Submitted by crinadmin on
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
- 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
Adopted by Commmittee: 23 March 2017
Published: 23 April 2017
The Committee welcomes the adoption of Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 4 Feb 2016 (para. 4).
While welcoming the adoption of the Law No. 76 of 20 May 2016, the Committee remains concerned that the Act does not provide same-sex couples the right to adopt children and does not afford full legal protection to those children living in same-sex families (para. 10).
The State party should review relevant legislation and consider allowing same-sex couples to adopt children, including their partner’s biological children, and ensuring the same legal protection for those children living in same-sex families as those living in heterosexual families, and provide for equal access to In Vitro Fertilization (para. 11).
Statelessness and Citizenship:
The Committee is concerned that most stateless persons, mainly Roma and third-country nationals, remain stateless owing to the complicated statelessness determination procedures, which put their children at high risk of inheriting the stateless status of their parents, despite the legislative guarantee of Italian citizenship to those children born in Italy. It is also concerned about the slow progress in adopting legislation to address these issues (art.2, 24) (para. 22).
The State party should take measures necessary to simplify the statelessness determination procedures, reform the citizenship law, and expedite the adoption of appropriate legislation designed to reduce statelessness (para. 23).
While noting the difficult challenge arising from the increasing number of unaccompanied minors arriving in Italy, the Committee is concerned at the insufficient safeguards for these children, in particular relating to the inadequate age determination procedure, delays in the appointment of guardians; and conditions in first level reception centres. It is particularly concerned at the increasing number of children going missing from reception centres, which places them at risk of labour and sexual exploitation (arts. 7, 9 and 24) (para. 26).
The State party should: Ensure that the age assessment procedure is based on safe and scientifically sound methods, taking into account the children’s mental well-being;Review the guardian assignment procedure to ensure that each unaccompanied minor is provided with a legal guardian in a timely manner; Ensure adequate conditions for unaccompanied minors in reception facilities, including their segregation from adults; Take the measures necessary to prevent the disappearance of those children, and to find the whereabouts of those already gone missing (para. 27).
Last reported: 20 and 21 October 2005
Concluding Observations adopted: 24 April 2006
No mention of children's rights in this report.
UN Committee on Economic, Social and Cultural Rights
Last reported: 25 September 2015
Concluding Observations issued: 28 October 2015
Poverty: The Committee is concerned about the increasing rate of poverty in recent years, especially in the light of the financial crisis. It is particularly concerned about the high rate of child poverty and the regional disparities in poverty prevalence as well as the increase in income inequality across the country (art. 11). (para 38)
The Committee urges the State party to step up its efforts to address poverty while paying particular attention to child poverty and poverty in the southern provinces. Among other measures, it recommends that the State party strengthen social and financial support for families in situations of vulnerability and develop human rights–based poverty-reduction programmes, taking into consideration the Committee’s statement on poverty and the International Covenant on Economic, Social and Cultural Rights (E/C.12/2001/10). (para 39)
Obesity: The Committee is concerned that one in ten adults is obese, with persons with lower levels of education being most at risk, and about the significant increase in child obesity in the State party (art. 12). (para 50)
The Committee recommends that the State party redouble its efforts to combat obesity, particularly among children. It also recommends that the State party introduce higher taxes on junk foods and sweet beverages and consider adopting strict regulations on the marketing of such products, while ensuring improved access to healthy diets. (para 51)
School dropout rate: The Committee is concerned that, despite some progress made, the school dropout rate in the last two years of high school in the State party is still higher than the European Union average, with higher prevalence in the southern provinces (art. 13). (para 52)
The Committee recommends that the State party redouble its efforts to reduce the school dropout rate in the last two years of high school, in line with the Europe 2020 strategy, which addresses the socioeconomic factors that influence decisions to leave school prematurely by prioritizing the most disadvantaged and marginalized individuals and groups. It also recommends that the State party pay particular attention to the tendency of children in the southern provinces. (para 53)
