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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
Ratified in 1978, but not yet reported.
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UN Committee on Economic, Social and Cultural Rights
Ratified in 1978, but not yet reported.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/304/Add.86
Last reported: 24 / 25 August 1999 Concluding Observations issued: 12 April 2001
Issues raised and recommendations given:
Education: The Committee encourages the State party to continue working in cooperation with the Office of the United Nations High Commissioner for Human Rights in the protection and promotion of human rights, including the elimination of racial discrimination. In this connection, the Committee recommends that the State party consider providing education and training on racial tolerance and human rights issues to the population at large and, in particular, to teachers and school administrators, in accordance with article 7 of the Convention and general recommendation XIII of the Committee. (Para. 20)
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UN Committee on the Elimination of Discrimination against Women
UN Committee on the Elimination of All Forms of Discrimination against Women
CEDAW/C/GIN/Q/7-8
Adopted by the Committee: 30 October 2014
Published by the Committee: 7 November 2014
Issues raised:
Harmful practices:
The Committee is concerned at the persistence of deeply rooted gender stereotypes, in addition to practices that are harmful to women, such as female genital mutilation, forced and child marriages, polygamy or succession rites related to widowhood as well as levirate and sororate. It regrets the absence of a strategy to combat these stereotypes and harmful practices through education, awareness-raising campaigns, including through the media, and legislation prohibiting such practices (para.28). The Committee notes the serious health complications for girls and women arising from the practice of female genital mutilation which, in some cases, may lead to death (para.30).
The Committee urges the State party: To strengthen efforts, in cooperation with civil society, traditional and religious leaders, to lead its preventive strategies and raise awareness of the negative impact of female genital mutilation on the lives of girls and women and the need to recognize it as a human rights violation among both men and women, in order to eliminate the practice of female genital mutilation and its underlying cultural and religious justifications; To provide training on the strict application of legislation prohibiting FGM for the police and other law enforcement officials, health and social workers, and the judiciary; and to ensure that perpetrators and practitioners are effectively investigated, prosecuted and punished (para.31).
The Committee notes the information given by the delegation that the draft Civil Code is compatible with the Convention, and will replace all the presently discriminatory provisions such as the lower age of marriage for girls compared to boys (para.54).
Trafficking and sexual exploitation:
The Committee is concerned at the lack of resources for the implementation of the National Action Plan against Human Trafficking and the absence of a system to collect disaggregated data on trafficking in women and girls to, from and within the State party, as well as to identify women at risk of being trafficked (para.34).
The Committee recommends that the State party finalise the revision of its Criminal Code with a view to preventing and sanctioning all forms of trafficking; Systematically collect information on trafficking in women and girls to, from and within the State party in order to take informed measures to tackle the phenomenon (para.35).
Education:
The Committee is concerned about the continued low enrolment rate of girls, at all levels of education, owing to stereotypes and cultural barriers to women’s and girls’ access to education; The high dropout rate among girls, owing, inter alia, to child marriage and early pregnancy, and the lack of measures to support and encourage pregnant school girls to stay in school; The insufficient encouragement for women and girls to access traditionally male dominated fields of education and career; The persistence of stereotypes and harmful practices despite the creation of modules to sensitize children and adolescents on these issues, and the need to intensify these initiatives; and the insecurity for girls in schools and, in particular, the risk of sexual harassment and abuse by teachers (para.42).
The Committee recommends that the State party ensure that girls and young women have equal access, in practice, to all levels of education, including by eliminating direct and indirect costs of schooling, fighting child marriage, providing incentives for parents to send their daughters to school, and building appropriate sanitary facilities in existing and new schools; Take proactive measures to retain girls in school such as support to pregnant girls enabling them to remain in school or facilitating their return to school after giving birth; Raise awareness among communities, families, students, teachers and decision makers, especially men, about the importance of women’s and girls’ education; Investigate and prosecute cases of sexual harassment and abuse in school; Encourage women and girls to choose non-traditional fields of education and careers, such as technical and vocational education and training in traditionally male-dominated areas, including technology and engineering, to broaden career options and occupational choices; Develop indicators and benchmarks to evaluate the barriers and obstacles to education as tools for developing relevant programmes and measures; and continue developing and promoting age-appropriate education on sexual and reproductive health and rights to address teenage pregnancies, as well as on prevention of child marriage, early pregnancy and female genital mutilation at all levels of the education system (para.43).
