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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.
The exploitative situation of girls working in domestic service UN Human Rights Committee Last reported: 11 and 12 October 2010 Concluding Observations adopted: 27 October 2010 The Committee is concerned about the harsh working conditions, excessive working hours and unpaid or poorly paid work. The Committee recommends that the State party adopt effective measures to remedy the discriminatory treatment of female domestic workers (paragraph 11). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2006 Concluding Observations: 21 November 2006 Despite the State party's efforts to eliminate child labour, particularly in the sugar cane sector, this practice persists in El Salvador, particularly in domestic service. The Committee is particularly alarmed at reports that girls, including very young girls, are employed as domestic workers, and regrets that it has not received any information in this regard from the State party (paragraph 23). UN Special Rapporteur on Violence against Women, including its causes and consequences Ms. Ertürk Country visit: 2-8 February 2004 Report published: 20 December 2004 Ms. Ertürk notes that child abuse and incest are widespread. Many of these cases are due to unstable matrimonial unions (para 30).
Women's organisations believe that domestic violence and sexual abuse of girls in the private sphere is severely underreported. The reasons cited include: societal pressure; fear of reprisals; fear of publicity and stigmatisation; discriminatory responses by authorities; and low confidence in the justice system (para 32).
In terms of employment, Ms. Ertürk notes that girls employed as domestic workers are particularly vulnerable to physical abuse and sexual harassment from members of the household in which they live and work. An ILO-IPEC study in 2002 found that 60 per cent of girls working in domestic service who were surveyed reported physical and sexual abuse (paragraph 39). UN Committee on the Rights of the Child (Concluding Observations, January 2010) [T]he Committee is concerned that many children are still forced to work in hazardous conditions and drop out of school for that reason, and that especially girls are often employed informally in domestic work under very difficult and degrading conditions. The Committee recommends that the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2006 Concluding Observations: 21 November 2006 Despite the State party's efforts to eliminate child labour, particularly in the sugar cane sector, this practice persists in El Salvador, particularly in domestic service. The Committee is particularly alarmed at reports that girls, including very young girls, are employed as domestic workers, and regrets that it has not received any information in this regard from the State party (paragraph 23). Universal Periodic Review (February 2010) 37. To strengthen measures to protect boys, girls and adolescents from all forms of violence against them, as well as measures to eradicate child labour and combat the exploitation of boys, girls and adolescents (Costa Rica); (accepted) 57. To eradicate child labour and, to that end, seek cooperation with United Nations agencies such as ILO (Brazil); (accepted) 58. To make further efforts to eradicate child labour and protect juvenile workers (Belarus); (accepted) 59. To adopt efficient measures to stop child labour, especially in cases in which children work in a hazardous environment (Germany) (accepted) Inter-American Commission on Human Rights Several hearings on the regional situation of children's rights have also included El Salvador in their scope. These include a report on the the right to education of Afro-descendant and indigenous communities in the Americas in November 2009, brought by Robert F. Kennedy Memorial Centre for Human Rights in March 2008, and a report on child labour in Central America by Defence for Children International (DCI-Costa Rica), the Global March for against Child Labour and the Centre for Justice and International Law (CEJIL) in March 2006. Read the report. The high rate of school drop-out UN Human Rights Committee (Concluding Observations, January 2010) Last reported: 11 and 12 October 2010 Concluding Observations adopted: 27 October 2010 The Committee is concerned about the high school drop-out rate in the State party, affecting mainly girls in rural areas. It recommended that the State party take all necessary steps to improve the attendance rate of children at all levels of education (paragraph 12). UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2006 Concluding Observations: 21 November 2006 Families of primary school children are obliged to pay fees even in the public system. The fact that secondary and higher education are mainly provided by private centres may increase the school drop-out rate. The Committee requests that the State party take measures to guarantee the right to education to all sectors of the population without discrimination, and provide detailed information in this respect in its next periodic report, including disaggregated statistics on the school dropout rate (paragraphs 26 and 45). UN Committee on the Elimination of Discrimination against Women Last reported: 31 October 2008 Concluding Observations published: 7 November 2008 The Committee expresses concern about the significant level of illiteracy of women, in particular in rural areas, and the persistent high drop-out and repetition rates at different levels of schooling which affect more girls than boys. The Committee notes, however, with appreciation the