ETHIOPIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee
(CCPR/C/ETH/CO/1)
Last reported: 11 and 12 July 2011
Concluding Observations published: 19 August 2011

Female genital mutilation: While noting the recent decrease in the number of cases of female genital mutilation and other harmful traditional practices, as indicated in the State Party’s report, the Committee notes with regret that such practices continue. The Committee regrets the discrepancy in the statistics related to these practices presented by different sources, which makes it difficult for the Committee to have a clear picture of the situation in the country. The Committee also regrets the lack of information on possible cases of prosecution of perpetrators (arts. 2, 3, 7 and 26).

The State party should further enhance its efforts to prevent and eradicate harmful traditional practices including female genital mutilation and strengthen its awareness- raising and education programmes in that regard, in particular in those communities where the practice remains widespread. It should ensure that perpetrators are brought to justice and present data on this matter in its next report. (Paragraph 10)

Trafficking of women and children: While the Committee acknowledges the efforts of the State party to address and combat trafficking in women and children, the Committee remains concerned about the prevalence of this phenomenon in Ethiopia, about the lack of information on the investigation and prosecution of trafficking cases and the protection of the rights of victims (arts. 3, 8, 24 and 26).

The State party should reinforce its measures to combat trafficking in women and children and prosecute and punish perpetrators. The State party should collect and submit data in this regard in its next periodic report. The State party should also put in place strong programmes to support the human rights of the victims. (Paragraph 11)

Application of Sharia law to children: While acknowledging that submission to sharia courts can only happen with the consent of the parties, the Committee remains concerned by the fact that such courts can take binding decisions, which cannot be appealed against on the substance, in matters such as marriage, divorce, guardianship of minors, and inheritance. The Committee also notes that the Covenant is not part of the laws applied by the sharia courts (art. 14).

The State party should ensure that all tribunals and courts in Ethiopia operate in accordance with the principles set out in article 14 of the Covenant and paragraph 24 of the Committee’s general comment No. 32 (2007). Accordingly, religious courts should not hand down binding judgments recognised by the State, unless the following requirements are met: proceedings before such courts are limited to minor civil and criminal matters, meet the basic requirements of fair trial and other relevant guarantees of the Covenant, and their judgements are validated by State courts in light of the guarantees set out in the Covenant and can, if necessary, be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant. These principles are notwithstanding the general obligation of the State to protect the rights under the Covenant of any persons affected by the operation of religious courts. (Paragraph 22)

Detention of children: While taking note of the State party’s plans to ease prison overcrowding and
improve the conditions of detention, particularly through the construction of new facilities, the Committee regrets the lack of concrete details received about this plan and its implementation. It is concerned that the present prison conditions remain alarming, in particular for women and children, and not compatible with the United Nations Standard Minimum Rules for the Treatment of Prisoners. The Committee also notes with regret that the International Committee of the Red Cross (ICRC) is not granted the right of accessing prisons and other places of detention (art. 10).

The Committee recalls the recommendation made by the Committee against Torture, that the State party should establish an effective independent national system to monitor and inspect all places of deprivation of liberty and to follow-up on the outcome of such systematic monitoring. In addition, the State party should grant independent international monitoring mechanisms access to prisons, detention centres and any other places where persons are deprived of their liberty, including in the Somali Regional State (Paragraph 23)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/ETH/1-3)
Last reported: 9 / 10 May 2012
Concluding Observations issued: 18 May 2012

Issues raised:

Harmful traditional practices: The Committee notes with concern that, in spite of the criminalization of the practice of female genital mutilation (FGM), it remains highly prevalent in rural areas. The Committee is concerned that domestic violence continues to be under-reported, that disaggregated data on prosecution and conviction rates in relation to violence against women are absent, and that victim assistance and rehabilitation services are lacking. The Committee is also concerned that marital rape has not yet been criminalized under the Criminal Code (art.10). (Paragraph 14).

The Committee recommends that the State party ensure effective enforcement of the Criminal Code provisions criminalizing FGM and domestic violence. The Committee recommends that the State party amend its Criminal Code to criminalize marital rape. It recommends that the State party ensure prosecution of perpetrators and impose appropriate penalties, and ensure the provision of mandatory training to judges, prosecutors and the police on these various types of violence against women and on the application of the Criminal Code. The Committee furthermore urges the State party to raise awareness among women and girls so as to encourage reporting of acts of violence, and ensure the availability of adequate victim assistance and rehabilitation services.

