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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: ----------------------------------------- Birth registration: discrimination against minority groups UN Committee on the Rights of the Child - Concluding Observations 2008 35. The Committee welcomes the efforts and achievements made by the State party with respect to registering children born in its territory. The Committee also notes that an additional registration system was established in order to issue an attestation called “pink certificate” to mothers, who are not documented residents of the Dominican Republic. However, the Committee is seriously concerned that a large number of children still remains unregistered and that the ‘pink certificate’ can be used as a base of discrimination of these children and exclusion from the right to a nationality. The Committee appreciates that the government has ordered schools to also enrol children without a birth certificate, regrettably up to the sixth grade only, but is still concerned CRC/C/DOM/CO/2 Page 8 that unregistered children may encounter problems when they want to use services and provisions which should be accessible to all children. 36. The Committee recommends that the State party: (a) ensure the right of each and every child to be registered; (b) revise all procedures to make sure that newborn children receive a birth certificate and that in particular children from marginalized and vulnerable groups have easy access to the registration procedures; (c) ensure that birth attestations are not used as the basis for discrimination of children due to the differences in the type of issuance of the so-called ‘pink certificates’; (d) establish an effective and cost-free procedure, which provides a birth certificate for all children up to age 18, who have not yet a birth certificate. UN Human Rights Committee - 2012 Last reported: 12 / 13 March 2012 The Committee is concerned at reports concerning children of Haitian origin born in theDominican Republicwho are deprived of access of official documentation on account of their origins (art. 24). Para 23. The State party should ensure that all children born within its territory are registered and receive an official birth certificate. UN Committee on Economic, Social and Cultural Rights The Committee regrets the absence of a comprehensive anti-discrimination law, despite provisions in existing legislation promoting equality and prohibiting discrimination in specific areas. The Committee is also concerned about the discriminatory impact of certain laws and practices, especially those linked to nationality and birth registration (art. 2, para. 2). (Paragraph 10). The Committee urges the State party to adopt a comprehensive anti-discrimination law spelling out all the prohibited grounds for discrimination, as set out by article 2, paragraph 2, of the Covenant and taking into account the Committee's general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. UN Committee on the Elimination of Racial Discrimination The Committee is concerned about: (a) the State party’s refusal to issue duplicate birth certificates, identity cards and passports to Dominicans of Haitian origin; (b) the fact that young people who have turned 18 since 2007 are unable to obtain an identity card owing to the retroactive application of the Migration Act (No. 285-04); (c) the refusal to issue birth certificates for children of Dominicans of Haitian origin. These all lead to a situation of statelessness (art. 1 (3) and art. 5 (d) (iii)). Paragraph 19. The Committee recommends that the State party: remove the administrative obstacles to issuing identity documents to Dominicans of Haitian origin and restore any such documents that have been confiscated, cancelled or destroyed by the authorities; ensure that Dominican citizens of Haitian origin are not deprived of their right to nationality; and adopt non-discriminatory policies with regard to identity documents, guaranteeing due process (CERD/C/DOM/CO/12, para. 16). UN Committee on the Elimination of Discrimination against Women The Committee is deeply concerned that women of Haitian descent and their children are faced with great difficulties regarding recognition or acquisition of the Dominican nationality, which places them at risk of statelessness or an uncertain residence status for prolonged periods. In particular, it notes that the definition of nationality in the Constitution (art.18) and in Law No. 285/2004 on migration and the practice according to Circular 17 and/or Resolution 12 of the Central Electoral Board exclude women of Haitian descent and their children, who cannot show proof of their Dominican Republic nationality. The Committee is concerned that the exception to the jus soli principle relating to “foreigners in transit” is systematically applied in an excessively broad fashion even to women who have spent many years, if not their whole life in the Dominican Republic and to migrant women without proof of a regular status, and whose children therefore cannot receive Dominican nationality at birth. The Committee is deeply concerned about the implementation of the law by the Central Electoral Board that denies citizenship to women of Haitian descent and their children born in Dominican Republic. It is further concerned at the difficulties for women to obtain a birth certificate for their children, that is necessary for exercising many rights according to the Convention. The Committee takes note of the regularisation plan envisaged by the State party. Para 30. 