non-discriminatory provisions in the education law, the various proactive measures and programmes aimed at increasing the participation of girls in the school system, the literacy programmes targeting mainly women, as well as the flexible arrangements to allow girls who drop out of school to continue their studies. The Committee urges the State party to continue to take proactive measures to reduce the illiteracy rate of women and to continue to provide education, both formal and informal, to all women and girls, especially in rural areas. The Committee also urges the government to design programmes to prevent dropouts by girls in primary education and to reduce the dropout rate of girls and young women, including pregnant students and young mothers, at secondary schools and universities, including through the use of incentives for parents, so as to provide young women with the necessary skills and knowledge to participate in the labour market on an equal basis with men (paragraphs 29 and 30). Universal Periodic Review (February 2010) 69. To adopt social integration policies aimed at preventing girls, boys and adolescents from dropping out of school (Mexico); (accepted) Inadequate sexual and reproductive health services UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee reiterates its previous concern expressed upon consideration of the State party's second periodic report at the high number of teenage pregnancies and the lack of results of the preventive measures adopted by the State party in this regard. The Committee is also concerned at the fact that the current penal legislation criminalises abortion in all circumstances and that this absolute prohibition may lead girls to resort to unsafe and clandestine abortion practices, sometimes with fatal consequences. The Committee recommends that the State party: UN Committee on the Elimination of Discrimination against Women Last reported: 31 October 2008 Concluding Observations published: 7 November 2008 The high incidence of pregnancy among adolescents, as well as at the high number of illegal abortions, including among very young women, are having a negative impact on women's physical and mental health. The Committee is further concerned at the limited effectiveness of sex education programmes for girls and boys in school curricula. It also regrets the lack of information available on HIV and AIDS (paragraph 35). Universal Periodic Review (February 2010) A - 36. To adopt and implement all measures necessary to encourage and ensure access for girls, adolescents and women to adequate sexual and reproductive health services, including the provision of adequate contraceptive, family planning and obstetric information and facilities, according special attention to the prevention of early pregnancies and unsafe abortions (Germany);(accepted) Prevalence of trafficking in child UN Committee against Torture Last reported: 5 and 6 November 2009 Concluding Observations adopted: 18 November 2009 There are continuous reports of cases involving the internal and cross-border trafficking of women and children for sexual and other purposes. The Committee deplores the fact that the officials suspected of committing these acts have not been properly investigated, prosecuted and punished. The Committee does, however, recognise the efforts made by the State party to deal with the trafficking of women and girls, such as the creation of a temporary shelter for women and their children who have been victims of commercial sexual and other forms of exploitation and of a shelter for girl victims of trafficking (paragraph 24). UN Committee on the Elimination of Discrimination against Women Last reported: 31 October 2008 Concluding Observations published: 7 November 2008 There are insufficient investigations into cases of trafficking in women and girls and, consequently, a very low number of perpetrators are prosecuted and punished. Furthermore, the Committee is also concerned at the lack of shelters available for trafficked women and children. The Committee notes with appreciation, however, the measures taken by the State party to tackle the phenomenon of trafficking, such as the creation of the National Committee on Trafficking in Persons, the publication of the Foreign Service Handbook on combating trafficking in persons and the formulation of a strategy by the Office of the Attorney-General of the Republic for inter-institutional action against commercial sexual exploitation. The Committee urges the State party to intensify its efforts to combat all forms of trafficking in women and girls. It also calls on the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, ensure the protection of the human rights of trafficked women and girls, and provide for their rehabilitation. The Committee calls on the State party to ensure that trafficked women and girls receive adequate support to be in a position to testify without fear against their traffickers. The Committee further encouraged the State party to develop awareness-raising programmes, conduct research on the root causes of trafficking, provide comprehensive training to lawyers, criminal justice workers, health-care providers and law enforcement officials in all matters concerning sexual exploitation and trafficking, and continue bilateral and multilateral cooperation with neighbouring countries (paragraphs 25 and 26). UN Committee on Migrant Workers Last reported: 24 and 25 November 2008 Concluding Observations adopted: 27 November 2008 The Committee recommends that the State party intensify its efforts to counter migrant-smuggling, especially of women and children, inter alia by taking appropriate