Child Labour: The Committee notes with concern the prevalence of child labour, with a large percentage of children under the age of 14 who are engaged in economic activity and do not attend school. The Committee notes with concern the increased risk for children without parental care and children from disadvantaged and marginalized families of being engaged in the worst forms of child labour (art.10). (Paragraph 15).

The Committee recommends that the State party adopt measures to combat, prevent and eliminate the prevalence of child labour. It also recommends that the State party adopt targeted measures to ensure that children without parental care and children from disadvantaged and marginalized families are not engaged in child labour.

Trafficking and sexual exploitation: The Committee is concerned that despite concerted efforts by the State party to address internal trafficking and sexual exploitation of children, the problem remains widely prevalent (art.10). (Paragraph 16).

The Committee recommends that the State party intensify its efforts to prevent and combat the trafficking and sexual exploitation of children, including through the adoption of a new national plan of action to combat the problem.

Street children: The Committee notes with concern that, despite progress made following targeted measures by the State party, a high number of children continue to live in the street (art.10). (Paragraph 17).

The Committee recommends that the State party intensify its efforts to address the root causes of the issue of street children, with the aim of their protection, rehabilitation and social integration, and to ensure that they have access to education, shelter and health care.

Corporal punishment: The Committee notes with concern the high level of child abuse, in particular sexual abuse. The Committee is also concerned that corporal punishment is lawful in the home and alternative care settings for purposes of “proper upbringing”, under article 576 of the Criminal Code and article 258 of the Family Code (art.10). (Paragraph 18).

The Committee recommends that the State party take urgent steps to combat and prevent child abuse and neglect, including through establishing effective mechanisms for the reception, monitoring and investigation of reports of cases of child abuse. The Committee also urges the State party to amend its Criminal Code and Family Code as a matter of priority to prohibit corporal punishment in child-rearing in the home and alternative care settings.

Child malnutrition: The Committee notes with concern the prevalence of chronic food insecurity and malnutrition, in particular amongst children (art.11). (Paragraph 23).

The Committee recommends that the State party take steps to address chronic food insecurity, chronic malnutrition and the critical nutritional needs of children. The Committee also urges the State party to ensure that the population of the Somali National Regional State of Ethiopia benefits from State-run food aid and rural development plans.

Health: The Committee is concerned that there is no universal health-care coverage. It is also concerned about the low number of qualified health-care professionals per capita in certain regions and critical shortages at health centres, both in medical equipment and staff. The Committee also notes with concern the high rate of maternal and infant mortality, and the low number of births that are assisted by a skilled attendant, especially in rural areas. It is further concerned that access to maternal and infant health care remains poor, in particular in the Somali National Regional State of Ethiopia (art.12). (Paragraph 25).

The Committee recommends that the State party intensify its efforts to improve health services, including through allocation of increased resources and measures to address significant rural and urban disparities in health-care provision. It recommends that these efforts in particular focus on the training of health extension workers and the adequate provision of medical equipment and staff at health centres. The Committee also recommends that the State party take urgent steps to reduce the high rate of maternal and infant mortality and to ensure that births are assisted by a skilled attendant. It recommends that the State party intensify its efforts to improve access by women to basic obstetric and neonatal care, reproductive health services, and to basic health-care centres, in particular in rural areas.

Education: The Committee is concerned that primary education is neither free nor compulsory, notwithstanding the efforts made by the State party to this end. It is also concerned about low primary school enrolment and attendance rates, including for refugee children, high dropout rates, the gender gap in enrolment, the insufficient number of trained teachers, and the poor quality of education. The Committee also notes with concern that the literacy rates in rural areas, in particular among women and girls, remain low (arts.13 and 14). (Paragraph 26).

The Committee recommends that the State party strengthen its efforts and take urgent measures to ensure that primary education is free and compulsory for all children, in line with articles 13 and 14 of the Covenant, and that the age of completion of compulsory schooling is set at 14 years. It recommends that the State party take urgent steps to increase primary school enrolment and attendance rates, including for children with disabilities, decrease the high dropout rate, and address indirect and hidden costs of school education, and the gender gap in enrolment rates. It also recommends that the State party take measures to train more teachers, especially female, and further increase the number of school facilities, in particular in rural areas. The Committee furthermore recommends that the State party take steps to increase the literacy rate in rural areas, in particular of women and girls.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/ETH/CO/7-16
Last reported: 19 / 20 August 2009
Concluding Observations issued: 7 September 2009

Issues raised:

Harmful traditional practices: While welcoming the State party’s information that certain harmful traditional practices, such as female genital mutilation and the abduction of girls and young women for marriage, are prohibited by legislation, the Committee remains concerned at the prevalence of these practices in some communities. (art. 5). (Paragraph 16).

