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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Honduras - 9th Session - 2010
4th November, 2.30pm to 5.30pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
National Report
35. The Inter-Agency Criminal Justice Commission, which comprises, inter alia, the judiciary, the Public Prosecutor’s Office and the Ministry of Security, has decided to use every possible means to establish effective mechanisms for preventing extrajudicial executions, particularly of young people. In addition, security arrangements are to be made for judges and other members of the judiciary who try criminal cases — particularly cases involving children — who could experience death threats, in order to protect their lives, physical integrity and independence in the discharge of their duties.
42. According to the Constitution, “education is an essential function of the State in conserving, promoting and disseminating culture, the benefits of which must be transmitted to society without discrimination of any kind; public education shall be secular and based on fundamental principles of democracy. It shall instil and promote in all students a deep feeling of Honduran patriotism and shall be directly connected with the country’s economic and social development process”.
43. The Ministry of Education is responsible for administering the national education system. A process of educational change and reform was launched in 2000 with the aim of ensuring that children and young people acquire the necessary basic skills; a national core curriculum with corresponding syllabus was devised, in order to ensure quality education with social and gender equity and allow the social and cultural development of communities. The National Core Curriculum includes human rights education with an emphasis on participatory democracy, which aims to provide an education based on ethical, moral and civic values, in a framework of equality, justice, interculturality and sex education.
46. The biggest effort is being made in primary education, where net coverage is 86 per cent of the population of primary school age; gross coverage is 99.25 per cent, however, which includes children under 7 and over 13. A large sector of the population has no access to primary education, particularly in rural areas.
47. Illiteracy remains a priority issue for the national education system. Various programmes have been implemented to eliminate illiteracy, including EDUCATODOS, the basic education support programme PRALEBAH, “El Maestro en Casa” (“A teacher in the home”), Telebásica and “Yo, sí puedo” (“Yes I can”). Non-governmental sectors also make a major contribution with educational programmes on radio and television to facilitate access to basic and lower secondary education in the areas most remote from schools, likethose broadcast by the Institute of Radio Education. All these projects are supported by the Honduran Government.
48. In terms of progress in 2006–2010, there have been percentage gains in student numbers, in the establishment of schools across the country and in the creation of new teaching posts by the Ministry of Education. Comparative figures show that total student enrolment in 2006 at all levels was 2,054,612, while in 2009 total enrolment was 2,089,901, an increase of 10.17 per cent.
49. As to new schools, in 2006 there were a total of 18,820 schools nationwide, and by 2009 there were 4,145 new schools, bringing the total to 22,965, an increase of 22.02 per cent. There are also other programmes, such as the National Programme of Education for Indigenous Ethnic and Afro-Antillean Groups, which was set up at the request of the indigenous and Afro- Honduran peoples to meet their special needs in terms of education, notably language and culture in the classroom. Reading and writing materials in seven indigenous languages and in Spanish as a second language have been developed to underpin the curriculum.
57. To properly meet the educational needs of this school population, 1,300 teachers have been trained and have qualified as primary teachers specializing in bilingual intercultural education, and a further 1,300 are currently in training. The target population is 125,000 children, that is 100 per cent of the school population belonging to these ethnic groups.
60. For young people, the “My First Job” programme was created in order to facilitate the entry to the labour market of around 6,000 urban youngsters of limited means between 15 and 19 years of age.
61. As to the prevention and gradual eradication of child labour, the plan for the hemisphere on decent work for 2020 is being implemented, with the aim of entirely eradicating the worst forms of child labour. In accordance with the institutional targets, in the last three years a total of 60,687 children have been withdrawn from workplaces, out of a total of 800,000.
79. The following are the most important achievements for women’s rights are: the creation of a Gender Unit in the police force; training for Honduran police in gender matters and prevention of gender violence, domestic and family violence and child sexual exploitation.
81. The Constitution establishes an obligation to protect children in accordance with international treaties and special legislation.
82. Honduras has been a party to the Convention on the Rights of the Child since 1990. In 1996 the Children and Adolescents Code was promulgated, establishing children’s fundamental rights, creating and regulating the prevention and protection regime whereby the State ensures children’s full development, and establishing the necessary mechanisms and procedures for access to justice. To oversee implementation of the Code, the Honduran Institute for Children and the Family (IHNFA) was established.
