GUATEMALA: 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

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UN Human Rights Committee

CCPR/C/GTM/CO/3

Last reported: 19 and 20 March 2012
Concluding Observations issued: 9 April 2012

Issues raised and recommendations given:

Violence: The Committee welcomes the State party’s efforts to increase awareness of acts of sexual and gender-based violence, in particular femicide, domestic violence and trafficking in persons, and to prevent and punish them. However, the Committee is concerned at the persistence of very high levels of violence against women. The Committee is also concerned at the frequent inadequacy of the investigation mechanisms used by law enforcement officials and forensic doctors and the small number of treatment centres, which are the only support available to women survivors of violence. (arts. 6, 7, 8, 14 and 26) (Para. 19) 

The State party should continue its efforts to prevent sexual and gender-based violence and to encourage the victims to report such acts. The State party should ensure the inclusion of the issue of protection of women against violence in school curricula. It should also strengthen and institutionalize a training course with a gender perspective, which should be mandatory for all legal and law enforcement officials and health service personnel, in order to ensure that they are able to respond effectively to all forms of violence against women. Specific attention should be given to the collection of forensic evidence, treatment of victims, coordination between the authorities responsible for investigation, punishment and victim protection. In addition, the State party should ensure that all victims of sexual or gender-based violence have access to treatment centres or shelters.

Abortion: The Committee expresses concern at the criminalization of abortion, resulting from rape or incest, which forces pregnant women to seek clandestine abortion services that endanger their health and their lives. The Committee is also concerned at the continuing high levels of adolescent pregnancy and maternal mortality, despite the State party’s efforts to combat them. (arts. 3 and 6) (Para. 20) 

The State party should, pursuant to article 3 of its Constitution, include additional exceptions to the prohibition of abortion so as to save women from having to resort to clandestine abortion services that endanger their lives or health in cases such as pregnancy resulting from rape or incest. The State party should ensure that reproductive health services are accessible for all women and adolescents in all regions of the country. In addition, the State party should increase its education and awareness-raising programmes at the formal (schools and colleges) and informal (mass media) levels on the importance of contraceptive use and on reproductive health rights.

Detention:  The Committee is concerned at the high levels of overcrowding and the poor conditions prevailing in detention centres, as recognized by the State party, and at the high incarceration rate. In addition, the Committee is concerned at reports that minors are detained together with adults and that detained women are frequently the victims of sexual and gender-based violence at the time of arrest, during transfer or during the period of imprisonment. (arts. 3 and 10) (Para. 24)

The State party should increase its efforts to improve the conditions of detained persons, in accordance with the Standard Minimum Rules for the Treatment of Prisoners. It should address the issues of overcrowding and the segregation of minors and of female and male prisoners as a matter of priority. The State party should also adopt specific measures to protect the rights of detained women, especially during transfers.

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CCPR/CO/72/GTM

Last reported: 17 and 18 July 2001
Concluding Observations adopted: 26 July 2001

Issues raised and recommendations given:

Child trafficking: The Committee is concerned about the information received on the traffic in children separated from their parents, a situation which has still not yet been clarified. The Committee asks the State party to conduct investigations to identify those responsible for child trafficking and bring them to justice. The Committee also believes that the State party should take the necessary measures to prevent the occurrence of such violations of articles 6, 7 and 24 of the Covenant1. The Committee requests the State party to take the appropriate measures to comply with the provisions of international instruments on child labour (para. 15).

Street children: The Committee deplores the situation of street children, which appear to be getting worse. These children run the greatest risk of sexual violence and are vulnerable to sexual trafficking. The State party should take effective measures both to protect and rehabilitate street children, pursuant to article 24 of the Covenant, including measures to put an end to sexual exploitation and child pornography, and to punish those found guilty of any kind of violence against minors (para. 26).

State party's juvenile code: The Committee is concerned about the situation of children in the State party, and in particular, about the postponement of the entry into force of the Juvenile Code, which was adopted and promulgated, but then had its entry into force deferred. The State party should promulgate a Juvenile Code that guaranteed minors the enjoyment of all their rights pursuant to article 24 of the Covenant (para. 27).

The Committee asks the State party to provide, within one year, information on any action it had taken in light of the Committee's recommendations on disappearances noted in paragraph 15 of its concluding observations (para. 31).

