DJIBOUTI: Persistent violations of children's rights

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:

_____________________________________________________________________

Female genital mutilation

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

While the Committee welcomes the State party’s efforts to eliminate Female Genital Mutilation (FGM), which resulted in the prohibition by law of the practice, it notes with grave concern that FGM, including infibulations, the most extreme form of FGM, continues to be widely practised in the country. The Committee also notes with concern that there have been no prosecutions to enforce the law prohibiting FGM.

The Committee urges the State party to:

(a) Apply legislative and other measures to prohibit harmful traditional practices, including female genital mutilation and early marriage;

(c) Ensure that legislation prohibiting harmful traditional practices provides for appropriate sanctions and that perpetrators of such acts are brought to justice;

(d) Strengthen awareness-raising and sensitisation activities for practitioners, families, traditional and religious leaders and the general public in order to encourage changes in attitudes; and

(e) Take measures to provide practitioners of female genital mutilation with adequate training and support to find alternative sources of income (Paragraphs 55 and 56)

UN Committee on the Elimination of Discrimination against Women
Last reported: 21 July 2011
Concluding Observations issued: 28 July 2011

While welcoming the numerous measures taken by the State party to raise awareness about the harmful effects of FGM, the Committee notes with concern that the prevalence of FGM is still very high (93 percent), especially in rural areas, and that cases of FGM are generally not reported, prosecuted and punished. It also notes with concern that FGM often leads to obstetric complications, caesarean sections, excessive bleeding, prolonged labour and maternal death, especially in case of infibulations, the most extreme form of FGM, which is widely practised in the State party.

The Committee recalls its general recommendations No. 14 (1990) on female circumcision and No. 19 (1992) on violence against women, as well as the recommendations addressed to the State party during the Universal Periodic Review of Djibouti (A/HRC/13/17, paras. 67.18, 67.25, 68.3 and 68.8) and by the Committee on the Rights of the Child (CRC/C/DJI/CO/2, para. 56), and urges the State party to:

(a) Effectively enforce Article 333 of the Criminal Code on FGM, which provides for a penalty of 5 years' imprisonment, by prosecuting and adequately punishing perpetrators as well as those complicit in or failing to report the crime, and to provide to the Committee information on the number of reports, prosecutions, convictions, and on the sentences imposed on perpetrators of FGM;

(b) Intensify its awareness-raising campaigns and training efforts targeting families, practitioners, communities, traditional and religious leaders, health workers, judges and magistrates, including those in personal status courts, prosecutors and police officers, with the support of civil society organisations, in order to explain that female genital mutilation is a form of gender-based discrimination and violence and to eradicate FGM and its underlying cultural justifications;

(c) Educate families, communities, practitioners, teachers, and health workers on the harmful effects of FGM on women's and girls' reproductive health. (Paragraphs 18 and 19)

UN Committee against Torture
Last reported: 2 and 3 November 2011
Concluding Observations issued: 22 December 2011

The Committee welcomes the criminalisation since 1995 of the practice of female genital mutilation through the inclusion of article 333 in the State party's Criminal Code. The State party has recognised that the provisions of this article have not been applied owing to the lack of complaints filed against this practice. The Committee remains concerned about the fact that female genital mutilation is still very widespread, and in particular that there are many cases of infibulation — an extreme form of female genital mutilation — especially in rural areas. The Committee also remains very concerned about the fact that cases of mutilation are generally not reported and are therefore neither prosecuted nor punished (arts. 2, 10 and 16).

The Committee also asks that the State party include in its next report detailed information and updated statistics on complaints, investigations, prosecutions, convictions and penalties handed down to individuals found guilty of criminal behaviour involving harmful traditional practices, including murder, and on the aid and compensation provided to the victims. (Paragraph 21).

Universal Periodic Review (February 2009)

18. Take other pro-active measures to combat FGM (Netherlands); (accepted)

25. Continue efforts, slowly but surely, to counter the weight of traditions by way of eradicating on a gradual basis the practice of female genital mutilation (Burundi); (accepted)

3. Enforce the law prohibiting female genital mutilation (Slovenia); take further steps to improve implementation of its laws on female genital mutilation (FGM) and ensure prosecution through the appropriate judicial channels (United Kingdom); to render more effective the implementation of article 333 of the Criminal Code, which imposes severe sanctions for the practice of FGM (Italy) and to conduct national awareness campaigns concerning the prohibition of FGM (Italy); (pending)