steps to detect the illegal or clandestine movement of migrant workers and their families and bring those responsible to justice (paragraph 50). UN Special Rapporteur on Violence against Women, including its causes and consequences Ms. Ertürk Ms. Ertürk notes that according to NGOs many people pay to be smuggled into the United States of America, however many women and children do not make it to their final destination. Instead it is reported that many are trafficked into commercial sexual exploitation, and some are raped and/or found murdered near the Mexico/United States border (paragraph 43). Universal Periodic Review (February 2010) 36. To devise action-oriented plans to combat trafficking, in particular of women and children (Egypt); (accepted) UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee reiterates its previous concern about the provisions in the Family Code still allowing marriage to be contracted by children as young as 14 years under certain conditions, i.e. when they have reached puberty, already have a child or if the girl is pregnant. The Committee reiterates its recommendation that the State party set the minimum age for marriage for both girls and boys at 18 years (paragraphs 25 and 26). Universal Periodic Review (February 2010) A - 32. To amend the Family Code in order to raise to 18 the minimum age for marriage; to define forced marriage as a crime; to intensify educational measures in the area of reproductive health; and to improve the conditions of access to secondary education, especially in rural areas (Spain); (accepted) A - 33. To consider amending the Family Code in order to raise the minimum age for marriage, which is currently 14 years (Poland); (accepted) UN Committee against Torture Last reported: 5 and 6 November 2009 Concluding Observations adopted: 18 November 2009 The Committee notes the setting up of 14 Inter-Institutional Committees to implement the National Plan on Domestic Violence, the establishment of observatories on violence and the initiation in 2005 of the national research project on femicide. The Committee takes note of a draft bill on violence against women and the touring fairs aimed at educating and informing people about domestic violence. Nevertheless, it is very concerned at the prevalence of numerous forms of violence against women and girls, including sexual abuse, domestic violence and the violent deaths of women (femicide). The Committee is furthermore concerned at the absence of thorough investigations into reported cases and the impunity enjoyed by the perpetrators of such acts (arts. 12, 13 and 16). The State party should increase its efforts to ensure that urgent and efficient protection measures are put in place to prevent and combat violence against women and girls, including sexual abuse, domestic violence and femicide. The Committee considers that these crimes should not go unpunished and the State party should provide human and financial resources to punish the perpetrators of these acts. The State party should also organise widespread awareness-raising campaigns and training courses on violence against women and girls for officials in direct contact with the victims (law enforcement officers, judges, lawyers, social workers, etc.) as well as for the public at large (paragraph 21). UN Special Rapporteur on Violence against Women, including its causes and consequences Ms. Manjoo Country visit: 17-19 March 2010 Ms. Manjoo recommends that an establishment of a specialised investigation and prosecution unit on femicides should exist to ensure the protection of women and girls. Violence against women and girls UN Committee against Torture Last reported: 5 and 6 November 2009 Concluding Observations adopted: 18 November 2009 The Committee notes the setting up of 14 Inter-Institutional Committees to implement the National Plan on Domestic Violence, the establishment of observatories on violence and the initiation in 2005 of the national research project on femicide. The Committee takes note of a draft bill on violence against women and the touring fairs aimed at educating and informing people about domestic violence. Nevertheless, it is very concerned at the prevalence of numerous forms of violence against women and girls, including sexual abuse, domestic violence and the violent deaths of women (femicide). The Committee is furthermore concerned at the absence of thorough investigations into reported cases and the impunity enjoyed by the perpetrators of such acts (arts. 12, 13 and 16). The State party should increase its efforts to ensure that urgent and efficient protection measures are put in place to prevent and combat violence against women and girls, including sexual abuse, domestic violence and femicide. The Committee considers that these crimes should not go unpunished and the State party should provide human and financial resources to punish the perpetrators of these acts. The State party should also organise widespread awareness-raising campaigns and training courses on violence against women and girls for officials in direct contact with the victims (law enforcement officers, judges, lawyers, social workers, etc.) as well as for the public at large (paragraph 21). UN Special Rapporteur on Violence against Women, including its causes and consequences Ms. Manjoo Country visit: 17-19 March 2010 Ms. Manjoo reports that some of the root causes of violence towards women and girls are rooted in the socio-economic disparities and the machista culture of El Salvador. Ms. Ertürk Ms. Ertürk notes that child abuse and incest are widespread. Many of these cases are due to unstable matrimonial unions (paragraph 30).