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UN Human Rights Committee: Follow-up

State party report

CCPR/CO/72/GTM/Add.1

19 September 2003

Reparation (sub-heading II). The State party's "National Reparations Programme", which will repair some of the damage caused by the armed internal conflict (para. 4). In terms of looking at which violations needed to be addressed in the Programme, the State party notes that human rights violations included forced disappearances, forcible recruitment of minors, and the abuse of children (para. 10). The State party comments that children and young people who were victims of human rights violations would be in the priority group receiving psychosocial care (para. 13(a)).

It acknowledges the importance of tracing children, where circumstances permitted, who have disappeared during the armed conflict (para. 13(f)). The State party also states that legislation in favour of children would be promoted as a means of reparation for the violations which had occurred during the conflict, and that efforts would be made to provide access to governmental and non-governmental archives so that information on children separated from their parents and/or illegally adopted could be sought (para. 14).

Trafficking in children (sub-heading IV): The State party notes that there was no documentary information on illegal trafficking in children and teenagers other than the copious reports in the media, and that it should be given some credit for the efforts it had made in this area (para. 22). The State party lists the international Conventions and Protocols it has ratified, and national acts it had adopted, which related to children (para. 23). The State party notes that it has filled a number of gaps in its internal legislation on the basis of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (which it had acceded to) (para. 24). In the event of adoption, its national Children and Adolescents (comprehensive protection) Act (which the State party adopted on 4 June 2003), provided that the State party should see to it that the best interests of the child should be of paramount consideration (para. 25).

Child labour (sub-heading V): The State party notes that child labour was not a new phenomenon in the State, and that it was a traditional part of the State's culture, particularly in rural areas. The State party notes that children of poor families helped the family in finding the wherewithal to survive. However, the State party acknowledges that it was aware of the effects of child labour on school education and on health (para. 26). The State party also notes that there is extensive legislation on this subject and that the Constitution sets out basic principles on child labour (para. 27). Nationwide consultations were held in 1999 on the national plan to prevent and abolish child labour and protect working teenagers (para. 28). In connection with the plan, ILO Convention No. 182 (concerning, amongst other factors, the elimination of the worst forms of child labour) took effect on 11 October 2002 (para. 29).

1 Article 6 refers to the right to life; Article 7 states that no-one should be subjected to torture, or to cruel, inhuman or degrading treatment or punishment; Article 24 refers to the right of a child to protection given by the family, society and the State.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/1/Add.93

Last reported: 14 November 2003
Concluding Observations adopted: 28 November 2003

Issues raised and recommendations given:

Implementation of Peace Agreements of 1996; and discrimination in the area of education: The Committee expresses concern that the State party had made insufficient progress towards the effective implementation of the Peace Agreements, leading to persistent serious problems, such as lack of educational reforms. The Committee believes that the lack of reforms have impacted adversely on the full realisation of rights enshrined in the Covenant, particularly for indigenous peoples (para. 10). The Committee is also concerned about the persistent discrimination against indigenous peoples, with regard to, among other factors, education (para. 11). The Committee recommends that the State party make every possible effort to provide adequate follow-up to various issues contained in the Peace Agreements (para. 28); and that the State party should increase its efforts to combat discrimination against indigenous peoples, particularly in the area of education (para. 29). The Committee also calls upon the State party to take effective measures to combat discrimination in the education of the girl-child. (Para. 30)

Victims of war: The Committee takes note of the efforts made by the State party towards the implementation of the National Reparation Programme for victims of war. However, the Committee expresses concern at the lack of effective measures to establish the whereabouts of children who had disappeared and to safeguard the rights of children orphaned by the war (para. 19). The Committee urges the State party to increase its efforts to reunite separated families, to continue to seek children who had disappeared and to safeguard the situation of war orphans. (Para. 37)

Child labour: The Committee is deeply concerned about the persistent problem of child labour in the State party, especially in agricultural and domestic services (para. 20). The Committee urges the State party to take all necessary measures, legislative or otherwise, to address the persistent problem of child labour. (Para. 38)

Impact on children with regard to violence against women: The Committee is concerned about the extent of the problem of violence against women, and its implication for both the physical and mental health of women and children (para. 21). The Committee urges the State party to have awareness-raising campaigns designed to combat the negative traditional practices and their effects and consequences. (Para. 39)