Inclusive education: The Committee is concerned at statistics provided by the State party, during the dialogue, showing the high proportion of persons with disabilities among those who have not attended school and their lower proportion among those who have obtained a high school diploma. The Committee is also concerned at the persistence of physical barriers in schools and at the absence of training targeted at teachers and other education professionals on inclusive education (arts. 13 and 14). (para 54)
The Committee recommends that the State party expedite the adoption of draft law No. 2444 on inclusive education. It also recommends that the State party take measures to ensure in practice the implementation of inclusive education for children with disabilities, such as: (a) training of all teachers (beyond special education teachers) and other education professionals; (b) individual education plans for all pupils with disabilities; (c) availability of assistive devices and support in classrooms, and of educational materials and curricula; (d) accessibility of physical school environments; (e) teaching of sign language; and (f) allocation of sufficient financial resources. (para 55)
Cultural rights: The Committee regrets the lack of information on the actual enjoyment of the rights enumerated under article 15 of the Covenant, in particular concerning article 15 (1) (b). While noting efforts to teach the Italian language to migrant children so as to facilitate their integration in the State party, the Committee is concerned about the limited efforts made to allow them to retain their mother tongue (art. 15). (para 56)
The Committee requests that the State party provide, in its next periodic report, information on the enjoyment of the right to take part in cultural life by all individuals, taking into consideration the Committee’s general comment No. 21 (2009) on the right of everyone to take part in cultural life. It also recommends that the State party increase efforts to assist second-generation migrant children and youth in retaining their mother tongue and promoting their cultural traditions. (para 57)
Last reported: 15 and 16 November 2004
Concluding Observations adopted: 28 November 2004
- Impacts of large informal economy: The Committee is concerned at the continued existence of a large informal economy in the State party which, inter alia, infringes upon the enjoyment of the economic, social and cultural rights of those employed therein, including children. (Paragraph 19)
- Impacts of lack of child care services: The Committee is concerned that women with children face increased difficulties in finding and keeping a job, partly due to the lack of services for small children. The Committee strongly recommends that the State party extend the network of affordable, accessible and available childcare services. (Paragraph 23)
Inadequate educational facilities for Roma children: Reiterating its concluding observations of May 2000 (E/C.12/1/Add.43), the Committee remains concerned about the plight of Roma immigrants living in camps with poor housing, unhygienic sanitary conditions, limited employment prospects and inadequate educational facilities for their children.
The Committee urges the State party to step up its efforts to build more permanent housing settlements for the Roma immigrants and take all the necessary measures to promote their integration into local communities, offer them job opportunities and make adequate educational facilities available to their children. (Paragraphs 24 and 25)
UN Committee on the Elimination of Racial Discrimination
Last reported: 18 May 2015
Concluding observations issued: 9 December 2016
Positive Aspects: The Committee also welcomes the ratification of, or accession to, a number of international instruments by the State party, including Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 4 February 2016 (para 5).
Roma, Sinti and Camminanti communities: The Committee is particularly concerned about the continued practice of forced evictions of Roma, Sinti and Camminanti communities throughout the State party which has a particularly negative impact on children to remain in schools (para 21).
The Committee recommends that the State party prioritize efforts to ensure that Roma, Sinti and Camminanti children are able to access quality education that is culturally and linguistically appropriate at schools that are geographically accessible, and where they suffer no form of segregated schooling or negative treatment by staff or students (para 22).
People of African descent: The Committee expresses concern that people of African descent from all walks of life, including politicians, football players and children in schools, who may be citizens or non-citizens, continue to face discrimination in many forms, such as violence, hate speech, harassment and stigmatization. It takes note of the intention expressed by the State party delegation to organize an event in 2017 to raise awareness among the general public about the situation of people of African descent in the State party, but remains concerned at the lack of concrete and comprehensive measures taken to eliminate all forms of discrimination against these communities (para 25).
The Committee recommends that the State party ensure that there are teachers of African descent in schools, and that all teachers and others working in educational institutions receive adequate training on the principles of equality and non-discrimination and on ways to deal with instances of racial discrimination in schools (para 26).