31. The Committee recommends that the State party: (a) Review the legal provisions on nationality and their implementation to women of Haitian descent and to their children; (b) Remove all the obstacles for women of Haitian descent and women of uncertain status to obtain birth certificates for their children, ensuring them access to all rights; (c) Adopt a flexible procedure for the regularisation of women of Haitian descent and their children, taking into account the length of their presence in the State party; and (d) Ensure that the Central Electoral Board guarantees due process of law in all review procedures regarding nationality and migration status. Special Rapporteur on Racism and Independent Expert on Minorities The official birth certificate is required for registering for schools, obtaining health insurance and for accessing other public services. It is also required in order to obtain a passport up to the age of 18. Upon the birth of a child in the Dominican Republic parents receive a document from the hospital, clinic or midwife called constancia de nacimiento (declaration of birth) which must be submitted to the registration office, which in turn registers the birth and issues a birth certificate. At the age of 18 it becomes necessary for individuals to obtain a cédula de identidad. The cédula is a vital document for adults in both public and private spheres, including for enrolment in university and obtaining lawful employment, for eligibility for health insurance and social security, and for the right to vote. It is also necessary for purchasing property, getting married and for registering and baptizing children. The cédula is valid for four years after which it must be renewed. (Paragraph 53) The Government previously allowed Dominican birth certificates to be issued to children of Haitian workers who declared their children on the basis of fichas. Haitian migrant workers employed by sugar companies were previously issued with a ficha, a document which gave them limited temporary permission to remain in the Dominican Republic on the basis of their employment contract. Despite the fact that these children were registered as Dominican nationals, they are now unable to obtain cédulas, copies or renewals of identity documents, due to new laws and policies that are seeking to retroactively change their civil status. (Paragraph 65) Universal Periodic Review – 2009 A – 88.29. Make more efforts to guarantee the right of all children to be registered immediately after birth through a simplified and inclusive procedure, thus allowing them access to basic social services such as education and health (Uruguay); ----------------------------------------- UN Committee on the Rights of the Child - Concluding Observations 2008 47. With reference to the United Nations Secretary-General’s Study on violence against children (A/61/299), the Committee recommends that the State party: (a) Take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the report of the independent expert of the United Nations study on violence against children; (b) Use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children, to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse; (c) Seek technical assistance from UNICEF, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the CRC/C/DOM/CO/2 Page 10 World Health Organization (WHO) for the above mentioned purposes. UN Committee on the Elimination of Discrimination against Women Last reported: 12 July 2013 The Committee notes with concern the high incidence of violence against women in the State party, including sexual and domestic violence, and considers the special vulnerability of young women and women with disabilities to different forms of violence. While noting the State party’s efforts to combat violence against women and to collect disaggregated data on violence against women, the Committee expresses concern about the absence of a unified system and procedure to record reports on violence against women received by the Attorney General’s Office. The Committee welcomes the current amendment to the Criminal Code to criminalize “intimate femicide”; however, it remains concerned that other serious forms of violence against women have not been specifically criminalized. The Committee is also concerned about: a) the limited number of prosecutions and convictions of perpetrators of violence against women, b) the high vulnerability of victims, and c) the lack of gender-sensitive procedures and protocols to attend to women and girls who are victims of violence. Para 24. 25. In accordance with its General Recommendation No. 19 (1992) on violence against women and the recommendations contained in its previous Concluding Observations (A/59/38(SUPP) para. 295), the Committee urges the State party to: (a) Develop, as a matter of priority, a national plan of action to prevent and combat violence against women, and adopt a comprehensive law on violence against women that provides for risk assessments for victims, early warning mechanisms, and awareness-raising about the different forms of violence against women, bearing in mind special needs in terms of accessibility of information for marginalised women, and women with disabilities; (b) Strengthen the judicial system in order to apply the Law on violence against women and to provide measures to protect potential victims, including restraining orders against perpetrators; (c) Adopt specific protocols to unify procedures to report cases of violence against women, and create a database to compile and periodically update data on such violence; (d) Amend the Criminal Code in order to criminalize all forms of violence against women; and (e) Ensure