Women's organisations believe that domestic violence and sexual abuse of girls in the private sphere is severely underreported. The reasons cited include: societal pressure; fear of reprisals; fear of publicity and stigmatisation; discriminatory responses by authorities; and low confidence in the justice system (paragraph 32).
In terms of employment, Ms. Ertürk notes that girls employed as domestic workers are particularly vulnerable to physical abuse and sexual harassment from members of the household in which they live and work. An ILO-IPEC study in 2002 found that 60 per cent of girls working in domestic service who were surveyed reported physical and sexual abuse (paragraph 39). Universal Periodic Review (February 2010) 27. To intensify efforts to prevent and combat violence against women and girls (Norway); (accepted) 31. To enhance efforts to prevent and combat violence against women and girls, in particular sexual abuse, domestic violence and femicide, in accordance with the recommendations made by the Committee Against Torture (Chile); (accepted) 32. To intensify its efforts to improve the situation with respect to violence against women and girls, as well as to undertake awareness campaigns, human rights education and training programmes for members of the police and to provide greater resources to the judicial services entrusted with addressing those issues (Ireland);
33. To intensify its efforts to prevent and combat violence against women and girls, in particular sexual abuse, domestic violence and the violent killing of women, as recommended by CAT (Azerbaijan); (accepted) 35. To accelerate the ongoing legislative reform to combat insecurity and violence against women and children and to consolidate those measures, including through improved statistics or educational programmes in schools regarding human rights and gender equality (Luxembourg); (accepted) 39. To take legislative and administrative measures to combat violence against boys and girls and to eliminate child labour (Chile); (accepted) 40. To intensify its efforts to prevent and combat violence against children and other members of vulnerable groups (Germany); (accepted) 47. To take measures to ensure the transparent, independent and impartial investigation of cases involving violence against women and girls (Norway); (accepted) UN Committee on the Rights of the Child (Concluding Observations, January 2010) [T]he Committee regrets that trafficking for the purposes of commercial sexual exploitation and forced labor remains a substantial problem in the country and that there are no measures aimed at reducing demand for commercial sex or forced labour. The Committee recommends that the State party: UN Committee on the Elimination of Discrimination against Women Last reported: 31 October 2008 The Committee further encouraged the State party to develop awareness-raising programmes, conduct research on the root causes of trafficking, provide comprehensive training to lawyers, criminal justice workers, health-care providers and law enforcement officials in all matters concerning sexual exploitation and trafficking, and continue bilateral and multilateral cooperation with neighbouring countries (paragraphs 25 and 26). Universal Periodic Review (February 2010) 31. To enhance efforts to prevent and combat violence against women and girls, in particular sexual abuse, domestic violence and femicide, in accordance with the recommendations made by the Committee Against Torture (Chile); (accepted) 33. To intensify its efforts to prevent and combat violence against women and girls, in particular sexual abuse, domestic violence and the violent killing of women, as recommended by CAT (Azerbaijan); (accepted) Enforced disappearance and the State's failure to provide full redress to the child victims of enforced or involuntary disappearances during the armed conflict between 1980 and 1992 and their families UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee notes that the Inter-Institutional Commission for the Search of Children in El Salvador mandated to search and find children who disappeared during the internal armed conflict concluded its activities on 31 May 2009, with little progress in the investigations of disappeared children. The Committee is concerned that this Commission did not meet the standards required by the Inter American Court on Human Rights in its 2005 judgement "Hermanas Serrano Cruz c. El Salvador", namely increased investigative capacity, independence of its members and victims' representation in the activities of the Commission. As noted above (paragraph 4(a)), the Committee welcomes the fact that the new Government has taken the commitment to create a new Commission of Investigation according to the standards set out in the Serrano Cruz case. The Committee recommends that the State party provide the new Commission with the necessary human and financial resources, according to the standards set out by the Inter American Court of