GABON: 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/CO/70/GAB
Last reported: 27 October 2000
Concluding Observations issued: 10 November 2000

Issues raised:

Juvenile justice: The Committee notes the delegation's statement that, in prison, detainees are segregated, accused persons being kept separate from convicted persons and juveniles from adults. It is, however, concerned to learn that such segregation is still not practised in some rural prisons. Although, since the consideration of the previous report, Gabon has made efforts to restructure its prisons and has built two new ones, the Committee is still concerned about the dilapidated state of the old prisons, the overcrowding and the lack of hygiene. (Paragraph 14).

The State party must bring prison conditions into line with article 10 of the Covenant and the Standard Minimum Rules for the Treatment of Prisoners, making those rules available to the police, the Armed Forces, prison staff and anyone else responsible for conducting interrogations, as well as to persons deprived of their liberty.

Exploitation: The Committee is concerned about the exploitation of children, including foreign children. It notes that the Libreville Conference in February 2000 showed this to be a veritable scourge. (Paragraph 18).

The State party must take all necessary steps to ensure that children enjoy special protection, in accordance with its obligations under article 24 of the Covenant.

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/GAB/CO/1)

Last Reported: 18 and 19 November 2013                                                               Concluding Observations issued: 27 December 2013

Issues raised and recommendations given:

Discrimination: The Committee regrets the discrimination and stigmatization of all low-income and marginalized individuals and groups, including women, persons with disabilities, lesbian, gay and bisexual and transsexual (LGBT) persons, children born out of wedlock, migrant workers and their families and Pygmy communities. The Committee urges the State party to ensure that all low-income and marginalized individuals and groups can permanently exercise the rights recognized in the Covenant, in particular in respect of access to employment, social services, health care and education. (art. 2, para. 2) (Para. 12)        

Harmful Practices: The Committee is particularly concerned by the persistence of practices that are harmful to women and girls, such as early marriage, forced marriage, polygamy, widowhood practices, levirate and female genital mutilation, as well as of stereotypes that discriminate against women and constitute a violation of women’s fundamental rights under the Covenant. The Committee urges the State party to redouble its efforts to combat all practices that are harmful to women and girls, by, for example, acting on the results of studies that are corroborated by empirical data on the root causes of such practices, paying due attention to their various manifestations in ethnic groups and in customs, and conducting an on-going awareness campaign to draw attention to such practices. (art. 2, para. 2, and art. 3) (Para. 14)

Youth unemployment: The Committee expresses its concern at the scale of unemployment in the State party, despite the implementation of a national policy that makes employment a “top priority”. The Committee is also concerned that unemployment currently affects 60 per cent of young adults. The Committee recommends that the State party expedite the adoption and implementation of the national employment policy and a long-term operational action plan incorporating a human rights-based approach. In this context, the Committee recommends that the State party adopt a strategy to effectively address the causes of youth unemployment, while creating employment opportunities for young people and strengthening vocational training activities adapted to the needs of the market. The Committee draws the attention of the State party to its general comment No. 18 (2005) on the right to work. (art. 6) (Para. 15)

Standard of Living: The Committee is concerned by the low level of the minimum wage, which does not allow workers and members of their families a decent standard of living. It is also concerned that the minimum wage does not apply to workers in the informal economy. The Committee urges the State party to ensure that the minimum wage is revised regularly, taking strict account of the cost of living for workers and their families so that it allows all workers and members of their families a decent standard of living. It also urges the State party to enforce the minimum wage in the public and private sectors, including the informal economy. (arts. 6 and 7) (Para. 18)

Child Labour: The Committee notes with concern that child labour is still widespread, especially in the agricultural and informal sectors, despite the State party’s efforts in this regard. The Committee notes with concern that the legal framework does not fully reflect the relevant international legal standards in the area of child labour, particularly in relation to the specification of categories of hazardous work. The Committee recommends that the State party intensify its efforts to combat all forms of child labour, including by: (a) Conducting labour inspections in the agricultural and informal sectors; (b)  Ensuring that employers who exploit child labour are prosecuted; (c)  Strengthening the domestic legal framework by bringing it into line with the Covenant and other applicable international legal standards, including the International Labour Organization (ILO) Worst Forms of Child Labour Convention, 1999 (No. 182); (d) Ensuring that child victims of such exploitation and their families are systematically supported and included in a rehabilitation programme adapted to their specific needs. (art. 10, para. 3) (Para. 24)