that women and girls, who are victims of violence, including women with disabilities, have adequate access to medical, psycho-social and legal assistance, as well as to victim and witness protection programmes. Universal Periodic Review - 2009 A – 88.27. Seek technical assistance in the field of violence against children (Slovenia);7 ----------------------------------------- Legality of corporal punishment in some settings UN Committee on the Rights of the Child - Concluding Observations 2008 45. The Committee notes the clear definition of physical abuse established in Law No. 136-03 and welcomes that corporal punishment has been made unlawful in schools and abolished as a sentence in the justice system. The Committee is concerned that no explicit prohibition for corporal punishment exists for all other settings, including in the educational setting, in institutions of alternative care and in the family environment. 46. The Committee recommends that the State party explicitly prohibit corporal punishment in all settings by law as a matter of priority and provide training for parents and all professionals involved with children on alternative forms of discipline, in line with the Committee’s General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8). Universal Periodic Review - 2009 A 14.Prohibit corporal punishment of children in all settings (Slovenia); ----------------------------------------- Children with disabilities' access to education UN Committee on the Rights of the Child - Concluding Observations 2008 58. The Committee notes that the programmes and initiatives for children with disabilities, including the funding of special education centres for children with disabilities which have led to relatively high attendance rates in some provinces, but is concerned that services in other provinces, inter alia San Juan de la Maguana and San Jose de Ocoa, are scarcely only available. Furthermore, the Committee is concerned that the capacities of many children with disabilities are not promoted in an appropriate way and that these children are not included in the regular educational system to the extent possible. The Committee is also concerned at the high number of children with disabilities living in institutions, which may result from insufficient support for parents, who would like to care for their child at home. 59. The Committee recommends that the State party, take into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and (a) ensure the implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993; (b) strengthen efforts to ensure the right to education of children with disabilities to the maximum extent possible everywhere in the Dominican Republic; (c) better support parents who wish to care for their child at home, and develop community based services for children with disabilities, including early intervention for infants with developmental disabilities in order to assist these parents; and (d) carefully monitor the rights of the high number of children with disabilities living in institutions in order to better protect them against violations of their rights. 60. The Committee recommends that the State party ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol, both signed on 30 March 2007. UN Human Rights Committee The Committee regrets the continuing serious constraints on the access of persons with disabilities to education, cultural, health and labour services and on their integration and participation in society (arts. 2 and 26). Para 9. The State party should increase its efforts to ensure the full integration and participation in society of persons with disabilities. In that connection, the State party should implement the provisions of the Convention on the Rights of Persons with Disabilities. ----------------------------------------- Discrimination against minority groups UN Committee on the Rights of the Child - Concluding Observations 2008 27. The Committee welcomes that Law No. 136-03 provides an unquestionable legal basis to combat all forms of discrimination against children. However, the Committee is seriously concerned that children of Haitian immigrants and Haitian descendents have restricted access to education, health and social services to which all children on the territory of the Dominican Republic are equally entitled according to the Convention. Measures adopted to legalize the status of illegal immigrants were only partially successful or even counterproductive, also because of widely shared discriminatory practices in the population and in administrative bodies against children of migrants and other origin. The Committee also notes that girls are not given the same status of boys in legal regulations, family and society as e.g. evident in the different regulation for the marriage age of boys and girls. Also poor children, children from remote rural areas and children living and working in the streets are excluded from the full implementation of child rights. 