8. More actively enforce its law prohibiting female genital mutilation (Netherlands); (pending)

54(b) (Italy): "To conduct national awareness campaigns concerning the prohibition of FGM" (rejected)

_____________________________________________________________________

Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee urges the State party to take appropriate measures to ensure that inter-country adoption is performed in full compliance with the best interests of the child and that it provides appropriate legal guarantees for children, including non-nationals, throughout the adoption process, in order to avoid possible cases of sale or trafficking of children for adoption or other aims. The Committee also encourages the State party to consider ratifying the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry adoption of 1993 without delay. (Paragraph 44)

The Committee also recommends that the State party ensure, through adequate legal provisions and regulations, that all children victims and or witnesses of crimes, e.g. children victims of abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking and witnesses of such crimes, are provided with the protection required by the Convention and that it take fully into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22 July 2005) and general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child. (Paragraph 74)

UN Committee on the Elimination of Discrimination against Women
Last reported: 21 July 2011
Concluding Observation issued: 28 July 2011

The Committee acknowledges the difficulties faced by the State party in responding to the high numbers of refugees and migrants coming to and transiting through its territory. It notes the measures that the State party has taken to combat trafficking in human beings, in particular women and children, who are often abused by traffickers and subjected to forced labour and sexual exploitation the countries of destination, by concluding cooperation agreements with other countries in the sub-region, further cooperating with IOM which recently opened a migration response centre in Obock, and criminalising human trafficking. However, the Committee notes with concern the limited capacity of the State party to enforce the Human Trafficking Act and provide assistance to victims, the low number of prosecutions and convictions of traffickers, and the lack of protection of refugee or migrant women and children vulnerable to become victims of trafficking.

The Committee recommends that the State party:

(a) Expedite the adoption of a national plan of action to combat trafficking in human beings, in particular women and girls, including refugees and migrants;

(b) Effectively enforce the Human Trafficking Act by prosecuting and adequately punishing traffickers and by providing assistance to victims of trafficking;

(c) Continue raising awareness and training law enforcement officials on the strict application of relevant criminal law provisions;

(d) Establish appropriate mechanisms aimed at early identification, referral and support of victims of trafficking, including refugee and migrant women and girls;

(e) Provide refugee and migrant women with access to income generating activities, through micro-credits and self-employment opportunities, to reduce their risk of having to engage in survival sex and of becoming victims of human trafficking;

(f) Collect sex-disaggregated data on the number of prosecutions and convictions of traffickers and include such data in its next periodic report; (Paragraphs 22 and 23)

_____________________________________________________________________

Sexual abuse and exploitation of children

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee reiterates the concern expressed in its previous concluding observations (CRC/C/15/Add.131, paragraph 57) over the high number of children, in particular girls, involved in prostitution and the lack of facilities to provide services for sexually exploited children.

The Committee recommends that the State party:

(a) Develop and strengthen appropriate legislative measures to address the issues of sexual exploitation and sexual abuse;

(b) Take appropriate measures to ensure the prompt investigation of reports of sexual exploitation or abuse and the prosecution of perpetrators of sexual offences against children;

(c) Ensure that child victims of sexual exploitation or abuse are not criminalised or penalised; and

(d) Continue to implement appropriate policies and programmes for prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children as well as the outcome of other international conferences on this issue. (Paragraphs 70 and 71)

Universal Periodic Review (February 2009)

11. Consider instituting measures to strengthen its institutional and operational capacity in the administration of justice, including the establishment of a juvenile justice system, training of judicial and law enforcement officers who deal with juvenile cases, as well as the development and strengthening of legislative measures to ensure prompt investigation and prosecution of sexual offences against children (South Africa); (accepted)

24. Enhance the efforts being carried out by Djibouti in the areas of child labour, sexual exploitation and begging among children, as well as the low level of births registered in rural areas (Turkey); (accepted)

_____________________________________________________________________

Inequatlity in access to education

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee welcomes efforts to ensure that all children have access to education, health and other social services, in particular, through the construction of schools and health centres in rural localities, awareness-raising campaigns for equal access to schools of girls, and the repeal of provisions reserving school for children born of Djiboutian parents. Nevertheless, the Committee regrets that disparities remain, in particular with regard to children belonging to vulnerable groups, including children living on the streets, migrant children, refugee children and children with disabilities.

