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Federated States of Micronesia - Twenty Third Session - 2015
Monday 2 November 2015 - 9:00 - 12:30
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National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendation
National Report
II. Developments of normative and institutional framework for human rights
B. National measures and policies
12. FSM National Youth Policy (2004–2010) The FSM National Youth Policy is up for review this year. The Policy is the youth’s national response to addressing youth issues in the FSM. It fully supports the visions of the country, and serves as a tool for enabling the FSM’s youth to actively contribute to the development of the nation and improving their quality of life in the process.
III. Promotion and protection of human rights on the ground: implementation of international human rights obligations identified in the “basis of review,” national legislation and voluntary commitments, national human rights institutions activities, public awareness of human rights, cooperation with human rights mechanisms
17. The FSM launched the Child Protection Baseline Report (CPBR) in October of 2014. Accompanying the CPBR was the Atlas of the 2013 Child Equity Social Indicators.
18. The FSM completed a Family Health and Safety Study (FHSS) in 2014 with financial support from the Australian Government’s Department of Foreign Affairs and the United Nations Population Fund (UNFPA). The FHSS is the first research effort to gather comprehensive information on violence against women (VAW) in the FSM. It is understood that violence against women is one of the most serious human rights violations and public health issues worldwide. The study used the United Nation’s definition of VAW, which is “any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life.” (UN Resolution A/RES/48/104, 1993). The study examined how women experience violence – physical and/or sexual partner violence, emotional partner violence, economic partner violence, the impact of partner violence on women’s health, risk factors associated with physical or sexual partner violence, impact on children, intergenerational aspects of partner violence, violence by non-partners – including whether existing laws provide adequate protection for potential victims of domestic violence. The collected data and findings of the FHSS show that VAW in the FSM is prevalent, and most of it is inflicted by people women know very well. Unfortunately, the women often remain silent because they either cannot get out of the situation, or plainly believe that such violence is normal. The FHSS highlights the significant need for raising awareness and education on VAW and gender roles as well as provides important strategies and recommendations on how to improve the welfare of women and children.
IV. Actions taken to respond to recommendations arising from the first UPR round
A. Thematic area: international human rights treaties Recommendations 1–10
20. The FSM has ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in April 2012. The FSM National Government’s procedures for ratifying the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict have been completed, and the FSM is now in the process of depositing its instrument of ratification for the Protocol...
Recommendations 11–12
21. In November 2011, the FSM ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Conventions against Transnational Organized Crime (Palermo Protocol), with a view to providing effective protection for victims of human trafficking and punishing the perpetrators of this crime. It was signed into law in March 2012. As a result, a Transnational Crime Unit was established under the FSM Department of Justice. All of the four FSM states have their own anti-human trafficking laws. The FSM Department of Justice held nation-wide training for police and public safety officials on human trafficking in March 2012.
B. Thematic area: Legislative and other reforms on thematic human rights issues
Recommendation 21
26. The FSM has enacted a National Anti-Human Trafficking Law, and all four states have their own anti-human trafficking laws as well. There are plans to review and update both the National Youth Policy and National Disability Policy in 2015. In 2014, Kosrae State enacted a Family Protection Act, L.B.10-20, L.D.3, and this year supported the FSM’s accession to the CRPD through a resolution, L.R.11-26, 2015. Chuuk State amended its Age of Consent Act to raise the age of consent from 13 years of age to 18 years of age, Chuuk State Law 12-14-18. Pohnpei State reintroduced its proposal for a Family Protection Act to the Pohnpei State Legislature, and Yap State expressed its support through a Yap State Legislature resolution for the FSM to ratify the CRPD, Yap State Resolution 9-13, 2015.
Recommendation 23
33. The FSM launched its 2013 Children’s Atlas of Social Indicators and findings of the FSM Child Protection Baseline Report (CPBR) in October 2014. The atlas provides a focused and up-to-date overview of social indicators and identifies gaps and weaknesses in all areas where children are concerned. The CPBR provides evidence on child protection measures in the FSM.