Human Rights. The State party should also allocate the necessary resources to comply with the decision in the case of the Serrano Cruz sisters, including by granting the reparatory measures envisaged by the Court and thoroughly investigating their disappearance as well as the disappearance of other children during the conflict. The State party should also consider promptly ratifying the United Nations International Convention for the Protection of All Persons from Enforced Disappearance as well as the Inter-American Convention on the Forced Disappearances of Persons (paragraphs 37 and 38). UN Committee against Torture Last reported: 5 and 6 November 2009 Concluding Observations adopted: 18 November 2009 The State's failure to provide full redress to the child victims of enforced or involuntary disappearances during the armed conflict between 1980 and 1992 and their families. The Committee further notes the inadequate investigation into, punishment of, and the lack of full redress and compensation for those crimes. The Committee welcomes the as yet limited efforts of the Inter-agency Commission on the search for children who disappeared during the armed conflict and the plan to restructure the Commission and redefine its functions. It also welcomes the invitation extended by the State party to the Working Group on Enforced or Involuntary Disappearances in 2007 (paragraph 5). Working Group on Enforced or Involuntary Disappearance Country visit: 507 February 2007 Disappearance in times of conflict: The Working Group notes that in times of conflict enforced disappearance of children was part of a deliberate strategy within the violence institutionalised by the State. Children were often taken during military executions and raised by military officials as their own (paragraph 23). Searching for missing children: The Working Group notes that the government of El Salvador is making some efforts to search for disappeared children. El Salvador is now obliged to set up a national commission to trace the young people who disappeared when they were children during the armed conflict, with the participation of civil society, to create a search web page and create a genetic information system (paragraph 46). Inter-American Commission on Human Rights The Inter-American Commission has held a number of hearings on the enforced disappearance of children during the internal armed conflict, for example in October 2006 on the case of the Contreras brothers, three children who "disappeared" during the war. Other cases were brought in July 2006 relating to the disappearance of two sisters and of six children in July 2007 in Case 12.518 – José Rubén Rivera, brought by the Asociación Pro Búsqueda/ CEJIL. The Commission filed the case with the Inter-American Court of Human Rights in June 2010. Inter-American Court of Human Rights See Serrano-Cruz Sisters V El Salvador, 9 September 2005 Corporal punishment in all settings UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee is concerned that corporal punishment is still lawful in the home, according to article 215 of the Family Code. The Committee regrets in particular that the newly adopted LEPINA has not expressly prohibited corporal punishment within the home, as in its article 38 it provides that parents can "adequately and moderately correct" their children. The Committee notes the delegation's remark that the State party is aware that the LEPINA is not in conformity with the Convention on this particular aspect, and that this is one of the issues that will be discussed in the context of possible future adjustments to the LEPINA. The Committee recommends that the State party expressly prohibit corporal punishment by law in all settings, taking into account 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. The Committee further recommends that the State party carry out public education campaigns about the negative consequences of corporal punishment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment (paragraphs 54 and 55). Universal Periodic Review (February 2010) 38. To take specific measures to prohibit corporal punishment of children in all settings, including at home (Slovenia); (accepted) The situation of children involved with groups know as "maras" (gangs), particularly police brutality UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee is deeply concerned at the extent of the problem of youth gangs ("maras") in the State party. These gangs, mostly composed of children between 16 and 18 years, reportedly count on more than ten thousand members in El Salvador. The Committee is concerned that the climate of fear, insecurity and violence due to these gangs prevents children from living fully their childhood and adolescence and deeply affects the enjoyment of their rights. The Committee is also concerned that insufficient attention is paid to the root causes of this phenomenon, which has so far been tackled exclusively as a criminal justice problem through repressive