Submitted by crinadmin on
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.
Widespread trafficking in persons and sexual exploitation of women and girls UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee notes the State party's efforts to combat trafficking in persons and assist victims of this crime, including children, by raising awareness and training public officials on trafficking offenses; establishing a National Coalition against illegal smuggling of migrants and trafficking in persons which prepared a National Action Plan on trafficking that was incorporated in the National Development Plan (2006-2010); creating an immediate response team to provide rapid responses for trafficking victims within 24 hours; and amending the Migration Act to allow for temporary residence status of migrants who are victims of trafficking. However, in line with its 2007 recommendations on the State party report under the Optional Protocol on the Sale of Children, Child Prostitution and Pornography, the Committee notes with concern that: UN Human Rights Committee Last reported: 22 October 2007 Concluding Observations adopted: 1 November 2007 The Committee expresses concern that while the State had taken steps to combat trafficking in women and children and sexual exploitation - such as establishing surveillance systems and alliances with private-sector actors, including hoteliers and taxi networks - there is a lack of public awareness of the unlawful nature of the practices. The Committee also expresses regret that it had not received clear-cut information regarding the alleged trafficking of children from Ecuador in 2004. The Committee expresses concern that such acts may go unpunished (arts. 2 and 24). The Committee recommends that the State reinforce measures to combat trafficking of women and children and, in particular: UN Committee on Economic, Social and Cultural Rights Last reported: 6 and 7 November 2007 Concluding Observations adopted: 19 November 2007 The Committee expresses deep concern about the increase in sexual and commercial exploitation, sex tourism and trafficking in persons, especially women and girls, despite institutional measures and plans of action to combat this. The Committee expresses concern about the lack of any specific legislation and case law on human trafficking and the lack of disaggregated data on the nature, extent and causes of this phenomenon (paragraph 24). The Committee urges the State to effectively tackle sexual and commercial exploitation, sex tourism and human trafficking through the following measures: The Committee also requests that the State include in its next periodic report updated and disaggregated data on an annual basis on reported trafficking cases, convictions and sentences imposed on perpetrators, the assistance and rehabilitation programmes provided to victims (paragraph 45). UN Committee against Torture Last reported: 5-6 May 2008 Concluding Observations published: 7 July 2008 The Committee takes note of the efforts made by the State to combat trafficking in persons, including the executive decree in 2005 establishing the national coalition to combat illegal smuggling of immigrants and trafficking in persons and the Institutional Protocol for Care for Victims of Trafficking drafted by the National Children's Trust (PANI). However, the Committee expresses concern that trafficking in persons is not an offence in domestic legislation. The Committee recommends that the State should criminalise trafficking in persons in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organised Crime (paragraph 22). Universal Periodic Review (December 2009) A - 37. Reinforce concrete measures aimed at combating trafficking in women and young girls, and assistance to victims (Belgium); (accepted) A - 40. Strengthen criminal legislation with regard to trafficking of children and women (Germany); (accepted) A - 41. Further reinforce measures to combat trafficking of women and children, as well as penalties commensurate with the seriousness of such acts (Egypt); (accepted) The high rate of child mortality among indigenous children compared to the national average UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee remains concerned about continued discriminatory attitudes and prejudices against indigenous children, children of African descent, Nicaraguan and other migrant children. The Committee also remains concerned about growing disparities affecting indigenous children with regard to access to health care (child mortality being twice as high as the national average) and to education (illiteracy being six times higher than the national average), especially in rural and coastal areas (paragraph 29). UN Committee on the Elimination of Racial Discrimination The Committee expresses alarm at the fact that child mortality rates in the cantons with large indigenous populations are still very much higher than the national average. The Committee urges the State party to make strenuous efforts to combat child mortality in the indigenous communities (art. 5 (iv)) (paragraph 14). Inequalities in access to basic services for indigenous children compared to other children UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee remains concerned about continued discriminatory attitudes and prejudices against indigenous children, children of African descent, Nicaraguan and other migrant children. The Committee also remains concerned about growing disparities affecting indigenous children with regard to access to health care (child mortality being twice as high as the national average) and to education (illiteracy being six times higher than the national average), especially in rural and coastal areas. While welcoming the new Migration Act, the Committee regrets that the State party has decided not to ratify the International Convention on the Rights of All Migrant Workers and Members of their Families (paragraph 29). Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation Indigenous peoples and people belonging to other marginalised and vulnerable groups, including Afro-descendants and migrant workers, often have limited or no access to potable water and adequate sanitation. The vast majority of indigenous peoples living in the 24 reserves in the country do not have access to safe drinking water or sanitation services. In its report submitted to the Committee on Economic, Social and Cultural Rights, Costa Rica acknowledged that indigenous peoples' access to safe drinking water was constrained, mainly by their geographical and cultural circumstances, and that, in some indigenous territories, minimal sanitary conditions were lacking, with the resulting problems of diarrhoea, parasites, malnutrition and other diseases, especially among children. Both the Committee on the Elimination of Racial Discrimination and the Committee on Economic, Social and Cultural Rights urged Costa Rica to take all appropriate measures to remove the obstacles that currently prevent indigenous peoples, Afro-descendants and migrant workers access to basic services, including safe drinking water and adequate sanitation (paragraph 48). The independent expert, while acknowledging the efforts made by Costa Rica to improve their access to safe drinking water and adequate sanitation, expresses her concern that the majority of indigenous peoples living in traditional communities continue to have no access to potable water and adequate forms of sanitation. The expert also notes that indigenous communities have not systematically been involved, as provided by the Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) of