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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: _______________________________________________________ UN Committee on the Elimination of Discrimination against Women While welcoming the steps taken by the State party to combat trafficking in persons, including bilateral agreements with neighbouring countries aimed at coordinating efforts to combat trafficking in persons, and noting that draft legislation on trafficking in children has been submitted for consideration by the National People's Assembly, the Committee is concerned about the lack of clarity on the extent of trafficking in women and girls in Guinea-Bissau, and about the limited scope of the Government's efforts to combat trafficking in women, as its anti-trafficking efforts are currently focused on children. The Committee urges the State party to: (a) Incorporate into the draft legislation aimed at trafficking in persons, a definition of trafficking in line with article 3 (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. (b) Undertake an assessment of the extent of trafficking in women and girls in Guinea-Bissau, both internally and across borders, and to begin to systematically collect data in this regard with a view to designing and implementing a comprehensive plan to prevent and combat trafficking that would include the provision of assistance and support to women victims. (c) Address the root causes of trafficking and to improve the economic situation of women so as to eliminate their vulnerability to exploitation and trafficking. (Paragraphs 29 and 30) Universal Periodic Review (May 2010) A - 65.52. Enhance international cooperation programmes aimed at promoting gender equality and combating trafficking in women and children (Philippines); (accepted) A - 65.65. Strengthen the fight against child trafficking, female genital mutilation, maternal mortality, drug trafficking and lack of security (Senegal); (accepted) A - 65.66. Combat all forms of trafficking of children, and formulate a policy of child protection to ensure a better system for safeguarding children's rights (France); (accepted) A - 65.67. Devise and implement plans for combating trafficking in women and children (Egypt); (accepted) A - 65.72. Develop comprehensive strategies and public awareness campaigns to address trafficking in persons, in particular children for the purpose of forced begging in neighbouring countries (United States); (accepted) R - 67.4. Intensify efforts to improve the human rights of women, and take measures to combat harmful traditional practices under customary law, such as early and forced marriage, trafficking, polygamy and levirate marriage (Norway); (unsure) _______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2002) Noting the work undertaken to address female genital mutilation and other harmful practices, including through international cooperation, the Committee remains deeply concerned that: (b) Female genital mutilation is practised widely within certain ethnic groups, especially the Fulas and the Mandinkas; The Committee recommends that the State party: (b) Continue and strengthen its efforts to end practices of female genital mutilation, for example through legislative prohibition, through the implementation and enforcement of legislation and through public awareness campaigns; (Paragraphs 42 and 42) Universal Periodic Review (May 2010) A - 65.59. Follow up on and implement the recommendations made by the Committee on the Elimination of Discrimination against Women, in particular those referring to the adoption of legislation and policies to eliminate violence against women, female genital mutilation and child marriage (Mexico); (accepted) A - 65.65. Strengthen the fight against child trafficking, female genital mutilation, maternal mortality, drug trafficking and lack of security (Senegal); (accepted) _______________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2002) The Committee is concerned that: (a) Differences in the minimum legal age of marriage for girls (14) and boys (16) is discriminatory and that, in practice, the marriage of girls at age 13 or 14 is common; The Committee recommends that the State party: (a) Raise the minimum legal age of marriage of girls so that it is the same as for boys and enforce respect for this minimum age; (Paragraphs 19 and 20) Noting the work undertaken to address female genital mutilation and other harmful practices, including through international cooperation, the Committee remains deeply concerned that: (a) As indicated in the State party’s report, the early marriage of girls - often around the age of 13 or 14 - is common (see report, para. 33) and can lead to poor health for girls; The Committee recommends that the State party: (a) Make every effort to combat practices involving the early marriage of girls, including through the involvement of community leaders and the use of education campaigns; (Paragraphs 42 and 43) UN Committee on the Elimination of Discrimination against Women The Committee is deeply concerned about the persistence of harmful traditional practices, patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in all spheres of life. The Committee expresses concern that such norms, customs and practices justify and perpetuate discrimination against women, including violence against women and the persistence of harmful traditional practices, such as food taboos, early and forced marriage, and levirate marriage. It regrets that no sustained and systematic action has been taken by the State party to modify or eliminate such harmful traditional practices, patriarchal attitudes and stereotypes. The Committee urges the State party to: (a) Put in place, without delay, a comprehensive strategy, including clear goals and timetables, to modify or eliminate cultural practices and stereotypes that are harmful to, and discriminate against, women and to promote women's full enjoyment of their human rights in conformity with articles 2 (f) and 5 (a) of the Convention. This strategy should include specifically designed educational and awareness-raising programmes targeting women and men at all levels of society, including Government officials and traditional and community leaders, and should be aimed at creating an enabling