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.
Scroll to: ___________________________________________________________________ Discrimination against children of Turkish origin and other minority backgrounds UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee notes the State party’s draft Law for the Welfare, Care and Protection of Children which incorporates the principle of non-discrimination as a general principle in all legal proceedings, including administrative and/or judicial proceedings. However, the Committee remains concerned that there continues to be discrimination against children of Turkish origin and other minorities. In accordance with article 2 of the Convention, the Committee urges the State party to increase its efforts to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds, including by considering targeted programme specifically addressing discrimination against children of Turkish descent and other ethnic minorities. (Paragraphs 21 and 2 2) UN Committee on Economic, Social and Cultural Rights The Committee notes with regret that in spite of the 2002 law amendment, children of women with displaced person status are still not entitled to a Refugee Identity Card and are only entitled to a Certificate by Descent which does not enable them to access any benefits. (arts. 2, para. 2; and 9) The Committee urges the Government to adopt effective measures to end the discriminatory treatment of children of women with displaced person status. (Paragraph 12) Universal Periodic Review (November 2009) NC 45. Do its utmost to guarantee that children, regardless of their descent status, are treated equally in law and in practice (Slovenia); (no clear position) NC - 67. Ensure that all children with displaced person status are treated equally in the law irrespective of the sex of their parents, as recommended, inter alia, by the Committee on Economic, Social and Cultural Rights in 2009 (Norway); (no clear position) NC - 68. Continue cooperating with the competent bodies to secure protection of the human rights of the internally displaced, particularly women and children (Chile); (no clear position) ___________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee notes the State party’s nationwide awareness campaign for 2007- 2008 to sensitise the public on the issue of domestic violence and child abuse and campaigns organised by the Advisory Committee for the Prevention and Combating of Violence in the Family. However, the Committee remains concerned at the continued prevalence of domestic violence against women and children and the socio-cultural tolerance of it. In particular, the Committee is concerned that: (a) Existing measures taken against domestic violence are inadequate with the rates of such violence remaining high and no evaluation on the effectiveness of such measures is conducted; (b) Large numbers of victims remain without support and shelters for their protection; (c) There remains a lack of statistical data on violence in the family, in spite of he Committee’s previous observation (CRC/C/15/Add.205, para. 45); (d) An effective and accessible system for reporting and investigating cases of domestic violence is absent. The Committee urges the State party to expeditiously adopt an effective strategy to combat domestic violence and to allocate the necessary human and financial resources for the implementation of this strategy. In particular, the Committee urges the State party to: (a) Undertake an independent and systematic evaluation on the effectiveness of current measures to eradicate domestic violence, with a view to using the results of the evaluation to improve such measures; (b) Ensure that specialised shelters for victims or those at risk of violence are made available in order to fully provide for their security as well as their physical and mental well-being; (c) Include specific information in its next periodic report on follow-up to cases of abuse reported to the social welfare services, as well as information on the announced second research project on the extent of child abuse in Cyprus, with re- emphasis on its previous recommendation (CRC/C/15/Add.205, para. 46); (d) Establish an accessible and effective mechanism for the prompt investigation and remedy of cases of domestic violence. Furthermore, the Committee also urges the State party to expeditiously ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. With reference to the United Nations study on violence against children (A/61/299) and the Committee’s General Comment no. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee further encourages the State party: (a) To prioritise the elimination of all forms of violence against children, including by ensuring the implementation of the recommendations of the United Nations study on violence against children, while paying particular attention to gender; (b) To provide information concerning the implementation by the State party of the recommendations of the study in its next periodic report, particularly those highlighted by the Special Representative of the Secretary-General on Violence against children, in particular: (i) the development in each State of a national comprehensive strategy to prevent and address all forms of violence against children; (ii) the introduction of an explicit national legal ban on all forms of violence against children in all settings; (iii) the consolidation of a national system of data collection, analysis and dissemination, and a research agenda on violence against children. (Paragraphs 36 and 37) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that domestic violence against women and children continues to be widespread in the State party and often goes unreported. (art.10) The Committee urges the State party to adopt an effective strategy to combat domestic violence and to allocate the necessary human and financial resources for the implementation of this strategy. The Committee calls upon the State party to include in its next periodic report information on cases of domestic violence brought to justice and on the sanctions imposed. The Committee also urges the State party to ensure that specialised shelters for victims or those under risk of violence are made available in order to ensure their security as well as their physical and mental integrity. (Paragraph 19) ___________________________________________________________________ Inequality and discrimination in access to education UN Committee on the Rights of the Child (Concluding Observations, June 2012) While welcoming the State party’s Zones of Educational Priority policy to increase the availability of more diverse education in a non-discriminatory manner, the