Poverty: The Committee notes with concern that the great majority of the population of the State party, including women, older persons and young people, live in poverty despite the implementation of a poverty reduction strategy. The Committee also notes with concern that poverty takes extreme forms and affects more people in urban areas, where inequalities in income distribution remain particularly worrying. The Committee recommends that the State party ensure that the poverty reduction and employment promotion strategy prioritizes and allocates resources to the fight against poverty in urban areas and in the poorest regions, with a view to, inter alia, reducing inequalities in the distribution of wealth. The Committee draws the State party’s attention to its statement entitled “Poverty and the International Covenant on Economic, Social and Cultural Rights” (E/2002/22-E/C.12/2001/17, annex VII). (art. 11) (Para. 25)

Health: The Committee notes that, despite the State party’s efforts, the resources allocated to the health sector remain inadequate. In this regard, the Committee notes the lack of human resources and adequate health infrastructure, the high cost of health care, as well as the extent of public health problems such as malaria, diarrhoeal diseases, malnutrition and infant and maternal mortality rates. The Committee urges the State party to increase the resources allocated to the implementation of the national health policy and to draw up a timetable for meeting the Abuja Declaration target. The Committee also recommends that the State party ensure that necessary measures are taken to alleviate public health problems as part of the implementation of the policy. The Committee refers the State party to its general comment No. 14 (2000) on the right to the highest attainable standard of health. (art. 12) (Para. 28)

Education: The Committee notes with concern the high illiteracy, school dropout and repetition rates in the State party. The Committee is also concerned about the fact that the education system suffers from, inter alia, a severe lack of trained teachers and inadequate curricula. The Committee recommends that the State party allocate sufficient resources to uphold the right to education for everyone and to address the root causes of its school dropout and repetition rates. It also recommends that the State party adopt a literacy and non-formal education policy and continue its efforts to ensure that human rights are taught at all levels of the education system. The Committee draws the State party’s attention to its general comment No. 13 (1999) on the right to education. (arts. 13 and 14) (Para. 30)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/304/Add.58
Last reported: 10 / 14 August 1998
Concluding Observations issued: 10 February 1999

Issues raised:

Human Rights Education: With respect to article 7 of the Convention, the lack of information on programmes for the training of magistrates, law enforcement officials, teachers and social workers, aiming at raising their awareness of problems related to racial discrimination, is regretted. (Paragraph 12).

In connection with the implementation of article 7 of the Convention, the Committee recommends that the State party take all necessary measures to ensure the training and education of law enforcement officials, teachers, social workers and students in the prevention of racial discrimination, and to include the teaching of human rights in school curricula.

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UN Committee on the Elimination of Discrimination against Women

 

CEDAW/C/GAB/CO/6

Adopted by the committee: 17 February 2015

Published by the Committee: 6 March 2015

Issues raised:              

Harmful practices:

The Committee is concerned at the persistence of adverse cultural norms, practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society. It notes that stereotypes contribute to the persistence of violence against women as well as harmful practices, including female genital mutilation, child marriage, widowhood practices, levirate and ritual crimes. The Committee is also concerned that the State party has not taken sufficient sustained and systematic action to modify or eliminate stereotypes and negative cultural values and harmful practices (para.20).

It is also concerned about the persistence of the practice of enslaving indigenous people, including women and girls (para.42).

It is further concerned about the existence in the Civil Code of numerous discriminatory provisions, including provisions related to polygamy, the lower minimum age of marriage for girls compared to boy (para.44).

Sexual exploitation:

The Committee is concerned about the lack of data on the extent of trafficking in women and girls to, from and transiting through the State party;  Reports on cases of trafficking in women and girls for purposes of domestic servitude, forced and servile marriages, forced begging and sexual exploitation and prostitution; The absence of a law and strategy aimed at combating trafficking in human beings (para.24).

Nationality:

The Committee is concerned that 11 percent of children are still not registered in the State party and that parents still face obstacles to birth registration, including complex procedures and indirect costs of birth registration. The Committee is concerned that this situation might place children at a risk of statelessness, prevent them from accessing education or health-care services and from claiming social benefits, and impact negatively on the legal status of women (para.28).

