Submitted by crinadmin on
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: ___________________________________________________________________ Domestic violence, particularly affecting women and children UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee ... recommends that the State party ensure, through adequate legal provisions and regulations, that all children victims and or witnesses of crimes e.g. children victims of abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking and witnesses of such crimes are provided with the protection required by the Convention and to take fully into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22 July 2005). (Paragraph 11) UN Human Rights Committee The Committee expresses concern at the prevalence of violence against women, and that the Domestic Violence Act does not encourage women to report incidents of violence against them. The Committee also expresses concern at the increased number of children who die as a result of domestic violence. However, the Committee notes the enactment of the Domestic Violence Act of 2009 (arts. 3 and 7). The State party should adopt a comprehensive approach to prevent and address violence, in particular domestic violence, against women in all its forms and manifestations including through awareness-raising on its harmful effects. In this regard, the State party should review the Domestic Violence Act to ensure that it encourages female victims of violence to report any incidents to law enforcement authorities. The State party should ensure that cases of violence against women are thoroughly investigated, that the perpetrators are prosecuted,A - 63. To further strengthen law enforcement and the judicial system in the effort to address impunity and prevent trafficking and domestic violence, as well as the sexual abuse of women and girls (Malaysia); and if convicted, punished with appropriate sanctions, and that the victims are provided adequate reparations. (Paragraph 10) UN Committee on Economic, Social and Cultural Rights The Committee is alarmed at the high level of violence against women and children in the State party. The Committee is concerned about impunity related domestic violence. Furthermore, the Committee is concerned that information provided during the dialogue indicates that the law does not sufficiently guarantee protection and rehabilitation of victims and that legal proceedings are initiated only upon formal complaints by victims. The Committee urges that the State party take measures to ensure effective enforcement of the Domestic Violence Law and adopt necessary amendments to ensure the criminalisation of domestic violence, the prosecution of offenders and the protection and rehabilitation of victims. The Committee also calls on the State party to conduct education and training programmes for judicial authorities and law enforcement officials on women’s and children’s rights, as well as awareness raising campaigns to sensitise the general public about domestic violence as a human rights violation. (art. 10, 3) (Paragraph 25) UN Special Rapporteur on Torture With regard to violence against women, the Special Rapporteur is concerned about the inadequate prevention and protection afforded by the State to victims of domestic violence and about the lack of awareness of this problem. Children are extremely vulnerable to corporal punishment and need strengthened protection. (Paragraph 78) UN Special Rapporteur on Independence of Judges and Lawyers The Minister of Interior started to implement a special national programme on combating violence against women into the police system at the district level. At the time of the visit, the Ministry was to table in Parliament a bill on domestic violence. It appears that this issue was never taken seriously by the police and the judiciary and local human rights institutions and organisations were thus hopeful that this legal development would generate positive changes. (Paragraph 21) Universal Periodic Review (February 2009) A - 63. To further strengthen law enforcement and the judicial system in the effort to address impunity and prevent trafficking and domestic violence, as well as the sexual abuse of women and girls (Malaysia); (accepted) ___________________________________________________________________ High rate of teenage pregnancy and inadequate adolescent health education UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee notes that some efforts are being undertaken to promote healthy lifestyles through the “Youth well-being” programme. However, the Committee remains concerned at the high incidence of drug abuse and the widespread alcoholism and tobacco use. Furthermore, the Committee remains concerned about the prevalence of teenage pregnancy and the high abortion rate. The Committee is also concerned at the shortage of mental health services for children. The Committee recommends that the State party: (a) Take all necessary measures to fight substance abuse, and strengthen the programme of health education in schools; (b) Take all necessary measures, including by providing information and education, with respect to adolescent reproductive health and strengthen measures aimed at the prevention of unwanted pregnancies through, inter alia, making a comprehensive range of contraceptives widely available and increasing knowledge about family planning; (c) Develop effective outpatient and day care mental health services for children with mental health problems and their families, including programmes directed to the prevention of suicide and violence; (d) Undertake a comprehensive and multidisciplinary study to assess the scope of adolescent health problems including mental health issues; and (e) Take into account the General Comment No. 4 on adolescent health and development in the context of the Convention on the Rights of the Child (CRC/GC/2003/4) of 2003. (Paragraphs 51 and 52) UN Human Rights Committee The Committee expresses concern at the prevalence of teenage pregnancies and clandestine abortions that lead to deaths. The Committee regrets the lack of specific programmes designed to prevent teenage pregnancy and the issues arising from recourse to illegal abortions (arts. 6 and 7). The State party should adopt measures to help girls avoid unwanted pregnancies and recourse to illegal abortions that could put their lives at risk. The State party should take appropriate measures to raise awareness and ensure that reproductive health services and facilities are readily available and accessible in the State party. (Paragraph 11) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that sexual and reproductive health services, particularly for teenagers, are not available. The Committee further notes with concern the lack of comprehensive sexual and reproductive health education programmes for girls and for boys in the national school curricula, providing them with objective information in accordance with medical and education standards. The Committee recommends that the State party include sexual and reproductive health education programmes in schools and provide a broad range of sexual and reproductive health care services through its primary health care system. The Committee also requests that the