Child Labour:
The Committee is concerned about the persistence of the very high level of child labour, including worst forms of child labour, such as in the mining industry and domestic labour, as well as affecting very young children (para.46). The Committee recommends that the State party strengthen its efforts to eradicate bonded labour including worst forms of child labour and domestic servitude and ensure effective implementation of the ILO Convention No. 105 (year) concerning the abolition of forced labour, such as increased inspections and the imposition of fines for employers of women and men working in exploitative and hazardous conditions (para.47).
Health:
The Committee recommends that the State party increase training of midwives to improve access of women and girls to adequate healthcare; Strengthen the programme for the reduction of maternal, new-born and child mortality, and ensure the full implementation of the programme for free obstetric care with a wider geographic coverage through adequate financial and human resources; Widely promote age appropriate education on sexual and reproductive health and rights, in particular by undertaking large-scale awareness-raising campaigns about available contraceptive methods; and increase access to comprehensive, safe and affordable contraceptives and information on family planning for women and men and girls and boys throughout the State party (para.51).
CEDAW/C/GIN/4-6
Last reported: 25 July 2007
Concluding Observations issued: 10 August 2007
Issues raised and recommendations given:
Traditional harmful practices: While noting the entrenched cultural underpinning of female genital mutilation and welcoming the promulgation of Act L/2000/010/AN of 10 July 2000 on reproductive health which prohibits female genital mutilation, as well as other measures, such as the prohibition on carrying out female genital mutilation at health facilities, the Committee is deeply concerned about the persistence and very high incidence of that harmful practice, which is a grave violation of girls’ and women’s human rights and of the State party’s obligations under the Convention. It is also concerned about the impunity of perpetrators. The Committee notes the serious health complications for girls and women arising out of the practice of female genital mutilation and which, in some cases, may lead to death.
The Committee urges the State party to raise awareness about the Law on Reproductive Health that prohibits all forms of female genital mutilation and to ensure its enforcement, including the prosecution and adequate punishment of offenders. It urges the State party to strengthen its awareness-raising and education efforts, targeted at both men and women, with the support of civil society and religious leaders, in order to eliminate the practice of female genital mutilation and its underlying cultural and religious justifications. It encourages the State party to devise programmes for alternative sources of income for those who perform female genital mutilation as a means of livelihood. It calls upon the State party to address the health consequences of female genital mutilation and provide medical support to those affected by it. In this context, it also encourages the State party to seek technical assistance from the United Nations Population Fund and the World Health Organization. (Paras. 24-25)
Violence: The Committee remains concerned about the prevalence of violence against women and girls. The Committee is particularly concerned about occurrences of domestic violence, rape, including marital rape, and all forms of sexual abuse of women, and about the persistence of patriarchal attitudes whereby the physical chastisement of family members, including women, is considered acceptable. It is further concerned about the lack of information and data in the report on the prevalence of different forms of violence against women, the lack of legislation to address domestic violence comprehensively, the apparent lack of public awareness of this violation of women’s human rights and the insufficient support for victims of violence.
The Committee urges the State party to place the highest priority on implementing a comprehensive approach to address all forms of violence against women. It encourages the State party to make full use of the Committee’s general recommendation 19 in such efforts and of the United Nations Secretary-General’s in-depth study on all forms of violence against women (A/61/122/Add.1 and Corr.1). It urges the State party to raise public awareness through the media and education programmes that all forms of violence against women are unacceptable. The Committee calls upon the State party to train the judiciary, law enforcement officials, legal professionals, social workers and health providers so as to ensure that the perpetrators of violence against women are effectively prosecuted and punished with the required seriousness and speed and that effective and gender-sensitive support is provided to victims.