The Committee reiterates its previous recommendation (CRC/C/15/Add.131, paragraph 28) that the State party continue and strengthen its efforts to ensure full implementation of the principle of non-discrimination and full compliance with article 2 of the Convention and that it take measures to address instances of discrimination that impact on equal access of all children to education, health and other social services. The Committee also encourages the State party to adopt a comprehensive strategy to eliminate discrimination on any grounds, including against girls and against all vulnerable groups, such as children with disabilities, children living in the streets, refugee children and children from different ethnic groups. (Paragraphs 26 and 27)

The Committee welcomes the large-scale master plan for reform of the educational system adopted by the State party and the increased share of the State’s budget that is allocated to education. Furthermore, the Committee notes improvements in enrolment rates in both primary and secondary schools, training of teachers, quality of education and equipment of schools, including free meals for children from disadvantaged families. Nevertheless, the Committee expresses its concern that, with increasing age, the majority of children do not go to school and gender disparities, reflecting societal attitudes and poverty, remain a concern. The Committee is also concerned about regional disparities.

The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education:

(a)Ensure that schools covering the years of compulsory education (primary and middle school) are accessible to all children;

(b) Strengthen measures to increase school enrolment rates;

(c) Continue efforts to diminish regional and socio-cultural disparities in the full enjoyment of the right to education at all levels of the educational system, particularly those related to gender;

(d) Take measures to reduce dropout and repetition rates and to enhance transition rates to the next level of school in order to raise completion rates at all levels;

(e)Expand the provision of early childhood education to all regions of the State party;

(f) Continue teacher training and in-service programmes with respect to new curricular subjects and active learning methods; Include human rights education and child rights in the curricula of schools at all levels;

(h)Include emergency and disaster preparedness in school curricula; and

(i)Expand vocational education and training in regular schools and in special training centres, including for children who have dropped out of school. (Paragraphs 62 and 63)

UN Committee on the Elimination of Discrimination against Women
Last reported: 21 July 2011
Concluding Observations issued: 28 July 2011

While welcoming the measures taken by the State party to increase girls' access to, in particular, primary education, such as bringing schools closer to rural communities, creating a new ministry for pre-school education, increasing the number of nurseries and daycares, and providing scholarships and food rations to girls and incentives for parents to send their daughters to school, especially in rural areas, the Committee is concerned about:

(a) The slow increase in the enrolment of girls at the primary level, in particular in rural areas, despite the measures taken by the State party;

(b) Girls' low enrolment at the secondary level, especially in rural areas, and the significant gap between the enrolment rates for girls and boys at the secondary level;

(c) The emphasis on traditionally female dominated fields such as sewing, cooking and hairdressing in professional training and in technical and vocational education for women and girls, potentially confining them to low-paid jobs in their future professions;

The Committee calls on the State party to continue taking measures to ensure equal access of girls and women to all levels of education, such as:

(a) Addressing barriers to women's and girls' education such as negative cultural attitudes, early marriage, excessive domestic duties, the low number of female teachers, lack of safety, and health problems related to FGM;

(b) Awareness-raising among parents, communities, teachers, traditional leaders, and public officials, especially men, about the importance of women's and girls' education;

(d) Ensuring girls' safety and addressing their health needs, including by opening more schools close to rural communities and by building separate and functioning latrines, in particular in primary schools;

(e) Public scholarships for girls and incentives for parents to send their daughters to school, including subsidies, to relieve girls of their domestic work duties;

(f) Adequate educational opportunities for girls and boys with disabilities, including by integrating them into mainstream education;

(g) Technical and vocational training facilitating the professional reinsertion of girls who dropped out of school, also orienting them towards traditionally male dominated careers, e.g. in services, trade and logistics related to the port of Djibouti; (Paragraph 26 and 27)

Universal Periodic Review (February 2009)

14. Continue its efforts in order to counter illiteracy (Turkey) amongst girls (Yemen) and women (Egypt, Kuwait, Syria); (accepted)

17. Continue its efforts to reach the Millennium Development Goals by 2015 (Cuba, Qatar, Saudi Arabia, Jordan, Iran); in particular, it underlined the importance of strengthening the education sector by increasing the number of primary and secondary schools, attaining parity in all levels of schooling and strengthening higher education (Cuba);and increase the number of its primary and secondary schools (Qatar, Jordan, Iran) while expanding higher education (Saudi Arabia) and ensure parity at all levels of education, to strengthen higher education, to curb the high rate of illiteracy among women and to reduce child mortality and mortality among the general population of Djibouti (Iran); (accepted)