28. The Committee urges the State party to review all laws and regulations in order to examine, whether they clearly prohibit any differential treatment of children with regard to race, colour, sex, national, ethnic or social origin, disability, birth or other status and to ensure the full implementation of these laws, which guarantee the right to equal treatment and non-discrimination. The Committee also recommends that the State party launches massive public campaigns which combat discriminatory attitudes and behaviours and that the State party trains the staff of all governmental and public institutions with respect to the equal rights of all children on the territory of the Dominican Republic. UN Committee on Economic, Social and Cultural Rights Last reported: 3 / 4 November 2010 Discrimination and minority groups: The Committee reiterates its concern that racial prejudice and discrimination against Haitians and Dominicans of Haitian descent in the State party persists. It regrets that five years after the judgment by the Inter-American Court of Human Rights in the Yean and Bosico case, children of Haitian descent born in the State party continue to suffer discrimination, in particular through the revocation of identity documents as a result of the application of Law No. 285-04 on Migration of 2004, Resolution No. 017 by the Dominican Electoral Board in 2007, and article 18.3 of the Constitution of 2010. The Committee notes that the non-renewal of residency documents has increased the exposure of Haitian children and Dominican children of Haitian descent, especially, to discriminatory practices. The Committee is also concerned that the aforementioned Law No. 285-04 on Migration expanded groups of children denied their right to Dominican nationally making them effectively stateless and that this law is applicable retroactively. The Committee is in particular concerned that the approach taken by Law No. 285-04 on Migration of 2004 has been integrated into the 2010 Constitution of the State party (art. 2, para. 2). (Paragraph 11). The Committee recommends that the State party adopt the necessary measures to prevent, diminish and eliminate the conditions and attitudes which cause or perpetuate formal or de facto discrimination against Haitians and Dominicans of Haitian descent. It also urges the State party to ensure birth registration with regard to these groups and guarantee their economic, social and cultural rights. It urges the State party to reconsider the regulations relating to the citizenship of children of Haitians and Dominicans of Haitian descent, in particular, by ensuring a non-discriminatory access to the Dominican nationality, irrespective of date of birth. UN Committee on the Elimination of Discrimination against Women Nationality: The Committee is deeply concerned that women of Haitian descent and their children are faced with great difficulties regarding recognition or acquisition of the Dominican nationality, which places them at risk of statelessness or an uncertain residence status for prolonged periods. In particular, it notes that the definition of nationality in the Constitution (art.18) and in Law No. 285/2004 on migration and the practice according to Circular 17 and/or Resolution 12 of the Central Electoral Board exclude women of Haitian descent and their children, who cannot show proof of their Dominican Republic nationality. The Committee is concerned that the exception to the jus soli principle relating to “foreigners in transit” is systematically applied in an excessively broad fashion even to women who have spent many years, if not their whole life in the Dominican Republic and to migrant women without proof of a regular status, and whose children therefore cannot receive Dominican nationality at birth. The Committee is deeply concerned about the implementation of the law by the Central Electoral Board that denies citizenship to women of Haitian descent and their children born in Dominican Republic. It is further concerned at the difficulties for women to obtain a birth certificate for their children, that is necessary for exercising many rights according to the Convention. The Committee takes note of the regularisation plan envisaged by the State party. Para 30. 31. The Committee recommends that the State party: (a) Review the legal provisions on nationality and their implementation to women of Haitian descent and to their children; (b) Remove all the obstacles for women of Haitian descent and women of uncertain status to obtain birth certificates for their children, ensuring them access to all rights; (c) Adopt a flexible procedure for the regularisation of women of Haitian descent and their children, taking into account the length of their presence in the State party; and (d) Ensure that the Central Electoral Board guarantees due process of law in all review procedures regarding nationality and migration status. Special Rapporteur on Racism and Independent Expert on Minorities Racist acts: Government officials acknowledged the possibility that sporadic, individual acts of racism may take place, though emphasizing that such cases would be the result of the motivation of private individuals and, therefore, could not in any case be attributed to an official policy of the Government. Mention was made in this regard of two allegedly racially discriminatory incidents that occurred in the past months in Santo Domingo: in the first one, in which an African-American US Embassy employee was denied access to a nightclub, the experts were told that relevant State authorities had formally complained to the owner of the nightclub; in the second one, in which a female student was killed following an incident in which a black young woman was denied access to another nightclub, State officials indicated that the national district first investigative judge ordered the temporary closure of the club premises in order to allow for a proper investigation of the facts. (Paragraph 24) ----------------------------------------- Child labour, especially in the agricultural sector UN Committee on the Rights of the Child - Concluding Observations 2008 80. The Committee notes that despite the Labour Code previsions defining a minimum age for children’s employment and types of acceptable work, child labour is still a major problem in the Dominican Republic and that increasing number of children, aged between 5and 14 years are working especially in services in urban areas and agriculture in rural areas. The Committee also notes the adoption by the State party of the National Strategic Plan for the Elimination of the Worst forms of Child Labour 2006-2015. It notes with interest that the Government, in the context of the ILO/IPEC time-bound programme (TBP), is carrying out several programmes of action, particularly in the agriculture sector regions (as Constanza, San Jose de Ocoa) domestic work by children in Santiago and urban child labour in Santo Domingo. 