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Summary: This report extracts mentions of children's rights issues in the Concluding Observations 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 on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- 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
Not yet signed or ratified.
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UN Committee on Economic, Social and Cultural Rights
Not yet signed or ratified.
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UN Committee on the Elimination of Racial Discrimination
Not yet signed or ratified.
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/COK/CO/1)
Concluding Observations published: 10 August 2007
Violence against women and girls: The Committee is concerned about the persistence of violence against women and the lack of information about its extent and prevalence. It is also concerned that the Crimes Act 1969 is outdated, does not recognise marital rape, and lacks a comprehensive legal framework to deal with all forms of violence against women, and that judicial recourse for victims, enforcement measures, victim services and protection are insufficient. It is concerned that protection orders may not always be available after normal working hours of judicial officers and that under current civil protections, they are not available to all victims of domestic violence, which has serious implications for the personal security of victims. The Committee expresses concern about the inadequacy of response of law enforcement personnel and the legal system to cases of violence against women. The Committee is also concerned about the persistence of discrimination against women as a root cause of such violence.
The Committee urges the Cook Islands to give priority attention to the design and implementation of a comprehensive strategy to address all forms of violence against women, in conformity with general recommendation 19, and to prevent such violence, punish offenders and provide services for victims. The Committee calls upon the Cook Islands to enact without delay the proposed Sexual Offences Bill and to amend as necessary other laws, such as the Crimes Act 1969, to encompass all forms of violence against women, including marital rape, and to fully enforce legislation and ensure that perpetrators are prosecuted and punished. The Committee also draws attention to the SecretaryGeneral’s in-depth study on all forms of violence against women (A/61/122 and Add.1 and Add.1/Corr.1). It requests the Cook Islands to take steps to raise public awareness, including through media and education programmes, that all forms of violence against women, including sexual harassment, domestic violence and marital rape, are a form of discrimination under the Convention and unacceptable. The Committee calls upon the Cook Islands to ensure that women and girls who are victims of violence have access to immediate and effective means of redress and protection, and requests the Cook Islands to remove impediments women face in gaining access to justice, and provide legal aid to all victims of violence. The Committee recommends the implementation of training for the judiciary and public officials, in particular law enforcement personnel, and health-service providers, in order to ensure that they are sensitised to all forms of violence against women and can provide adequate support to victims. It further calls upon the Cook Islands to enhance its data- collection efforts and establish a monitoring and evaluation mechanism so as to regularly assess the impact and effectiveness of measures taken aimed at preventing and redressing violence against women. It invites the Cook Islands to seek international assistance in its efforts to put in place such a comprehensive response. (Paragraphs 24 and 25)
Trafficking and sexual exploitation of women and girls: The Committee is concerned about the exploitation of prostitution in the Cook Islands and the lack of information about the links between the extent of prostitution and trafficking in women and girls and the country’s tourism industry. It is also concerned about the lack of enforcement of the legal framework to combat the exploitation of prostitution and the criminalisation of women and girls who are victims of such exploitation. The Committee is further concerned about the absence of efforts to prevent the exploitation of prostitution and address its root causes, and the lack of protection and services available to victims of exploitation.
The Committee calls upon the Cook Islands to pursue a holistic approach in addressing the exploitation of prostitution, and to provide women and girls with educational and economic alternatives, including economic empowerment programmes for women, including women from the Outer Islands. The Committee calls upon the Cook Islands to address the link between tourism and prostitution, including the demand for prostitution, and to undertake appropriate measures to discourage such demand. The Cook Islands should take steps to ensure the effective prosecution and punishment of those who exploit prostitution. The Committee urges the Cook Islands to consider protective and recovery measures for victims of exploitative prostitution and trafficking. The Committee recommends that the Cook Islands ratify the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the United Nations Convention against Transnational Organised Crime. (Paragraphs 26 and 27)
Education: While noting the achievements in the field of education and the phasing out of older educational materials, the Committee is concerned that the principle of the equality of women and men has not yet been incorporated at all levels of the education system, and that gender-based stereotypes discriminatory of women may persist in curricula and teaching methods. It is also concerned that there is no system to monitor the causes and scale of school attrition, and that there are no programmes for students who leave school prematurely, including for pregnant girls and young mothers.