State party provide in its next periodic report information on sexual and reproductive heath, including the practice of abortion. (art. 12, 10) (Paragraph 33) UN Committee on the Elimination of Discrimination against Women The Committee is concerned about limited access to adequate health-care services for women, particularly women in rural areas. It is concerned about the negative health implications for women using intrauterine devices, which seem to be the predominant method of contraception, without proper medical checkup, and that a comprehensive range of contraceptives is not widely available. The Committee is concerned about the prevalence of teenage pregnancy, and the still high abortion rate which indicates that abortion may be used as a method of contraception. The Committee urges the State party to take concrete measures to enhance and monitor affordability and access to health-care services for women, including in rural areas, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. It requests the State party to strengthen measures aimed at the prevention of unwanted pregnancies, especially among teenagers. Such measures should include monitoring any negative effects of the use of intrauterine devices, making a comprehensive range of contraceptives available more widely and without any restrictions and increasing knowledge about family planning. The Committee requests the State party to include in its next report further information on women’s health and on the impact of measures it has taken to improve women’s health and access to health-care services, including family planning. (Paragraphs 25 and 26) ___________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee appreciates that corporal punishment is unlawful in schools, the penal system and alternative care. However, the Committee regrets that there is no specific legal prohibition of corporal punishment in foster care, military schools, kinship care and the workplace and that despite legal prohibitions for some areas the de facto situation is that children are still victims of corporal punishment. The Committee urges the State party, while taking into account its General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), to: (a) Explicitly prohibit in law corporal punishment of children in all settings; (b) Undertake public and professional awareness raising; (c) Promote non-violent, positive, participatory methods of childrearing and education and of knowledge among children of their right to protection from all forms of corporal punishment; and (d) Seek assistance from, among others, UNICEF and WHO. (Paragraphs 36 and 37) UN Human Rights Committee While taking note of the existence of the Child Rights Law of 2002 and the prohibition of corporal punishment in schools and the penal system, the Committee expresses concern at the permissibility of corporal punishment in the home and foster care establishments where it continues to be accepted and practised as a form of discipline by parents and guardians (arts. 7 and 24). The State party should take practical steps to put an end to corporal punishment in schools and institutions. It should also encourage non-violent forms of discipline as alternatives to corporal punishment in family settings and conduct public information campaigns to raise awareness about its harmful effects. (Paragraph 15) UN Special Rapporteur on Torture The Special Rapporteur visited an educational colony in Almaty (LA-155/6), the physical conditions of which seemed to be good (taking into account the extensive preparations made before the visit). The children attended school and leisure activities, and had no major complaints regarding the food or health care. The Special Rapporteur did, however, receive allegations of corporal punishment of minors in the colony, notably of severe, regular beatings with fists and truncheons by guards. The Special Rapporteur is also very concerned about the extensive restrictions on family visits (the norm was three two- day visits and three short-term visits a year). Such restrictive policies in relation to minors are definitely in contravention of the key requirement that their best interest should be placed at the centre of all measures taken by the State. (Paragraph 42) The Special Rapporteur also inspected a centre for temporary isolation, adaptation and rehabilitation in Karaganda. These institutions, under the responsibility of the Ministry of the Interior are designed to carry out a variety of tasks, including detaining children younger than 16 years of age suspected of having committed minor offences, housing children who have lost their parents or legal guardians, or have been picked up in the streets.4 Placement of child suspects may be ordered by the Commission on Minors, an administrative body composed of representatives of the police, the department of education, the department of health, local government and civil society. The Special Rapporteur regrets that the children had been intimidated and instructed on what they should say during his visit. He is concerned that, in the centre, there were children aged from 3 to 18 years of age held together. Most children are shaved upon arrival. In addition, they seemed not to be allowed much outdoor exercise and, although there was a garden around the centre, they only used a small indoor courtyard, and no toys were provided. The Special Rapporteur was very concerned at reliable claims that staff routinely subjected the children to corporal punishment if they did not obey orders. Reports indicate that educators regularly hit the children on the head with a bunch of keys or a thin wooden chair plate and punched the upper part of their bodies. Also the fact that children can be confined to the centres for 30 days (plus three weeks in the case of an outbreak of disease) on the basis of a prosecutorial decision is not in compliance with international standards. Although there appear to be some internal inspections and some centre officials in other towns appear to have been sanctioned for using force against the children they guard, the Special Rapporteur deplores the lack of transparency of such proceedings and of all independent monitoring. (Paragraph 43) With regard to violence against women, the Special Rapporteur is concerned about the inadequate prevention and protection afforded by the State to victims of domestic violence and about the lack of awareness of this problem. Children are extremely vulnerable to corporal punishment and need strengthened protection. (Paragraph 78) The Special Rapporteur recommends that the appropriate bodies take the following measures: (a) Explicitly prohibit by law corporal punishment of children in all settings (Paragraph 84) ___________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee welcomes the efforts undertaken by the State party to combat trafficking such as the implementation of the plan of action to combat and prevent offences involving trafficking in persons for 2004-2005 and its subsequent plan for 2006-2008, as well as the ongoing awareness-raising campaigns. Despite these efforts the Committee remains concerned at the prevalence of national and cross-border trafficking. The Committee encourages the State party to: (a) Continue