The Committee recommends that the State party reinforce the measures adopted to eradicate harmful traditional practices through awareness-raising strategies, among other methods, and in consultation with communities engaging in these practices. The Committee further recommends that the State party include detailed information in its next periodic report on the extent of these practices and on the impact of measures taken to address them.

Human rights education: The Committee notes the lack of information on the extent to which human rights education, including on equal rights and non-discrimination, is integrated into school curricula as well as the absence of information on the use of the media in this area. (art. 7). (Paragraph 23).

The Committee encourages the State party to include human rights education in school curricula and to enhance its efforts to improve human rights education in broader society with a view to promoting understanding and tolerance among all racial and ethnic groups. Particular attention should also be paid to the role of the mass media in the above respects.

 
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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/ETH/6-7)
Last reported: 15 July 2011
Concluding Observations issued: 27 July 2011

Issues raised:

Female genital mutilation and violence: The Committee notes the State party’s efforts to combat violence against women, including FGM and sexual and domestic violence, e.g. by revising its Criminal Code, establishing special investigation and prosecution units and victim-friendly benches in the federal court system, and providing some legal aid and assistance to women and children victims of violence. However, while noting that FGM is declining among younger women and in urban areas, the Committee notes with concern that FGM remains highly prevalent in rural and pastoralist areas (with the highest rates in the Afar (91.6 percent) and Somali (79 percent) Regions) and that the penalties for FGM stipulated in Articles 561-563, 567 and 569-570 of the Criminal Code (2005) are too lenient. It is also concerned that FGM, sexual, domestic and other forms of violence against women are under-reported due to cultural taboos and victims’ lack of trust in the legal system, and that criminal law provisions are not consistently enforced because of insufficient allocation of funds, lack of coordination among the relevant actors, low awareness of existing laws and policies on the part of law enforcement officials, lack of capacity to apply the law in a gender-sensitive manner, and discriminatory societal attitudes. Lastly, the Committee is concerned about the State party’s failure to criminalize marital rape, its delay in adopting a national strategy to combat violence against women, lack of victim assistance and rehabilitation services, and the absence of disaggregated data on prosecution and conviction rates in relation to violence against women. (Paragraph 20).

The Committee recalls its general recommendations No. 14 (1990) on female circumcision and No. 19 (1992) on violence against women, its previous recommendations (CEDAW/C/ETH/CO/4-5, paras. 252 and 256), as well as the recommendations by the Committee against Torture (CAT/C/ETH/CO/1, para. 32), the Committee on the Elimination of Racial Discrimination (CERD/C/ETH/CO/7-16, para. 16), the Committee on the Rights of the Child (CRC/C/ETH/CO/3, para. 60) and the African Commission on Human and Peoples’ Rights, and urges the State party to:

(a) Amend the Criminal Code (2005), with a view to increasing the penalties for FGM in Articles 561-562, 567 and 569-570; repealing Article 563; criminalizing marital rape; and excluding the applicability in domestic violence cases of the extenuating circumstances set out in Article 557 (1) (b) (gross provocation, shock, surprise, emotion or passion);

(b) Effectively enforce the provisions of the Criminal Code (2005) criminalizing FGM, sexual and domestic violence, prosecute any such acts upon complaint by the victim or ex officio, and impose appropriate penalties commensurate with the gravity of the crime on perpetrators;

(c) Provide mandatory training to judges, including local and Shariah court judges, prosecutors and the police on the strict application of relevant provisions of the Criminal Code;

(d) Encourage women and girls to report acts of violence to the competent authorities, by continuing raising awareness about the criminal nature and harmful effects of FGM and other forms of violence on their health, eradicating the underlying cultural justifications of such violence and practices, de-stigmatizing victims, and training law enforcement and medical personnel on standardized, gender-sensitive procedures for dealing with victims and effectively investigating their complaints;

(e) Enhance victim assistance and rehabilitation, by strengthening the legal aid services of the Ministry of Justice, providing psychological counselling, supporting local women’s rights organizations which offer shelter and assistance to victims, and establishing victim support centres in the Regional States;

(f) Expedite the adoption and implementation of the draft national strategic plan to combat violence against women and children prepared by the Ministry of Justice; and

(g) Collect disaggregated data on the number of complaints, prosecutions, convictions, and on the sentences imposed on perpetrators of FGM and sexual and domestic violence, and provide such data to the Committee.