83. IHNFA runs three major programmes: the Family Welfare and Community Development Programme, with a predominantly preventive focus and with its main initiatives in three key areas, namely child welfare, strengthening the family and publicizing and promoting children’s rights; the Social Intervention and Protection Programme, which aims to protect children at social risk by avoiding placement in care and to that end involving the family and society in the process of intervention and restitution of rights.
84. In order to protect children’s rights, IHNFA regularly inspects the various State-run centres and private organizations working with children, and the Monitoring and Inspection Department made some 1,000 visits to various centres between 2006 and 2010.
85. Significant progress has been made in the use of non-custodial measures, which has reduced overcrowding in detention centres and resulted in an improvement in the care provided to children and adolescents who fall foul of the criminal law.
86. Concern has been expressed about alleged executions of children, which have figured in international publications in several countries, and this led the Office of the Special Prosecutor for Children to set up the Special Unit to Investigate Violent Deaths among Children, notably execution-like deaths. There were 107 complaints in Tegucigalpa in 2009, 14 cases went to court, bringing the total including cases with trials pending from previous years to 46, and 9 sentences were handed down, all of them convictions. In 2010 there have been 108 reports, of which 36 are still active cases with an identified accused; in 20 cases arrest warrants have been issued and 51 cases are under investigation; only 1 case has been dismissed.
87. The measures adopted by the State to protect children and adolescents include the establishment of the Inter-Agency Commission to Combat the Commercial Sexual Exploitation of Children and Adolescents; development of the Action Plan to Combat the Commercial Sexual Exploitation of Children and Adolescents 2006–2011; development of the Action Plan for the Gradual Eradication of Child Labour in Honduras 2006–2015; adoption of a code of conduct for the tourism sector (2005); creation of special police units to prevent and investigate offences of commercial sexual exploitation; establishment of standing coordination mechanisms for consulates via the Ministry of Foreign Affairs in order to enable repatriation of victims in other countries, with the cooperation of the International Organization for Migration (OIM); the 111 hotline for reporting violations of children’s rights; and the creation of the Children’s Rights Observatory in cooperation with the United Nations Children’s Fund (UNICEF).
88. Policy on youth is based on the obligations of Honduras under the international treaties it has ratified, namely the Convention on the Rights of the Child, the Ibero-American Convention on Young People’s Rights, the Millennium Summit and the International Covenant on Civil and Political Rights.14 At the domestic level, Honduras has passed the Framework Act for Comprehensive Development of Young People, which establishes a framework for youth in Honduras, and the Covenant on Children, Adolescents and Young People.
89. The National Institute for Youth (INJ) has produced a preliminary draft of a national policy on youth containing seven basic lines of action for young people in various forums and workshops, namely empowerment of young people in participatory democratic processes, universal access to the knowledge society, digital inclusion and multilingual communication, popular culture, sport and recreation as a strategy for social inclusion and development, economic rights of young people through decent work and rural development, all-round health and a healthy lifestyle, social protection from violence and justice as a basis of a culture of peace.
90. Work is currently going on to strengthen the institutional structure through the municipal framework for youth, with the opening of regional and municipal youth commissions.
91. The national youth policy provides for the establishment of a network of youth organizations, an advisory board on youth affairs, juvenile courts, the promotion of volunteer programmes and a national scholarship programme, inter alia.
92. In terms of human rights, the National Institute for Youth runs a school for parents on young people’s human rights and living together without violence or gender discrimination, organizes human rights training in the Municipal Youth Office and municipal youth commissions, organizes a social audit on implementation of young people’s human rights, supports inclusion of courses on young people’s human rights and ethical values in the National Core Curriculum, and a proposal to establish a special prosecutor for young people at the national level to defend their rights.
20. CRC was concerned that discrimination and stigmatization still exist towards indigenous children, street children, children living in rural and remote areas, children with a different appearance (way of dressing, tattoos, symbols), and that discrimination against girls persisted.
22. Prompted by allegations of extrajudicial executions of a large number of children in the period 1998–2000, the Special Rapporteur on extrajudicial, summary or arbitrary executions visited Honduras in 2001. Material collected indicated that there were cases of children killed by the security forces. In most cases, the child was unarmed and did not provoke the use of force. At the time of the visit there were very few investigations or trials relating to incidents of extrajudicial killings, and convictions were exceptional.