environment for the transformation and change of stereotypes and discriminatory cultural values, attitudes and practices. (Paragraphs 23 and 24) The Committee is deeply concerned about the prevalence of harmful traditional practices under customary law in Guinea-Bissau, including early and forced marriage, polygamy and levirate marriage, which violate the human rights of women and girls. The Committee urges the State party to: (a) Explicitly repeal all discriminatory provisions in national legislation and customary law in the areas of marriage and family relations as a matter of priority. (b) Take appropriate measures to eradicate harmful traditional practices and those customs and traditions that justify and perpetuate them. (Paragraphs 41 and 42) Universal Periodic Review (May 2010) A - 65.59. Follow up on and implement the recommendations made by the Committee on the Elimination of Discrimination against Women, in particular those referring to the adoption of legislation and policies to eliminate violence against women, female genital mutilation and child marriage (Mexico); (accepted) R - 67.4. Intensify efforts to improve the human rights of women, and take measures to combat harmful traditional practices under customary law, such as early and forced marriage, trafficking, polygamy and levirate marriage (Norway); (unsure) _______________________________________________________ Inadequate and inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, June 2002) The Committee is concerned that, as noted by the State party in its report: (a) With regard to “the judicial level of services” legislation is insufficient and ineffective, and that the judicial system lacks courts and trained staff to deal with juveniles in conflict with the law (para. 106); (b) There are no institutions for the prevention of crime among minors and for their rehabilitation (para. 241); (c) Minors are sometimes held with other persons (for example, adults or convicted persons) from whom they should normally be separated; (d) The rights of children are not fully respected in instances where customary law is applied. The Committee recommends that the State party: (a) Amend and/or adopt and implement legislation providing for the full application of the juvenile justice infrastructure and system, in accordance with the provisions of the Convention and other international standards; (b) In this regard, develop mechanisms and provide adequate resources, including with regard to the establishment of juvenile justice courts, to ensure the full implementation of juvenile justice standards, and in particular, articles 37, 40 and 39 of the Convention, as well the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines); (c) Ensure that detention or imprisonment of children is used only as a measure of last resort and that children are detained or imprisoned separately from adults; (d) Make efforts to ensure that the practise of traditional law, where it involves children, is in full accordance with the rights afforded to children under the Convention; (e) Seek assistance from, inter alia, 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 in Juvenile Justice. (Paragraphs 58 and 59) Universal Periodic Review (May 2010) A - 65.15. Amend and/or adopt and implement legislation providing for the full application of the juvenile justice infrastructure and system, in accordance with the provisions of CRC and other international standards (Germany); (accepted) A - 65.86. Intensify its efforts to humanise its penal system, with special focus placed on the separation of female and juvenile inmates (Slovakia); (accepted) A - 65.99. Take appropriate measures to fight illiteracy, ensure equal opportunities for women and men in the labour market, and provide for participation in political and public life and equal access to justice (Slovenia); (unsure) _______________________________________________________ Inadequate education provision, particularly for girls UN Committee on the Rights of the Child (Concluding Observations, June 2002) Despite increases in school enrolment over the past decade, the Committee remains concerned that: (a) Literacy rates and primary and secondary school enrolment rates among children are extremely low; (b) There are major differences in the access of children to education across the country; (c) Literacy and enrolment among girls are much lower than the already worrying rates for boys; (d) Primary education, where available, is of a low quality and many schools offer only the 1st and 2nd grades and few offer more than four years of education; (e) Schools lack adequate books and materials; (f) Only 1 per cent of children have access to nurseries, kindergartens or similar institutions (see report, para. 217); (g) Many teachers have not received any formal training; (h) The number and quality of special education institutions are extremely limited; (i) Ninety per cent of education costs are supported by external assistance (see report, para. 216). The Committee recommends that the State party: (a) Raise the State party’s contribution to the education budget to the maximum of available resources, while also continuing to seek support through international cooperation; (b) Strengthen education infrastructure, including with regard to administration, management, educational planning, the quality of education in general, the training of teachers and other staff, the construction of additional schools and classrooms, and the provision and quality of textbooks and other school materials and equipment; (c) Consider strengthening the quality of primary and secondary school curricula, taking into consideration the Committee’s General Comment on article 29.1 of the Convention and the aims of education (CRC/GC/2001/1); (d) Urgently take action to increase the proportion of children enrolling in primary school and completing compulsory education; (e) Urgently give special attention to raising the proportion of girls completing their primary and secondary education, including through affirmative action and similar special measures, and by ensuring that girls have the same opportunities as boys to attend formal education, that the education of girls is seen by parents, families and communities, as being of equal importance to that of boys and