Trafficking and exploitation of prostitution: While noting that the State party has taken measures to combat trafficking in human beings, in particular women and girls, by criminalizing it, raising awareness, training law enforcement officials, creating a special prosecution unit, and concluding agreements with neighbouring countries, the Committee is concerned about the lack of data and the low prosecution and conviction rates in relation to, in particular, internal trafficking of women and children for forced labour and sexual exploitation, the limited measures to address poverty as the root cause of trafficking, the lack of victim assistance, and the lack of protection of refugee and internally displaced women and children vulnerable to become victims of trafficking. (Paragraph 24).

The Committee recommends that the State party:

(a) Adopt a national plan of action to combat trafficking in human beings, in particular women and girls, including refugees and IDPs;

(b) Continue raising awareness about human trafficking and training law enforcement officials on the strict application of relevant criminal law provisions;

(c) Address the root causes of trafficking by further enhancing the economic potential of women, including by expanding the Ethiopian Women’s Development Fund to cover more Regional States and beneficiaries and by further enhancing women’s access to land;

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

(e) Collect disaggregated data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking and include such data in its next periodic report.

Education: The Committee welcomes the measures taken by the State party to increase women’s and girls’ access to all levels of education, such as affirmative action, awareness-raising, support to disadvantaged girls, and incentives for parents to send their daughters to school, in particular in rural and pastoralist areas. However, it remains concerned about (Paragraph 30)):

(a) Regional disparities and low enrolment rates of women and/or girls in primary education in rural and pastoralist areas and in secondary and higher education, as well as in traditionally male dominated fields of technical and vocational education;

(b) The high drop-out and low retention and completion rates of girls, in particular at the primary level, which seriously impact enrolment at the secondary level;

(c) The limited access of poor girls, girls in pastoralist areas, and girls with disabilities to education due to economic and socio-cultural barriers such as indirect costs of schooling, unfavourable attitudes by male students and teaching staff, verbal and physical abuse and harassment, and long distances to schools; and

(d) The low female literacy rate (38 percent in 2004), especially in rural areas.

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

(a) Ensure enrolment, retention and completion of women and girls at all levels of education, especially in rural and pastoralist areas, including by making primary education compulsory and taking affirmative action such as further training and recruitment of female teachers and quota for female university students and;

(b) Continue raising awareness among communities, families, students, teachers and officials, especially men, about the importance of women’s and girls’ education;

(c) Improve the quality of education and make it more attractive and safer for women and girls, including by increasing the number of girl-friendly schools and schools with separate latrines for boys and girls and by investigating and adequately punishing any abuse of women and girls by other students or by teachers;

(d) Strengthen support services, including scholarships, transport and tutorial support, for disadvantaged girls such as poor girls, girls in pastoralist areas and girls with disabilities, as well as incentives and subsidies for their families;

(e) Ensure adequate educational opportunities for girls and boys with disabilities, including by integrating them into mainstream education; and

(f) Encourage women and girls to choose non-traditional fields of education and careers such as technical and vocational education and training in traditionally male dominated areas; and

(g) Reinforce its adult literacy, adult non-formal education and alternative

Health: While welcoming the measures taken by the State party to extend basic health services to rural areas and increase women’s and girls’ access to family planning and reproductive health services, the Committee remains concerned about (Paragraph 34):

(a) The high maternal mortality rate (470/100,000 live births) due to obstetric complications such as fistulae, early pregnancy, unsafe abortion, harmful practices and other factors;

(b) The low rate of skilled birth attendance (18 percent) and the shortage of emergency obstetric services, especially in rural areas;

(c) The low contraceptive use exposing women and girls who are often married to older men to risk of early pregnancy, HIV/AIDS and other sexually transmitted diseases;

(d) The high number of unsafe abortions; and

(e) The high number of women living with HIV/AIDS, the lack of antiretroviral prophylaxis to prevent mother-to-child transmission, the absence of special prevention programmes for high-risk groups such as young women, sex workers and IDPs, and the lack of care and support for orphans and vulnerable girls and boys affected by HIV/AIDS.