Child mortality: The Committee is concerned at the relatively high incidence of child mortality (para. 25). The Committee recommends that the State party take measures to reduce child mortality, as well as organise educational campaigns regarding sexual and reproductive health, and include such subjects in the school curricula. (Para. 43)

Drug addiction: The Committee is alarmed about the increasing level of drug addiction in the State party, especially among young people (para. 26). The Committee urges the State party to undertake effective measures to combat drug addiction, such as awareness-raising campaigns and educational activities. (Para. 44)

Primary education: The Committee is concerned that only 30 per cent of children living in rural communities, and 20 per cent of indigenous children, complete the primary level of education. The Committee expresses concern about the limited access for indigenous peoples to enjoy education in their mother tongue. The Committee urges the State party to make efforts to increase school attendance of children, particularly of indigenous children. The Committee also recommended that the State party broaden its intercultural bilingual education. (Para. 27) (Para. 45)

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UN Committee against Torture

CAT/C/GTM/CO/4

Last reported: 13 and 14 May 2013
Concluding Observations issued: 21 June 2013

Issues raised and recommendations given:

Violence: The Committee notes with concern the persistent levels of violence in the State party, which appear to be largely linked to organized crime, despite the measures taken to reduce this. It is concerned, in particular, about the large number of violent deaths —a large number of which are committed against women and children, the persistence of lynching and the reportedly low percentage of cases of violence that are investigated and of perpetrators who are tried and punished (arts. 2, 12, 13 and 16) (Para. 15) 

The Committee, recalling its previous recommendation (para. 16), urges the State party to redouble its efforts to prevent and punish all acts of torture or other cruel, inhuman or degrading treatment inflicted on persons within its jurisdiction. The Committee recommends that the State party ensure that all acts of violence, including killings and lynchings, are investigated promptly, effectively and impartially, that the perpetrators are tried and punished, and that the victims receive appropriate redress. The Committee also recommends that the State party step up its campaigns in schools, the media and elsewhere to raise awareness of lynchings.

Health: The Committee is concerned about the poor conditions in the Federico Mora National Mental Health Hospital, which include inadequate access to basic services and a lack of proper medical treatment. It is also concerned about reports that persons with mental disabilities who have been deprived of their liberty and are admitted to this hospital share wards with ordinary patients, and that persons admitted to the hospital are abused by other patients or by police officers assigned to the hospital. The Committee takes note of the information provided by the delegation to the effect that that the precautionary measures requested by the Inter-American Commission on Human Rights for the patients of the Federico Mora hospital have led the Government to address mental health issues as a whole, besides implementing the precautionary measures. It also takes note of the delegation’s statement that the hospital does not admit children, contrary to the reports the Committee received to this effect. (arts. 2, 11, 12 and 16) (Para. 21) 

The Committee encourages the State party to step up its efforts to tackle the issue of mental health comprehensively. In addition, it recommends that the State party ensure that people admitted to Federico Mora National Mental Health Hospital are treated properly, and particularly that they receive appropriate medical care, and that complaints of their ill-treatment and abuse are investigated promptly and impartially, and that the alleged perpetrators are tried and punished in accordance with the seriousness of their acts.

The Committee urges the State party to ensure that ordinary patients do not share wards with persons who have been deprived of their liberty and that persons in pretrial detention are separated from convicted prisoners. It also urges the State party to ensure that there are no minors in the hospital and that any children who might be there are separated from adults. The Committee urges the State party to take effective measures to guarantee full and prompt compliance with the precautionary measures requested by the Inter-American Commission on Human Rights (PM 370/12 – 334 Patients at the Federico Mora Hospital).

