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Summary: The violations highlighted are those issues raised with the State by more than one international human rights 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. ___________________________________________ Corporal punishment in all spheres UN Committee on the Rights fo the Child (Concluding Observations, June 2010) While the Committee notes the State party's indication that the use of corporal punishment is discouraged in the 2002 Education Act and that the Standards for Childcare Homes prohibit the use of corporal punishment, it nevertheless recalls the concern expressed in its previous concluding observations (CRC/C/15/Add.121, paragraph 21) and is concerned that corporal punishment remains lawful in the home, that authorised persons in schools are permitted to administer corporal punishment as a disciplinary measure and that corporal punishment is a sentencing option in the judicial system. The Committee recommends that the State party explicitly prohibit by law all forms of violence against children, including corporal punishment, in all settings, including in the family, schools, alternative childcare and places of detention for children, and implement those laws effectively. It also recommends that the State party intensify its awareness-raising campaigns in order to change perceptions regarding corporal punishment and promote alternative forms of discipline in a manner consistent with the child's human dignity and in accordance with the Convention, especially article 28, paragraph 2. The Committee encourages the State party to take into account the Committee's general comment No.8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8, 2006) and the Report on Corporal Punishment and Human Rights of Children and Adolescents prepared by the Office of the Rapporteur on the Rights of the Child of the Organization of American States. (Paragraphs 32 & 33) Universal Periodic Review (May 2010) All recommendations are pending P - 71.61. Abolish provisions in its domestic legislation that authorise the corporal punishment of children in all places, in particular in detention facilities and in schools (France); P - 71.62. Adopt a law that prohibits corporal punishment against children in all areas of life (Uruguay); P- 71.64. [...] eliminate corporal punishment provisions from existing laws and to prohibit the use of corporal punishment in places of detention and in schools ------------------------------------------------- Sexual abuse and exploitation: the fact that boys do not enjoy equal protection with girls from all forms of sexual abuse and exploitation before the law UN Committee on the Rights fo the Child (Concluding Observations, June 2010) The Committee expresses its deep concern that at least one-third of the child population is affected by sexual abuse, that incest is a significant problem and that it is rare for children to report when they have been abused, mainly due to fear of stigmatisation. While recognizing that the Criminal Code does provide a certain degree of protection against sexual abuse and exploitation, the Committee nevertheless remains concerned that this protection is not sufficient. In particular, the Committee regrets that there is no protection for boys against "unlawful carnal knowledge" and that the concept of "carnal knowledge" is limited to sexual intercourse, thus excluding other acts of a sexual nature that could be equally traumatic and abusive. The Committee is also concerned that transactional sex and the "Sugar Daddy phenomenon" have become widespread. The Committee recommends that the State party: Take immediate action to address the issue of sexual abuse, including incest, through inter alia, identification, detection, reporting, prevention and intervention services; Develop and strengthen appropriate legislative measures that provide full protection for both girls and boys against sexual abuse, including incest, and sexual exploitation; Take steps to raise awareness about the need to report sexual abuse and exploitation; Carry out programmes within communities to educate the public and families on the negative impact of sexual abuse or exploitation and to reduce the stigma attached to reporting sexual abuse or exploitation; Take appropriate measures to ensure the prompt prosecution of perpetrators of sexual offences against children; and Implement appropriate policies and programmes for prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996, 2001 and 2008 World Congresses against Commercial Sexual Exploitation of Children, as well as the outcome of other international conferences on this issue. (Paragraphs 57 & 58) Universal Periodic Review (May 2010) All recommendations are pending P- 71.64. Amend the Criminal Code to ensure equal protection of boys and girls from all forms of sexual abuse and exploitation as well[...] (Germany) P - 71.65. Adopt and implement the measures necessary to prevent abuses, namely, the ill treatment and abuse of children, including sexual abuse, as referred to by the Committee on the Rights of the Child, and ensure that such abuses are properly prosecuted within a child-friendly judicial procedure, including appropriate reintegration and rehabilitation schemes for victims, regardless of their sex (Slovakia); P - 71.66. Amend or regulate existing laws and approve the measures necessary to guarantee to boys, girls and adolescents effective and fair protection, especially from the point of view of gender, against sexual abuse and against exploitation in general (Uruguay); P - 71.67. Amend the Criminal Code to include equal protection of girls and boys from all forms of sexual abuse and exploitation (United States); P - 71.68. Ensure equal protection of girls and boys from all forms of sexual abuse and exploitation (Norway); P - 71.69. Take all measures necessary to bring its domestic law into conformity with the Convention on the Rights of the Child and to adopt provisions in its Criminal Code to also protect boys against sexual exploitation (France); P - 71.70. Ensure that the rights of all children are equally protected under domestic law, regardless of gender, and consider implementing the recommendations of the Committee on the Rights of the Child (South Africa); ------------------------------------------------- Policies for children without parental care are not in line with international standards, including the lack of an independent complaints mechanism for children in alternative care institutions UN Committee on the Rights fo the Child (Concluding Observations, June 2010) The Committee welcomes the development of a Code of Standards for the operation of childcare homes and the training programmes available for social and welfare workers. The Committee also notes with interest that in the next few months the State party will be taking over the foster care programme, which up to now has been supported by foreign aid, and will, inter alia, launch a drive to recruit more foster carers. Nevertheless, the Committee is concerned that the