81. The Committee recommends that the State party (a) enforce the Labour Code, strengthen the inspection system and impose effective penalties in case of violations of the Provisions related to child labour, if the Code is violated; (b) Continue, strengthen and enhance its efforts to eliminate child labour and its worst forms; (c) Ensure that children are enrolled in education and are protected from the harmful effects of child labour; (d) continue the information system about child labour and collect disaggregated reliable data on working children, including those who work in the informal sector, inter alia as domestics servants; (e) Continue to seek assistance of the ILO/IPEC programme. UN Human Rights Committee The Committee commends the State party for the information provided on initiatives undertaken to prevent child labour. Nevertheless, the Committee is concerned at the serious situation of boys and girls who are victims of child labour, especially in the domestic and agricultural sectors (arts. 8 and 24). Para 18. The State party should continue its efforts to implement existing policies and laws that are designed to eradicate child labour, including through public information and education campaigns on the protection of children’s rights. The State party should ensure that children have special protection, in accordance with article 24 of the Covenant. Lastly, the State party should ensure that this practice is prosecuted and punished and should keep reliable statistics in order to combat it effectively. UN Committee on Economic, Social and Cultural Rights The Committee is concerned that despite the efforts of the State party, child labour continues to be widespread, especially in agriculture and the informal sector (art 10, para. 3). (Paragraph 23). The Committee recommends that the State party intensify its efforts to combat child labour, including through labour inspections in agriculture and the informal sector, ensuring that employers exploiting child labour are held accountable. It also recommends that victims of child labour are rehabilitated. The Committee calls on the State party to undertake awareness-raising campaigns with a view to eradicating socially accepted child labour. ----------------------------------------- UN Committee on the Rights of the Child - Concluding Observations 2008 70. The Committee welcomes the clear improvements that have taken place in the area of education but is concerned that not all children are enrolled in primary school, in particular children of the migrant population and children living in remote areas, and that high repetition and dropout rates cause that only approximately 60% of children CRC/C/DOM/CO/2 Page 15 are completing the basic educational cycle. The Committee also regrets the low secondary school enrolment and is concerned about the lower enrolment of boys compared to girls at this school level and the early termination of school attendance by pregnant girls who are not encouraged to continue education. The Committee also notes that while the percentage of public spending on education has increased, it remains one of the lowest in the region at less than 4% of GDP. 71. The Committee recommends that the State party: (a) Continue to significantly increase the budget allocations for education on all levels and expand support to families unable to cover the indirect costs of school and learning; (b) Strengthen efforts to enrol all children in school, including children of the migrant population and children in remote areas and to reduce dropout rates in order to ensure the right to education for all children living on the territory of the Dominican Republic; (c) Place increased emphasis on boys completing their secondary education and encourage the high number of girls leaving the educational system due to pregnancy UN Committee on Economic, Social and Cultural Rights The Committee is concerned that public education is severely underfunded despite the obligations set forth in article 63 (10) of the Constitution and the General Law on Education No. 66-97. According to data from the State party, the goal for financing education set by law is 4 per cent of GDP, however, in 2010 it was 2.4 per cent and in 2011 the budget proposal is 1.98 per cent of GDP (arts. 13 and 14). (Paragraph 32). The Committee urges the State party to ensure a sufficient budget allocation to the education sector, in particular with a view to guaranteeing universal free primary education. UN Committee on the Elimination of Discrimination against Women Concluding Observations issued: 23 July 2013 The Committee notes with appreciation the increasing access of women to all levels of education, although it recognises that discriminatory and sexist practices in education sector still persist. It notes the persistence of traditional stereotypes discriminating against women and girls in textbooks at the primary level of education, despite the efforts to review and align them with the principle of non-discrimination. The Committee regrets the lack of gender disaggregated data and information about courses pursued by girls, data on the access to education of refugee women, women of Haitian origin and their descendants, as well as women and girls with disabilities. The Committee notes the absence of research, disaggregated statistics, and measures to prevent drop out of girls and the situation of pregnant adolescents at schools. It also expresses its concern about the lack of measures to provide inclusive education for girls and women with disabilities, and the persistence of gender bias in the career choices for women. Para 32. 