Education:

The Committee is concerned about the very high drop-out rate in primary and secondary levels of education, including among girls due, among others, to teenage pregnancies; The low enrolment rates of girls at the tertiary level of education and the under-representation of girls in traditionally male-dominated fields of studies, such as in science and technology; The prevalence of sexual violence against and sexual harassment of girls at school (para.30).

Health:

The Committee is concerned about the disproportionately high number of women living with HIV/AIDS, the high rates of mother-to-child transmission of HIV and the limited availability of HIV/AIDS-related services, including antiretroviral treatment, especially in rural areas (para.34).

CEDAW/C/GAB/CC/2-5
Last reported: 13 January 2005
Concluding Observations issued: 15 February 2005

Issues raised:

Early marriage: The Committee is concerned about the persistence of discriminatory legal provisions, particularly pertaining to marriage and family relations in the Civil and Penal Codes, including in respect of minimum age of marriage, separation and divorce, custody of children, equal-inheritance rights of widows as well as equal choice of residence and profession. The Committee is also concerned that the Civil Code recognizes the option of polygamy. Although an inventory of discriminatory legislation was compiled in 1997, and a number of studies have been undertaken on the discriminatory impact of legislation, the Committee is concerned about the lack of progress in amending discriminatory laws, in particular, the Civil and Penal Codes. (Paragraph 22).

The Committee urges the State party to accelerate the process of legal reform to eliminate discriminatory provisions, especially in the Civil and Penal Codes, to ensure their full compliance with articles 2 and 16 of the Convention and the Committee's general recommendation 21, on equality in marriage and family relations. The Committee urges the State party to establish a concrete programme and timetable for such a reform process and to activate fully the inter-ministerial committee established for the purpose of reviewing the discriminatory aspects of the various codes. The Committee also encourages the State party to step up its efforts to increase awareness about the importance of legal reform for achieving de jure and de facto equality for women in accordance with its obligations under the Convention.

Violence: In accordance with its general recommendation 19, the Committee urges the State party to give high priority to putting in place comprehensive measures to address all forms of violence against women and girls, recognizing that such violence is a form of discrimination against women and constitutes a violation of their human rights under the Convention. The Committee calls upon the State party to enact, as soon as possible, legislation on violence against women, including domestic violence, so as to ensure that violence against women constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. (Paragraph 27).

Trafficking: While welcoming the adoption of a law to prevent and combat trafficking in children, the Committee is concerned that similar measures have not been undertaken with regard to trafficking in women. (Paragraph 28).

The Committee urges the State party to intensify its efforts to combat trafficking in women and girls, including the adoption and implementation of a comprehensive strategy to prevent trafficking, punish offenders and protect and rehabilitate victims.

Education: The Committee expresses concern that although education is compulsory for all children aged 6 to 16 under Act No. 16/66 of 10 August 1966, the attendance rates for girls drop precipitously at higher levels of education, with 39.94 per cent in junior high school and 7.20 per cent in upper high school. The Committee is also concerned that the attendance rates for girls drop to 2.63 per cent in higher education. (Paragraph 32).

The Committee urges the State party to raise awareness of the importance of education as a fundamental human right and as a basis for the empowerment of women. It recommends that the State party prioritize efforts to ensure equal access of girls and young women to all levels of education and to increase their rates of enrolment and retention, including through the use of temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation 25 on temporary special measures by giving incentives to parents and scholarships to girl students. The Committee encourages the State party to use its educational and training systems systematically for enhancing knowledge about the Convention and women's right to equality and non-discrimination.

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UN Committee against Torture
CAT/C/GAB/CO/1
Last reported: 8 / 9 November 2012

Concluding Observations issued: 17 January 2013

Issues raised:

 

Prison conditions: The Committee has taken note of the State party’s efforts to improve prison conditions, including its plan to build new prisons and renovate older ones, and its undertaking to significantly reduce overcrowding in its prisons starting in late 2012. It is nonetheless concerned about those conditions, particularly with regard to hygiene and access to health care and to adequate food. It is, in addition, concerned about the high rate of overcrowding, especially in Libreville Central Prison, and by reports that the principle whereby different categories of inmates are to be held separately is not always observed in prisons located in rural areas. The Committee is also concerned about the lack of information on the enforcement of the law adopted on 26 December 2009 that provides for improved monitoring of persons serving their sentences and better prison management, as well as about the absence of specific information on complaints filed by prisoners and on how those complaints have been processed. (arts. 11 and 16) Para 17.