34. There are ongoing awareness programs on women and children by the women’s groups in the FSM: the Pohnpei Women’s Council, the Chuuk Women’s Council, the Yap Women’s Association, and the Kosrae Women’s Association. The groups convened in October 2014 during the National Women’s Conference and shared outcomes from regional meetings such as the 12th Triennial Women’s Pacific Conference, discussed issues regarding the progress of women in the FSM, women and children’s access to health and education, women’s leadership roles, emerging and pressing issues from the youth in the FSM, and climate, energy and food security. The next Women’s Conference is scheduled to take place in 2016 in Yap State.
Recommendation 24
35. The FSM continues to consider the previous UPR recommendation to address any customary practices in the FSM that are inconsistent with the FSM’s obligations under international law, with an eye toward possibly bringing its national laws relating to women and children in line with its obligations under international human rights law.
Recommendation 30
36. To strengthen legislation in the area of marriage in accordance with CEDAW, the FSM states have done the following: Kosrae enacted its Family Protection Act, LB 10-20, L.D.3, 2014; Chuuk increased the age of consent from 13 to 18, Chuuk State Law 12-14- 18, 2014; and Pohnpei set up a Domestic Violence unit with the Pohnpei State Department of Public Safety.
Recommendations 46–47
37. The FSM submitted its combined initial to third periodic reports for CEDAW in June 2015. A UPR Task Force comprised of representatives from the FSM Departments of Health and Social Affairs, Foreign Affairs, Justice, and Resources and Development, as well as from non-governmental organizations, was created by Presidential Order on May 19, 2015. Planning for the development of the country’s report for the Convention on the Rights of the Child is ongoing by the UPR Task Force. Letters of requests for technical assistance have been sent to regional partners such as the Pacific Islands Forum and the Secretariat for the Pacific Community/Regional Resource Rights Team.
Recommendation 55
38. The FSM continues to implement measures in its ongoing efforts to eliminate discrimination and all forms of violence against women and children. Such efforts include completing a Gender Stocktake in 2012 and a Family Health and Safety Study in 2014, which both address the need to prevent and combat ill treatment, sexual abuse and violence against women and children. All four states have multipurpose centers that serve the women and children in their communities and can easily double as women’s activity places and shelters and children’s day care centers. Yap State has secret shelters that the state government does not know about that cater to mothers and children victims of domestic violence. The FSM has a National Sexual Harassment Policy in the workplace.
D. Thematic area: human rights education and awareness/health
Recommendation 43
46. International Youth Day is celebrated in all four states on August 12. Their agenda usually focuses on youth development in the nation. All the states have youth groups and an overarching council that oversees their programs and activities.
Recommendation 45
47. The FSM has yet to ensure that its national programs in the field of education include human rights education and training.
Recommendation 53
48. The FSM National Curriculum and Standards has Life and Environmental Science and Biology courses that encourage the study of the human life cycle and reproduction. Human rights issues such as women’s roles are discussed in Social Studies/Micronesian Studies and arise as topics during school debates.
Recommendations 67–68
50. The FSM Constitution recognizes the right of people to health care and inclusive education. The FSM Code Title 40 on Compulsory Education ensures that all children attend school.
51. All four states have special education programs for students living with disability.
52. Yap and Kosrae require that children from 6 years to 14 years old must be in school, must be immunized and must be registered.
53. Chuuk State Department of Education raised its educational standards for all teachers so that teachers must hold an Associate of Arts degree or else their positions will be reclassified or re-advertised to attract the most qualified people.
55. Pohnpei State Hospital has a Baby Friendly Policy which encourages exclusive breastfeeding for babies.
56. All of the Youth Councils in the four states educate and raise awareness on health improvement activities such as healthy living lifestyles and making responsible choices.
57. Yap State plans to amend its law to increase the age of consent from 13 to 18 years of age. Yap Reproductive Health Awareness in the communities includes the distribution of free birth control and education on family planning for the youth. The same types of services are also given out at the community health centers around Yap.