33. The Committee recommends that the State party: (a) Continue its efforts to change cultural patterns that reproduce gender discrimination in education; (b) Conduct research and develop a system to collect disaggregated information about the situation of women of Haitian descent, refugee women and women and girls with disabilities in the field of education; (c) Adopt measures at the level of academic institutions to collect data on drop-out rates, in connection with teenage pregnancy, and implement measures to protect girls from discriminatory practices on the basis of their nationality; (d) Include, for adolescent girls and boys, age appropriate education on sexual and reproductive rights in school curricula, including issues on gender relations and responsible sexual behaviour with the aim of prevention early pregnancies; and (e) Adopt temporary special measures to promote and facilitate access of women to non-traditional fields of education and careers. Universal Periodic Review - 2009 A A - 35. Promote access to basic and secondary education and health care for all children and adolescents, without having these services depend on the possession of a valid birth certificate (Chile); A - 36. Include intercultural education in school curricula (Egypt); A - 37. Continue strengthening the good educational policy with a view to ensuring the full school enrolment of those who due to lack of resources are excluded from the education system, as the only way of moving forward to its full development and achieving true social well-being (Venezuela); A - 38. Continue providing access to quality education without discrimination for the population of school age throughout the country (Bolivia); A - 39. Include all children in education regardless of their registration status, as recommended by the Committee on the Rights of the Child (Bosnia and Herzegovina); Special Rapporteur on Racism and Independent Expert on Minorities Representatives of the Ministry of Education and the National Council for Childhood and Adolescence (CONANI) highlighted that the right to education for all children is provided for in article 4 of the General Education Act, No. 66-97. This article states that "(a) Education is a permanent and inalienable human right. To ensure its effective enjoyment, everyone has the right to comprehensive education allowing the development of his or her personality and the performance of a socially useful activity in accordance with his or her aptitudes and with the local and national interest, without any discrimination on the grounds of race, sex, belief, economic and social status or any other basis". It was emphasized that the universal right to education is also provided for in Act No. 136-03, establishing the Code for the System of Protection of the Fundamental Rights of Children and Adolescents, which provides that "The provisions of this Code apply equally to all children and adolescents without any discrimination whatsoever on the grounds of race, colour, sex, age, language, opinion, conscience, religion, belief, culture, political or other views, economic status, social, ethnic or national origin, disability, illness, birth in a high-risk situation, or any other circumstance of the child or adolescent, his or her parents, representatives or guardians or of his or her family members". (Paragraph 19) Education: Numerous young people of Haitian descent, born in the Dominican Republic reported that it is not possible for them to obtain the required cédula, and hence impossible for them to pursue their education beyond the sixths grade or enter university. There is also some indication that a birth certificate is requested of students who register for primary school. Some expressed deep frustration, noting that they wanted to study, gain skilled work and make a full contribution to Dominican society as Dominicans, but were being prevented from doing so, with implications for their sense of identity as Dominicans, despite having spent their lives in the Dominican Republic. (Paragraph 82) ----------------------------------------- Trafficking and monitoring systems in place Human Rights Committee
Concluding Observations issued: 19 April 2012
Last reported: 3 / 4 November 2010
Concluding Observations issued: 26 November 2010
Last reported: February 22 and 25 February 2013
Concluding Observations issued: 19 April 2013
Last reported: 12 July 2013
Concluding Observations issued: 23 July 2013
Doudou Diène and Gay McDougall, respectively (A/HRC/7/19/Add.5 and A/HRC/7/23/Add.3 )
Country visit: 23 - 29 October 2007
Report published: 18 March 2008
Concluding Observations issued: 23 July 2013
Last reported: 12 / 13 March 2012
Concluding Observations issued: 19 April 2012
Concluding Observations issued: 26 November 2010
Last reported: 12 July 2013
Concluding Observations issued: 23 July 2013
Doudou Diène and Gay McDougall, respectively (A/HRC/7/19/Add.5 and A/HRC/7/23/Add.3 )
Country visit: 23 - 29 October 2007.