The State party should redouble its efforts to improve prison conditions and to ensure that they conform to the United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the Economic and Social Council in its resolutions 663 C (XXIV) and 2076 (LXII). To this end, it should:

       (a)           Significantly reduce prison overcrowding, especially in Libreville Central Prison, through a greater use, in particular, of non-custodial measures as outlined in the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules);

       (b)           Reduce the duration of pretrial detention and release prisoners who have served most of their prison sentences and whom the relevant authorities consider to be ready to rejoin society;

       (c)           Ensure that, in accordance with international standards, minors are separated from adults, remand prisoners are separated from convicted prisoners, and women are separated from men, particularly in rural prisons;

       (d)           Ensure that prisoners have genuine access to a means of filing a complaint regarding their conditions of detention and/or ill-treatment and that impartial, independent investigations into such complaints are promptly carried out;

       (e)           Bring its sentencing policy regarding minors into line with international standards; and

       (f)            Guarantee access to health care and to an adequate daily diet.

                       

Juvenile justice: While noting that the State party has introduced a new juvenile justice regime with the adoption of Judicial Protection of Minors Act No. 39/2010 of 25 November 2010 and the promulgation of Decree No. 0806/PR of 25 November 2010, which establishes special provisions regarding pretrial detention and the age of criminal responsibility, the Committee regrets that the amended legislation does not include a scheme of non-custodial sentences for minors. (arts. 2, 10 and 16) Para 18.

The State party should:

       (a)           Incorporate non-custodial measures into the justice system for minors in conflict with the law;

       (b)           Ensure that minors are not held in detention except as a last resort and for the shortest amount of time possible;

       (c)           Ensure that minors who have been deprived of their liberty have the benefit of all legal safeguards and that convicted minors are held separately from adults, men are held separately from women, and remand prisoners are held separately from convicted prisoners, in accordance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), adopted by the General Assembly in its resolution 40/33 of 29 November 1985, and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), adopted by the General Assembly in its resolution 45/112 of 14 December 1990.

The State party should also train a sufficient number of qualified staff members to handle the caseload in the juvenile justice system.

Trafficking: The Committee takes note of the numerous legislative, institutional and awareness-raising measures adopted by the State party to prevent and combat human trafficking. Nevertheless, the Committee is concerned by the persistence in the State party of the practice of trafficking in persons, including children (30.6 per cent), as forced labour and for purposes of sexual exploitation. The Committee is equally concerned by the fact that the measures in place to combat trafficking fall short of what is needed, given, for example: the fact that Act No. 09/2004 does not penalize all forms of human trafficking and does not penalize trafficking of persons over 18 years of age; the absence of specific data on the extent of trafficking; the lack of regulations on victim assistance; the lack of qualified investigators; the absence of information on the complaints that have been filed and their outcome; the lack of sufficient funding for shelters; and the existence of some degree of impunity for those responsible. (arts. 2, 12, 13, 14 and 16). Para 19.

The State party should:

       (a)           Ensure the effective enforcement, in full compliance with the Convention, of existing anti-trafficking laws;

       (b)           Amend Act No. 09/2004 so that it also criminalizes trafficking in persons over the age of 18, as well as all forms of trafficking, particularly trafficking of persons as forced labour and for purposes of sexual exploitation or servitude;

       (c)           Conduct a study to determine the actual extent of human trafficking in the State party and the relevant causal factors;

       (d)           Put an end to impunity by conducting systematic investigations into allegations of trafficking, prosecuting perpetrators and imposing appropriate punishments upon them;

       (e)           Offer victims protection, sufficient compensation and rehabilitation services as necessary and step up its awareness campaigns;

       (f)            Train investigators and other personnel who come into contact with trafficking victims, including immigration service staff, and provide shelters with sufficient funding.

                         Ritual crimes

Ritual crimes: The Committee takes note of the information provided by the State party on the steps taken to put an end to ritual crimes. Nonetheless, the Committee remains concerned about the persistence of ritual crimes involving children in the State party. The Committee is also concerned by the lack of accurate, detailed information on the scale of this problem, the investigations undertaken, the legal proceedings initiated, the trials held, the sentences handed down to perpetrators of such crimes, the redress offered to victims and awareness-raising measures. (arts. 2, 12, 13, 14 and 16). Para 20.

