It is also concerned about the absence of information with respect to the availability of social support services, including shelters for victims and about the mandate of the Observatory on gender-based violence. Para 23. 24. Recalling its general recommendation No. 19 (1992) on violence against women, the Committee urges the State party to continue and strengthen its collaboration with the United Nations agencies and development partners in order to: (a) Elaborate and adopt a comprehensive law on violence against women, which recognizes that such violence is a form of discrimination against women and therefore constitutes a violation of their human rights under the Convention, and ensure that the legislation criminalizes all forms of violence against women, including rape; (b) Develop a national strategic action plan for the prevention of all forms of violence against women, protection of victims and punishment of perpetrators and ensure its full implementation; (c) Conduct awareness-raising campaigns to encourage reporting of domestic and sexual violence against women and girls and ensure that all such reports are effectively investigated and that perpetrators are prosecuted and punished adequately; (d) Provide systematic training on women’s rights and on combating violence against women, including domestic and sexual violence, for judges, prosecutors, lawyers and police officers as well as for health professionals; (e) Ensure that there is an adequate number of shelter facilities and that together with established counselling centres for women victims of violence, there is a provision of adequate assistance and protection to victims, in particular psychosocial rehabilitation at the national and island level; (f) Collect comprehensive statistical data on violence against women, disaggregated by sex, age and relationship between the victim and perpetrators; (g) Provide detailed information about the mandate and activities of the Observatory on gender-based violence. Universal Periodic Review – 2009 A - 29. Establish systematic registration of all newborn children and adopt further measures, including awareness-raising campaigns, to fight child labour and violence against children (Czech Republic); ------------------------------------------- Committee on the Rights of the Child (Concluding Observations - 2000) The Committee expresses its concern at the limited measures taken for children in conflict with the law. In particular, it is concerned at the detention of children in prisons with adults since there are no separate facilities for them, the deteriorating living conditions in detention centres and the lack of rehabilitation programmes. Para 52. 53. The Committee recommends that the State party take effective measures to ensure that the juvenile justice system is in full conformity in practice, as well as in the legislation, with the provisions of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in this field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The Committee encourages the State party to consider seeking technical assistance in this regard from, inter alia, the member organizations of the Coordination Panel on Technical Advice and Assistance in Juvenile Justice, including the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF. UN Committee on the Elimination of Discrimination against Women Last reported: 10 October 2012 Child custody: The Committee notes the coexistence of the three systems of law (civil, Islamic and customary) regulating marriage and family relations in the State party, however, it is concerned that this situation results in the deep and persistent discrimination against women on issues such as the right to freely choose a spouse, child custody, division of property acquired during the marriage and inheritance. It is particularly concerned at the lack of information with respect to measures taken to abolish de jure and de facto polygamy, which is permitted by the Family Code. It is concerned that women requesting no-fault divorce are required to pay compensation (khol) to their husbands, while the same is not required from men. It is also concerned that the separate property regime in place and the infrequent payment of alimonies, leave divorced women in a disadvantageous position since they are often left alone with the responsibility to bring up their children. Para 39. 40. The Committee calls upon the State party to ensure equality between women and men in marriage and family relations by: (a) Carrying out a comprehensive review process of its legal system and repeal existing discriminatory provisions against women within civil, Islamic and customary laws so as to guarantee that these bodies of law are harmonized with the Convention, and set up a clear time frame for the completion of such review process; (b) Abolishing polygamy in accordance with the Committee’s general recommendation No. 21 (1994) on equality in marriage and family relations. Universal Periodic Review – 2009 A - 36. Give particular attention to train judges and police officers and improve care structures for children, with a view to improve its system of protection of children and justice for minors, and with this objective request support from the international community in general and technical assistance from OHCHR in particular (Algeria); ------------------------------------------- Committee on the Rights of the Child (Concluding Observations - 2000) 33. The Committee expresses its concern at the State party's high infant and maternal mortality rates, the large number of births taking place outside the hospital system and the high rate of malnutrition among children. Concern is expressed at children's limited access to the health services, especially with regard to the shortage of medication and technical equipment, and of medical and public health personnel. The spread of the HIV/AIDS epidemic and its direct and indirect effects on children, as well as the general lack of attention to the health problems of adolescents, are also matters of concern. 34. The Committee encourages the State party to increase its efforts in the health sector, including through the strengthening of data collection and disease surveillance mechanisms, the allocation of adequate resources and the reinforcement of training and support for health sector staff. It recommends that the State party ensure equitable access to existing health-care services and that it make every effort to increase vaccination coverage. The Committee urges the State party to adopt, in cooperation with international agencies, effective plans to combat childhood and maternal mortality, such as the WHO/UNICEF Integrated Management of Childhood Illness scheme. 