23. On 23 June 2009, CAT took note of the establishment of a special unit to investigate the violent deaths of children at the Institute for Children and the Family, as well as the establishment of the Municipal Children’s Ombudsman Office. CRC was concerned at the high number of disappearances and extrajudicial killings of children, including at hands of members of the police, and the fact that the authorities have not responded with adequate action. The HR Committee expressed similar concerns.
29. CAT was concerned at the poor conditions of detention as well as the failure to separate accused and convicted persons, women and men, children and adults.
33. CRC urged Honduras to take all necessary measures to prevent children from being subjected to torture or ill-treatment in all circumstances, in particular during or after apprehension by law enforcement officials.
34. CRC was concerned that domestic violence and abuse of children, including sexual abuse, constitute a serious problem and are on the rise. CRC was concerned that sexual exploitation of children, especially girls, and trafficking are serious problems. Despite Honduras’ ratification of the Optional Protocol on the sale of children, child prostitution and child pornography, no governmental body is in charge of policies to implement it.
37. The ILO Committee of Experts stated that, despite progress, the problem of the commercial sexual exploitation of young persons under 18 still persisted; it requested Honduras to ensure the protection of children under 18 against this worst form of child labour.
38. The ILO Committee of Experts noted that, according to official 2006 statistics, 49 per cent of boys and 21.51 per cent of girls between the ages of 5 and 17 were economically active. The Committee of Experts expressed concern at the persistence of child labour and requested information on the measures taken within the context of the second National Plan of Action for the Elimination of Child Labour (2008–15).
39. The HR Committee observed the alarming spread of child labour, particularly in rural and indigenous communities.
49. CRC reiterated its previous recommendation that Honduras bring its juvenile justice system fully in line with the Convention.
50. CRC reiterated that Honduras make the immediate registration of all children’s birth a priority. It also urged Honduras to speed up the adoption of the draft Special Law on Adoption, and finalize the ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.
60. CRC was concerned that access to health services is inadequate especially in rural areas: despite considerable improvement in the last few years, a high percentage of maternal mortality occurs in rural areas, infant and child mortality remains high.
62. CRC was concerned that, according to the information received, the number of maras/pandillas in Honduras has increased. It also noted that the majority of the children belonging to these groups do not attend school, nor have any employment. CRC recommended that Honduras pay more attention to the social factors and causes at the root of the problem of maras/pandillas, focus on preventive measures and refrain from treating the issue exclusively in a punitive and repressive way, invest in financial and human resources to develop prevention, rehabilitation and reintegration action for members of maras/pandillas.
63. CRC was concerned that the increase in funds available through, among others, poverty reduction strategies, debt reduction programmes and international cooperation did not result in a proportionate strengthening of mechanisms for the integral care and protection of children. Furthermore, it was concerned that unequal distribution of income and misuse of resources, which severely affect children’s enjoyment of their rights, are among the main causes of poverty in Honduras.
64. SNU expresses concern about the lack of national policies on the comprehensive protection of children; the response to the spread of HIV; prevention, treatment and rehabilitation for drug addicts; and support for emigrants, sex workers and HIV orphans.
65. CEDAW was concerned about the high rate of teenage pregnancies and its implications for the health and education of girls. It was concerned that efforts by the Ministry of Education to provide sex education in schools are being impeded by conservative government actors. It was also concerned that abortion is criminalized in all circumstances, including when a pregnancy threatens a woman’s life or health, or is a result of rape or incest.
66. The ILO Committee of Experts expressed concern at the low rate of net school attendance at secondary-school level and observed that poverty is one of the primary causes of child labour, and when combined with a defective education system, poverty hinders the development of children. The Committee of Experts requested Honduras to redouble its efforts to improve the operation of the education system and to take measures to enable children to attend compulsory basic education or be integrated into an informal school system.
67. CRC was concerned about the low quality of education in the country and considerable difference between urban and rural areas in terms of quality and accessibility of education.
72. CRC recommended that Honduras pay special attention to the situation of migrant children, particularly those unaccompanied and in irregular and/or undocumented situation.
15. The Instituto Internazionale Maria Ausiliatrice (IMMA) welcomed the adoption of the National Plan of Action for the Social Integration of Children and Women Dependent on the Street, but remained concerned about the high number of street children and by the lack of coordinated activities in this area.