19. Continue consolidating its efforts to extend basic education to all children (Venezuela); to further improve access to education for children by increasing the number of primary and secondary schools and by strengthening its higher education system (Malaysia); continue to pay attention to the question of access to education at all levels and enhance its quality. (Belarus); continue efforts to increase the number of neighbourhood primary and secondary schools, and to strengthen higher education (Syria) continue its efforts, already very significant, to provide free schooling for all school-aged children, which will mean that there would be a gradual reduction of illiteracy (Burundi); (accepted)

_____________________________________________________________________

Economic exploitation, including child labour

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

While the Committee notes that child labour is prohibited by law, it notes with regret that this prohibition is not always enforced, and that children are often involved in various types of non-hazardous work including domestic work, agriculture, livestock and other informal activities. The Committee also expresses its regret that a shortage of inspectors reduces the likelihood of investigation of reports of child labour. The Committee expresses its concern that children are also involved in work in inhuman and degrading conditions and are particularly vulnerable to drugs, HIV/AIDS, sexually transmitted infections and early pregnancies.

The Committee urges the State party to ensure that policies, plans and legislation to address child labour, particularly in its worst forms, are implemented and provide effective protection for all children, in particular those belonging to vulnerable groups such as children living in the street and refugee children. The Committee also urges the State party to take concrete action to address the root causes of child labour, including poverty and traditional attitudes. The Committee encourages the State party to seek technical assistance from ILO/IPEC in this regard. (Paragraphs 66 and 67)

UN Committee on the Elimination of Discrimination against Women
Last reported: 21 July 2011
Concluding Observations issued: 28 July 2011

While noting the protection afforded to women in the Labour Code, as well as the State party's efforts to create income generating opportunities for women, the Committee remains concerned about discrimination against women in the labour market, including:

(g) Exploitation of girls in worst forms of child labour, including domestic work.

The Committee recommends that the State party:

(g) Protect girls and boys from exploitative child labour, through increased inspections and fines for employers, in accordance with ILO Convention No. 182 (1999) on Worst Forms of Child Labour, regulate and monitor the working conditions of domestic workers, in particular girls, and consider ratifying the ILO Domestic Workers Convention No. 189 (2011). (Paragraph 28 and 29)

Universal Periodic Review (February 2009)

24. Enhance the efforts being carried out by Djibouti in the areas of child labour, sexual exploitation and begging among children, as well as the low level of births registered in rural areas (Turkey); (accepted)

_____________________________________________________________________

Inadequate sexual and reproductive health care and education

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

[T]he Committee notes with concern that there are no adequate and confidential services for adolescent healthcare and that teenage pregnancy is an increasing problem.

The Committee recommends that the State party, taking into account the Committee’s general comment No.4 (CRC/GC/2003/4) on adolescent health and development in the context of the Convention on the Rights of the Child, increase its efforts to establish more programmes and confidential services in the area of adolescent health and to obtain valid data on adolescent health concerns through, inter alia, studies on this issue. The Committee also recommends that the State party elaborate clear policies and, when applicable, legislation, addressing the prevention of adolescent health-related issues, in particular early pregnancies. (Paragraphs 51 and 52)

UN Committee on the Elimination of Discrimination against Women
Last reported: 21 July 2011
Concluding Observations issued: 28 July 2011

The Committee notes the important measures taken by the State party to extend basic health services to rural communities, reduce maternal mortality and increase women's and girls' access to family planning and reproductive health services. It also takes note of the State party's intention to review its legislation on abortion. However, the Committee is concerned about:

(a) The high maternal mortality rate, including intra-hospital maternal deaths, due to obstetric complications, FGM, early pregnancy, unsafe abortion, and other factors;

(c) The low contraceptive use rate (22.5 percent), exposing women and girls to risk of HIV/AIDS, other sexually transmitted diseases, and early pregnancy;.

In line with its general recommendation No. 24 (1999) on article 12 of the Convention (women and health), the Committee calls on the State party to:

b) Collect disaggregated data on the prevalence of and address early pregnancy and unsafe abortion, through awareness-raising, decriminalisation of abortion in cases of rape and where the life or health of the pregnant woman or girl is in danger, and provision of safe abortion and post-abortion services;

(c) Raise awareness about available contraceptive methods, in particular by integrating sex education into school curricula, especially at the secondary level, and encourage the use of male condoms as a safe and less costly option; (Paragraph 30 and 31)

_____________________________________________________________________

Lack of a comprehensive juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes the State party’s indication during the dialogue that only a very small number of children are in conflict with the law in Djibouti. Nevertheless, the Committee is concerned about the lack of specialised courts for juvenile offenders.