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CAT/C/GTM/CO/4

Last reported: 4 and 5 May 2006
Concluding Observations adopted: 7 May 2006

Issues raised and recommendations given:

"Social cleansing and killings of children":The Committee is seriously concerned about the allegations concerning the "social cleansing" and killings of children living in the street and in marginalised areas, which often involve acts of torture and ill-treatment, and the fact that such cases are not thoroughly investigated. The State party should ensure the full implementation of the Law for the Integral Protection of Children and Adolescents, inter alia, by providing sufficient funds to guarantee the security, well-being and development of all children. (Para. 16)

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UN Committee against Torture: Follow-up

CAT/C/GTM/CO/4/Add.1

30 January 2008

Recommendations contained in Paragraph 16 of the Concluding Observations: The State party has carefully studied the recommendations made by members of CAT, contained in paragraph 16 of the Concluding Observations, concerning the "social cleansing" and violent killings of children (para. 1). In response, the State party notes the following:

The Public Defender's office will to engage eight lawyers to bring cases of child abuse. The lawyers will receive special training from organisations working for the protection of children's rights to enable the lawyers to bolster their cases (para. 72).

Despite the difficulties encountered in securing the adoption of an adequate budget for the effective implementation of the Children and Young Persons (Comprehensive Protection) Act, an increase in the budget allocation was secured in 2007 compared with the budget allocated in 2005 and 2006 (para. 75).

In May 2007, the National Council on Children and Young Persons, in co-ordination with certain relevant bodies and organisations, held a seminar on "Comprehensive Protection of Children and Young Persons" in Guatemala, with the aim of evaluating the implementation of the Comprehensive Protection Act, the Government's comprehensive protection policy and the National Plan of Action for Children and Young Persons for the period 2004-2005. The State party highlighted the participation of 163 young persons and children in the round tables where they expressed their concerns and views concerning the application of the Act (para. 76).

In October 2007, UNICEF/Guatemala unveiled a "road map" tracing five principal paths to be followed by the country's young people. These paths were to cover the start of life, early infancy, school years, adolescence and "restoration of the rights of children and young persons". The document was presented at the end of October 2007 to the two Presidential candidates, so that whoever was elected could use these documents as a guide to actions to be taken to promote comprehensive care for children (para. 77).

In addition to responding specifically to recommendations contained in paragraph 16 of the Committee's report, the State party also notes the following:

Education: Actions taken by the State party's government include measures taken in the area of education directed towards the vulnerable sectors (para. 6).

Illegal adoption and exploitation of minors:The Office of the Public Prosecutor has taken various important actions, including re-establishing in 2007 the unit to combat trafficking in persons. The main task of the unit included investigation of cases of illegal adoption and sexual and commercial exploitation of minors. (Para. 38)

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Subcommittee on Prevention of Torture

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/GUA/CO/7

Last reported: 3 February 2009
Concluding Observations published: 10 February 2009

Issues raised and recommendations given: 

Stereotypes and cultural practices: The Committee is concerned at the pervasiveness of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men (para. 19). The Committee urges the State party to adopt an overall strategy to eliminate gender stereotypes, which could include awareness-raising programmes in school curricula. (Para. 20)

Violence against girls: The Committee calls upon the State party to ensure the provision of financial resources for the implementation of the Act on Femicide and Other Forms of Violence against Women and to closely monitor and establish co-ordination mechanisms for its implementation, so as to make sure that all women and girls who were victims of violence had access to protection and effective redress. (Para. 22)

Trafficking and sexual exploitation: The Committee notes with appreciation the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Committee is, however, concerned at the lack of appropriate legislation and other measures to prevent trafficking for the purpose of sexual exploitation and for forced work, which also involved women and girls. The Committee urges the State party to intensify its efforts to combat all forms of trafficking in women and girls. The Committee calls upon the State party to ensure the protection of the human rights of trafficked women and girls, especially migrants. The Committee calls upon the State party to ensure that trafficked women and girls received adequate support so that they could testify against their traffickers without fear. (Paras. 23-24)

Education: While welcoming the introduction of free education, the Committee is concerned at the difficulties of accessibility of schools and the poor quality of education, in particular in rural areas. The Committee is also concerned at the lack of information provided by the State party on vocational education and training for girls in professions traditionally occupied by men. The Committee calls upon the State party to continue to provide education, both formal and informal, to all girls, especially in rural areas. (Para. 27-28)

Implications of child labour: The Committee is seriously concerned at the persistence of child labour in the State party, the lack of detailed information provided by the State party on the extent of this phenomenon and its implications for children's individual development and enjoyment of their right to education and health care, especially for girls. The Committee urges the State party to strengthen its efforts to eradicate child labour and support education as a means of empowering girls and boys. The Committee urges the State party to take proactive steps to ensure that all children, especially girls, had access to basic education, health care and the protection of the minimum labour standards elaborated by the International Labour Organisation. (Paras. 31-32)