Last reported: 5 March 2012
Concluding Observations issued: 4 April 2012.
Discrimination: The Committee takes note of the statistical data provided on foreigners and on UNAR’s activities but regrets the absence in the report of data on the ethnic composition of the population. It is also extremely concerned about the census which took place further to the state of emergency imposed in May 2008 and the “Nomad Emergency Decree” (NED) regarding the settlements of nomad communities inItaly. It is concerned by the information that this census, in the course of which fingerprints and photographs of camps’ residents Roma and Sinti including children have been collected. The Committee notes the declaration made by the State party that data has since been destroyed. Para 11.
The Committee invites the State party to compile disaggregated data on the ethnic composition of its population. In view of its general recommendation No. 8 (1990) on identification with a particular racial or ethnic group, the Committee wishes to recall that the ways in which individuals are identified as members of racial or ethnic groups should be established on a voluntary and anonymous basis, and on the basis of self-identification by the individuals concerned. The Committee also recommends that the State party refrain from conducting emergency censuses targeted at minority groups.
The Committee strongly recommends that the State party inform the communities concerned that data from the previous emergency census have been destroyed.
Education and discrimination:The Committee expresses its concern that children of Roma and Sinti communities continue to experience discrimination with regard to access to education. It is concerned by the information that forced evictions and inadequate housing conditions have negatively affected school enrolment and attendance of children from these communities. The Committee is also concerned about the high school dropout rate and the low number of Roma and Sinti children enrolled in secondary schools and about the fact that very few of them progress to higher education (art. 5). Para 20.
The Committee encourages the State party to intensify its efforts to ensure effective access to education by Roma and Sinti children and other vulnerable groups. The Committee recommends that the State party take all necessary measures to facilitate the inclusion of all Roma and Sinti children in the school system. In this regard, the Committee encourages the State party to avoid implementing policies which may indirectly discriminate against these groups or affect their school attendance. It recommends that the State party ensure that the administrative measure limiting to 30 per cent the number of children with non-Italian nationality in each class does not negatively affect the enrolment in education of children from the most vulnerable groups.
The Committee encourages the State party to recruit school personnel from among members of Roma and Sinti communities, to promote intercultural education in schools and to provide training to school staff and awareness-raising activities for Roma and Sinti parents.
Stateless children: The Committee notes that a number of Roma who came to Italy following the dismantling of the former Yugoslavia have lived in Italy for many years without citizenship, a situation which also affects their children The Committee notes that citizenship for children born in Italy whose parents are foreigners is still to be granted (art. 5). Para 24.
The Committee recommends that the State party take measures to facilitate access to citizenship for stateless Roma, Sinti and non-citizens who have lived in Italy for many years, and to pay due attention to and remove existing barriers. Bearing in mind the 1954 Convention relating to the status of Stateless Persons and 1961 Convention on the Reduction of Statelessness, the Committee also recommends that the State party take measures to reduce statelessness, in particular statelessness among Roma and Sinti children and children born in Italy.
Last reported: 20 and 21 February 2008
Concluding Observations adopted: 16 May 2008
Education for Roma children: The Committee welcomes the memorandum of understanding for the protection of "gypsy, nomadic and camminanti" minors signed by the association for nomads and the Ministry of Education in June 2005. (Paragraph 6)
While welcoming the initiatives taken by the Ministry of Education at both the central and local levels to ensure the integration and effective schooling of Roma children and to combat school failure and dropout, the Committee remains concerned about the low rate of school attendance by Roma children (article 5 (e) (v)).
The Committee once again draws the attention of the State party to its general recommendation 27 and recommends that the State party strengthen its efforts to support the inclusion in the school system of all children of Roma origin and to address the causes of dropout rates, including any cases of early marriage, in particular of Roma girls, and, for these purposes, to cooperate actively with Roma parents, associations and local communities. It further recommends that it proceed to improve dialogue and communication between teaching personnel and Roma children, Roma communities and parents, including more frequent use of teaching assistants chosen from among the Roma. (Paragraph 20)
- Ratification of international instruments: The Committee encourages the State party to consider ratifying the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (General Assembly resolution 45/158, annex, of 18 December 1990).