The State party should, as a matter of urgency, adopt preventive and protective measures with regard to ritual crimes. It should carry out a study to determine the scale of the problem and step up its efforts to raise the population’s awareness of it. The State party should continue to conduct investigations, to prosecute, bring to justice and punish those guilty of such crimes and to inform the Committee about the outcomes of the judicial action taken in cases now pending. In addition, the State party should take steps to provide redress, compensation or rehabilitation services to victims.

                        

Female genital mutilation: While taking note of the measures adopted by the State party, particularly Act No. 0038/2008 of 29 January 2009, which is designed to combat and prevent female genital mutilation, as well as the information provided by the State party’s delegation on the reasons underlying this practice, the Committee remains concerned by the fact that girls continue to be subjected to female genital mutilation in the State party. It is equally concerned by the absence of detailed information on the complaints that have been filed and the investigations conducted into those complaints, on the legal proceedings brought against those responsible for this practice and on the penalties imposed upon them. (arts. 2, 12, 13, 14 and 16). Para 21.

The State party should strengthen its laws and other measures for the prevention and elimination of the practice of female genital mutilation by, inter alia, ensuring that its existing laws on the subject are effectively enforced in accordance with the Convention. To this end, it should assist victims to file complaints, conduct the corresponding investigations, prosecute those responsible, impose appropriate penalties upon the guilty parties and provide victims with appropriate redress, compensation or rehabilitation services. It should also increase the scope of campaigns to raise awareness, particularly among families, of the harmful effects of this practice.

 

Corporal punishment: While taking note of the information provided by the State party’s delegation which indicates that children are safeguarded by the Minors Protection Code, by the law on domestic, school-related and institutional violence and by the awareness campaigns conducted in Libreville, Owendo, Makokou and Oyem on the worst forms of corporal punishment inflicted upon schoolchildren, the Committee is concerned by reports indicating that corporal punishment continues to be practised in homes and schools. (art. 16). Para 25.

The State party should takes steps to ensure the effective enforcement of its legislation in order to make certain that corporal punishment is not practised under any circumstances. It should also step up its campaigns aimed at raising public awareness about the harmful effects of corporal punishment and about the fact that it is prohibited.
 

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UN Committee on Migrant Workers

Signed in 2004, but not yet ratified.

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/GAB/CO/1

Last reported: 20 and 21 August 2015

Concluding Observations adopted: 31 August 2015

Issues raised:

Women with disabilities: The Committee is concerned about the lack of specific provisions targeting women and girls with disabilities and the absence of mainstreaming of their rights in legislation, policies and programs concerning women and gender equality such as the Decade on Women (2015-2025), as well as the lack of an explicit definition of discrimination against women.  In addition, the Committee is concerned about the lack of implementation of social policies to allocate resources for women and children with disabilities including those living in rural areas and belonging to indigenous populations (pygmy communities) and ethnic minorities, and the lack of participation of women with disabilities in decision-making processes. The Committee recommends that the State party adopt a twin track approach to ensure measures targeting women and girls with disabilities, comprising the immediate incorporation of a prohibition of discrimination against women which addresses situations of intersectional discrimination including on the basis of disability; the allocation of specific resources for women and girls with disabilities, specifically in the National Strategy on Gender Equality and Equity; as well as the close consultation and active involvement of women with disabilities in decision making processes, including in the above-mentioned strategy and in the Decade of Women of Gabon (Para. 14 & 15).

Children with disabilities: The Committee is concerned that girls and boys with disabilities lack access to services to ensure their development, protection and participation, such as suitable health care and education services, in particular in rural areas. It is also concerned that there are inadequate resources to strengthen support services and information to families of girls and boys with disabilities to ensure they are included at home and in the community. The Committee recommends that the State party review the situation of girls and boys with disabilities in terms of their access to suitable health care, and education services; allocate adequate resources to strengthen support services for girls and boys with disabilities and their families, to raise awareness among parents and the community; and to train professionals in the field. The Committee is concerned that girls and boys with disabilities are not given adequate support and opportunities to express their views and exercise their right to be heard, including in consultations in the drafting of laws and policies. The Committee recommends that the State party establish national mechanisms to enable girls and boys with disabilities to express their views (and receive support if they request it) to fully participate in decision making concerning their lives (Para. 16, 17, 18 &19).