58. The National Youth Program funds the Abstinence Program in Kosrae and Pohnpei, which addresses abstinence and safe sex; and the Personal Responsibility Education Program/PREP in all four states, which encourages healthy options in the school curricula that help keep the youth out of danger and risky decisions.
59. Pohnpei State has various youth groups – including a Youth for Change group and a Youth Media group – which look out for the betterment of the youth and encourage the telling of their stories and issues through the use of media.
60. The National Youth Program plans to revise and update the FSM National Youth Policy by December 2015.
Recommendation 59
81. All four states have multipurpose centers that serve the women and children in the communities and can easily double as women’s activity places and shelters and children’s day care centers.
I. Thematic area: child protection Recommendations 31–38
82. The Kosrae Family and Minor Law – Section 16.1202 of Title 16 of the Kosrae State Code – compels health care providers, teachers or anyone to report to the Office of the Attorney General of Kosrae any evidence of suspicion that a child has been abused.
83. The FSM State Courts ensure that parents/guardians of individuals charged as juvenile offenders are involved in the trial process when they choose to be involved, and that the young persons are legally represented.
84. The FSM states have legislation dealing with sexual offences against children under general provisions of their criminal codes relating to sexual offences.
85. FSM Public Law 17-38 specifically deals with protecting children from human trafficking. Chuuk State increased the age of consent from 13 years old to 18 years old.
Recommendation 56
86. The FSM launched the Child Protection Baseline Report (CPBR) in October of 2014. Accompanying the Child Protection Baseline was the Atlas of the 2013 Child Equity Social Indicators. The CPBR provides analysis of legal frameworks, formal social service structures, and the various environments provided by communities and families; and reviews how effectively each promotes the protection of children.
Recommendation 64
88. The FSM completed the Family Health and Safety Study (FHSS) in 2014. The FHSS is a study of various aspects of a woman’s life including socioeconomic information, her health, her family, and her relationships. The Kosrae State government enacted the Family Protection Act in 2013. The Chuuk State government increased the age of consent from 13 years old to 18 years old.
Recommendation 65
90. All four states of the FSM have centers that serve the women and children in their communities and can easily double as women’s activity places and shelters and children’s day care centers.
Recommendation 66
91. Title 41, Chapter 5 of the FSM Code states that the FSM Government is responsible for the care and protection of children removed from their homes because of abuse.
J. Thematic area: environment and climate change
96. The FSM received funding from the International Organization for Migration (IOM) to address climate change disaster risk reduction and mitigation steps for climate change response in its school system.
97. Kosrae State incorporated climate change information into its school curricula in 2013.
K. Thematic area: violence against women
Recommendations 25–28
101. To fully implement legislation related to the rights of women, and explicitly ban marital violence, Kosrae State has enacted its Family Protection Act, LB 10-20, L.D.3, 2014; Chuuk State has increased the age of consent from 13 to 18, CSL12-14-18, 2014; and Pohnpei State has set up a Domestic Violence unit in the Pohnpei State Department of Public Safety. Pohnpei, Yap and Kosrae have No-Drop policies that give exclusive power to the states to decide whether to bring charges against alleged perpetrators of domestic violence. There is a Family Safety bill pending before the Pohnpei State Legislature. The Pohnpei State Government, in partnership with the Secretariat of the Pacific Community, conducted a gender mainstreaming workshop in Pohnpei for the development of a general policy for the state.
102. The Kosrae State Legislature adopted a resolution on the Implementation of the Kosrae Family Protection Act.
Recommendations 60–62
105. A Family Health and Safety Study was conducted in the FSM with support from UNFPA, as part of a regional effort to collect prevalence data on violence against women. The collected data as well as accompanying recommendations provide an important road map for addressing child protection and violence against women.
V. Achievements, best practices, challenges and constraints
109. Achievements in the advancement of human rights in the FSM since 2010 include:
(c) The FSM launched the Child Protection Baseline Report in 2014;
VI. Key national priorities and initiatives to undertake in the next few years
111. The FSM prioritizes the following initiatives:
(b) The drafting and submission of the FSM’s country report for the Convention on the Rights of the Child.