Health: The Committee recognises the efforts made by the State party in relation to infant health (para. 35). The Committee recommends that the State party increase the training of health professionals, including midwives, in rural areas and in indigenous communities (para. 36). The Committee is concerned that there was an unsatisfied need for birth control and sex education. The Committee recommends that the State party strengthen family planning programmes to ensure that teenagers, amongst other groups, had access to contraceptives. (Para. 39-40)

The Committee requests the State party to provide, within one year, written information on the steps undertaken to implement the recommendations contained in paragraph 22 (para. 47).

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UN Committee on the Elimination of Discrimination Against Women: Follow-up

CEDAW/C/GUA/CO/7/Add.1

12 May 2010

The State party notes that its report on violence against women in Guatemala was issued in response to paragraph 22 of the CEDAW's concluding observations (para. 1).

The State party also notes the following, in relation to paragraph 22 of CEDAW's concluding observations:

"Care model" for girls: The Public Prosecutor's Office has implemented the "Care model" which contained specific actions for women and girls. The care model has reduced the time taken to provide protection. (Paras. 27- 28)

Launch of UN campaign: The technical roundtable on violence participated actively in launching the UN Secretary-General's campaign for Latin America, the aim of which was to put an end to violence against women, in a comprehensive approach towards violence against women and girls (para. 53). The global campaign, "UNiTE to end violence against women", called upon Governments and civil society to work together to prevent and eliminate violence against women and girls. The campaign aimed to generate public awareness to build an egalitarian and non-violent society through, among other actions, the involvement of children, adolescents and young people. (Para. 59 and 62)

Trafficking and exploitation of girls: The State party notes that it needed institutional and budgetary strengthening to dismantle networks that trafficked and exploited women and girls. (Para. 69)

Statistics on violence: The Judiciary produces quarterly information on cases of violence against women, which included whether the victims were young girls and adolescents. (Para. 71)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/GTM/CO/12-13

Last reported: 19 and 22 February 2010
Concluding Observations adopted: 8 March 2010

Issues raised and recommendations given:

Basic services affected by relocation due to dispossession of land: The Committee reiterates its concern at the fact that the State party continues to allow indigenous peoples to be dispossessed of land that had historically belonged to them. In exceptional cases where relocation of indigenous peoples is considered necessary, the State party should ensure observance of relevant articles of international Conventions and Declarations which required indigenous Peoples to be fairly compensated, and for appropriate services, including schools, to be provided to relocation sites. (Para. 11)

Malnutrition: The Committee is concerned about the rate of chronic malnutrition, which is 43.4 per cent among children nationally. The Committee urges the State party to take appropriate measures to fully guarantee for all Guatemalans the right to food. (Para. 12)

Infant mortality: Although the Committee recognises the State party's efforts to provide culturally sensitive health-care coverage for indigenous peoples, it is concerned that the highest maternal and infant mortality rates were in departments where there is a high population count of indigenous peoples. The Committee recommends that the State party devise a comprehensive strategy and believes that particular attention should be paid within the strategy to improving access to health care for indigenous women and children. (Para. 13)

Illiteracy: The Committee remains concerned that illiteracy was particularly high in rural areas. The Committee urges the State party to reduce illiteracy. The Committee also recommends that the State party should consider increasing the number of bilingual schools, particularly in rural areas, and implement educational reform. (Para. 15)

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UN Committee on Migrant Workers

Last reported: 14 and 15 September 2011                                                       Concluding Observations adopted: 18 October 2011

Issues raised and recommendations given:

Vague and inadequate legislative framework: The Committee notes with concern that the existing legislative framework applicable to migration in the State party is vague and that this leads to inadequate protection of the rights of migrant workers and members of their families. At the same time, the Committee takes note of bill No. 4126 (the Migration Act); nevertheless, it is concerned about reports that the bill does not adequately incorporate the provisions of the Convention. It also notes that the congressional plenary session debate on bill No. 4126 has been pending since July 2010.