UN Committee on the Elimination of Discrimination against Women
Last reported: 11 January 2016
Concluding observations issued: 21 July 2017
The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international and regional instruments: The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2016. (para. 7, a).
Principal areas of concern and recommendations
Refugee and asylum-seeking women
The Committee commends the State party for its remarkable and sustained efforts to rescue at sea, receive, host and provide protection and assistance to high numbers of persons fleeing armed conflict or persecution. It also welcomes the inclusion of gender-based persecution as a ground for recognition of refugee status. The Committee is, however, concerned that the support from EU Member States has been insufficient to alleviate the efforts of the State party and the host community. It is further concerned about:
The lack of a comprehensive and harmonized framework, including clear procedures, guidelines and standards, for the identification of and assistance to individuals with specific needs and vulnerabilities, especially refugee and asylum-seeking women and girls (para.15).
The Committee recommends, in line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, that the State party: put in place gender-appropriate, culturally and age-sensitive individual screening and assessment procedures to ensure the systematic and early identification of refugees and asylum-seekers, in particular women and girls victims or at risk of gender-based violence; increase the number of available places in reception centres and ensure adequate reception standards for refugees and asylum-seekers, with particular attention to the needs of women and girls; strictly observe the principle of non-refoulement for all women and girls in need of international protection, and amend expulsion procedures to ensure that no individual is expelled without an individualized risk assessment (para. 16).
The Committee notes the State party’s efforts to combat discriminatory gender stereotypes by promoting the sharing of household duties and parenting responsibilities and to address the stereotyped portrayal of women in the media by strengthening the role of the Institute of Advertising Self-Regulation. However, it notes with concern: the limited measures taken to eliminate stereotypes in the education system, including in school curricula and textbooks; the exposure of migrant, refugee, asylum-seeking, Roma, Sinti and Camminanti women and girls to a heightened risk of discrimination and xenophobic acts, which is compounded by the current social and political context (para. 25).
The Committee recommends that the State party put in place a comprehensive strategy with proactive and sustained measures to eliminate and modify patriarchal attitude and gender stereotypes, with particular focus on women belonging to minority groups who are often the target of hate speech and racially motivated violence, by revising textbooks and curricula and conducting awareness-raising campaigns directed at women and men generally and at media and advertising agencies specifically (para. 26).
The Committee is concerned about the disproportionate impact of statelessness on women and children due to various factors, affecting the situation of de facto stateless persons, including reports of a large number of stateless Roma children. It further notes with concern: that the nationality law applies only to children whose parents are officially recognized as stateless, a status that may be particularly cumbersome for women to obtain; the non-retroactive application of the law, so that formal recognition of the parents as stateless after the birth of the child does not mean that the child will receive Italian nationality, which could affect children of single mothers disproportionately (para. 33).
The Committee recommends that the State party expedite the adoption of draft law No. 2148 and ensure that it: remove procedural obstacles and difficulties and improve procedures in relation to the identification and protection of stateless persons, especially women and girls; facilitate access to nationality for stateless persons, with a particular focus on women and children; enable children of non-formally recognized stateless persons, including single mothers, to obtain Italian nationality; ensure the retroactive application of the law on nationality so that children whose parents have been formally recognized as stateless after their birth can obtain Italian nationality (para. 34).
The Committee welcomes the high enrolment rate of women and girls at all levels of education, in particular tertiary education. It also welcomes the measures taken to ensure that gender equality permeates all levels of education and to overcome gender-stereotyped educational and vocational choices. However, the Committee is concerned about: the lack of mandatory, comprehensive and age-appropriate education in schools on sexual and reproductive health and rights; the low level of school attendance and the high dropout rates among Roma, Sinti and Camminanti girls, and the absence of a gender impact assessment of the implementation of the National Strategy for the Inclusion of Roma, Sinti and Camminanti communities (2012-2020) (para. 35).