In line with its previous concluding observations (CEDAW/C/ETH/CO/4-5, para. 258) and its general recommendation No. 24 (1999), the Committee calls on the State party to:

(a) Continue training health extension workers on referring women to maternal health facilities, including safe abortion services, and further increase the number of health facilities providing safe abortion services in rural areas;

(b) Address the lack of medical personnel in rural health facilities and the shortage of emergency obstetric services in rural areas;

(c) Continue raising awareness among families, community and religious leaders, teachers, health workers and public officials about the health risks of harmful practices for women, including early pregnancy, maternal death and HIV/AIDS;

(d) Effectively implement the joint UN flagship programme on maternal and newborn health to address the lack of skilled medical care during pregnancy, childbirth and the immediate postpartum period, especially in rural areas;

(e) Effectively implement the National Adolescent and Youth Reproductive Health Strategy (2007-2015), continue raising awareness about available contraceptive methods and encourage the use male condoms as a safe and less costly option;

(f) Encourage more religious organizations and communities to include provisions on pre-marital HIV counselling and testing in their bylaws;

(g) Provide women and men living with HIV/AIDS with free anti-retroviral treatment, including pregnant women so as to prevent mother-to-child transmission;

(h) Train technical and administrative staff to implement the national multi-sectoral strategy/action framework to combat HIV/AIDS and adopt prevention programmes targeting high-risk groups such as young women, sex workers and IDPs;

(i) Conduct awareness-raising to de-stigmatize orphans and vulnerable children affected by HIV/AIDS and strengthen the material and psychological support provided to them.

 

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UN Committee against Torture

(CAT/C/ETH/1)
Last reported: 2 / 3 November 2010

Issues raised:

Sexual violence: The Committee is concerned about reports of rape and other forms of sexual violence against women and girls allegedly committed by members of the security forces and the ENDF in the context of armed conflict, in particular in the Somali Regional State (arts. 2, 12, 13 and 14). (Paragraph 16).

The Committee calls on the State party to investigate, prosecute and punish members of the security forces and the ENDF responsible for rape and other forms of sexual violence in the context of armed conflict. The State party should take immediate steps to adequately compensate and rehabilitate the victims of such violence.

Children in detention: The Committee is concerned that, under Articles 52, 53 and 56 of the revised Criminal Code, criminal responsibility starts at the age of nine years and that offenders above the age of 15 years are subject to the ordinary penalties applicable to adults and can be kept in custody with adult criminals (arts. 2, 11 and 16). (Paragraph 27).

The State party should raise the minimum age of criminal responsibility according to international standards and classify persons above 15 and under 18 years of age as ‘young persons’ who are subject to the lighter penalties in Articles 157 to 168 of the Criminal Code and may not be kept in custody with adult criminals. It should ensure that its juvenile justice system is in conformity with international standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”; GA resolution 40/33 of 29 November 1985).

Corporal punishment: The Committee notes with concern that, while corporal punishment is prohibited in schools, child care institutions, and as a penal or disciplinary sanction in the penal system, it is not prohibited as a disciplinary measure in the home or in alternative care settings for purposes of “proper upbringing”, under article 576 of the revised Criminal Code (2005) and article 258 of the revised Family Code (2000) (arts. 2, 10 and 16). (Paragraph 28).

The State party should consider amending its revised Criminal Code and Family Code, with a view to prohibiting corporal punishment in childrearing in the home and in alternative care settings and raise public awareness on positive, participatory and non-violent forms of discipline.

Harmful traditional practices: The Committee takes note of the criminalization of harmful traditional practices (HTPs) such as female genital mutilation, early marriage and abduction of girls for marriage in the revised Criminal Code, and of the information given by the State party during the dialogue concerning the establishment of special prosecution teams within the Ministry of Justice and in regional justice departments to investigate cases of rape and other forms of violence against women and children. However, the Committee is concerned about the lack of implementation of criminal law provisions criminalizing violence against women and harmful traditional practices. It is particularly concerned that the revised Criminal Code fails to criminalize spousal rape. It also regrets the lack of information on complaints, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation (arts. 1, 2, 12, 13 and 16). (Paragraph 32).

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 State party should consider amending its revised Criminal Code, with a view to criminalizing spousal rape. It should also provide victims with legal, medical, psychological and rehabilitative services, as well as with compensation, and create adequate conditions for them to report incidents of HTPs and domestic and sexual violence without fear of reprisal or stigmatization. The State party should provide training to judges, prosecutors, police, and community leaders on the strict application of the revised Criminal Code and on the criminal nature of HTPs and of other forms of violence against women. The Committee also requests the State party to provide in its next periodic report updated statistical data on the number of complaints, investigations, prosecutions and on the sentences imposed on perpetrators, as well as on victim assistance and compensation.