Report published: 18 March 2008
Last reported: 12 / 13 March 2012
Concluding Observations issued: 19 April 2012
Last reported: 3 / 4 November 2010
Concluding Observations issued: 26 November 2010
Last reported: 3 / 4 November 2010
Concluding Observations issued: 26 November 2010
Last reported: 12 July 2013
Doudou Diène and Gay McDougall, respectively (A/HRC/7/19/Add.5 and A/HRC/7/23/Add.3 )
Country visit: 23 - 29 October 2007
Report published: 18 March 2008
Last reported: 12 / 13 March 2012
Concluding Observations issued: 19 April 2012
Trafficking: The Committee is concerned at the increasing number of cases of trafficking in persons, which mainly affect women and children, and the fact that only a few cases have resulted in investigations, prosecution and sentences. The Committee also regrets the limited number of shelters available for victims of trafficking in persons, especially in areas far from the main cities (arts. 3, 7 and 8 of the Covenant). Para 17.
The State party should investigate effectively the issue of trafficking in persons, identify those responsible, prosecute them and impose penalties that are commensurate with the seriousness of the acts. It should ensure that the victims’ rights are protected, including through the provision of shelters in all regions of the country. In addition, the State party should compile reliable statistics in order to combat this scourge effectively.
UN Committee on Economic, Social and Cultural Rights
Last reported: 3 / 4 November 2010
Concluding Observations issued: 26 November 2010
Trafficking: The Committee is concerned about the problem of trafficking in human beings in the State party where persons, in particular women and children continue to be trafficked from, through and within the country for the purposes of sexual exploitation and forced labour. It is concerned by the lack of adequate funds to enforce and monitor the National Action Plan against the Trafficking of Persons and Smuggling of Migrants and the lack of measures for the rehabilitation of victims of trafficking and exploitation (art. 10, para. 3). (Paragraph 22).
The Committee recommends that the State party intensify its efforts to combat human trafficking, especially of women and children, for purposes of sexual exploitation and forced labour, inter alia by prosecuting and convicting offenders of the law against trafficking, supporting programmes and public awareness campaigns to prevent trafficking — in particular emphasizing that trafficking of women and children for sexual exploitation is a criminal offence, providing mandatory training for law enforcement officials, prosecutors and judges on the anti-trafficking legislation and increasing the provision of medical, psychological and legal support for victims.
UN Committee on the Elimination of Discrimination against Women
Last reported: 12 July 2013
Concluding Observations issued: 23 July 2013
Trafficking: The Committee considers with appreciation the legal framework in place to combat trafficking and smuggling of persons, however, it is concerned about: Para 26.
(a) The extent of trafficking in human beings, especially women and girls, in, from, to and in transit through the State party, as well as about sexual exploitation of women and girls;
(b) The high risk of women of Haitian origin becoming victims of trafficking;
(c) The absence of effective measures to prevent trafficking such as pre-departure counselling for women migrants on the risks of trafficking, investigating and prosecuting cases of collusion of law enforcement officials with traffickers and smugglers, and strengthening the referral mechanisms to identify and protect victims of trafficking, despite the State party’s efforts to raise awareness about trafficking and smuggling of persons;
(d) The lack of official data on trafficking of women and girls;
(e) The low number of prosecutions and convictions of perpetrators, despite the establishment of a specialized Unit at the Attorney General’s Office to prosecute trafficking, smuggling, commercial and sexual exploitation and child labour; and
(f) The prevalence of adolescent prostitution in the State party.