The Committee recommends that the State party: address discriminatory stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study, such as mathematics, information technology and science; ensure that all gender stereotypes are eliminated from textbooks and that school curricula, academic programmes and professional training for teachers cover women’s rights and gender equality; finalize and implement the National Guidelines for Education to Affectivity, Sexuality and Reproductive Health in Schools, in line with the WHO Guidelines on Sexual Education, in order to provide mandatory, comprehensive and age-appropriate education on sexual and reproductive health and rights to girls and boys as part of the regular school curriculum, including on responsible sexual behaviour and prevention of early pregnancy and sexually transmitted diseases; take effective measures to retain Roma girls in school and increase their enrolment through temporary special measures such as scholarships and free provision of textbooks, and conduct a gender impact assessment of the implementation of the National Strategy for the Inclusion of Roma, Sinti and Camminanti communities (2012-2020) (para. 36).
The Committee is concerned about the fact that intersex children are subjected to irreversible surgery for intersex variation and other medical treatments without their free and informed consent (para.41).
The Committee, recalling its general recommendation No. 24 (1999) on women and health, recommends that the State party: increase the budget allocated to the health sector in order to ensure the full realization of the right to health, including sexual and reproductive health and rights, for all women and girls; develop and implement a rights-based health-care protocol for intersex children, ensuring that children and their parents are appropriately informed of all options; that children are involved, to the greatest extent possible, in decision-making about medical interventions and that their choices are respected; and that no child is subjected to unnecessary surgery or treatment (para. 42).
Women with disabilities
The Committee welcomes the adoption of the National Disability Action Plan and Legislative Decree No. 66/2017 on provisions for the promotion of school inclusion of students with disabilities, as well as the establishment of the Centre of Information on Persons with Disabilities. However, the Committee is concerned about:
The discrimination faced by women and girls with disabilities in accessing education, employment and health care, and their exclusion from public and social life and from decision-making processes (para. 47).
The Committee recommends that the State party:
Implement awareness-raising campaigns and provide capacity-building for State officials on the rights and special needs of women and girls with disabilities (para.48).
Women in detention
The Committee welcomes the adoption of Law No. 62/2011, which provides for the protection of the relationship between mothers in prison and their minor children. The Committee remains concerned about: the lack of alternatives to detention, especially for pregnant women and mothers with children (para. 49).
The Committee recalls the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) (General Assembly resolution 65/229, annex) and recommends that the State party: provide alternatives to detention, especially for pregnant women and mothers with young children, taking into account the best interest of the child (para. 50).
Concluding Observations published: 2 August 2011
- Data collection: The Committee regrets the descriptive nature of the information provided, the patchy information given on the situation of women and girls throughout the territory of Italy and the sporadic reference to the concluding observations adopted by the Committee upon consideration of the State party's previous report . (Paragraph 2)
Stereotypes and harmful practices: The Committee remains deeply concerned about the portrayal of women as sex objects and the stereotyped roles and responsibilities of women and men in the family and in society. Such stereotyping, including in public statements made by politicians, undermines women's social status, as reflected in women's disadvantaged position in a number of areas, including in the labour market and in access to political life and decision-making positions, affects women's choices in their studies and professions and generates unequal results and impacts of policies and strategies on women and men.
The Committee calls upon the State party to:
(a) Put in place a comprehensive, sustained and coordinated policy, targeted at men and women, and boys and girls, to overcome the portrayal of women as sexual objects and the stereotypes regarding their roles in society and in the family, in accordance with article 2 (f) of the Convention. Such a policy should include legal, administrative and awareness-raising measures, involve public officials and civil society and target the entire population (Paragraphs 22 and 23)
Violence against women and girls: [The Committee] remains concerned about the high prevalence of violence against women and girls and the persistence of sociocultural attitudes condoning domestic violence, as well as by the lack of data on violence against immigrant, Roma and Sinti women and girls. The Committee is further concerned about the high number of women murdered by their partner or ex-partner (femicide), which may indicate a failure of the State party's authorities to adequately protect the women victims from their partners or ex-partners.