It calls on the State party to enhance victims’ access to legal redress and to establish support measures for victims of violence against women, including shelters and legal, medical and psychological support. The Committee urges the State party to enact without delay legislation on domestic violence, including marital rape, and all forms of sexual abuse, as requested in the Committee’s previous concluding comments (see A/56/38, part two, chap. IV, para. 135). The Committee requests the State party to provide information in its next report on the laws, policies and programmes in place to deal with all forms of violence against women and on the impact of such measures, as well as statistical data and trends over time concerning the prevalence of various forms of such violence. (Paras. 26-27)
Trafficking: While appreciating the State party’s efforts to combat the trafficking of women and girls, the Committee remains concerned about the absence of adequate measures to combat this phenomenon, including its causes and extent, in particular from the State party’s position as a country of origin, transit and destination. Moreover, the Committee is concerned about the lack of data and statistical information about the extent of trafficking in women and girls, in particular internal trafficking from rural to urban areas.
The Committee urges the State party to undertake efforts to determine the causes and extent of trafficking of women and girls from its perspective as a country of origin, transit and destination and to determine the incidence of internal trafficking. It recommends that the State party strengthen measures to combat and prevent trafficking in women and girls and to improve the economic situation of women so as to eliminate their vulnerability to exploitation and traffickers. The Committee requests the State party to provide, in its next report, comprehensive information and data on trafficking in women and girls. (Paras. 28-29)
Education: While noting with satisfaction the inclusion of functional literacy modules in the curriculum of the women’s self-help centres (CAAF) and, in 2003, the establishment of a United Nations Educational, Scientific and Cultural Organization (UNESCO) Chair of Women, Gender, Society and Development at the University of Conakry, the Committee remains concerned about the very high rate of illiteracy among women and girls, which clearly demonstrates patterns of direct and indirect discrimination under article 10. It is also concerned about the very low number of girls in higher education, the low level of schooling of girls, in particular in rural areas, and the high drop-out rate of girls, including for such reasons as pregnancy and early and forced marriage. It is further concerned about the poor educational infrastructure and the insufficient number of schools and qualified teachers, as well as about the economic burden for parents to send girls to school.
The Committee urges the State party to raise awareness of the importance of education as a human right and as a basis for the empowerment of women, and to take steps to overcome traditional attitudes that perpetuate discrimination and lack of compliance with the provisions of article 10 of the Convention. It recommends that the State party implement measures to ensure equal access for girls and women to all levels of education and to ensure the 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 25, such as incentives for parents to send girls to school.
The Committee calls on the State party to make every effort to improve the literacy level of girls and women through the adoption of comprehensive programmes of formal and non-formal education, and through adult education and training. It requests the State party to implement specific measures to enable girls to complete their schooling after childbirth, and to combat early and forced marriage as obstacles to their education. It encourages the State party to strengthen collaboration with civil society and to seek enhanced support from the international community and donor organizations to accelerate compliance with article 10 of the Convention. (Paras. 34-35)
Early marriage: The Committee is concerned about various prevailing discriminatory provisions in the Civil Code, such as a lower age of marriage for women (17 years) than for men (18 years), the notion that the man is the head of the household and as such determines the location of the family domicile, and the provisions relating to custody of minor children and the unequal sharing of marital responsibilities.
The Committee urges the State party to place high priority on the speedy adoption of the draft civil code in order to bring the relevant provisions promptly into line with articles 1, 2, 15 and 16 of the Convention. The Committee calls upon the State party to increase its efforts to sensitize public opinion regarding the importance of this reform, in order to achieve full compliance with its provisions. (Paras. 44-45)
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CAT/C/GIN/CO/1
Ratified in 1989, initial report submitted on 6 May 2014
Last reported: 6 May 2014 Concluding observations issued: 20 May 2014
Issues raised and recommendations given:
Reporting: The Committee regrets that Guinea has not reported on the application of the Convention since it ratified it in 1989. It regrets that the initial report was submitted on the day of the scheduled examination and did not comply with the Committee's guidelines. The Committee however noted with satisfaction the presence of a high-level delegation, which permitted to hold a frank and direct dialogue on the situation in the State Party.