31. IIMA noted that youths related to gangs experience terrible detention conditions.
32. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment is lawful in the home.58 The GIEACPC indicated that corporal punishment was explicitly prohibited in schools by the Public Education Code and the General Public Education Act. The prohibitions are however not reiterated in more recent laws.59 As noted by GIEACPC, in the penal system, corporal punishment is unlawful as a sentence for crime but is not explicitly prohibited as a disciplinary measure in penal institutions.60 Corporal punishment is lawful in alternative care settings.
38. IMMA noted that there are approximately 10.000 street children in cities such as Tegucigalpa and San Pedro Sula. These children lack the most basic human rights, including an adequate standard of healthcare, food, housing and education.
50. IIMA remained deeply concerned by the sharp increase of children deprived of their liberty, due to the adoption of the new anti maras measures, such as article 332 of the Penal Code, which contemplates the offence of “illicit association”.
68. IMMA recommended to provide bilingual education; to implement school curricula with Aboriginal Studies in order to instill into the population the recognition of the indigenous culture as a national heritage; to ameliorate the access to school for indigenous children and children living in rural areas.
Accepted and Rejected Recommendations
The following recommendations were accepted:
A - 82.2. Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, particularly Women and Children (Ecuador);
A - 82.4. Make efforts to incorporate into national legislation the prohibition of all forms of the corporal punishment of children (Costa Rica);
A - 82.7. Ensure the independence and the proper funding of the Office of the National Commissioner for Human Rights and the Institution for Children and the Family, at a time when restrictions on freedom of expression, discrimination, and gender-based and domestic violence are all on the rise (Hungary);
A - 82.17. Improve the policies for the protection of the rights of children, and guarantee due access to justice for child victims of violence (Brazil);
A - 82.24. Take concrete actions to implement recommendations made by the Committee against Torture in 2009, by the Committee on the Rights of the Child in 2007 and by the Human Rights Committee in 2006 concerning the violent killing of juveniles, emphasizing in particular effective investigations, so as to arrest and punish all material and intellectual perpetrators of such killings, as well as raise awareness about the mistreatment of children (Uruguay);
A - 82.28. Take the necessary measures to prevent high numbers of disappearances and extrajudicial killings related to police actions, in particular with regard to children (Hungary);
A - 82.38. Intensify actions and adopt broad measures to combat violence against women, children, young people and lesbian, gay, bisexual and transgender persons (Brazil);
A - 82.40. Step up efforts to eradicate child abuse and domestic violence through the effective implementation of national strategies (Indonesia);
A - 82.43. Put in place protection measures to prevent, combat and punish perpetrators of violence against women and children, and conduct a campaign to raise awareness on violence against women (Canada);
A - 82.44. Further implement policies to eliminate violence against women and children (Thailand);
A - 82.46. Continue and enhance existing measures to protect women and children from violence, such as the training of Honduran police and the development of the dedicated Gender Unit within the police system (Japan);
A - 82.51. Devote particular attention to fighting the worst forms of child labour and child trafficking, including that for the purpose of commercial sexual exploitation (Uruguay);
A - 82.52. Strengthen efforts to eradicate child abuse, child labour and the sexual exploitation of children (Azerbaijan);
A - 82.74. Consider the possibility of applying sentences alternative to imprisonment, particularly for juveniles and adolescents in conflict with the law (Mexico);
A - 82.75. Bring the juvenile justice system fully into line with the Convention on the Rights of the Child (Poland);
A - 82.102. Address the root causes of poverty, unemployment and lack of education, particularly those affecting children and juveniles, which would help to combat violence and organized crime – which, not infrequently, are the consequences of disappointment and the hopeless future of unemployed young people - as well as to prevent migration and the involvement of persons in drug trafficking and human trafficking (Holy See);
A - 82.109. Develop specialized and differentiated programmes to assist migrant children returned or deported to Honduras, with an approach of restoring their rights while ensuring their effective reintegration into the family and society (Uruguay);
A - 82.110. Develop specialized programmes to assist with minor and adolescent migrants returned or deported to Honduras, in order to ensure their effective social reintegration (Mexico).
The following recommendations remain pending:
P - 83.1. Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption (Ecuador);
P - 83.6. Establish an institution specifically addressing the rights of children; ensure respect for the rights of indigenous children or children living in rural or remote areas; adopt the necessary measures to ensure respect for the rights of girls, boys and adolescents living in the streets or in situations of vulnerability (Ecuador);
No recommendations were rejected.