that education is seen as the right of all children; (f) Make every effort to ensure that compulsory education is free for all children, including with regard to textbooks and uniforms for disadvantaged children and families; (g) Increase the number, capacity and quality of special education institutions; (h) Seek technical assistance from UNICEF and UNESCO in this regard. (Paragraphs 44 and 45) UN Committee on the Elimination of Discrimination against Women The Committee is extremely concerned about the alarmingly high rates of illiteracy in Guinea-Bissau, about the very low rates of girls' school enrolment and completion of schooling at all levels, and about the persistence of structural and other barriers to quality education, which constitute particular obstacles to the education of girls and young women. These barriers include extreme poverty, a lack of physical infrastructure and a lack of trained and qualified teachers, especially female teachers, which may increase girls' vulnerability to violence and abuse in schools. In particular, the Committee is concerned about cultural barriers to education and the negative impact of harmful traditional practices, such as early and forced marriage, on girls' education. The Committee recommends that the State party: (a) Take immediate steps to implement measures to ensure equal access for girls and women to all levels of education and retention of girls in school, including through temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation No. 25. (b) Increase its investment in education, especially in rural areas, and to raise awareness of the importance of education as a human right and as a basis for the empowerment of women. (c) Take steps to overcome traditional attitudes that constitute obstacles to girls' and women's education, to develop non-stereotyped educational curricula that address structural causes of discrimination against women, to provide adequate and gender-sensitive training for teachers and school personnel, and to ensure that women and girls have access to safe educational settings that are free from violence and abuse. (d) Make a concerted effort to improve the literacy level of girls and women through the adoption of comprehensive programmes at the formal and non-formal levels, and through adult education and training. (Paragraphs 33 and 34) Universal Periodic Review (May 2010) A - 65.93. Continue to implement programmes and measures to guarantee quality health services and quality education free of charge (Cuba); (accepted) A - 65.99. Take appropriate measures to fight illiteracy, ensure equal opportunities for women and men in the labour market, and provide for participation in political and public life and equal access to justice (Slovenia); (unsure) A - 65.100. Continue to promote school attendance for girls (Senegal); (accepted) _______________________________________________________ Inadequate response to HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, June 20020 The Committee is deeply concerned at the negative impact of the growing rate of HIV/AIDS infection on the cultural, economic, political, social and civil rights and freedoms of children infected with or affected by HIV/AIDS, including the Convention’s general principles, with particular reference to the rights to non-discrimination, to health care, education, food and housing, as well as to information and freedom of expression. The Committee recommends that the State party: (a) Integrate respect for the rights of the child into the development and implementation of its HIV/AIDS policies and strategies on behalf of children infected with and affected by HIV/AIDS, as well as their families, including by making use of the Guidelines on HIV/AIDS and Human Rights (E/CN.4/1997/37, annex I) and with particular reference to children’s rights to non-discrimination, health, education, food and housing, as well as to information and freedom of expression; (b) Make every effort to provide for the treatment of children and their parents infected by HIV/AIDS; (c) Strengthen programmes to prevent the transmission of HIV/AIDS and to ensure protection of the rights of AIDS orphans; (d) Take note of the results of the Committee’s day of general discussion on children living in a world with AIDS (5th October 1998); (e) Seek international cooperation in this regard. (Paragraphs 40 and 41) Universal Periodic Review (May 2010) A - 65.94. Make all possible efforts to combat HIV/AIDS and to prevent the mother-to-child transmission of the virus, and request technical and financial assistance from international agencies, including WHO and UNICEF (Libyan Arab Jamahiriya); (accepted) _______________________________________________________ Inadequate health care services UN Committee on the Rights of the Child (Concluding Observations, June 2002) The Committee is deeply concerned at: (a) The limited access to, capacity and quality of health-care services, including in terms of distance between people’s homes and health facilities, cost and the insufficient number of hospital beds and the limited availability of affordable and appropriate medication; (b) The high rates of infant and maternal mortality, malnutrition inadequate immunisation and high mortality from malaria; (c) The limited proportion of the population with access to safe water and adequate sanitation, including in schools, and related cholera and meningitis epidemics; (d) Low levels of health education within communities. The Committee recommends that the State party: (a) Significantly increase its expenditure on health; (b) Significantly improve children’s access to health services and to medication including by strengthening the quality and capacity of the health infrastructure, providing financial assistance or free medical care to children in need of such support and their families and addressing the access concerns of those children living in isolated rural communities; (c) Take action to address specific concerns, including infant and maternal mortality, malnutrition, inadequate immunisation, malaria rates and cholera and meningitis epidemics; (d) Take action to ensure that all children have access to drinking water and adequate sanitation, including in schools, and to ensure adequate waste disposal arrangements; (e) Seek