policies and measures. The Committee recommends that the State party: UN Committee on Economic, Social and Cultural Rights Last reported: 8 and 9 November 2006 Concluding Observations: 21 November 2006 The youth gangs (maras) are composed mainly of socially and economically marginalised young men. Most of the gangs have arisen as a result of problems such as unemployment, the use of child labour, urban violence and family disintegration (paragraph 22). Rapporteur on Children's Rights at the Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (IACHR) carried out a visit to El Salvador, Guatemala, and Honduras to gather information on the situation of children involved with groups known as maras or pandillas (gangs), and to learn about detention conditions. The Commission expressed concern about the human rights situation of these children, particularly with regard to the extreme poverty, murders, violations of personal well-being, arbitrary arrests, mistreatment, stigmatisation, and discrimination to which they are subjected. While expressing solidarity with victims of violence and insecurity, the Commission emphasised that the right and the obligation of States to ensure public safety are not incompatible with respect for human rights. Read the press release. Inter-American Commission on Human Rights In February – March 2007, the Commission held a hearing on how public security policies violate children's rights in El Salvador. The hearing, which was requested by the Centre for Justice and International Law (CEJIL) and the Network for Children and Young People (RIA), stressed that the implementation of the Mano Dura and Súper Mano Dura (Heavy Hand and Very Heavy Hand) policies have resulted in high numbers of young people being arbitrarily detained, violating their right to personal liberty and freedom of association.
Read the report: Security policies violate children and young people's rights. Discrimination against indigenous children UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee remains concerned at the limited enjoyment of rights, including protection and prevention against discrimination, by indigenous children and at the incomplete information provided by the State party on this issue. The Committee is also concerned at the cultural invisibility of the indigenous population in the State party, which result in the lack of specific public policies to promote the development and wellbeing of indigenous children, the discrepancies in the standard of living of indigenous people (more than 38 per cent reportedly live in extreme poverty) and the steep rise of emigration of indigenous adolescents. The Committee is also concerned at the lack of sufficient opportunities for the expression of indigenous culture and practices, including intercultural and bilingual education, as well as at the daily life discrimination to which indigenous people and their children are subjected. The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention, including the right to intercultural and bilingual education, in accordance with article 30 of the Convention. To this end, the State party should take into account, inter alia, general comment No. 11 (2009), as well as the recommendations contained in the outcome document of the 2009 Durban Review Conference) (paragraph 91 and 92) UN Committee on the Elimination of Racial Discrimination Last reported: 3 and 4 August 2010 Indigenous languages are being denied the importance that they deserve. Out of a reported total of 47,940 students enrolled in educational institutions in 2009, 22,483 belonged to indigenous peoples, and yet not all of them can study in their own language. As regards Bilingual Intercultural Education, the Committee notes the existence of the Ministry of Education's Programme for the Revitalisation of the Nahuat-Pipil Language of El Salvador, but is concerned about the status of other indigenous languages (paragraph 21). Universal Periodic Review (February 2010) 23. To intensify efforts to prevent and eliminate discrimination against indigenous children, children with disabilities, and girls (Malaysia); (accepted) Inter-American Commission on Human Rights Several hearings on the regional situation of children's rights have also included El Salvador in their scope. These include a report on the the right to education of Afro-descendant and indigenous communities in the Americas in November 2009, brought by Robert F. Kennedy Memorial Center for Human Rights in March 2008, and a report on child labour in Central America by Defence for Children International (DCI-Costa Rica), the Global March for against Child Labour and the Center for Justice and International Law (CEJIL) in March 2006. Read the report.
Country visit: 2-8 February 2004
Report published: 20 December 2004
Country visit: 2-8 February 2004
Report published: 20 December 2004
Concluding Observations published: 7 November 2008
Report published: 26 October 2007
Concluding Observations: 20 August 2010