[T]he Committee urges the State party to:
(a) Put emphasis on comprehensive measures to address violence against women in the family and in society, including through addressing the specific needs of women made vulnerable by particular circumstances, such as Roma and Sinti, migrant and older women and women with disabilities;
(b) Ensure that female victims of violence have immediate protection, including expulsion of the perpetrator from the home, a guarantee that they can stay in secure and well-funded shelters, in all parts of the country, and that they have access to free legal aid, psychosocial counselling and adequate redress, including compensation;
(c) Ensure that public officials, especially law enforcement officials and professionals in the judiciary, health care, social work and education are systematically and fully sensitised to all forms of violence against women and girls (Paragraphs 26 and 27)
Education: The Committee is concerned about the high dropout rates of Roma and Sinti girls and women from school and that they remain in a vulnerable and marginalised situation with regard to access to education.
The Committee calls on the State party to:
(a) Implement measures to decrease dropout rates among Roma and Sinti girls and to reintegrate them into the educational system;
(b) Provide information, in its next report, on concrete projects directed at the education of Roma girls and women, under the Decade of Roma Inclusion 2005-2015 (Paragraphs 34 and 35)
Child custody: The Committee noted that Act No. 54/2006 introduced shared (physical) custody of children as the preferred default in cases of separation or divorce. However, the Committee is concerned at the lack of studies of the effect of this legal change, especially in the light of comparative research that points to negative effects on children (especially small children) of forced shared custody. It is further concerned at reports of suspicion towards claims of child abuse in custody cases, based on the dubious theory of "parental alienation syndrome".
The Committee calls upon the State party to evaluate the legal change in the area of child custody through scientific studies, in order to assess its long- term effects on women and children, bearing in mind the experience accumulated in other countries on this matter. (paragraphs 50 and 51)
Discrimination and harmful practices against Roma, Sinti and migrant women and children: While noting measures taken with the aim of enhancing the integration of migrant, Roma and Sinti women into Italian society, the Committee is deeply concerned that they are subject to multiple forms of discrimination with respect to accessing education, health and employment. The Committee also remains concerned at the violence and discrimination on the grounds of sex that such women face in their own communities, such as early marriage. It also notes the prevalence of female genital mutilation among migrant women.
The Committee urges the State party to:
(b) Collect statistics on early marriages among Roma and Sinti girls;
(e) Ensure the full implementation of legislation prohibiting female genital mutilation, including the prosecution of perpetrators, with a view to eliminating this harmful practice; (Paragraphs 52 and 53)
UN Committee against Torture
Last reported: 4 and 7 May 2007
Concluding Observations adopted: 16 July 2007
Trafficking: The Committee expresses its concern at persistent reports of trafficking in women and children for sexual and other exploitative purposes and, while noting a high number of investigations, it is concerned at the lack of information on prosecutions and sentences in matters of trafficking (articles 2, 10, 12 and 16).
The State party should continue to strengthen its efforts to combat trafficking in women and children and take effective measures to prosecute and punish trafficking in persons, including by strictly applying relevant legislation, raising awareness of the problem, and including the issue in training of law enforcement personnel and other relevant groups. (Paragraph 22)
Domestic violence: The Committee remains concerned about the persistence of violence against women and children, including domestic violence. The Committee further regrets that the State party did not provide statistical data on complaints, prosecutions and sentences in matters of domestic violence (articles 1, 2, 12 and 16).
The State party should increase its efforts to prevent, combat and punish violence against women and children, including the adoption of the Bill on "Awareness raising and prevention measures as well as the repression of crimes against the individual or within the household, on account of sexual orientation, gender identity and any other reason of discrimination" (Chamber Act No. 2169) which envisages, inter alia, the systematic collection and analysis of data on violence, including domestic violence. (Paragraph 23)
Data collection: The Committee regrets the lack of comprehensive and disaggregated data on complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment by law enforcement officials, as well as on trafficking and domestic and sexual violence.