and further strengthen its awareness-raising campaigns including through education and the media; (b) Increase protection provided to victims of trafficking, including prevention, social reintegration, access to health care and psychological assistance and free access to legal aid; (c) Enter into bilateral and multilateral agreements for the prevention of trafficking and for the rehabilitation and repatriation of trafficked children; and (d) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2000) and the Council of Europe Convention on Action against Trafficking in Human Beings (2005). UN Human Rights Committee Last reported: 14 and 15 July 2011 Concluding Observations issued: 19 August 2011 The Committee regrets the increase in the number of reported crimes related to trafficking in human beings. The Committee also regrets the increase in the number of children employed in cotton and tobacco fields. The Committee notes the State party’s efforts to combat trafficking in human beings, such as the establishment of the Interdepartmental Commission against human trafficking (art. 8). The State party should strengthen its efforts to combat trafficking in human beings by ensuring that efforts are directed towards establishing and dealing with the root causes of trafficking. Furthermore, the State party should ensure that children are protected from the harmful effects of child labour, particularly those employed in cotton and tobacco fields. In this regard, the State party should ensure that all cases of human trafficking and use of child labour are effectively investigated, that perpetrators are prosecuted and punished with appropriate sanctions, and that the victims are adequately compensated. (Paragraph 16) UN Committee on Economic, Social and Cultural Rights The Committee notes with deep concern that trafficking in women and children remains a serious problem despite efforts undertaken by the State party. The Committee regrets the absence of statistics on the extent of the problem. The Committee urges the State party to intensify its efforts to combat trafficking in persons for sexual exploitation and labour purposes and to vigorously implement its national action plan to combat trafficking. The Committee also urges the State party to provide protection and rehabilitation services to victims and to prosecute offenders. The Committee requests that the State party include in its next periodic report detailed information on the extent of trafficking in persons into, within and out of the State party’s territory, as well as statistics, on an annual basis, and information on prosecution cases and assistance extended to victims. The Committee also requests the State party to provide information on the outcomes of measures undertaken to combat trafficking and on the difficulties encountered. (art. 10) (Paragraph 26) UN Committee on the Elimination of Racial Discrimination While acknowledging that the State party has developed a governmental work plan to combat human trafficking, the Committee notes with concern that there is ongoing trafficking of women and children, particularly affecting non-citizens and ethnic minorities. The Committee recommends that the State party include detailed information in its next periodic report on human trafficking and that it reinforce its ongoing efforts to prevent and combat trafficking and provide support and assistance to victims. Furthermore, the Committee urges the State party to make determined efforts to prosecute the perpetrators and underlines the paramount importance of prompt and impartial investigations. (Paragraph 16) UN Committee on the Elimination of Discrimination against Women While noting the legislative and other measures taken to combat human trafficking, including the amendments to the Criminal Code and other laws, the adoption of the 2006-2008 government action plan to combat and prevent crimes linked to trafficking in persons and the establishment of the Interdepartmental Commission for Suppressing the Unlawful Removal, Import or Traffic in Persons, the Committee remains concerned about the persistence of trafficking in women and girls in Kazakhstan. The Committee calls upon the State party to ensure that legislation on trafficking is fully enforced and that the action plan and other measures to combat human trafficking are fully implemented and their impact regularly monitored and evaluated. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. It also recommends that the State party address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. The Committee requests the State party to provide, in its next report, comprehensive information and data on trafficking in women and girls and on exploitation of prostitution, and on the measures taken to prevent and combat such activities, including their impact. (Paragraph 17 and 18) UN Special Rapporteur on Independence of Judges and Lawyers Criminalisation of violence against and trafficking of women and girls. Kazakhstan is a party to CEDAW and UNIFEM is actively working with the National Commission on Family Issues to ensure a gender-neutral legislation that upholds the principles of gender-equality. In May 2003, Parliament approved amendments to the Criminal Code to specify punishments for trafficking in human beings, especially women. The Minister of Interior started to implement a special national programme on combating violence against women into the police system at the district level. At the time of the visit, the Ministry was to table in Parliament a bill on domestic violence. It appears that this issue was never taken seriously by the police and the judiciary and local human rights institutions and organisations were thus hopeful that this legal development would generate positive changes. (Paragraph 21) Universal Periodic Review (February 2009) A - 63. To further strengthen law enforcement and the judicial system in the effort to address impunity and prevent trafficking and domestic violence, as well as the sexual abuse of women and girls (Malaysia); (accepted) ___________________________________________________________________ Discrimination in access to services, particularly education UN Committee on the Rights of the Child (Concluding Observations, June 2009) The Committee appreciates the importance that the State party gives to education through, inter alia, the increase of budget allocation, the adoption of the State programme for the development of education for 2005-2010, the expansion of compulsory education to grades 11 and 12 of secondary school, the efforts undertaken to increase the enrolment in kindergarten and other early childhood facilities and the introduction of a compulsory pre-school year. However, the Committee is concerned that education for many children is not free of costs, that a small, but significant percentage of children is not enrolled in schools or leave secondary school before completion. Furthermore, the Committee is concerned that the quality of education is not satisfactory, in particular in rural and remote areas. The Committee recommends that the State party: (a) Ensure that the compulsory education is free of costs and accessible for all children, by undertaking targeted programmes addressing children living in