The Committee recommends that the State party take the necessary measures to complete an early review of bill No. 4126 and ensure that it is fully in line with the Convention. The Committee also encourages the State party to adopt the bill as soon as possible in order to extend the protection of their rights to all migrant workers and members of their families in the State party. (Paras. 10-11)

Discrimination against migrant workers and their children: The Committee is concerned about reports that migrant workers and members of their families sometimes suffer from discriminatory attitudes and social stigmatisation. The Committee encourages the State party to: (a) Intensify its efforts to ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction enjoy the rights provided for in the Convention without any discrimination, in conformity with article 7; (b) Take immediate and effective measures, in particular awareness-raising campaigns to combat prejudice and social stigmatisation for public officials working in the main areas of immigration, including at the local level, and for the general public. (Paras. 18-19)

Detention of migrant workers and their families: The Committee notes with concern that expulsion and deportation procedures are not regulated by domestic legislation in accordance with the Convention. In particular, it is concerned that the right to seek a stay of expulsion is not provided for in the law. The Committee is also concerned about reports that migrant workers and members of their families in an irregular situation from outside the region have been detained for long periods in the shelter run by the Directorate-General of Migration and about the failure to appoint interpreters.

The Committee recommends that the State party take the necessary measures to ensure that migration procedures, including deportation and expulsion, are in accordance with article 22 of the Convention and that they are exceptional procedures of an administrative nature. The Committee urges the State party to ensure that migrant workers and members of their families have the right to lodge an appeal against an expulsion order and to seek a stay of the expulsion until the appeal is heard. Likewise, the Committee urges the State party to carry out the necessary and effective investigations into irregularities committed by law enforcement officials who do not respect the migration procedures and to impose appropriate sanctions where necessary. (Paras. 22-23)

Abuse of rights of migrant workers and their families in transit: The Committee is concerned about reports confirming that migrant workers and members of their families are subjected, generally while in transit, to acts of abuse and violations of their rights by officials of the Directorate-General of Migration and the National Civil Police who claim their identity documents are invalid. These abuses include the retention and destruction of identity documents, as well as the imposition of unlawful charges for entry to or departure from the territory of the State party.

The Committee recommends that the State party take appropriate steps to put an end to acts of abuse and violations committed against migrant workers and members of their families. In particular, the Committee urges the State party to establish a mechanism for monitoring the work of officials of the Directorate-General of Migration and the National Civil Police in order to ensure that acts of abuse and violations committed against migrant workers and members of their families, including the retention and destruction of their identity documents, are investigated and that the culprits are brought to trial and punished, in accordance with article 21 of the Convention. (Paras 26-27)

Difficulties in regularising work situation for unskilled migrants and their families: The Committee takes note of the information provided by the State party that migrant workers in an irregular situation have the possibility to regularise their situation and to obtain work permits in the State party. Nevertheless, the Committee is concerned that unskilled migrant workers and members of their families in an irregular situation have difficulty making use of the procedures to regulate the migrant population in the State party, either because of their high cost or the many and complex requirements and conditions. The Committee encourages the State party to step up its efforts to establish, implement and disseminate a comprehensive migration regularisation policy for all migrant workers and members of their families in an irregular situation that satisfies the principle of non-discrimination. (Paragraphs 28 and 29)

Access to medical services: The Committee takes note of the existence of the Mexico-Guatemala Border Health Commission, charged with establishing action plans and providing medical services to migrant workers in the border area. However, it notes with concern the lack of specific programmes aimed at facilitating access to emergency medical care and education by migrant workers and their families present in the territory of the State party. The Committee recommends that the State party take concrete and effective measures, including the setting up of specific programmes, to ensure that access to emergency medical care is provided and, in particular, that the children of migrant workers in an irregular situation have access to, and remain in, the education system, in accordance with articles 28 and 30 of the Convention. (Paras. 31-32)

Unaccompanied children: The Committee notes the implementation of the Migrant Children and Youth Programme, which is aimed at helping repatriated, unaccompanied minors. However, the Committee is concerned by the lack of information on measures to properly identify, and hence protect, unaccompanied migrant children and young people in transit and at risk of falling victim to abuse along migration routes. The Committee also regrets the lack of data and information on the situation of children and young people in Guatemala whose parents have emigrated, in particular with regard to their family situation and education. (Para. 42) 

The Committee encourages the State party to focus on developing policies that address the difficulties faced by unaccompanied migrant children and young people, and on setting up mechanisms for their identification and protection, taking into account the guidelines of the Regional Conference on Migration on assisting unaccompanied minors. It also recommends that the State party carry out studies on the situation of children and young people in Guatemala whose parents have emigrated, with a view to developing policies on care, protection and family reunion. (Para. 43)  

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/GTM/CO/1

Adopted by Commmittee: 31 August 2016

Published: 30 September 2016

Discrimination:

The Committee is concerned that persons with disabilities, especially persons with intellectual and psychosocial disabilities, women, children and indigenous peoples, are regularly subjected to multiple forms of discrimination and that their human rights are limited or restricted by the law (para. 15).

