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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________________ Use of, and conditions in, detention for children UN Committee on the Rights of the Child (Concluding Observations, April 2002) In addition, the Committee is deeply concerned at the failure to separate children from adults in jails (with the exception of the central jail in the capital); the poor conditions of detention, mainly due to the overcrowding in detention and prison facilities; the frequent recourse to and excessive length of pre-trial detention; the long length of time before juvenile cases are heard; the very limited possibilities for the rehabilitation and reintegration of juveniles following judicial proceedings; and the sporadic training of judges, prosecutors and prison staff. The Committee recommends that the State party take additional steps to reform the legislation concerning the system of juvenile justice in line with the Convention, in particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty, and the Vienna Guidelines for Action on Children in the Criminal Justice System. As part of this reform, the Committee particularly recommends that the State party: (a) Undertake all necessary measures to ensure the establishment of juvenile courts and the appointment of trained juvenile judges in all regions of the State party; (b) Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time, limit by law the length of pre-trial detention, and ensure that the lawfulness of this detention is reviewed by a judge without delay and then regularly; (c) Provide children with legal and other assistance at an early stage of the procedure; (d) Provide children with basic services (e.g. schooling); (e) Protect the rights of children deprived of their liberty and improve their conditions of detention and imprisonment, notably by establishing special prisons for children with conditions suitable to their age and needs and by ensuring the presence of social services in all detention centres in the country; and in the meantime by guaranteeing separation from adults in all prisons and in pre-trial detention places all over the country; (f) Ensure that children remain in regular contact with their families while in the juvenile justice system; (g) Introduce regular medical examination of children by independent medical staff; (h) Establish an independent child-sensitive and accessible system for complaints for children; (I) Introduce training programmes on relevant international standards for all professionals involved with the system of juvenile justice; (j) Make every effort to establish a programme of rehabilitation and reintegration of juveniles following judicial proceedings; (k) Take into consideration the recommendations of the Committee made at its day of general discussion on juvenile justice (CRC/C/46, paras. 203-238); (l) Request technical assistance in the area of juvenile justice and police training from, among others, the Office of the High Commissioner for Human rights, the United Nations Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the United Nations Coordination Panel on Technical Advice and Assistance on Juvenile Justice. (Paragraphs 66 to 69) UN Human Rights Committee 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. 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. (Paragraph 14) Universal Periodic Review (May 2008) 16. To take further steps to ensure that juvenile courts are set up and that children are separated 18. To create a judicial system for minors and improve their situation, including the separation of ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, April 2000) The Committee is concerned at the difference between the minimum legal ages for marriage of boys (18 years) and girls (15 years), which is gender discriminatory and allows for the practice of early marriages. The Committee recommends that the State party set the same minimum age for marriage for girls and boys by increasing the minimum age for girls, and develop sensitisation programmes involving community leaders, and the society at large, including children themselves, to curb the practice of early marriage. (Paragraphs 20 and 21) UN Committee on the Elimination of Discrimination against Women 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 recognises 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. 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. (Paragraphs 22 and 23) Universal Periodic Review (May 2008) 9. To adopt as a matter of priority legislative and other measures to guarantee gender equality and strengthen efforts to eradicate customs and traditions that discriminate women, and that the minimum legal age for marriage of girls is increased to 18 years (Czech Republic); (pending) ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2001) While noting that child abuse is criminalised under the Penal Code and that the Department of Social Affairs is responsible for addressing cases of child abuse, and taking note of the bill under discussion to criminalise sexual violence against children, the Committee is deeply concerned at the high incidence of abuse within family and in schools in the State party, the lack of statistical data and a comprehensive plan of action, and the insufficient infrastructures. The Committee recommends that the State party: (a) Undertake a study on violence, including sexual violence, against children within the family, at schools and in other institutions in order to assess the scope, nature and causes of these practices with a view to adopting and implementing a comprehensive plan of action and effective measures and policies, in conformity with article 19 of the Convention, and to changing attitudes; (b) Take all necessary steps to introduce the legal prohibition of the use of corporal punishment in schools and other institutions and at home; (c) Properly investigate cases of violence, through a child-sensitive judicial procedure, notably by giving appropriate weight to children’s views in legal proceedings, and apply sanctions to perpetrators with due regard given to guaranteeing the right to privacy of the child; (d) Provide services for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and take measures to prevent the criminalisation and stigmatisation of victims; (e) Take into consideration the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 688 and CRC/C/111, paras. 