rural and remote areas, children with special needs, refugee children, children of migrant workers, and children with HIV/AIDS; (b) Continue its efforts to increase the enrolment in early childhood facilities, with particular regard to the groups of children mentioned under (a); (c) Ensure that preparatory education for pre-primary school children aged five to six is provided free of cost; (d) Improve the quality of education on all levels of the educational system by, inter alia, building new schools and providing better equipment of all schools, introducing interactive teaching and learning methods, by teacher training and extending in-service training of teachers in order to actively involve them in the innovation and reform processes; and (e) Seek technical assistance from UNICEF and UNESCO in this regard. (Paragraphs 57 and 58) The Committee regrets that no sufficient effort has been made to effectively improve the situation of refugee children. In particular, the Committee is concerned that many refugee children live in severe economic hardship and their access to education and health services remains limited. The Committee is further concerned that refugee children, if needed, face difficulties to receive appropriate treatment and rehabilitation. The Committee reiterates its previous recommendations and urges the State party to: (a) Adopt a national law on the protection of and assistance to refugee children in conformity with article 22 of the Convention and other international standards; (b) Make every effort to ensure that refugee children are able to benefit fully from the Convention’s principles and provisions; (c) Ensure that all refugee children are registered; (d) Accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; and (e) Strengthen its cooperation with UNHCR. UN Committee on Economic, Social and Cultural Rights The Committee is alarmed about the systemic discrimination against migrants, refugees and asylum seekers with respect to their economic, social and cultural rights. The Committee is particularly concerned that these groups are not eligible for social assistance from the State party and that they face obstacles for securing legal means of subsistence. The Committee urges the State party to remove all barriers to the effective exercise of economic, social and cultural rights by migrants, refugees and asylum seekers, including in the field of social assistance, education, employment, health services, and family protection. (art. 2.2) (Paragraph 14) UN Committee on the Elimination of Racial Discrimination The Committee notes the absence of legislation regarding the status of languages and that little information has been provided by the State party on the participation of minorities in the elaboration of cultural and educational policies. The Committee is concerned that minority languages are not used in the educational system to an extent commensurate to the proportion of the different ethnic communities represented in the student body. The Committee recommends that the State party adopt legislation on the status of languages and that it include detailed information in its next periodic report regarding the use of ethnic minority languages in education and how ethnic minorities participate in the elaboration of cultural and educational policies. (Paragraph 12) Independent Expert on Minority Issues The independent expert sought information about small minorities on the extreme margins of society. The Roma and Luli (or Lyuli) are generally described as nomadic and with livelihoods relying on informal trading, music, scavenging and begging. They may be de-facto stateless persons and are not represented in the Assembly of the People or other State institutions. Little information is available regarding their access to health care, education, housing and the effects of poverty. Members of these minorities often lack identification documents required to secure services; women and children may be particularly vulnerable. According to the Government, in January 2008, there were 5,153 Roma in Kazakhstan, and measures were being introduced to prevent acts of discrimination against them, while no complaints or representations from the Roma had been recorded. Roma representatives registered the collective association Tsygan (gypsy), which works to promote the culture and traditions of Roma people. (Paragraph 41) Groups, including Roma and Luli (or Lyuli), were generally described as nomadic or itinerant and with livelihoods solely in the informal sector. Such groups are not represented in the Assembly of the People or other State institutions. They often lack identification documents required to secure services and may be vulnerable with regard to access to health care, education, housing and the effects of extreme poverty. Women and children belonging to these groups may be particularly at risk. The Government is urged to constructively engage with such communities in order to assess their needs and address discrimination against them. Sustainable solutions should be developed to improve access to their rights. (Paragraph 92) Article 9, paragraph 3, of the Law on Education also establishes the right to education in one's native language. The Government highlights general secondary education in pupils' native languages or teaching native languages as subjects; however, it also acknowledges difficulties in the organisation of multicultural education arising from the complicated mosaic of ethnic cultures. A total of 65 schools have Uzbek as the language of instruction and 75 schools have mixed languages of instruction allowing 79,426 to be enrolled in Uzbek-language education. There are 14 Uighur and 50 mixed language schools in the Almaty region, enabling 14,955 students to be enrolled in Uighur-language education. Two Tajik schools and 10 mixed language schools teach 3,503 students in Tajik in the South Kazakhstan region. Fifteen native languages are studied as separate subjects in 126 general education schools; 76 general education schools provide optional language subjects or "study circles" in languages including German, Korean, Tartar, Polish and Ukrainian. (Paragraph 43) The Government points out that the right to study native languages is realised by involving cultural associations in the implementation of the State's language policy. A total of 79 Sunday schools established by national and cultural unions for children and adults receive support from the Ministry of Education and regional budgets for the teaching of native languages, including German, Korean, Hebrew, Tartar and Polish. Three "national revival" schools have also been established. There are plans for Sunday schools to provide courses in Kazakh. Members of over 80 nationalities are enrolled in institutes of higher education. At the Abaya National Teacher Training University, courses are taught in Uighur, Turkish, Azerbaijani, Korean, Chinese and German. (Paragraph 44) Spokespersons of minority communities expressed concern that greater attention and resources should be given to developing and maintaining the system of minority schools. A decline in teaching standards, even with respect to the teaching of Kazakh and Russian languages in minority schools, and a shortage of