Compilation of UN Information
1. Background and framework
A. Scope of international obligations
International human rights treaties
3. The country team noted that, in ratifying CEDAW, the Federated States of Micronesia expressed reservations to article 11 (1) (d), regarding equal remuneration and recognition in employment; article 11 (2) (b), regarding maternity leave and comparable social benefits; article 2 (f), regarding the removal of discriminatory legislation, regulations, customs and practices; article 5, regarding the modification of the cultural and social patterns of conduct of men and women, including in respect of child-rearing responsibilities; article 16, regarding the elimination of discrimination against women in all matters relating to marriage and family relations; and article 29 (1), regarding the option for a party in a dispute concerning the interpretation or application of CEDAW to request arbitration.
7. The country team highlighted that the Federated States of Micronesia had yet to fulfil its reporting obligations under CRC and OP-CRC-SC. While acknowledging the challenges faced by small island developing States in meeting their reporting obligations, the country team encouraged the Federated States of Micronesia to submit its periodic report on the implementation of CRC, which was due in June 2000, and its report on the implementation of OP-CRC-SC, which was due in May 2014, and to seek and utilize technical support and resources from the United Nations entities such as the United Nations Children’s Fund and development agencies to accelerate efforts to fulfil its reporting and implementation obligations in respect of OP-CRC-SC.1
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
B. Right to marriage and family life
12. The country team noted that the minimum legal age for marriage in the Federated States of Micronesia was 18 years for boys and 16 years for girls, but that girls under 16 may marry with parental consent.
13. The country team encouraged the passage of a legislative amendment to raise the minimum age of consent to marriage for girls to 18 years, in line with CRC and article 16 (2) of CEDAW.
D. Right to work and to just and favourable conditions of work
16. According to the country team, there is currently no labour law in place in the Federated States of Micronesia setting out the minimum age and conditions of employment. Hence, it encouraged the Federated States of Micronesia to put in place labour laws that comply with article 32 of CRC, on protecting all children from economic exploitation, setting the minimum age for admission to employment and regulating work conditions. It also encouraged the Government to enact legislative reforms with a view to addressing the issue of persons who expose children to a hazardous work environment or interfere with their education, right to health and social development through employment.
F. Right to health
20. The country team noted that the Maternal and Child Health Programme of the Federated States of Micronesia provided clinical and outreach activities within communities and schools, and included efforts to reach out-of-school adolescents.
21. The country team highlighted that the Federated States of Micronesia had made significant progress in reducing infant and under-5 mortality, showing a fundamental commitment to child health. Nearly 90 per cent of births occurred in a health facility.
22. According to the country team, breastfeeding helps protect babies and young children against dangerous illnesses. There is a dearth of detailed data in the Federated States of Micronesia regarding breastfeeding practices, including on whether newborns are breastfed within one hour or one day of birth, on the mean duration of breastfeeding, on exclusive breastfeeding and on when solid foods are introduced into the infant’s diet. Pohnpei is the only State with a baby-friendly hospital, which is an important step in the promotion of breastfeeding. Chuuk has an active breastfeeding support group, which might explain the higher rates of breastfeeding in that State.
23. The country team stated that efforts were being made by the Federated States of Micronesia to reduce the risk posed by sexually transmitted infections and HIV through the preventive health service. At the national and State levels, coordinators on sexually transmitted infections and HIV had been appointed. Faith-based groups, including churches, were also acknowledging and addressing the problems posed by such infections, and foreign donors were supporting prevention activities. The country team encouraged the strengthening of routine and active surveillance systems and of federal and State capacity to plan, implement, monitor and evaluate national programmes addressing sexually transmitted infections and HIV, paying special attention to reaching the most vulnerable and at-risk populations, including adolescents and youth.
24. The country team also encouraged the Federated States of Micronesia to expand the availability and accessibility of affordable services for people living with HIV and other sexually transmitted infections, particularly women, children, adolescents and young people, by updating policies and guidelines on testing and counselling. On the prevention of mother-to-child transmission of HIV, the country team encouraged using rapid point-of- care tests; focusing on provider-initiated counselling and testing; ensuring that all HIV- positive pregnant women receive lifetime treatment in an effort to significantly reduce the risk of transmitting HIV to their children; and ensuring that infants born to HIV-positive mothers are tested for HIV within two months of birth so that they can begin lifesaving treatment immediately, if required.