701-745); (f) Seek technical assistance from, among others, UNICEF and WHO. (Paragraphs 39 and 40) The Committee is deeply concerned that torture is still used by law enforcement personnel during police investigation and in detention centres as mentioned in the State party’s report (para. 159). The Committee urges the State party to take all necessary measures: (a) To immediately put an end to these forms of torture or violence against children and to address their causes in order to prevent their recurrence; (b) To prevent cases of torture through, inter alia, the presence of social workers during investigations and in places of detention; (c) To establish an independent mechanism to investigate reports of torture and to bring to justice the persons responsible; (d) To adopt legislative measures for the fullest compensation and rehabilitation of child victims of torture; (e) To establish accessible and child sensitive structures to receive and address complaints of children; and (f) To train systematically the police forces, prison staff and the judiciary on the human rights of children. (Paragraphs 31 and 32) UN Committee on the Elimination of Discrimination against Women 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, recognising 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). ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2002) While noting the criminalisation of trafficking of children in a recent Act of 2001 and the establishment of a national inter-ministerial committee to fight against trafficking in children, and the serious commitment of the State party with regard to this issue, the Committee is deeply concerned at the large number of trafficked children, particularly children coming from abroad, who are still exploited, mostly in the informal labour market, or enslaved. The Committee encourages the State party to pursue its efforts: (a) To set up a comprehensive programme to prevent and combat the sale and trafficking of children; (b) To implement appropriate policies and programmes for the rehabilitation and recovery of child victims and for access to basic services by children who are awaiting repatriation; (c) To monitor the bilateral agreement with Benin and extend this cooperation to other countries where trafficked children come from, as well as envisage signing agreements with these countries; (d) To carry out an awareness-raising campaign to prevent this phenomenon. In addition, the Committee recommends that the State party ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, adopted in 2000, and the Convention on the Civil Aspects of International Child Abduction adopted at The Hague in 1980. (Paragraphs 59 to 61) UN Committee on the Elimination of Discrimination against Women 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. 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. (Paragraphs 28 and 29). Universal Periodic Review (May 2008) 14. To bring the criminalisation of child trafficking in line with international standards (Mexico); (pending) ______________________________________________________________________ Inadequate education provision, particularly for girls UN Committee on the Rights of the Child (June 2002) While noting the adoption of the Act on the general organisation of education (Act No. 16/96), the high enrolment rate in primary education, the priority given to education and the increasing of the budget allocated to education, the Committee remains deeply concerned at the remaining high illiteracy rate in the State party which affects more women than men, the low enrolment in early childhood education, the very high percentage of repeaters and drop-outs in primary education, the low quality of education, the high teacher-pupil ratio, the very low percentage of children that complete primary education and the important regional disparities. The Committee recommends that the State party: (a) Take the necessary measures to identify the causes of the high rate of repetition and drop-out in primary schools and to provide remedies to this situation; (b) Establish bridges between formal and non-formal education; (c) Take necessary measures to remedy the low quality of education and the internal efficiency of the management of education; (d) Raise awareness about the importance of early childhood education and develop programmes to increase the enrolment at the pre-school level; (e) Extend resources to help children to go to secondary education; (f) Take measures to enable children with disabilities to have access to regular schools and to ensure that these children have access to formal and vocational educational opportunities; (g) Ensure that all girls and boys, wherever they live, including the least developed areas, have equal access to educational opportunities; (h) Orient education towards the aims mentioned in article 29 (1) of the Convention and the Committee’s general comment No. 1 on the aims of education; (i) Implement the ban on corporal punishment in schools and train teachers in the use of alternative measures of discipline; (j) Encourage the participation of children at all levels of school life; and (k) Seek assistance from UNICEF and UNESCO. (Paragraphs 53 and 54) UN Committee on the Elimination of Discrimination against Women 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. 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 prioritise 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. (Paragraphs 32 and 33). Universal Periodic Review (May 2008) 60. 1. To raise the school attendance rate and develop facilities at the various levels of education, while favouring gender equality and access to education, with technical and financial assistance provided by the international community (Algeria); (pending) 7. To consider the request of the Special Rapporteur on the right to education favourably and allow ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2002) The Committee recommends that the State party: (b) Take all necessary steps to introduce the legal prohibition of the use of corporal punishment in schools and other institutions and at home (Paragraph 40) The Committee recommends that the State party: (i) Implement the ban on corporal punishment in schools and train teachers in the use of alternative measures of discipline (Paragraph 54) Universal Periodic Review (May 2008) 15. To prohibit by law the worst forms of corporal punishment of children in all places (Mexico); (pending) ______________________________________________________________________
Last reported: 27 October 2000
Concluding Observations issued: 10 November 2000
from adults in detention facilities (Hungary); (pending)
minors from adults in prisons (Italy); (pending)
Last reported: 13 January 2005
Concluding Observations issued: 15 February 2005
Last reported: 13 January 2005
Concluding Observations issued: 15 February 2005
Last reported: 13 January 2005
Concluding Observations issued: 15 January 2005
Last reported: 13 January 2005
Concluding Observations issued: 15 February 2005
the Special Rapporteur’s visit (Hungary, United Kingdom of Great Britain and Northern Ireland); (pending)