Freedom from exploitation, violence and abuse: The Committee is concerned that there is no law on violence against women, and women and girls with disabilities are not included in the process of consultation regarding proposed legislation on the matter and that frequently they are considered not to be credible witnesses by families, communities and the authorities leading to low reporting and investigation rates. The Committee is further concerned about the lack of accessible services for persons with disabilities experiencing violence, the lack of training of interlocutors working with those experiencing violence to raise their awareness about the rights of persons with disabilities, and the reluctance by authorities to open investigations and prosecutions, which lead to impunity of perpetrators. The Committee recommends drafting and adopting new legislation on violence against women in line with (CEDAW/C/GAB/CO/6, apra. 11), which specifically addresses women and girls with disabilities, and includes them in the consultation and drafting process. Furthermore, the Committee recommends establishing accessible services for persons with disabilities experiencing violence, such as shelters, victim support services, hotlines and complaint mechanisms including in rural areas. It also recommends the training of police, justice personnel, staff providing custodial care in prison or other places of detention, social workers, health professionals and other interlocutors  to ensure protection from and prevention of exploitation, violence and abuse of persons with disabilities including on effective reporting channels with a view to ensuring that all interlocutors take victims seriously and provide support when requested, and that investigations, prosecutions and sanctioning of perpetrators are conducted effectively to prevent recurrence (Para. 38 & 39).

Protecting the integrity of the person: The Committee is concerned that, according to information provided by the State party delegation, the practice of female genital mutilation “only affects women and girls with disabilities who are foreigners”, considering this a "cultural issue". The Committee recommends that the State party adopt all appropriate legal and administrative measures to eradicate female genital mutilation, for all women and girls, including women and girls with disabilities, whatever their country of origin, in accordance to the Committee on the Elimination of Discrimination against Women’s General Recommendation No. 14 (1990)  (Para. 40 & 41).

Liberty of movement and nationality: The Committee is concerned by the absence of data on the number of children with disabilities whose birth is not registered and may not have identity documents, in particular girls. The Committee strongly recommends that the State party establish records to ensure that the birth of all children with disabilities is recorded and that it promptly initiate programmes to provide identity documents to all persons with disabilities (Para. 42 & 43).

Respect for the home and family: The Committee is concerned that Article 204 of the Civil Code restricts persons with psychosocial disabilities (“aliénés interdits”) from marrying on an equal basis with others.  In addition, the Committee is concerned about: a) Inadequate support measures for parents with disabilities to exercise their parental rights; and b) The fact that parents of children with disabilities are not able to access specific support for health, education and training.The Committee recommends that the State party immediately repeal Article 204 and related provisions of the Civil Code restricting marriage on an equal basis with others. Furthermore, the Committee recommends that the State party a) Provide support to parents with disabilities to exercise their full parental rights, and b) Allocate adequate resources to strengthen services for children with disabilities, to support their families and for training of professionals in the field (Para. 50 & 51).

Education: The Committee is concerned that the education of children with disabilities is restricted to segregated schools and about the lack of provision of inclusive, quality education to children with disabilities in mainstream schools. It is further concerned about the so-called verbo-tonal teaching approach applied exclusively in the education of Deaf children instead of providing education in the language of their choosing. The Committee recommends that the State party adopt all necessary measures, including those of legislative nature, to ensure the provision of inclusive, quality education to children with disabilities in mainstream schools within their communities, based on the way and method of communication of their choosing. It also recommends that the State party allocate the appropriate resources, provide reasonable accommodation, accessible curricula, and ensure the mandatory pre-service and in-service training of all teachers and other educational personnel on inclusive, quality education. (Para. 52 & 53).

Health: The Committee is concerned that persons with psychosocial or intellectual disabilities, especially women and girls with disabilities, do not have equal access to the highest attainable standard of health, nor exercise their right to free and informed consent regarding health interventions. The Committee recommends that the State party take the necessary steps to repeal legislation restricting the right of persons with disabilities to free and informed consent and enact laws which explicitly recognise this right of the individual and that it prohibit the substitution of consent by a third party.   The Committee also recommends that the State party adopt measures to ensure that all persons with disabilities, in particular persons with psychosocial or intellectual disabilities, especially women and girls with disabilities, have access to the highest attainable standard of health on an equal basis with others and to conduct regular training of hospital and health care staff on the rights of persons with disabilities, including their right to free and informed consent and reasonable accommodation in all healthcare settings (Para. 56 & 57).

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Ratified in 2007, but not yet reported.

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UN Committee on Enforced Disappearance

Ratified in 2011, but not yet reported.
 

Countries

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