assistance through international cooperation in this regard. (Paragraphs 34 and 35) Universal Periodic Review (May 2010) A - 65.93. Continue to implement programmes and measures to guarantee quality health services and quality education free of charge (Cuba); (accepted) A - 65.95. Noting that, owing to malaria, acute respiratory tract infections and malnutrition, child mortality is relatively high, call on the international community to provide assistance in reducing child mortality rates (China); (accepted) _______________________________________________________ Discrimination against women and girls UN Committee on the Rights of the Child (Concluding Observations, June 2002) The Committee is concerned that: (a) The list of criteria for which discrimination is prohibited under the Constitution, as described in the State party’s report (para. 146), is limited in relation to article 2 of the Convention and omits, notably, discrimination on the grounds of political belief; (b) As noted in the State party’s report (para. 140) “girls are highly penalised not only at the level of the family but in society in general”; (c) Discrimination against children with disabilities is prevalent. The Committee recommends that the State party: (a) Amend the legislation to ensure that it fully corresponds with the provisions of article 2 of the Convention; (b) Formulate policies and programmes with a view to addressing discrimination against specific groups of children, in particular girls and children with disabilities. Universal Periodic Review (May 2010) A - 65.51. Strengthen its national machinery for the protection and advancement of women and girls (Bangladesh); (accepted) A - 65.52. Enhance international cooperation programmes aimed at promoting gender equality and combating trafficking in women and children (Philippines); (accepted) R - 67.4. Intensify efforts to improve the human rights of women, and take measures to combat harmful traditional practices under customary law, such as early and forced marriage, trafficking, polygamy and levirate marriage (Norway); (unsure) _______________________________________________________ Discrimination against children with disabilities UN Committee on the Rights of the Child (Concluding Observations, June 2002) The Committee is concerned that: (a) The list of criteria for which discrimination is prohibited under the Constitution, as described in the State party’s report (para. 146), is limited in relation to article 2 of the Convention and omits, notably, discrimination on the grounds of political belief; (c) Discrimination against children with disabilities is prevalent. The Committee recommends that the State party: (a) Amend the legislation to ensure that it fully corresponds with the provisions of article 2 of the Convention; (b) Formulate policies and programmes with a view to addressing discrimination against specific groups of children, in particular girls and children with disabilities. (Paragraphs 21 and 22) While noting that a major effort has been made to address the situation of children with disabilities since 1986 (see report, para. 189), the Committee remains concerned that: (a) The rights of children with disabilities are very poorly respected (see report, para. 187), societal discrimination is prevalent against children with disabilities, including children with Down’s syndrome, and there are cases of the killing of newborn children who have physical disabilities; (b) As indicated in the State party’s report, the law does not prohibit discrimination against the disabled specifically, there is no law mandating accessibility for persons with disabilities and existing legislation with regard to children with disabilities is not implemented; (c) There is a lack of health, educational or professional training facilities for children with disabilities (see report, para. 147) and, in particular, children with disabilities have very limited access to formal education; (d) Children with disabilities often have serious difficulty in gaining access to public buildings, including hospitals and schools. The Committee recommends that the State party, in the spirit of the United Nations Guidelines on Disabilities and the results of the Committee’s day of general discussion on the rights of children with disabilities: (a) Develop or amend legislation to ensure that discrimination on the grounds of disability is prohibited and that children with disabilities have access to public transportation and public buildings, including all schools and hospitals; (b) Ensure the implementation of all legislative measures of protection for children with disabilities, in particular with regard to non-discrimination, giving attention to practices such as the killing of newborn children with disabilities; (c) Significantly strengthen its assistance to children with disabilities and ensure, inter alia, that they have access to health, educational and professional facilities; (d) Review the recommendations made at the First National Conference on Disabled People (see report, para. 190) and implement those recommendations which remain valid; (e) Revive services established to assist persons with disabilities in the past, but which are no longer functioning, or functioning only in part (see report, paras. 195-198); (f) Seek international cooperation in this regard. (Paragraphs 36 and 37) Universal Periodic Review (May 2010) A - 65.25. Adopt sectoral plans for the promotion of human rights in order to promote the human rights of vulnerable groups such as women, children and persons with disabilities (Algeria); (accepted) A - 65.49. Ensure that the rights of children with disabilities are respected, and take into account, inter alia, the recommendations of the Committee on the Rights of the Child (Netherlands); (accepted) 67. R - 67.3. Repeal or amend legislation that discriminates against disabled person and children, with a focus on eradicating the practice of killing newborn children with disabilities, preventing violence at the hands of family members and society in general, and ensuring equal access to all public transportation and buildings (Israel); (rejected) _______________________________________________________
Last reported: 3 August 2009
Last reported: 3 August 2009
Last reported: 3 august 2009