Committee is concerned that: (a) Cypriot Turkish speaking children continue to have limited access to education, beyond in the restricted context of language lessons, in their native language; (b) There is low availability of holistic early childhood development and education facilities and institutions, particularly for children under the age of four; (c) Religious education may be a factor of division and conflict among children in school and does not sufficiently contribute to a spirit of understanding, tolerance and friendship among all ethnic and religious groups as stipulated in Article 29(1)(d) of the Convention. The Committee urges the State party to take measures to: (a) Allocate resources for ensuring that Turkish Cypriot children are provided with the option of receiving bilingual education, including in their mother tongue; (b) Promote, develop and ensure access to early childhood development and education, particularly for children under the age of four, and, especially for children at risk of delayed development and socio-economic deprivation, take into account the Committee’s General Comment No. 7 on implementing child rights in early childhood (CRC/C/GC/7); (c) Ensure that religious education is optional taking into consideration the best interests of the child, and is conducted in a manner that contributes to a spirit of understanding, tolerance and friendship among all ethnic and religious groups as stipulated in article 29(1)(d) of the Convention. (Paragraphs 44 and 45) UN Committee on Economic, Social and Cultural Rights The Committee is concerned about the still limited opportunities for Cypriot Turkish speaking children to receive instruction in their native language.(art.13) The Committee urges the State party to take all appropriate measures to increase opportunities for Turkish Cypriot children to receive teaching in their mother tongue. The Committee also encourages the State party to strengthen its efforts to ensure that education in school meets the needs of a diverse society and revise school curricula to include a better understanding of the contribution of Cypriot's communities and minorities to the State party's history. (Paragraph 24) The Committee expresses deep concern about the circular issued by the 2004 Ministry of Education which request all schools to report to immigration authorities the contact details of the parents of foreign children who enrol for school. The Committee considers that the 2004 circular gives rise to direct or indirect discrimination against migrant children and hinder their access to education. (art.13) The Committee recalling its general comment No. 13 (1999) on the right to education according to which education must be accessible to all especially the most marginalised and disadvantaged groups, in law and in fact, without discrimination on any of the prohibited ground, calls upon the State party to consider withdrawing this circular. (Paragraph 25) UN Committee on the Elimination of Racial Discrimination The Committee expresses its concern at the lack of legal provisions expressly outlawing racial discrimination by private persons in education and employment, and recommends that the State party give attention to the development of such legislation. (Paragraph 269) The Committee encourages the State party to take further steps to increase awareness of the Convention among the general public, in particular foreign domestic workers, members of the police and the judiciary. It also recommends that measures taken by the State party to combat discrimination in the field of education, culture and information be intensified. (Paragraph 272) Universal Periodic Review (November 2009) NC - 56. Consider the measures it deems appropriate to guarantee effective access to basic education for all (Algeria); (no clear position) ___________________________________________________________________ Inadequate provision for the child rights monitoring mechanism UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee appreciates that the State party has appointed a Commissioner for the Protection of Children's Rights as an independent institution with similar functions to that of an Ombudsman, including a mandate to hear complaints and pursue claims on behalf of children. While noting as positive the mandate and powers granted to the Commissioner, the Committee is concerned that the limited human, financial and technical resources allocated to the office of the Commissioner for the Protection of Children's Rights prevents it from fully fulfilling its role in independently monitoring the implementation of the Convention. The Committee is also concerned that neither of these mechanisms have enforcement mechanisms to impose its decisions. Furthermore, the Committee is concerned that with the allocation of, inter alia, tasks relating to coordination and data collection, there is inadequate clarity on the Commissioner’s primary role being that of independent monitoring. Taking into account the Committee’s General Comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child and article 4 of the Convention, the Committee urges the State party to expeditiously take appropriate measures to ensure that its Commissioner for the Protection of Children's Rights is provided with adequate human, technical, and financial resources for the Commissioner’s office to effectively function, particularly with regards to dealing with complaints from or for children in a child-sensitive and expeditious manner, and ensuring remedies for violations under the Convention. (Paragraphs 12 and 13) Universal Periodic Review (November 2009) NC 15. Through relevant mechanisms, continue to guarantee through specific, concrete measures the constructive cooperation policies towards the office of the Commissioner for the Protection of Children's Rights, providing it with the necessary resources to guarantee the fulfilment of its functions for the benefit of the boys, girls and adolescents of the country (Venezuela); (no clear position) NC 44. Bring legislation governing the rights of the child into line with relevant international instruments and provide the office of the Commissioner for the Protection of Children's Rights with the support needed for it to assume its role of preservation and protection of children's rights (Algeria); (no clear position) ___________________________________________________________________
Last reported: 8 May 2009
Concluding Observations adopted; 18 May 2009
Last reported: 8 May 2009
Concluding Observations adopted: 18 May 2009
Last reported: 8 May 2009
Concluding Observations adopted: 18 May 2009
Last reported: 2 and 4 August 2001
Concluding Observations adopted: 10 August 2001