The Committee encourages the Cook Islands to incorporate the principle of the equality of women and men in its education system, and calls upon it to monitor, and where appropriate modify or introduce, educational curricula and teaching methods that promote women’s human rights and address the structural and cultural causes of discrimination against women. It encourages the Cook Islands to put in place sensitisation training for teachers both pre- and in-service. It also calls upon the Cook Islands to monitor and identify the causes of attrition, and to take appropriate measures to retain girls, especially those from the Outer Islands, in school and to provide alternatives to formal education for those who have left school early. (Paragraphs 30 and 31)
Maternity leave: While noting that a Draft Labour Bill (Employment Relations) is pending approval, to replace the Cook Islands Industrial and Labour Ordinance of 1964 and the Public Service Act of 1995-96, the Committee is concerned that the passage of the bill has been delayed in part due to resistance from the Chamber of Commerce to proposed maternity protections contained therein. It is concerned that, at present, there is no guaranteed maternity protection for women in the private sector, either in the form of paid maternity leave or preservation of employment during pregnancy or after birth. The Committee is also concerned about the lack of a law on sexual harassment, and the apparent lack of such provisions in part IV of the draft bill. The Committee is further concerned that the bill would limit the role of government in labour market matters, and that it may leave the achievement of women’s right to equality in the labour market to their capacity to individually or collectively bargain.
The Committee recommends that the Cook Islands ensure that the Draft Labour Bill (Employment Relations) fully complies with article 11 of the Convention, and that discrimination against women is prohibited in the private sector, in accordance with article 2 (e) of the Convention, and that such prohibition is effectively enforced. In the light of the Cook Islands’ withdrawal of its reservation to article 11 (2) (b), the Committee calls upon it to take all appropriate measures to ensure that maternity leave is available in all public and private sector employment, with pay or with comparable social benefits. The Committee also calls upon the Cook Islands to prohibit sexual harassment in the workplace and guarantee women’s rights to individual and collective bargaining. The Committee further encourages increasing attention for preschool programmes, including day-care centres, to assist working mothers.
Sexual and reproductive health care: The Committee is concerned with the inadequacy of preventative health care, including in the area of sexual and reproductive health. The Committee is also concerned that there may not be adequate attention paid to all areas of health care, including mental health and services for those women who may need specialised care, such as older women and disabled women and girls. The Committee is concerned that a woman wishing to undergo voluntary tubal ligation is required, under Ministry of Health policy, to receive her husband’s or male partner’s permission.
The Committee recommends that the Cook Islands take into account its general recommendation 24 on article 12, on women and health, so as to effectively address the differential needs in the area of general health and specific health needs of women, including those with specialised needs. It calls upon the Cook Islands to ensure that all women’s health needs, including mental health and preventative care, are adequately addressed, and to enhance access to these services by women in the Outer Islands. The Committee calls upon the Cook Islands to abolish, without delay, the current Ministry of Health policy requiring women to obtain a husband or male partner’s permission to undergo voluntary tubal ligation, in order to eliminate discrimination against women in accordance with articles 12 and 16 (e) of the Convention. (Paragraphs 34 and 35)
De-population: The Committee is concerned about the high rates of migration from the Cook Islands, including of women and girls, and is concerned that the Cook Islands is not taking adequate, proactive measures to stop such depopulation through the promotion of women’s equal participation in, and benefit from, the development process at all levels, as well as through the provision of various health and other basic services.
The Committee calls upon the Cook Islands to address the reasons for women’s out-migration in its development plans, including through the provision of economic empowerment programmes for women, including formal and non-formal education and training for women on the Outer Islands, and to ensure women’s equal access to credit and technical assistance to promote women’s entrepreneurship. (Paragraphs 36 and 37)
Early marriage: The Committee is concerned that, according to the Marriage Act 1973, the legal minimum age of consent for marriage is 16 years, but can be younger with the consent of a parent or guardian.
The Committee urges the Cook Islands to raise the minimum age of marriage for women to 18 years, in line with article 16 (2) of the Convention, the Committee’s general recommendation 21 and the Convention on the Rights of the Child. (Paragraphs 38 and 39)
Discrimination in child maintenance: The Committee is concerned about the inadequacy of the protection of a woman’s marital property in the event of the intestate death of her husband, and the lack of statutory provisions covering the division of property upon dissolution of de facto marriages. It is also concerned about discriminatory provisions in the Cook Islands Act 1915 governing child maintenance, and the failure of the Cook Islands to enforce child maintenance orders.