25. The country team highlighted the fact that immunization coverage varies widely between States and that according to official estimates it has decreased since the mid- 2000s. The country is not achieving its own domestic target of 90 per cent of children completing all immunization by or before two years of age. The country team recommended the implementation of public health interventions to expand immunization coverage, including to rural communities and outer islands.
26. The country team noted that malnutrition, which was a common problem among young children, was due more to the consumption of unhealthy or inappropriate food than to a lack of access to nutritious food. Micronutrient malnutrition was relatively common: around one third of pregnant women and infants screened in public hospitals were found to be anaemic in 2011. The country team encouraged the Federated States of Micronesia to continue its efforts to combat malnutrition and micronutrient deficiencies by ensuring the right to adequate food.
27. The country team stated that, when considering child mortality as a whole, neonatal deaths accounted for 41 per cent of all deaths among children under 5 years of age. It encouraged the Federated States of Micronesia to ensure the right to health of newborns. Interventions could include focused antenatal care, early essential newborn care, emergency maternal and newborn care, breastfeeding, affordable neonatal intensive care for the seriously ill newborns and community follow-up for postnatal care, including community- based care for mothers and newborns.
29. According to the country team, the level of contraceptive use is low owing to various factors: poor service delivery due to geography, a lack of supplies and cultural and religious beliefs against contraceptive use. The unmet need for contraceptives is estimated at 44 per cent and the adolescent fertility rate is of 46 births for every 1,000 women of between 15 and 19 years of age. The country team encouraged the development of family planning and adolescent health policies and programmes for reproductive health education and services and the strengthening of support services, including through the introduction of comprehensive sexuality education, youth-friendly services and counselling for both adolescents and their families.
G. Right to education
30. UNESCO noted that the Federated States of Micronesia had a strategic plan to provide overall guidance for improving education in the country. However, the states of the federation had the primary responsibility for instruction, with the national Government providing support and assistance.40 The country team noted that the Strategic Development Plan 2004-2023 contained five goals for the education sector: improving the quality of education, providing quality teaching, consolidating performance monitoring and data- based decision-making, strengthening participation in and accountability of the education system to the communities, and ensuring education that is relevant to the lives and aspirations of the people of the Federated States of Micronesia people.
31. According to the country team, the Federated States of Micronesia is developing a kindergarten curriculum to enhance social skills through mathematics and language activities. It is anticipated that this will strengthen the standards and alignment of the early childhood education Country teamcurriculum with national benchmarks.
32. UNESCO stated that, in 2012, the special education programme catered to the needs of nearly 1,900 children, most of whom had learning disabilities and speech impairments. The challenge of facilitating the transition of students and adults with disabilities between home, early childhood education, school, college and work remained.
33. The country team noted that, according to the 2010 census, some 85 per cent of primary-school-age children attended school in 2010, compared with only 55 per cent of secondary-school-age children. There were significant disparities between and within the four states.44 UNESCO noted that the country had achieved gender parity in primary education but that boys tended to be at a disadvantage at the secondary level.
34. The country team expressed concern about the quality of education: more than 40 per cent of pupils in eighth grade eight were scoring far below the national minimum benchmarks for mathematics and reading. The poor quality of learning and educational achievements was attributed to inadequate resources and a lack of qualified teachers.
35. The country team noted that migration from rural to urban areas was on the increase, causing overcrowding in urban schools and the depletion of students in outer-island schools. It also noted other concerns, including poor school infrastructure and limited contact with schools on the outer islands, as well as the high cost of such contact, which made it difficult for state and Federal agencies to provide technical assistance and support.