Trafficking: The Committee expresses concern about the low prosecution and conviction rates in relation to child abduction and human trafficking, in particular internal trafficking of women and children for forced labour and sexual and other forms of exploitation. It is also concerned at the general lack of information on the extent of trafficking in the State party, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as well as on the concrete measures taken to prevent and combat human trafficking (arts. 1, 2, 12 and 16). (Paragraph 33).

The State party should increase its efforts to prevent and combat, in particular, child abduction and internal trafficking of women and children and provide protection for victims and ensure their access to legal, medical, psychological and rehabilitative services. In this regard, the Committee recommends that the State party adopt a comprehensive strategy to combat trafficking in human beings and its causes. The State party should also investigate all allegations of trafficking, and ensure that perpetrators are prosecuted and punished with penalties appropriate to the nature of their crimes. The State party is requested to provide information on measures taken to provide assistance to victims of trafficking, as well as statistical data on the number of complaints, investigations, prosecutions and sentences in relation to trafficking.

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UN Subcommittee on Prevention of Torture

No visits undertaken.

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UN Committee on Migrant Workers

Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities
 

CRPD/C/ETH/CO/1

Adopted by Commmittee: 29 August 2016

Published: 4 November 2016

Women with disabilities:

The Committee is concerned that the rights of women and girls with disabilities are not effectively mainstreamed and respected in law and in practice. It is also concerned that organizations of women and girls with disabilities are neither involved nor consulted on the implementation of the Convention (para. 13).

The Committee recommends that the State party mainstream the rights of women with disabilities in law and in practice. It also recommends that the State party ensure the consultation and involvement of organizations of women and girls with disabilities with regard to the implementation of the Convention. It further recommends that the State party take into account article 6 of the Convention and the Committee’s general comment No. 3 (2016) on women and girls with disabilities, while implementing targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals (para. 14).

Children with disabilities:

The Committee is concerned about the lack of specific legislation to address and ensure the protection of the rights of children with disabilities against abandonment, neglect, mistreatment and corporal punishment in all aspects of life (para. 15).

The Committee recommends that the State party adopt and implement specific legislation to address the protection of children with disabilities against abandonment, neglect and mistreatment, including through the support of parents of children with disabilities. It also urges the State party to abolish, in law and in practice, corporal punishment against children with disabilities in all spheres (para. 16).

Freedom from torture or cruel, inhuman or degrading treatment or punishment:

The Committee is deeply concerned by reports of the use of coercive measures, including physical restraint and seclusion, of adults and children with psychosocial and/or intellectual disabilities, and that corporal punishment is lawful at home (para. 33).

The Committee urges the State party to prohibit all forms of coercive treatments against adults and children with disabilities, including physical restraint and isolation, which are considered to be cruel, inhuman or degrading treatment, and the use of corporal punishment (para. 34).

Liberty of Movement:

The Committee is concerned that the process of birth registration of all newborn children with disabilities across all territories, including refugee camps, is not carried out to its fullest extent (para. 41).

The Committee recommends that the State party strengthen the birth registration system to ensure that every newborn child with disabilities in all areas of the country, in particular those living in remote and rural areas and those living in refugee camps, are registered immediately upon birth (para. 42).

Education:

Although inclusive education resource centres have been established, the Committee notes with concern the absence of a comprehensive strategy towards inclusive education system with fixed deadlines and outputs, especially for deaf students and students with intellectual disabilities. The Committee is concerned that no policy exists to enable students with disabilities to effectively access education, especially for girls with disabilities (para.51).

The Committee recommends that the State party adopt and implement a comprehensive strategy with a road map towards inclusive and quality education, eliminating gender disparities and ensuring equal access to all levels of education. It also recommends that the State party guarantee in the law a legally enforceable right to inclusive education and ensure the accessibility of school environments, materials and curricula, the provision of reasonable accommodation, and the regular and compulsory pre-service and in-service training of all teachers on inclusive education. It further recommends that the State party allocate effective and adequate financial, material and educated human resources and setting clear timelines, targets, baselines and indicators to secure timely and measurable progress in the implementation of the right to inclusive education, in line with targets 4.5 and 4 (a) of the Sustainable Development Goals and the Committee’s general comment No. 4 (2016) on the right to inclusive education (para. 52).

Health:

The Committee is concerned that access to health care and the capacity of health and social services to provide care for children with disabilities is not sufficient, in particular in rural zones (para. 53).

The Committee recommends that the State party ensure sufficient capacity of health and social services to provide care for children with disabilities, in particular in rural regions (para. 54).

 

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UN Committee on Enforced Disappearance

Not yet signed or ratified.

Countries

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