Ratifications: The Committee welcomes Guinea's ratification of the following children rights instruments since 1989:
-The Convention on the rights of the child, on July 13 1990,
- The African Charter on the rights and well-being of the child, on May 27 1999,
- The Optional protocol to the Convention on the rights of the child, on the Sale of Children, Child Prostitution and Child Pornography, on 16 November 2011.
National legislations: The Committee also welcomes the following national legislations relating to children's rights:
- Law L/2008/011/AN (19 August 2008), creating a "childhood code"
- Law L010/AN/2000 (10 JUly 2010) on "health and reproduction", making Female Genital Mutilations illegal
Events at the Conakry Stadium: The committee is concerned about the events at the Conakry stadium on September 28, 2009. The UN international investigation commission on Guinea qualified these events as "crime against humanity". The Committee is concerned about the slowness of the Sate party in determining responsibilities for the acts of torture, executions, rapes, sexual abuse and exploitation, arrests, arbitrary detentions and forced disappearances, committed by law enforcement forces during these events. It is particularly concerned about the widespread sexual violence against girls and women during these events, which has rarely been investigated and in stored a climate of impunity. (Para. 10)
Conditions of detention: The Committed deplores that men, women and minors, accused and convicted detainees are not held separately, especially in places of deprivation of liberty located outside of the capital city.
The Committee recommends to hold minors and women separately from adults, and to hold sentenced and accused persons separately. (Para. 14)
Violence against women: The Committee raises concerns over reports stating that 90% of women and girls are victims of gender-based violence, and that these abuses are rarely investigated. Furthermore, it difficult for victims of sexual violence to seek justice. rape and sexual abuse are widespread and the Guinean Penal COde describes them as indecency offences, rather then crimes against a person. The Committee recommends that the State Party increases its efforts to apply mechanisms to prevent and prosecute all forms of violence against women and girls, specifically by ensuring that every offence is rapidly and efficiently investigated and prosecuted, even when offenders are officials. The State Party should establish a complaints mechanism for women and girls, and comply with its obligation to protect them against all forms of violence. (Para. 16)
Female Genital Mutilations (FGMs): Despite the law L010/AN/2000 and articles 405 and following of the "Code de l'enfant", the committee notes with serious concerns that the guinean delegation declared that no prosecutions or sentence have been handed down to date under this law. This is all the more preoccupying when, according to the report submitted to the COmmittee on the rights of the child, in january 2013, 96% of girls were still victims of FGMs. The Committee recommended that Guinea adopts a holistic approach and elaborates a comprehensive action. The State Party should strengthen measures taken to eliminate FGMs, by facilitating complaints, investigating promptly, prosecuting and sentencing theses responsible. It should strengthen national awareness campaigns, provide remedies and rehabilitation for victims, and create shelters for girls and women fleeing their homes to escape these practices. More generally, the State party should make sure that its customary laws and practices comply with obligations under human rights law. (Para. 17)
Human trafficking: The Committee notes with satisfaction the creation of a special unit against human trafficking in 2013, but it is still worried over information received reporting on internal and cross-border trafficking of men, women and children for sexual, labour or domestic exploitation. (Para. 18)
Juvenile justice: The Committee regrets that articles 310, 328 and 329 of the "Code de l'enfant", establishing a separate jurisdiction for minors and alternative to detention measures, is in practice not applied. It deplores that minors are often sentenced for small offences, that mediation and alternatives to detention are rarely applied, that children and adults are not detained separately, and that children are regularly submitted to torture, degrading or inhumane treatments. (Para. 23)
Lack of statistical information: The Committee notes the lack of statistical data on physical and sexual violence against girls and women, domestic violence, FGMs, human trafficking, asylum and deportation. (Para. 27)
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UN Committee on Migrant Workers
Ratified in 2000, but not yet reported.
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UN Committee on the Rights of Persons with Disabilities
Ratified in 2008, but not yet reported.
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UN Committee on Enforced Disappearance
Not yet signed or ratified.