limited availability of childcare homes places a strain on the system with regard to the number of children that can be provided with care. The Committee also notes with regret that there is no independent complaints mechanism for children in alternative care. The Committee encourages the State party to continue its efforts to improve and strengthen the foster care programme in order to ensure that children who must be taken out of their family environment can be placed in appropriate care situations. The Committee also recommends that the State party develop independent complaints mechanisms for children in alternative care and that placements in institutions be periodically reviewed, as required under article 25 of the Convention. The Committee urges the State party, in its effort, to take into account the Guidelines for the Alternative Care of Children contained in United Nations General Assembly Resolution A/RES/64/142 adopted on 20 November 2009. (Paragraphs 37 & 38) Universal Periodic Review (May 2010) All recommendations are pending P - 71.60. Establish an independent complaints mechanism for children in alternative care institutions (Slovakia); P - 71.59. Strengthen its policy for the full guarantee of the rights of the child, with attention to the implementation of the Guidelines for the Alternative Care of Children, according to resolution 11/7 of the Human Rights Council and resolution 64/142 of the General Assembly (Brazil); ------------------------------------------------- The prevalence of exploitation of children for labour, sexual purposes and trafficking UN Committee on the Rights fo the Child (Concluding Observations, June 2010) The Committee also recommends that the State party ensure, through adequate legal provisions and regulations, that all children victims and or witnesses of crimes, e.g. children victims of abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking and witnesses of such crimes, are provided with the protection required by the Convention and that it take fully into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22 July 2005). (Paragraph 61) Universal Periodic Review (May 2010) All recommendations are pending P - 71.80. Take the necessary measures to prohibit the sale and trafficking of children for prostitution or labour exploitation, and adopt a policy to confront the issue of trafficking and exploitation (United States); ------------------------------------------------- Weak secondary education system UN Committee on the Rights fo the Child (Concluding Observations, June 2010) Despite increased enrollment rates, one child in six is not enrolled in secondary school; The Committee urges the State party to continue and strengthen efforts to address the high incidence of truancy and drop out rates of boys, particularly from secondary school (Paragraph 54c) Universal Periodic Review (May 2010) P - 71.87. Strengthen ongoing programmes aimed at the achievement of universal secondary education (Cuba); ------------------------------------------------- The high rate of domestic violence against children UN Committee on the Rights fo the Child (Concluding Observations, June 2010) [...]The Committee also notes that the Domestic Violence Act 2001 addresses violence that occurs within the household but it regrets that this Act has been utilized almost exclusively for female adult victims of domestic violence. The Committee is concerned that protection of children against abuse and neglect is insufficient and that mandatory reporting, as provided for under the National Child Abuse Protocol is not being enforced. It is also concerned that the Ministry does not have sufficient social workers to respond to the demand placed upon it or adequate personnel to provide counseling for victims and perpetrators of child abuse. The Committee encourages the State party to take the necessary steps to ensure implementation of the National Child Abuse Protocol, including mandatory reporting of abuse of children. The Committee further recommends that the State party continue to take all necessary legislative, policy and other measures in order to address and prevent violence, abuse or exploitation of children and to care for and reintegrate child victims of abuse. In this regard, the Committee urges the State party to ensure that adequate and sufficient human and financial resources are provided to allow the Ministry of Social Development to properly implement its programmes to combat child abuse. (Paragraphs 39 & 40) Universal Periodic Review (May 2010) All recommendations are pending P - 71.74. to reduce domestic violence, take action to address these concerns if they have not been fully addressed ------------------------------------------------- Juvenile justice: The low minimum age of criminal responsibility Recalling its previous concluding observations (CRC/C/15/Add.121, paragraph 12), the Committee is deeply concerned that the current minimum age of criminal responsibility is extremely low (7 years old). The Committee urges the State party to raise the minimum age for criminal responsibility to a more internationally acceptable age (Paragraphs 59 & 60) Universal Periodic Review (May 2010) All recommendations are pending P - 71.55. Raise the minimum age of criminal responsibility to an acceptable level, in compliance with international standards (Slovakia); P - 71.58. Strengthen the protection framework for children's rights, particularly through measures to prevent child abuse, exploitation and violence against children; review the juvenile justice system in order to raise the age of criminal responsibility, in accordance with international standards;... (Mexico); ------------------------------------------------- The fact that juveniles are detained separately from adults, without exception UN Committee on the Rights fo the Child (Concluding Observations, June 2010) [The Committee] remains concerned that children between the ages of 16 and 18 are incarcerated and that these children are not detained in separate facilities from adults. The Committee urges the State party to take all necessary measures to ensure that when detention is carried out, it is done so in compliance with the law and respects the rights of the child as set out under the Convention, and that children are held separately from adults in both pre-trial detention and after being sentenced (Paragraphs 59 & 60) Universal Periodic Review (May 2010) All recommendations are pending P - 71.54. Ensure that juveniles are detained separately from adults, without exception (Slovenia) P – 71.56... consider providing separate detention facilities for minor cases in appropriate cases P – 71.74. ...continue its efforts to guarantee the separation of minors from adults in detention facilities (Mexico)
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All recommendations are pending (Paragraph 53b)
P - 71.74. Regarding recommendations made by the Human Rights Committee that action be taken to raise the age of criminal responsibility to an acceptable level under international standards...(Ghana)