35. The Committee recommends that the State party continue taking effective measures for the prevention of HIV/AIDS, including awareness raising and educational campaigns. The Committee further recommends that the State party take into consideration the Committee's recommendations adopted on its Day of General Discussion on "Children living in a world with HIV/AIDS" (CRC/C/80, para. 243). International technical assistance from, inter alia, UNICEF, WHO and UNAIDS, should continue to be requested in this regard. 36. The Committee also recommends that the State party study and effectively address the health problems of adolescents, in particular in the area of reproductive health education and the prevention of teenage pregnancies UN Committee on the Elimination of Discrimination against Women Last reported: 10 October 2012 The Committee takes note of the National Health Policy and its implementation plan. It is concerned, however, that according to the Health Code of the State party, health-care services provided by public health facilities are not free of charge. The Committee is also concerned that a large number of women do not have access to health-care services because of poverty and lack of financial resources available to them. It expresses its concern at the high maternal mortality rate (380/100,000), despite policies and programmes in place to reduce it, and at the lack of detailed information about programmes in place to ensure effective pre-and postnatal care and access to family planning and contraceptives for women. It notes the low prevalence of HIV/AIDS in the State party, including among pregnant women, but regrets the lack of information with respect to the status of the bill on the protection of persons living with HIV/AIDS and the Multisectoral HIV strategic plan. Para 33. 34. The Committee recommends that the State party: (a) Take all necessary measures to improve women’s access to health care including reproductive health care and related services within the framework of the Committee’s general recommendation No. 24 (1999) on women and health, by ensuring women’s free health care and access to the cooperative health insurance scheme in place; (b) Strengthen the measures in place to reduce the incidents of maternal mortality, and to provide training to medical and health professionals in order to ensure that women are assisted and treated by trained health-care personnel, especially in rural areas; (c) Strengthen and expand efforts to increase knowledge of and access to affordable contraceptive methods throughout the country and ensure that women and girls, especially in rural areas, do not face barriers to accessing family planning information and services; (d) Expedite the adoption of the bill on the protection of persons living with HIV/AIDS, and provide detailed information in its next periodic report on the implementation of the Multisectoral HIV/AIDS strategic plan and results achieved. UPR - 2009 A - 50. Request assistance from the United Nations specialized agencies, specifically the World Health Organization, to provide financial and technical support as necessary to consolidate measures for the reduction of maternal and child mortality and improve children’s access to health care (Morocco); ------------------------------------------- Committee on the Rights of the Child (Concluding Observations - 2000) 43. The Committee expresses its concern that school enrolment ratios are low and equal access to education is not ensured; at the high level of illiteracy in the country and at gender disparities in school attendance and high drop out rates. The Committee is also concerned that the education system is affected by a general lack of facilities and equipment, insufficient qualified teachers, and a drastic shortage of text books and other learning materials. 44. The Committee recommends that the State party continue its efforts to promote and facilitate school attendance, particularly among girls. In the light of article 28 of the Convention, the Committee recommends that the State party take effective measures to ensure that primary education is available to all, to improve the quality of teaching and to reduce drop-out rates. The Committee encourages the State party to seek to strengthen its educational system, if necessary by seeking further international assistance, from inter alia, UNICEF and UNESCO. UN Committee on the Elimination of Discrimination against Women Last reported: 10 October 2012 The Committee acknowledges the implementation of the Education and Training Policy Framework (2005-2009) in the State party. However, it is concerned at the high illiteracy rate of women (64.8 -per cent) in the age group of 15-24 years. It is concerned that 55 per cent of the total children between 6 and 14 years who are out of school are girls as well as at the lack of alternative ways to accommodate these girls in the education system. It is further concerned about the gender disparity in primary and secondary school and about the alarming and consistent dropout rates of girls in secondary school. It is also concerned at the lack of information about the causes, which impede adolescent girls’ access to education such as negative gender stereotypes, sexual harassment at school, teenage pregnancies and early marriages. Para 29. 