The Committee calls upon the Cook Islands to ensure that the law adequately protects a woman’s property rights in the event of the intestate death of her husband and to establish a system of equitable division of marital property upon dissolution of de facto marriages. It invites the Cook Islands to put in place adequate legislative measures, including the review and amendment of existing laws, to guarantee that women obtain child support. (Paragraphs 40 and 41)
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UN Committee against Torture
Not yet signed or ratified.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
CRPD/C/COK/CO/1
Concluding Observations: 15 May 2015
Issues raised:
Women with disabilities (art.6): The Committee is concerned that the State party does not adequately address the question of promoting the full inclusion of women and girls with disabilities in all spheres of life, particularly in health, education and employment. (para 11)
The Committee recommends that the State party improve its measures to promote the full inclusion of women and girls with disabilities by: (a) Establishing a formal consultation mechanism to ensure that women and girls with disabilities across the country, and their representative organizations, are meaningfully consulted and are enabled to participate in the legislative and political spheres; (b) Taking concrete measures to mainstream the rights of women and girls with disabilities into all laws, policies and programmes connected with gender equality, in line with the Convention. (para 12)
Children with disabilities (art.7): The Committee is concerned at the lack of awareness regarding the rights of children with disabilities and at the absence of a specific strategy to address their rights. It is also concerned that children with disabilities are not systematically involved in decisions that affect their lives and do not have the opportunity to express their opinion on matters that affect them directly. (para 13)
The Committee recommends that the State party raise awareness of the rights of children with disabilities through training in schools, family settings and the wider community, in close cooperation with organizations of persons with disabilities, and that it develop a comprehensive rights-based strategy for children with disabilities that includes safeguards to protect their rights. The Committee also recommends that children with disabilities be consulted in all matters affecting them—with appropriate assistance provided, according to their disability and age - in a way that is aligned with the concluding observations of the Committee on the Rights of the Child (CRC/C/COK/CO/1). (para 14)
The Committee notes the project for early identification of, and intervention for, children with disabilities, which is due to be put into operation before 2016, however it is concerned that the project is of a temporary nature and is unsustainable in meeting the long-term needs of children with disabilities. (para 15)
The Committee recommends that the State party: (a) Establish a permanent early identification and intervention programme for children with disabilities, from birth to school age; (b) Identify and provide additional specialist paediatric services that are not currently available; (c) Provide families of children with disabilities with financial assistance, training and support mechanisms to ensure their children’s inclusion and full participation in the family and the community. (para 16)
Equal recognition before the law (art.12): The Committee is concerned that current legislation enables the appointment of a trustee to make legal decisions on behalf of a person with intellectual and/or psychosocial disabilities. (para 23)
The Committee recommends that the State party: [...] (b) Develop support mechanisms at the community level to promote choices, autonomy and inclusion, for children and adults with disabilities. (para 24)
Freedom from exploitation, violence and abuse (art.16): The Committee is concerned that current legislation regarding domestic violence uses derogatory language, and does not ensure that women and girls with disabilities are protected on an equal basis with others. It is also concerned that it does not provide accessible helplines or shelters, nor training for health professionals, counsellors and the personnel of police units to work with women and girls with disabilities. (para 29)
The Committee recommends that the State party: (a) Provide fully funded, accessible helplines and shelters for women with disabilities who experience violence, whether inside or outside the home; (b) Provide specific training for health professionals, counsellors and personnel of the Police Family Violence Unit to work with women and girls with disabilities who are victims of violence. (para 30)
The Committee is concerned that current law authorizes the use of force against children with disabilities “by way of correction”. (para 31)
The Committee recommends that the State party replace existing laws so as to prohibit all corporal punishment, so that children with disabilities are legally protected from all punitive assault, including in the home. (para 32)
Protecting the integrity of the person (art. 17): The Committee is concerned that current legislation does not protect women and girls with disabilities from forced sexual and reproductive health procedures, nor does it provide for sexual and reproductive health education. (para 35)
The Committee recommends that the State party: (a) Revise the Criminal Code and any other relevant laws to protect women and girls with disabilities from coerced sterilization and contraception and other forced medication, in the absence of the individual’s free and informed consent; (b) Introduce accessible sexual and reproductive health education programmes in schools and the community that are inclusive of young persons with disabilities, including women and girls. (para 36)
Freedom of expression and opinion, and access to information (art.21): The Committee is concerned at the lack of access to information and communications technologies (ICTs), and the lack of availability of Braille, sign language, easy read and digital communications. (para 41)
The Committee recommends that the State party, in accordance with general comment No.2: [...] (b) Make sign language and Braille training available so that sign language and Braille can be used by deaf and blind Cook Islanders in schools and in public. (para 42)
Education (art. 24): The Committee is concerned that there is an insufficient budget allocation and provision of support for inclusive education. (para 43)
The Committee recommends that the State party: (a) Ensure an inclusive and quality education system; (b) Introduce tailored education plans for all students with disabilities within mainstream schools; (c) Ensure the availability of assistive devices and support in classrooms, of accessible educational materials and curricula, and of accessible equipment and school environments, with the corresponding budget allocations. (para 44)
Health (art.25): The Committee is concerned that health-care professionals and public health experts, including providers of sexual and reproductive health services, lack the necessary training to provide inclusive health care and to meet the specific needs of persons with disabilities and their families. (para 45)
The Committee recommends that the State party: [...] (c) Provide mental health services for children and adolescents with disabilities across the islands. (para 46)
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UN Committee on Enforced Disappearance
Not yet signed or ratified.
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