The State party should establish an effective system to gather all statistical data relevant to the monitoring of the implementation of the Convention at the national level, including complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment, trafficking and domestic and sexual violence, as well as on compensation and rehabilitation provided to the victims. (Paragraph 24)
- Ratification of international instruments: The Committee recommends that the State party consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. (Paragraph 26)
UN Committee on Migrant Workers
UN Committee on the Rights of Persons with Disabilities
Adopted by Commmittee: 1 September 2016
Published: 6 October 2016
Children with Disabilities:
The Committee is concerned that nationwide data on the number of children with disabilities aged 0-5 years, disaggregated by age, disability and sex, is insufficient in scope and detail to understand the situation of children with disabilities (para. 15).
The Committee recommends that the State party improve immediately data collection to ensure early detection, intervention and service provision for all children with disabilities, particularly for the 0-5 age group (para. 16).
The Committee is concerned that the policy framework for addressing child poverty for those with disabilities is inadequate and monitoring mechanisms are absent (para. 17).
The Committee recommends that the State party ensure that policies aimed at addressing child poverty specifically include children with disabilities through their representative organizations and that the monitoring of the implementation of those policies and on poverty levels among children with disabilities is undertaken in close consultation with children living in poverty and their families (para. 18).
Violence and Abuse:
The Committee recommends that the State party enact legislation, including monitoring mechanisms, to detect, prevent and combat violence within and outside the home of persons with disabilities, especially for women and children with disabilities, and that it produce an action plan to implement the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which specifically address women and girls with disabilities. It also recommends that the State party ensure that members of the police, judiciary, health and social services receive training, and the availability to those subjected to violence of accessible and inclusive support services, including police reporting, complaints mechanisms, shelters and other support measures (para. 44).
The Committee is concerned that children are subjected to irreversible surgery for intersex variation and other medical treatments without their free and informed consent (para. 45).
The Committee recommends that the State party ensure that no one is subjected to scientific undocumented medical or surgical treatment during infancy or childhood; that it guarantee bodily integrity, autonomy and self-determination to the children concerned; and that it provide families with intersex children with adequate counselling and support (para. 46).
The Committee is deeply concerned that administrative barriers, including inaccessible procedures, still exist to parents with disabilities to adopt children with or without disabilities (para. 53).
The Committee recommends that the State party review current laws, policies and practices relating to adoption, and provide support to parents with disabilities to retain full parental responsibility for their children (para. 54).
The Committee is concerned about the absence of data and indicators to monitor the quality of education and inclusion of students with disabilities in mainstream schools and classes; the quality of teachers’ education, including pre-service and in-service training on inclusive education; and the lack of implementation of laws, decrees and regulations on inclusive education (para. 55).
The Committee recommends that the State party implement an action plan — with sufficient resources, timelines and specific goals — aimed at monitoring the implementation of laws, decrees and regulations to improve the quality of inclusive education in classrooms, support provisions and teacher training across all levels. It also recommends that the State party be guided by article 24 of the Convention, including its general comment No. 4 (2016) on the right to inclusive education, in implementing targets 4.5 and 4 (a) of the Sustainable Development Goals, to ensure equal access to all levels of education and vocational training, and build and upgrade education facilities that are disability-sensitive and safe (para. 56).
The Committee is concerned that deaf children are not provided with sign language interpreters in school if requested (para. 57).
The Committee recommends that the State party monitor and provide highly qualified sign language interpreters for any deaf child who requests such assistance, and to desist from recommending general communication assistants as an exclusive alternative (para. 58).
The committee is concerned at the lack of availability of accessible learning materials and the lack of assistive technology in a timely manner, which hinders the quality of education in the mainstream setting (para. 59).
The committee recommends that the State party undertake, through legislative and other measures, including the newly drafted decree on education, to guarantee the availability of accessible learning materials and the provision of assistive technology in a timely manner in order to ensure inclusive and quality education in the mainstream setting (para. 60).
UN Committee on Enforced Disappearance