adequately qualified teaching staff are increasingly problematic. Parents often regard minority schools as inferior educational alternatives that impede their children's competitiveness for university entrance and employment. This has resulted in a marked decline in students attending minority schools. (Paragraph 48) A meeting for minority women revealed their desire for equality of access to education and education outcomes to be improved for girls from minority communities. They noted that, especially in traditional rural communities, greater priority was given to the education of boys. Traditional gender roles were more likely to be preserved, thus restricting the opportunities for girls to pursue education. The Government notes that in December 2009 the Law on Equal Rights and Equal Opportunities for Women and Men was adopted with the aim of preventing discrimination on the grounds of sex. (Paragraph 50) Inequality of access to university for minority students was a common concern. University education is provided in Kazakh and Russian only, and the national testing system for high school students — the university entrance examination — is not available in minority languages. Consequently, minority students must first pass a graduation exam and then sit additional university entrance exams in Russian or Kazakh, which some struggle to pass owing to their poor language proficiency. Although an alternative "dissertation channel" exists for university entrance, minority representatives stated their desire for a long-term solution that ensures that language issues and difficulties faced by minority students are more thoroughly taken into account in the mainstream testing process. (Paragraph 51) While welcoming the provision and support of minority language schools, the independent expert requests the Government to take action to ensure the highest quality in non-Russian language schools, including minority language schools and Kazakh schools; guarantee adequate funding and resources, particularly for schools using languages of smaller ethnic groups; ensure sufficient provision of minority language textbooks; ensure that all textbooks include appropriate consideration of the cultures, traditions and history of minorities and their contributions to Kazakh society; and ensure equality of access to university education for students from all groups. The Government is commended for supporting the provision of informal structures, such as Sunday schools, where circumstances do not allow for the provision of permanent, full-time minority schools. Most important is that all schools prepare all groups for full inclusion in every aspect of society. Particular measures should be taken to ensure that minority girls do not face barriers to equality in access to education and equal education outcomes. (Paragraph 87) Universal Periodic Review (February 2009) A - 91. To increase the number of schools providing education in minority languages, especially in the regions with concentrated minority populations (Ukraine); (accepted) ___________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2007) he Committee welcomes the fact that the State party’s legislation restricts child labour and provides for criminal prosecution of physical and legal persons for involving children in the worst forms of child labour. However, the Committee is concerned at the still large number of socially vulnerable children engaged in labour as, inter alia, within the tobacco and cotton industry and as domestic servants, and at the lack of information and adequately disaggregated data on the situation of child labour and economic exploitation of children within the State party. The Committee recommends that the State party: (a) Introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation; (b) Undertake a comprehensive study, by taking into account the views of working children, to assess the situation of child labour, in particular within the informal sector, work on the streets and domestic work, in order to strengthen awareness, prevention and assistance programmes; (c) Take measures to ensure effective implementation of the ILO Conventions No. 138 and No. 182, which the State party has ratified; and (d) Seek technical cooperation from ILO and UNICEF. (Paragraphs 63 and 64) UN Human Rights Committee The State party should strengthen its efforts to combat trafficking in human beings by ensuring that efforts are directed towards establishing and dealing with the root causes of trafficking. Furthermore, the State party should ensure that children are protected from the harmful effects of child labour, particularly those employed in cotton and tobacco fields. In this regard, the State party should ensure that all cases of human trafficking and use of child labour are effectively investigated, that perpetrators are prosecuted and punished with appropriate sanctions, and that the victims are adequately compensated. (Paragraph 16) UN Committee on Economic, Social and Cultural Rights The Committee notes with deep concern that trafficking in women and children remains a serious problem despite efforts undertaken by the State party. The Committee regrets the absence of statistics on the extent of the problem. The Committee urges the State party to intensify its efforts to combat trafficking in persons for sexual exploitation and labour purposes and to vigorously implement its national action plan to combat trafficking. The Committee also urges the State party to provide protection and rehabilitation services to victims and to prosecute offenders. The Committee requests that the State party include in its next periodic report detailed information on the extent of trafficking in persons into, within and out of the State party’s territory, as well as statistics, on an annual basis, and information on prosecution cases and assistance extended to victims. The Committee also requests the State party to provide information on the outcomes of measures undertaken to combat trafficking and on the difficulties encountered. (art. 10) (Paragraph 26). The Committee is concerned about the persistence of child labour in the State party, including by children of migrant workers in tobacco and cotton farms. The Committee is also concerned that these children do not attend school during farming periods. The Committee calls on the State party to take urgent measures to ensure protection of all children against all forms of exploitation and undertake effective measures to enable them to fully enjoy their right to education. The Committee requests that the State party in its next periodic report include detailed information on the problem of child labour, measures undertaken to eradicate child labour, and progress achieved in this regard. The Committee also requests detailed information regarding street children, including statistical data, on an annual basis, disaggregated by age and gender. (art. 10.3) (Paragraph 27) Universal Periodic Review (February 2009) A - 28. To strengthen measures aimed at eliminating child labour; to protect girls, children with disabilities, children in institutions and children born out of wedlock against discrimination; and to increase the attention accorded to protecting the rights of the child in