The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well 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 Havana Rules). In particular the Committee recommends that the State party, while taking into account the Committee’s general comment No. 10 on the administration of juvenile justice (CRC/C/GC/10, 2007):

(a) Take all measures to establish a specialised justice system for children;

(b) Take the necessary steps to ensure that persons working with children in the justice system, juvenile judges, etc. receive appropriate training;

(c) Take all necessary measures, including the development of a policy of alternative sanctions for juvenile offenders, to ensure that children are held in detention only as a last resort and for as short a time as possible;

(d) Take all necessary measures to ensure that when detention is carried out, it is done in compliance with the law and respects the rights of the child as set out under the Convention and that children are held separately from adults both in pre-trial detention and after being sentenced;

(e) Take all necessary measures to ensure that children are not ill- treated in detention, that conditions in detention facilities are conducive, to the extent possible, to the child’s development and that their rights, including visitation rights, are not violated, and that cases involving juveniles are brought to trial as quickly as possible; and

(f) Seek technical assistance and other cooperation from the United Nations Interagency Panel on Juvenile Justice, which includes UNODC, UNICEF, OHCHR and NGOs.

UN Committee against Torture
Last reported: 2 and 3 November 2011
Concluding Observations issued: 22 December 2011

In addition, the Committee regrets the absence of a comprehensive juvenile justice system oriented to the education and social integration of children in conflict with the law (art. 2).

[..........] The State party should also take measures to establish a juvenile justice system in compliance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), adopted by General Assembly resolution 40/33 of 29 November 1985, and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), adopted and proclaimed by General Assembly resolution 45/112 of 14 December 1990. (Paragraph 11)

Universal Periodic Review (February 2008)

11. Consider instituting measures to strengthen its institutional and operational capacity in the administration of justice, including the establishment of a juvenile justice system, training of judicial and law enforcement officers who deal with juvenile cases, as well as the development and strengthening of legislative measures to ensure prompt investigation and prosecution of sexual offences against children (South Africa); (accepted)

5. Adopt and implement the legislation and policies concerning children, especially concerning birth registration, violence against children, juvenile justice, street children to name just a few (Slovenia) and to consider legislation which prohibits all forms of violence against children, including corporal punishment, and which promotes alternative forms of discipline (Brazil); (pending)

_____________________________________________________________________

Use of, and conditions in, detention for children, including detention of children with adults

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee is also concerned over the fact that juveniles as young as 13 years old can be detained for long periods of time, that there are no separate facilities to detain children apart from adults and that alternative responses to offences are at the discretionary power of the court.

[The Committee recommends that the State party]:

(c) Take all necessary measures, including the development of a policy of alternative sanctions for juvenile offenders, to ensure that children are held in detention only as a last resort and for as short a time as possible;

(d) Take all necessary measures to ensure that when detention is carried out, it is done in compliance with the law and respects the rights of the child as set out under the Convention and that children are held separately from adults both in pre-trial detention and after being sentenced;

(e)Take all necessary measures to ensure that children are not ill- treated in detention, that conditions in detention facilities are conducive, to the extent possible, to the child’s development and that their rights, including visitation rights, are not violated, and that cases involving juveniles are brought to trial as quickly as possible;

UN Committee against Torture
Last reported: 2 and 3 November 2011
Concluding Observations issued: 22 December 2011

Moreover, the State party does not distinguish between minors and adults in detention (arts. 11 and 16).

The State party should take urgent measures to bring the conditions of detention in police stations, prisons and other places of detention into line with the Standard Minimum Rules for the Treatment of Prisoners, as well as with other relevant standards, in particular by:

(d) Ensuring that minors, whether in pretrial detention or convicted, are effectively separated from adults, in accordance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), adopted by General Assembly resolution 40/33 of 29 November 1985, and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by General Assembly resolution 45/113 of 14 December 1990. (Paragraph 17)

_____________________________________________________________________

Violence against children

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

The Committee notes that a unit has been established to provide advice, guidance and support to children and other victims of violence. It is concerned, however, that there is no comprehensive strategy to deal with this problem.