The Committee recommends that the State party review all of its legislation and policies on equality and non-discrimination with a view to ensuring the full enjoyment by persons with disabilities of all human rights on an equal basis with others and that it recognize multiple, intersectional discrimination and the denial of reasonable accommodation as aggravated forms of discrimination against persons with disabilities in its legislation and policies (para. 16).

Girls with Disabilities:

The Committee is concerned by the lack of attention paid by the State party to preventing and combating the intersectional discrimination that is frequently suffered by women and girls with disabilities (para. 19).

The Committee recommends that the State party, in consultation with organizations of women with disabilities and taking into account the Committee’s general comment No. 3 (2016) on women and girls with disabilities, ensure the inclusion of women and girls with disabilities in all policies and programmes on gender equality and discrimination and take remedial measures and affirmative action to eliminate discrimination against them and to empower them, making sure to include those living in rural areas or indigenous communities. The Committee also recommends systematically compiling data and statistics on the situation of women and girls with disabilities and establishing indicators that can be used to assess the impact of the measures taken to counter discrimination against them (para. 20).

The Committee is concerned by the fact that the legislation of the State party limits or restricts the sexual and reproductive rights of women and girls with disabilities (para. 21).

The Committee recommends that the State party bring its legislation on sexual and reproductive rights into line with the Convention and ensure that those rights are not limited or restricted for women and girls with disabilities (para. 22).

Children with Disabilities:

The Committee is concerned at the high rate of maltreatment, abuse, corporal punishment, abandonment and institutionalization of children with disabilities; at the prevalence of the welfare and charity-based approach to their care; and at the limited scope of specific measures taken on their behalf in rural areas and indigenous communities (para. 23).

The Committee recommends that the State party: Amend article 13 of the Act on the comprehensive protection of children and adolescents and article 253 of the Civil Code, as recommended by the Committee on the Rights of the Child (see CRC/C/GTM/CO/3-4, para. 54); Take all necessary measures to implement an effective system for detecting the maltreatment of children with disabilities in family, educational, health-care and institutional settings, and entrust the Office of the Advocate for Children and Adolescents with addressing the issue of children with disabilities who are subjected to abuse and maltreatment; Establish the legal basis and financial support necessary to ensure that all children with disabilities are able to live in a family setting and to exercise their right to inclusive local services for children; Ensure that children with disabilities are taken into account in laws, policies and measures regarding children, on an equal basis with other children and based on the principle of inclusion in the community; Put in place safeguards to protect the right of children with disabilities to be consulted on all matters of concern to them and  ensure that they receive assistance that is accessible and appropriate to their disability and age; Prohibit and eliminate corporal punishment of children (para. 24).

Stereotypes and Harmful Practices:

The Committee is deeply concerned by the fact that persons with disabilities, especially women, children and indigenous peoples, are victims of customs, superstitions and practices that seriously violate their dignity, safety and other fundamental rights. It also notes that the State party’s efforts to combat biased views and negative stereotypes of persons with disabilities are insufficient and that campaigns such as the Telethon, which is a recipient of public funding, reinforce a charity-based approach that runs counter to the Convention (para. 25).

Access to Justice:

The Committee notes with concern that, within the legal system of the State party, the credibility of the accounts of victims with disabilities, especially women and girls, tends to be called into question, which leads to cases not being properly investigated or recorded (para. 37).

The Committee recommends that the State party, through the judiciary, provide adequate training and appropriate human resources to the special courts set up to combat femicide and other forms of violence against women and to the free legal aid offices for women who are victims of violence, in order to ensure that women and girls with disabilities who suffer violence or abuse receive proper attention (para. 38).