the area of juvenile justice (Czech Republic); (accepted) A - 81. To continue efforts to combat child labour (United States of America); (accepted) ___________________________________________________________________ Lack of a formal juvenile justice system and ill-treatment of children in the justice system UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee notes the existence of the reform process, albeit slow, within the system of administration of juvenile justice, which shall amend the Penal Code and the Procedural Penal Code. However, the Committee remains concerned that little progress has been made to implement the previous concluding observations (CRC/C/15/Add.213) in the area of juvenile justice, in particular, the lack of specialised judges and juvenile courts throughout Kazakhstan and the low quality of the current system of detention. The Committee recommends that the State party take prompt measures to fully bring the system of juvenile justice in line with the Convention, in particular with article 37(b), article 40 and 39, as well as with other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System and the recommendations of the Committee’s General Comment No. 10 (CRC/C/GC/10) on children’s rights in juvenile justice. In this regard, the Committee recommends that the State party: (a) Implement the Committee’s previous recommendations (CRC/C/15/Add.213) regarding juvenile justice; (b) Accelerate the process of reform of the juvenile justice system, of its penal law and procedural penal law, taking into consideration the principles of the Convention; (c) Set up an adequate system of juvenile justice, including juvenile courts throughout the country; (d) Train judges and all law enforcement personnel who come into contact with children from the moment of arrest to the implementation of administrative or judicial decisions taken against them; (e) Use deprivation of liberty as a means of last resort and, when used, regularly review it on the basis of the best interests of the child; (f) Provide a set of alternative socio-educational measures to deprivation of liberty and a policy to effectively implement them; (g) Ensure that children deprived of their liberty remain in contact with the wider community, in particular with their family, as well as friends and other persons or representatives of reputable outside organisations, and give opportunity to visit their home and family; (h) Focus on the prevention of crimes strategy in order to support children at risk at an early stage; and (i) Seek technical assistance from the United Nations Interagency panel on Juvenile Justice which includes UNODC, UNICEF, OHCHR and NGOs. (Paragraphs 69 and 70) UN Committee against Torture The Committee notes with concern reports that law enforcement bodies sometimes use illegal investigation methods during interrogations of minors, such as threats, blackmailing and sometimes even physical abuse. Such interrogations are allegedly often conducted in the absence of the parents or teacher of the minor, although their presence is required by law. The Committee is further concerned at reports that juveniles may be held in pre-trial detention for prolonged periods and that they are often not granted the right to receive relatives during that period (arts. 2 and 11). The State party should increase its efforts to bring legislation and practice as regards the arrest, detention and interrogation of juvenile offenders fully in line with internationally adopted principles. The State party should, inter alia, ensure training of law enforcement personnel to raise their professional qualification in working with juveniles, ensure that deprivation of liberty, including pre-trial detention, is the exception and is used for the shortest time possible and develop and implement alternatives to deprivation of liberty. (Paragraph 12) UN Special Rapporteur on Torture The Special Rapporteur received a number of allegations of threats against women accused of crimes, targeting in particular, their children. He received reports about women suspected or accused of drug-related crimes, and foreign women who are subjected to beatings and other forms of violence, including hooding and electroshock by law enforcement agents. Within the penitentiary system, he received credible allegations of corporal punishment against women. Since there are fewer colonies for women, they tend to be cut off from their families and friends even more than male prisoners. (Paragraph 38) According to article 15 of the criminal code, criminal responsibility for serious crimes is applicable as of 14 years of age; for other crimes, as of 16. Article 491 of the criminal procedure code provides that the detention of juveniles may be ordered in exceptional cases only, when a grave crime or felony is committed, and may not exceed six months. Articles 71.2 and 79 and chapter 52 of the code describe safeguards applicable to the various stages of criminal procedure of juveniles, such as limits on the duration of interrogations, the presence of a legal guardian, and the right to remain silent. However, the Special Rapporteur learned that many of the safeguards were respected only formally and that beatings of minors by the police with fists and police truncheons upon apprehension were common, mostly before detention was formally recorded. During that time children were often handcuffed to radiators for several hours, sometimes for entire nights. (Paragraph 40) The Special Rapporteur is encouraged to learn that, on 18 August 2008, the President approved a "juvenile justice system development concept" which, with reference to the Beijing Rules, foresees the creation, in the period 2009–2011, of a juvenile justice system and, among others, provides for specialised juvenile courts, a juvenile police, specialised legal aid, a specialised service for supervising non-custodial sentences, better coordination mechanisms and the integration of socio-psychological services into the juvenile justice system. He hopes that such a comprehensive approach will significantly improve access to justice for juveniles in practice and eliminate torture and ill-treatment of children. (Paragraph 41) The Special Rapporteur recommends that the appropriate bodies take the following measures: (a) Explicitly prohibit by law corporal punishment of children in all settings (b) Raise the age of criminal responsibility and establish a juvenile justice system that puts the best interests of the child at its core, and abolish the use of temporary isolators for minors; (c) Seek technical assistance and other cooperation from the United Nations Interagency Panel on Juvenile Justice, which includes the United Nations Office on Drugs and Crime, the United Nations Children's Fund, OHCHR and non- governmental organisations, to implement these reforms. (Paragraph 84) The Special Rapporteur visited an educational colony in Almaty (LA-155/6), the physical conditions of which seemed to be good (taking into account the extensive preparations made before the visit). The children attended school and leisure activities, and had no major complaints regarding the food or health care. The Special Rapporteur did, however, receive allegations of corporal punishment of minors