the International Labour Organisation (to which Costa Rica is a signatory), in the development of strategic plans aimed at improving their access to water and sanitation (paragraph 70). The independent expert urges Costa Rica to take immediate steps to develop, in close consultation with the communities concerned, strategic plans aimed at providing access to safe drinking water and adequate sanitation to indigenous peoples living in traditional reserves. Such plans should take into account the customs and traditions of the communities concerned and specifically include capacity-building measures aimed at ensuring the participation of community members in the development, management and maintenance of aqueducts and sanitation systems (paragraph 84). Universal Periodic Review (December 2009) A - 68. Take measures to ensure equitable access of indigenous children, migrant children and those living in rural areas to education and health services and improve their standard of living (Ghana);* (accepted) The increase in domestic violence against women and children UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee acknowledges the State party's efforts to combat child abuse and neglect, such as the National Plan to Combat Violence (2006) and the establishment of Child Abuse Research Committees, the adoption of a Domestic Violence Programme, as well as the provision of psychological counselling to children who are victims of domestic violence. However, the Committee is concerned about the fact that domestic violence is on the rise, the high incidence of intra-family and sexual violence against children and adolescents, in particular girls, as well as the increase in the number of cases of abduction of persons without full legal capacity. It is also concerned about the lack of information on the number of convictions and the sanctions imposed in such cases. It further notes with concern that there is only one National Integrated Care Centre in the State party providing evaluation and follow-up services, intensive consultation and shelter for children and adolescents who are victims of violence. In that regard, the Committee takes note of the extensive recommendations on domestic violence addressed to the State party during the Universal Periodic Review of Costa Rica in 2009. The Committee, drawing the State party's attention to its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, as well as the recommendations made by the Committee on Economic, Social and Cultural Rights in 2007 and by the Committee against Torture in 2008, recommends that the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 6 and 7 November 2007 Concluding Observations adopted: 19 November 2007 The Committee expresses concern that various legal and institutional measures taken by the State to offer redress to victims of domestic violence have been insufficient to address the increase in domestic violence against women and children (paragraph 22). UN Committee against Torture Last reported: 5-6 May 2008 Concluding Observations published: 7 July 2008 The Committee expresses regret about the lack of data broken down by sex and age and the lack of precision in the conceptualisation of violence against women and children and the categories of analysis and variables used. The Committee recommends that the State ensure the protection of all victims of domestic violence and other ill-treatment without any discrimination by taking the following steps: Universal Periodic Review (December 2009) A - 22. Step up implementation of legal and institutional measures aimed at addressing the reported increase of domestic violence against women and children (Malaysia); (accepted) A - 24. Continue its efforts to eliminate violence against women and children (Jordan); A - 27. Take further measures to ensure the full protection of children from all forms of violence (Sweden); (accepted) A - 28. Increase efforts to provide effective assistance to women and girls who are victims of violence, in particular through the provision of safe places and psychological support (Austria); (accepted) The increase in early pregnancies UN Committee on the Rights of the Child (Concluding Observations, June 2011) While welcoming the Health Plan for Adolescents 2010-2015, the Committee is concerned about: [T]he Committee recommends that the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 6 and 7 November 2007 Concluding Observations adopted: 19 November 2007 The Committee expresses concern about the increasingly high rate of teenage pregnancies, in spite of the State's policies and programmes on sexual and reproductive health, as well as the fact that no exceptions are provided to the general prohibition of abortion (paragraph 25). UN Committee on the Elimination of Discrimination against Women Last reported: 11 July 2011 Concluding Observations published: 29 July 2011 The Committee is also concerned about the lack of a sexual and reproductive health and rights education programme in the State party, despite the fact that teenage pregnancy is one of the causes for girls to drop out of school (paragraph 26). The high rate of secondary school drop out UN Committee on the Rights of the Child (Concluding Observations, June 2011) The Committee welcomes that article 78 of the Political Constitution increases the budget for education to 8 percent of the State party's GDP and takes note of the efforts made by the State party to provide financial subsidies, transportation and school meals to promote school attendance by children from poor families, facilitate the transition from primary to secondary school, and reduce the drop out rate at the secondary level. However, it remains concerned about the inadequate quality of education, the low school attendance and completion rates, in particular among indigenous and migrant children, especially at the secondary level, and the poor school infrastructure in rural areas. The Committee recommends that the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 6 and 7 November 2007 Concluding Observations adopted: 19 November 2007 The Committee expresses concern about the increase in the percentage of the secondary school drop-out rate caused, inter alia, by family disintegration, lack of pedagogical attention and child labour and drug abuse, in spite of its institutional measures and policies adopted in this regard (paragraph 30). Universal Periodic Review (December 2009) A - 71. Continue to take effective measures to increase enrolment in primary and secondary schools, to reduce the high dropout rate of students, particularly in rural areas, and to address the lack of school infrastructure in those areas (Turkey) (accepted) Insufficient measures to address the situation of children living and working on the street UN Committee on the Rights of the Child (Concluding Observations, June 2011) [The Committee] remains concerned about ... the high number of children, including children in street situations, who are victims of sexual exploitation, and the lack of coordination among institutions with regard to victim support, rehabilitation and reintegration (paragraph 75). The Committee is concerned: Universal Periodic Review (December 2009) A - 42. Continue taking efficient measures to eliminate prohibited child labour and prostitution, and to combat the phenomenon of children living in the street, and monitor appropriately the efficiency of measures taken (Slovenia); (accepted) A - 49. Take practical steps to address the problems of street children and take effective measures to eliminate prohibited child labour (Azerbaijan