Violence and Abuse:

The Committee is deeply concerned that many persons with disabilities, especially women and children, frequently fall victim to exploitation, violence and abuse and that there are no measures for their protection, rehabilitation or compensation. It is also concerned that instances of exploitation, violence and abuse committed against such persons, especially within the family or in institutions, are not properly investigated and that the perpetrators therefore go unpunished (para. 45).

The Committee recommends that the State party redouble its efforts and adopt a due diligence framework and all the necessary measures in its laws and policies to protect persons with disabilities from exploitation, violence and abuse and to ensure the proper recovery of victims in an appropriate environment. It also recommends the inclusive and accessible provision of support for victims, the implementation of a complaint mechanism and the provision of training for police, the judiciary, social workers and health professionals. In addition, the Committee urges the State party to investigate properly all instances of exploitation, violence and abuse committed against persons with disabilities, particularly against women and children, in order to ensure that they are identified, investigated and, where appropriate, prosecuted. Lastly, the Committee requests the State party to periodically compile data and statistics on the situation of persons with disabilities in respect of violence, exploitation and abuse, including information on trafficking, incest and femicide (para. 46).

Liberty of Movement and Nationality:

The Committee notes that the steps taken by the State party to promote the civil registration of children have not led to the universal registration of children with disabilities and that many such children have no name (para. 51).

The Committee urges the State party to ensure that all children with disabilities are immediately registered after birth, that an identity document is provided and that the National Registry Office properly registers all children with disabilities (para. 52).

Independence and Community Life:

The Committee is concerned by the high number of children and adults with disabilities being held in institutions. The Committee is particularly concerned by the situation of persons at the Federico Mora National Mental Health Hospital, who are isolated indefinitely. It is also concerned by the large number of children, including many with disabilities, who are currently in institutions. The Committee notes with concern the lack of local community services designed to meet the needs of persons with disabilities to enable them to live independently. In addition, it is concerned by the lack of support for the families of children with disabilities to ensure that such children are able to remain in the family environment (para. 53).

The Committee recommends that the State party: Urgently draw up a strategy for the deinstitutionalization of persons with disabilities, with time frames, adequate resources and specific assessment measures; Allocate sufficient resources to the development of local community support services, including personal assistance, to enable all persons with disabilities, regardless of disability, gender or age, to choose freely with whom, where and in what living arrangement they wish to live; Provide support to families of children with disabilities to prevent family breakdown and institutionalization of the children; Abolish the institutionalization of children of any age (para. 54).

Respect for Home and the Family:

The Committee notes that the Civil Code restricts the right to marry and the parental rights of some persons with disabilities. It further notes that children with disabilities living in poverty are at greater risk of abandonment and institutionalization (para. 57).

The Committee recommends that the State party: Review and harmonize the Civil Code to guarantee the right to marry and the parental rights of all persons with disabilities; Set up programmes to provide appropriate assistance to mothers with disabilities in the performance of their child-rearing responsibilities; Establish support mechanisms for families of children with disabilities to prevent abandonment; Replace measures to institutionalize all abandoned children with disabilities with measures to promote their adoption or placement in foster care and ensure that foster families receive the requisite support for their care (para. 58).

Education:

The Committee is particularly concerned by the low rate of school attendance of children with disabilities, especially in rural areas and indigenous communities. It also notes that special education remains virtually the only option available to them, owing to the persistence of negative attitudes towards their inclusion in the national education system and the existence of barriers of all kinds (para. 59).

The Committee recommends that the State party, in line with the Committee’s general comment No. 4 (2016) on the right to inclusive education: Establish, through its laws and policies, a free, high-quality, inclusive education system at all levels and guarantee the provision of reasonable accommodation for students who require it, with adequate funding and appropriate training for regular teachers; Adopt measures to ensure that all children with disabilities receive an education, especially those with intellectual or psychosocial disabilities, deaf-blind children and those from indigenous communities; Urgently implement measures to improve the accessibility of schools and all teaching materials, including the provision of textbooks in Braille and sign language interpreters, and ensure that such materials are used from the start of education; Be guided by article 24 of the Convention in its implementation of targets 4.5 and 4.8 of the Sustainable Development Goals (para. 60).

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UN Committee on Enforced Disappearance

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Countries

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