in the colony, notably of severe, regular beatings with fists and truncheons by guards. The Special Rapporteur is also very concerned about the extensive restrictions on family visits (the norm was three two- day visits and three short-term visits a year). Such restrictive policies in relation to minors are definitely in contravention of the key requirement that their best interest should be placed at the centre of all measures taken by the State. (Paragraph 42) The Special Rapporteur also inspected a centre for temporary isolation, adaptation and rehabilitation in Karaganda. These institutions, under the responsibility of the Ministry of the Interior are designed to carry out a variety of tasks, including detaining children younger than 16 years of age suspected of having committed minor offences, housing children who have lost their parents or legal guardians, or have been picked up in the streets.4 Placement of child suspects may be ordered by the Commission on Minors, an administrative body composed of representatives of the police, the department of education, the department of health, local government and civil society. The Special Rapporteur regrets that the children had been intimidated and instructed on what they should say during his visit. He is concerned that, in the centre, there were children aged from 3 to 18 years of age held together. Most children are shaved upon arrival. In addition, they seemed not to be allowed much outdoor exercise and, although there was a garden around the centre, they only used a small indoor courtyard, and no toys were provided. The Special Rapporteur was very concerned at reliable claims that staff routinely subjected the children to corporal punishment if they did not obey orders. Reports indicate that educators regularly hit the children on the head with a bunch of keys or a thin wooden chair plate and punched the upper part of their bodies. Also the fact that children can be confined to the centres for 30 days (plus three weeks in the case of an outbreak of disease) on the basis of a prosecutorial decision is not in compliance with international standards. Although there appear to be some internal inspections and some centre officials in other towns appear to have been sanctioned for using force against the children they guard, the Special Rapporteur deplores the lack of transparency of such proceedings and of all independent monitoring. (Paragraph 43) Many of the detainees interviewed by the Special Rapporteur indicated that they had been threatened with further charges, longer imprisonment and, in some cases, sexual violence by fellow inmates in order to make them withdraw complaints or sign declarations that they did not have any complaints or statements that they had sustained injuries while resisting arrest. He also learned that, in certain cases, threats are made against family members of the detainee, for example they will be arrested or that the friends of the child will be informed. Such behaviour, besides going counter to international standards, renders any complaints system meaningless and should be addressed in a determined manner. (Paragraph 59) UN Special Rapporteur on Independence of Judges and Lawyers In addition, 16 Economic Courts (one by oblast, including Almaty and Astana) are at a level equivalent to that of the Rayon Courts and deal with commercial disputes. Also, Military Courts functioning at the oblast and rayon levels address cases concerning the military and its personnel. Finally, Kazakhstan is trying to establish a number of specialised courts: (iv) Administrative tribunals have been established in Almaty and Astana on an experimental basis to address issues relating to fines; (v) A specialised system of juvenile justice will be established in Almaty and the Almaty region with eventual implementation nationwide. In the meantime, certain judges specialise in juvenile matters at the Rayon and Oblast Courts. (Paragraph 9) The Government should quickly move forward with its plan to introduce legal reforms in order to establish a separate juvenile justice system and, at the same time, pursue its work with UNICEF to develop a national child right's code. The Ministry of Justice should further introduce sentencing reforms to provide juveniles with the benefit of alternative sentences so that imprisonment is not applicable in cases of a minor nature and is not necessarily the rule in more serious cases. This would minimise the number of children entering the criminal system. (Paragraph 89) In principle equal access is guaranteed by law. Yet, no statistical information was offered regarding effective access to the courts by groups such as the disabled, minorities, women and children. (Paragraph 29) The Government should do all in its power to guarantee access by all, in particular in rural areas. It should organise campaigns aimed at increasing public awareness and confidence, including among organisations representing groups such as children, women, minorities and the disabled, that the legal system upholds the rule of law and can provide redress and remedies. (Paragraph 87) Universal Periodic Review (February 2009) 95 A - 9. To continue its work to ensure the further refinement of laws aimed at protecting children's rights in order to step up criminal and administrative responsibilities for crimes and offences committed against children or involving children in crime (Kyrgyzstan); (accepted) A - 28. To strengthen measures aimed at eliminating child labour; to protect girls, children with disabilities, children in institutions and children born out of wedlock against discrimination; and to increase the attention accorded to protecting the rights of the child in the area of juvenile justice (Czech Republic); (accepted) ___________________________________________________________________ Ineffective child rights monitoring mechanisms UN Committee on the Rights of the Child (Concluding Observations, June 2007) While welcoming the establishment of the pilot project entitled “Protecting the rights of the child and establishing monitoring mechanisms” and its goal to have a children’s rights Ombudsman in every region of Kazakhstan, the Committee is concerned that the Office of Human Rights Commissioner and the Office of the Ombudsman are not vested with the authority to receive and investigate individual complaints of violation of the rights of children. Furthermore, the Committee is concerned that the Ombudsman Office is not an independent institution and has not been established through the Constitution or legislation. The Committee urges the State party to vest the Office of Human Rights Commissioner and the Office of the Ombudsman with a clear mandate to monitor children’s rights and implement the Convention at national, regional and local levels in accordance with the Principles relating to the status of National Human Rights Institutions (the “Paris Principles”, annexed to General Assembly resolution 48/134 of 20 December 1993). Furthermore, the Committee recommends the State party to provide the Ombudsman Office with the human and financial resources necessary to carry out its mandate and ensure that the Office has a child accessible complaint mechanism. In these actions the State party