36. According to the country team, the early childhood education curriculum had been revised and was aligned to national benchmarks and standards. It noted that the use of the vernacular as the main language of instruction during the earliest years of school was recognized in early childhood education as a best practice. The country team recommended taking into consideration the gradual and slow introduction of English in early childhood education and the first year of primary school, while also supporting a strong foundation in language and literacy in the vernacular.
37. The country team noted that, as the education budget had been decentralized to the states, funding for early childhood education had been deprioritized and early childhood education had suffered. It recommended that all states in the country ensure that primary education is compulsory, available and free to all. The country team also encouraged the Federated States of Micronesia to provide funds for training and for the professional development and ongoing monitoring of teachers.
I. Persons with disabilities
41. UNESCO too noted the National Policy on Disability, which was designed to increase awareness and inclusion of people with disabilities. UNESCO also noted that the remaining gaps in the system for delivering services to children with special needs were due to a critical shortage of appropriately trained professionals and to transportation problems.
42. The country team expressed concern about the critical shortages of appropriately trained professionals and the limited access to transportation negatively affecting the human rights of children with disabilities. The country team encouraged the adoption of a rights- based approach to disability and encouraged the Federated States of Micronesia to seek technical support from the United Nations and development partners with a view to empowering and protecting the rights of persons with disabilities, including children.
J. Right to development, and environmental issues
45. The country team encouraged the development and adoption of child-centred disaster risk reduction frameworks and strategies, which is crucial to the protection of children. It also encouraged the Federated States of Micronesia to engage with the United Nations and development partners wherever technical support was required.
Stakeholders Information
A. Background and framework
1. Scope of international obligations
1. KALEIDOSCOPE stated that although the Federated States of Micronesia had not ratified many significant human rights treaties, which form the foundation of international human rights law, it had ratified both the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child.
B. Implementation of international human rights obligations
1. Equality and non-discrimination
6. KALEIDOSCOPE highlighted that the Federated States of Micronesia had obligations under its existing international law commitments to prevent and prohibit discrimination against women and children, and a child's parents or legal guardians, based on sexual orientation and gender identity.
8. KALEIDOSCOPE stated that during the Federated States of Micronesia's first Universal Periodic Review in 2011, it was recommended that the Federated States of Micronesia include sexual orientation and gender identity as prohibited grounds for discrimination in legislation and equality initiatives, which was accepted by the Federated States of Micronesia. Despite the Federated States of Micronesia having accepted this recommendation, no steps had been taken to implement such initiatives.
9. KALEIDOSCOPE stressed that a framework of legal reform needed to be implemented that will actively prevent and prohibit discrimination of LGBTI persons in all facets of life and society including employment, health and education in the Federated States of Micronesia. Such a framework should include legislation that specifically prohibits discrimination based on sexual orientation and gender identity in all aspects of Micronesian society, including, but not limited to, employment, education, and housing.
10. KALEIDOSCOPE stated that in 2013, there were no known reports of violence, official societal discrimination or workplace discrimination against LGBTI people. However, the culture stigmatized public acknowledgement or discussion of certain sexual matters, and it is rare for individuals to identify themselves publically as LGBTI people. In this connection, KALEIDOSCOPE recommended that the Federated States of Micronesia take other positive steps to counter stigma, stereotypes and prejudice against LGBTI people, including appropriate policy or educational initiatives.
11. KALEIDOSCOPE also noted that the Federated States of Micronesia currently had in place laws which discriminate against LGBTI individuals. Under the Code of the Federated States of Micronesia (1999) joint adoption by same-sex couples was not permitted. In addition, the law did not permit the marriage of same-sex couples.16 KALEIDOSCOPE recommended that the Federated States of Micronesia amend the Code of the Federated States of Micronesia (1999) to allow adoption of children by same-sex couples.
2. Right to life, liberty and security of the person
17. Global Initiative to End All Corporal Punishment of Children (GIECPC) emphasized that corporal punishment of children was still lawful, despite the country’s accession to the Convention on the Rights of the Child in 1993 and the Government’s acceptance of recommendations made during the UPR in 2010 to end all forms of violence against children and to ensure its laws comply with the Convention on the Rights of the Child.