With reference to the United Nations Secretary-General’s Study on violence against children, the Committee recommends that the State party:

(a) Take all necessary measures to implement the recommendations of the United Nations Study on violence against children (A/61/299) taking into account the outcome and recommendations of the Regional Consultation for the Middle East and North Africa (held in Cairo from 27-29 June 2005). In particular, the Committee recommends that the State party pay particular attention to the following recommendations:

(i) Prohibit all forms of violence against children

(ii) Strengthen national and local commitment and action

(iii) Promote non-violent values and awareness-raising

(iv) Enhance the capacity of all who work with and for children

(v) Ensure accountability and end impunity

(b) Use the recommendations of the Study as a tool for action in partnership with civil society and, in particular, with the involvement of children to ensure that all children are protected from all forms of physical, sexual and psychological violence and to gain momentum for concrete and time-bound actions to prevent and respond to such violence and abuse; and

(c) Seek technical cooperation in this respect from OHCHR, UNICEF and WHO and other relevant agencies, inter alia, ILO, UNESCO, UNHCR, UNODC as well as NGO partners. (Paragraphs 37 and 38)

The Committee notes Djiboutian law does not specifically provide for the separation of children from their parents, as a last resort, in cases of abuse or neglect. The Committee further notes that the separation of a child from his or her parents is, in general, not easily feasible due to a lack of appropriate infrastructure. The Committee is concerned that existing legislation has not been used to deal seriously with child abuse, and that punishment for perpetrators of such acts generally are light.

The Committee recommends that the State party take all necessary legislative, policy and other measures, and ensure that they are implemented, in order to address and prevent abuse and neglect of children and to provide for the care, recovery and reintegration of child victims. Such measures would include the creation of appropriate infrastructure in cases where, as a last resort, children have to be separated from their parents due to abuse and neglect and the introduction of mandatory reporting of abuse and neglect of children. (Paragraphs 45 and 46)

UN Committee against Torture
Last reported: 2 and 3 November 2011
Concluding Observations: 22 December 2011

The State party should strengthen its efforts to prevent, combat and punish violence against women and children and harmful traditional practices, in particular in rural areas. The Committee endorses the recommendations addressed to the State party during the universal periodic review of Djibouti (A/HRC/11/16, para. 67, subparas. 18 and 25; para. 68, subparas. 3 and 8), as well as the recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/DJI/CO/1-3, paras. 18 and 19) and of the Committee on the Rights of the Child (CRC/C/DJI/CO/2, para. 56). Furthermore, the State party should provide victims with rehabilitative as well as legal, medical and psychological services, along with compensation. It should also create adequate conditions allowing victims to report incidents of harmful traditional practices and domestic and sexual violence without fear of reprisal or stigmatisation. The State party should provide training to judges, prosecutors, police officers and community leaders on the strict application of the Criminal Code and the criminal nature of harmful traditional practices and other forms of violence against women. (Paragraph 21)

Universal Periodic Review (February 2009)

5. Adopt and implement the legislation and policies concerning children, especially concerning birth registration, violence against children, juvenile justice, street children to name just a few (Slovenia) and to consider legislation which prohibits all forms of violence against children, including corporal punishment, and which promotes alternative forms of discipline (Brazil); (pending)

_____________________________________________________________________

Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, October 2008)

While the Committee takes note of the State party’s indication that corporal punishment has been forbidden in schools and that the Educational Plan of Action 2006-2008 lauds the implementation of measures prohibiting corporal punishment the Committee is concerned that children are still subjected to corporal punishment, particularly in the home.

The Committee recommends that the State party explicitly prohibit by law all forms of violence against children, including corporal punishment, in all settings, including in the family, schools, alternative childcare and places of detention, and implement those laws effectively. It also recommends that the State party intensify its awareness-raising campaigns in order to promote the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in accordance with the Convention, taking into account the Committee’s general comment No.8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8, 2006). (Paragraphs 35 and 36)

UN Committee against Torture
Last reported: 2 and 3 November 2011
Concluding Observations issued: 22 December 2011

The Committee notes with concern that the use of corporal punishment as a disciplinary measure in the home is not prohibited, according to the interpretation of the provisions of the Criminal Code (1995), the Family Code (2002) and the Constitution (art. 16).

The State party should consider amending its Criminal Code and revised Family Code to prohibit the use of corporal punishment in all settings, including the home, and to raise public awareness of positive, participatory and non-violent forms of discipline. (Paragraph 23)

Universal Periodic Review (February 2009)

5. Adopt and implement the legislation and policies concerning children, especially concerning birth registration, violence against children, juvenile justice, street children to name just a few (Slovenia) and to consider legislation which prohibits all forms of violence against children, including corporal punishment, and which promotes alternative forms of discipline (Brazil); (pending)

_____________________________________________________________________

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.