30. The Committee urges the State party to enhance its compliance with article 10 of the Convention and raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To that end, it urges the State party to: (a) Take measures to expand capacity, particularly for the 6 to 14-years-old age cohort; (b) Identify and implement measures to reduce the gender disparity in primary and secondary school, in particular to prevent dropouts among adolescent girls as well as alternative measures to accommodate girls between 6 and 14 years in the school system; (c) Address causes of the high dropout rates of adolescent girls from school such as gender stereotypes, poverty and sexual harassment in school, teenage pregnancies and early marriages; (d) Revise the school curriculum in order to eliminate stereotypes which impede girls’ wide curriculum options and career paths; (e) Improve the literacy rate of women through the adoption of comprehensive programmes for formal and non-formal education and training. Universal Periodic Review – 2009 A - 17. Develop a national strategy to guarantee better access to education to all children and include in the school system at all levels appropriate measures in the field of human rights education, in accordance with the Plan of Action 2005-2009 of the World Programme for Human Rights Education (Italy); A - 47. Continue efforts to promote school attendance of children and to fight illiteracy through specific programmes for the most vulnerable population, especially in rural areas (Morocco); ------------------------------------------- Discrimination against children with disabilities Committee on the Rights of the Child (Concluding Observations - 2000) 37. Concern is expressed at the situation of children with disabilities who are marginalized and discriminated against. The Committee expresses its concern regarding the lack of legal protection, programmes, facilities and services for children with disabilities, aimed at facilitating their development and full integration in society. 38. In the light of article 23 of the Convention, of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee's recommendations adopted at its Day of General Discussion on "The rights of children with disabilities" (CRC/C/69, para. 338), the Committee recommends that the State party establish special education programmes for children with disabilities and actively seek their inclusion in society. The Committee further recommends that the State party conduct an assessment of the number of children with disabilities, the type of disabilities and the needs of children with disabilities with regard to rehabilitative and other forms of care. The Committee encourages the State party to seek technical assistance, including for the training of professional staff working with and for children with disabilities, from, inter alia, UNICEF and WHO. Universal Periodic Review – 2009 A - 28. Do more to ensure that children with disabilities are fully integrated into society (United Kingdom); ------------------------------------------- Corporal punishment in the family setting Committee on the Rights of the Child (Concluding Observations - 2000) 31. Concern is expressed at the insufficient awareness regarding the harmful consequences of ill-treatment and abuse of children, including sexual abuse, both within and outside the family. While aware that the draft family code aims at the protection of the dignity of the child, the Committee is concerned that the practice of corporal punishment in the home is socially and legally accepted, particularly for boys. The practice of corporal punishment in Koranic schools is also a matter of concern. 32. The Committee recommends that the State party take effective measures, to prevent and combat child abuse and ill-treatment of children within the family, at school and in other institutions, and in society at large. Furthermore, educational programmes should be established to combat traditional attitudes in society regarding this issue. In particular, the Committee recommends that the State party include in its legislation a specific prohibition on the use of corporal punishment within the family and at school. The Committee encourages the State party to consider seeking to this effect international cooperation from, inter alia, UNICEF and international non-governmental organizations. UPR 2006 A - 31. Consider enacting legislation which prohibits the use of corporal punishment on children within the family and at school and promotes alternative forms of discipline (Brazil); take concrete measures by law to prevent and combat child abuse and ill-treatment of children within the family, at school, in other institutions and in society at large and to officially prohibit by law the use of corporal punishment within the family and at school (Germany); ------------------------------------------- Committee on the Rights of the Child (Concluding Observations - 2000) 48. The Committee expresses its concern at the allegedly growing number of children involved in labour activities, including in the informal sector, in agriculture and in the family context, and at lax law enforcement. 49. The Committee urges the State party to make urgent efforts to monitor and address the use of child labour. It recommends that the State party improve its monitoring mechanisms to ensure the enforcement of existing labour laws and protect children from economic exploitation. The Committee encourages the State party to ratify ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour and ILO Convention No. 138 concerning the Minimum Age for Admission to Employment, and to seek international cooperation including, for example, through the ILO International Programme on the Elimination of Child Labour (IPEC). Universal Periodic Review – 2009 A - 33. Take all necessary and appropriate measures to eradicate all forms of child labour, in accordance with international legal standards, and to protect children from economic exploitation (Italy); ------------------------------------------- Limitations in the birth registration system Committee on the Rights of the Child (Concluding Observations - 2000) 27. The Committee is concerned at the limitations in the State party's birth registration system, which prevent an accurate statement of the identity or age of a child and can make it very difficult for the protection afforded to children by domestic legislation or by the Convention to be enforced. 28. In the light of article 7 of the Convention, the Committee recommends that the State party establish as quickly as possible the practice of systematic birth registration for all children born within the national territory. The Committee further urges the State party to proceed with the registration of those children who have not been registered. In addition, the Committee encourages the State party to ensure that birth registration procedures are widely known and understood by the population at large. Universal Periodic Review – 2009 A - 29. Establish systematic registration of all newborn children and adopt further measures, including awareness-raising campaigns, to fight child labour and violence against children (Czech Republic);
Concluding Observations issued: 8 November 2012
Concluding Observations issued: 8 November 2012
Concluding Observations issued: 8 November 2012
Concluding Observations issued: 8 November 2012