27. The Committee calls upon the State party to: Para 27.
(a) Strengthen efforts to provide protection, remedies and reparations for women victims of trafficking and sexual exploitation, in collaboration with NGOs and international cooperation agencies;
(b) Include as part of its strategy to combat trafficking, measures to provide legal advice for women, including women of Haitian origin, and to strengthen oversight and the enforcement of sanctions for law enforcement officials involved in cases of trafficking;
(c) Devise a comprehensive system to collect gender disaggregated data about trafficking in persons and smuggling;
(d) Ensure that traffickers and smugglers are prosecuted and adequately punished, by providing systematic training to judges, prosecutors and other law enforcement officials on the investigation and adjudication of cases of trafficking and smuggling, and increase the number of shelters for women victims of trafficking;
(e) Develop bilateral and multilateral cooperation agreements with countries of origin and destination; and
(f) Address the root causes of prostitution of women and girls in order to eliminate their vulnerability to sexual exploitation and ensure their rehabilitation and social reintegration.
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UN Committee on the Rights of the Child - Concluding Observations 2008
84. The Committee notes the lack of reliable data on children who are commercially sexually exploited, but is concerned about information indicating that the problem is widespread, with major concentrations in the touristic areas. The Committee acknowledges the existence of a Plan of Action against Abuse and Commercial Sexual Exploitation and welcomes that some perpetrators have been brought to justice, but is concerned that no sufficient efforts have been made to eradicate child prostitution.
85. The Committee recommends that the State party strengthen its multi-sectoral policies, including the effective participation of all relevant Ministries, in order to take account of social issues such as poverty, violence as well as the lack of education and employment opportunities.
Independent Expert on extreme poverty
Country visit: 3 December to 6 December 2001
Report published: 16 January 2003
Gendered issues: Following a visit to a bateye neighbourhood and some poor districts, it was clear to the independent expert that the situation of women in these areas remains difficult. Many are teenagers when they first become pregnant and they subsequently bear large numbers of children. The hold which the Catholic Church exerts on society accounts for the continuing ban on abortion, which encourages recourse to backstreet abortions and explains the half-heartedness of family planning initiatives. Prostitution is a source of income for many young women who cannot find work. (Paragraph 6)
Universal Periodic Review - 2009
A 23. Increase efforts to combat existing discrimination among children, as reported by the Committee on the Rights of the Child, by taking effective measures against any form of exploitation of children, especially girls, including for prostitution, pornography and domestic work (Italy);
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UN Human Rights Committee
Last reported: 12 / 13 March 2012
Concluding Observations issued: 19 April 2012
The Committee expresses its concern at the general criminalization of abortion, which obliges pregnant women to seek clandestine abortion services that endanger their lives and health. The Committee is also concerned at the persistently high indices of adolescent pregnancy and maternal mortality, despite the State party’s prevention efforts (arts. 6 and 17). Para 15.
The Committee recommends that the State party should review its legislation on abortion and make provision for exceptions to the general prohibition of abortion for therapeutic reasons and in cases of pregnancy resulting from rape or incest. The State party should ensure that reproductive health services are accessible for all women and adolescents. Furthermore, the State party should increase education and awareness-raising programmes, both formal (at schools and colleges) and informal (in the mass media), on the importance of using contraceptives and the right to reproductive health.
UN Committee on Economic, Social and Cultural Rights
Last reported: 3 / 4 November 2010
Concluding Observations issued: 26 November 2010
The Committee expresses concern about the persistently high maternal mortality rate and the overall low quality in maternal health care, the increasing number of teenage pregnancies, the high number of unsafe abortions involving girls between 12 and 18 years old, as well as the lack of adequate and accessible sexual and reproductive health care and education services (arts. 10 and 12). (Paragraph 28).
The Committee recommends that the State party undertake all necessary measures to decrease the maternal mortality rate including measures to improve the quality of maternal care, including prenatal health services and medical assistance at birth. It encourages the State party to ensure affordable access for everyone to comprehensive family planning services, including adolescents, and to raise public awareness and education on sexual and reproductive health.
Universal Periodic Review - 2009
A -88. 26. Taking into account the determination of the Government to protect the right to life and the danger of the practice of illegal abortions, provide guarantees in legislation for the mental and physical integrity of women, especially children who have undesired pregnancies (Spain).