18. GIECPC further specified that in the Federated States of Micronesia, corporal punishment of children was unlawful as a sentence for crime and possibly in schools, but it was lawful in the home, alternative care settings, day care and penal institutions. There were immediate opportunities for prohibiting corporal punishment in the context of the review of the Criminal Code and of child protection legislation.
19. GIECPC recommended that the Federated States of Micronesia prohibit all corporal punishment of children in all settings, including the home.
3. Administration of justice, including impunity and the rule of law
22. KALEIDOSCOPE also noted that same-sex couples were not permitted to adopt in the Federated States of Micronesia: the Code of the Federated States of Micronesia (1999) states that any suitable person who is not married or is married to the father or mother of a minor child, or a husband and wife may adopt a child not theirs by birth. While any "suitable person who is not married" may adopt, this would only allow one member of a same-sex couple to adopt as a single person. Joint adoption by a same-sex couple is not permitted.
4. Right to marriage and family life
25. ICAAD noted that all Federated States of Micronesia States included “the best interests of all” in determining custody. This did not place the child’s interests as paramount and therefore violated the best interest of the child standard required under Article 16(f) of CEDAW.
6. Right to work and to just and favourable conditions of work
27. ICAAD noted that none of the Federated States of Micronesia or its island states had enacted legislation or mechanisms to protect the employment and labour rights of workers other than in the public service and the judiciary. There were no anti-discrimination provisions, no sexual harassment protection, no breaks for mothers to enable them to nurse young children during work hours, and no equal pay provisions except in Pohnpei, and limited maternity leave.
Accepted and Rejected Recommendations
The recommendations formulated during the interactive dialogue/listed below have been examined by the Federated States of Micronesia and enjoy the support of the Federated States of Micronesia:
62.22 Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, and prohibit all corporal punishment of children in all settings, including at home environment (Estonia);
62.23 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (France);
62.24 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Spain);
62.25 Harmonize the national legislation with the Convention on the Rights of the Child and article 16 (2) of the Convention on the Elimination of All Forms of Discrimination against Women by passing a legislative amendment to raise the minimum age of consent to marriage for girls to 18 years (Montenegro);
62.37 Continue efforts towards bringing national laws related to women and children in line with its obligations under international human rights law (Georgia);
62.41 Develop human rights education and training and include the aspects of women’s and children’s rights in education curricula (Slovenia);
62.50 Eliminate all laws and practices that discriminate against women and promote equal treatment of girls and boys (Cyprus);
62.58 Undertake awareness-raising and education on violence against women (Slovenia);
62.64 Implement effective measures against domestic violence, including spousal rape, bring perpetrators to justice, and develop public education campaigns in this area (Canada);
62.68 Develop a national action plan to combat domestic violence against women and children (New Zealand);
62.69 Ensure adequate protection and sheltering of women and children in need (Slovenia);
62.70 Ensure that federal legislation provides adequate protection for women and children, including by criminalizing violence in line with obligations under international human rights law (United Kingdom of Great Britain and Northern Ireland);
62.71 Strengthen measures to combat violence against women, as well as to prohibit corporal punishment of children and to set out the minimum age to work (Brazil);
62.72 Consider passing a domestic violence law which makes reporting of violence within the family and especially against women and children mandatory, and which creates a regime of family violence restraining orders designed to protect the family against further violence (Fiji);
62.73 Put in place a follow-up and evaluation mechanism on the situation of protection of children and strengthen the institutions working in that area (Morocco);
62.74 Take legislative measures to prohibit all forms of corporal punishment of children in all settings (Namibia);
62.75 Expand education and awareness campaigns on the issue of trafficking in persons and make efforts to study human trafficking in the country (United States of America);
62.84 Continue efforts to improve conditions for girls, particularly with respect to the quality of nutrition, health care and education, and to their civil rights, including equitable heritable rights (Canada);
62.89 Adopt concrete measures to prevent discrimination against persons with disabilities in the private sector and in access to services such as health and education (Spain);
62.91 Encourage the Government to develop a child-friendly centre for disaster risk protection (Timor-Leste);