should fully take into account the Committee’s General Comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child. The Committee also recommends that the State party seek assistance from, among others, United Nations Office of the High Commissioner for Human Rights and UNICEF. (Paragraphs 16 and 17) Universal Periodic Review (February 2009) A - 21. To introduce the post of the national ombudsman for the rights of the child with a view to the effective promotion and protection of children's rights (Islamic Republic of Iran); (accepted) ___________________________________________________________________ Discrimination against children born out of wedlock UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee appreciates the significant efforts undertaken to combat discrimination. However, the Committee is concerned at the fact that stigmatising words, such as “invalid” and “illegitimate child”, are consistently used in legislation and official literature produced by the State party. The Committee encourages the State party to continue and strengthen its efforts to combat all forms of discrimination including by passing the legislation on gender equality and urges the State party to discontinue using vocabulary that stigmatises children with disabilities and children born out of wedlock. (Paragraphs 26 and 27) Universal Periodic Review (February 2009) A - 28. To strengthen measures aimed at eliminating child labour; to protect girls, children with disabilities, children in institutions and children born out of wedlock against discrimination; and to increase the attention accorded to protecting the rights of the child in the area of juvenile justice (Czech Republic); (accepted) A - 38. To ensure the use of vocabulary that does not stigmatise children with disabilities or children born out of wedlock (Slovenia); (accepted) ___________________________________________________________________ Stigmatisation of children affected by HIV and AIDS UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee notes the relatively low HIV/AIDS prevalence rate in the State party, however the Committee is concerned that the newly reported cases of HIV are rapidly increasing, including through mother-to-child transmission and at the stigmatisation of children infected and affected by HIV/AIDS including cases of abandonment. Furthermore, the Committee is concerned at the fact that the State party remains a major trafficking conduit for heroin with a major impact on drug use and the HIV infection rate. The Committee recommends that the State party, while taking into account the Committee’s General Comment No. 3 (2003) on HIV/AIDS and the rights of the child and the international Guidelines on HIV/AIDS and Human Rights: (a) Strengthen its preventive efforts by conducting campaigns and programmes in order to raise awareness on HIV/AIDS including on prevention methods; (b) Strengthen preventive measures, including by providing awareness- raising campaigns, to prevent mother to child transmission; (c) Provide psycho-social support to HIV/AIDS infected and affected children and their families as well as advocacy on early interventions and medical and social inclusion; and (d) Take effective measures to counter stigma and discrimination faced by children and families infected and affected by HIV/AIDS. (Paragraphs 53 and 54) Universal Periodic Review (February 2009) A - 39. To further combat discrimination against persons with drug dependence and persons living with HIV/AIDS, particularly children (Brazil); (accepted) A - 40. To redouble its efforts to eliminate the stigmatisation of and discrimination against persons, especially children, infected and affected by HIV/AIDS (Thailand) (accepted) ___________________________________________________________________ Lack of human rights education UN Committee on Economic, Social and Cultural Rights The Committee is concerned that human rights education in schools and in training programmes for selected professions, exclude economic, social and cultural rights. The Committee recommends that the State party include economic, social and cultural rights in the curricula of schools, and in the human rights training programmes for professionals who have a direct role in the promotion and protection of human rights, including civil servants, medical professionals, social workers, teachers, law enforcement officers and the military. (Paragraph 9) Universal Periodic Review (February 2009) A - 88. To introduce human rights education and training into school curricula, in accordance with article 29 of the Convention on the Rights of the Child (Egypt); (accepted) ___________________________________________________________________ Inadequate alternative care provision UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee welcomes the State party’s initiative to move toward a family (foster) type of care. However, the Committee remains concerned that progress has still not been made in reducing the large number of abandoned and homeless children, the number of children placed in institutions, and the conditions in those institutions. The Committee is further concerned at the low attention paid to young children and their need to live in a family environment. The Committee is also concerned at reports that many children lacking parental care, in particular abandoned children, are apprehended and placed in the same closed facilities as children suspected or accused of criminal wrongdoing. The Committee is also concerned that some children who have “aged out” of State care are not well prepared to take on the responsibility of adult life and that not all of them are eligible for further services. The Committee recommends that the State party, while taking into account the recommendations of the Day of General Discussion on children without parental care (2005): (a) Develop alternative care policies, regulations and practices placing greater emphasis on reunification and rehabilitation programmes and make sure that children without family care are never placed in prison-type institutions (Remand Centres) and young children are placed in family-like environments and that there be provisions for family visits; (b) Develop a care plan for every child in need of out-of-family care, monitor the status of children placed in kinship homes, foster care, pre-adoptive homes and other care institutions, inter alia by regular visitations, and review care plans periodically; (c) Take into account in all measures the views of the children, ensure their best interests and provide an independent child accessible complaints mechanism; (d) Ensure properly trained staff and carers for all facilities; and (e) Redirect allocations in national and regional budgets, with increasing funding for programmes and services supporting living of children in family environment. (Paragraphs 41 and 42) Universal Periodic Review (February 2009) A - 26. To strengthen policies promoting children's rights and the implementation of the Guidelines for the Alternative Care of Children, according to Human Rights Council resolution 11/7 and General Assembly resolution 64/142 (Brazil); (accepted) ___________________________________________________________________
Last reported: 14 and 15 July 2011
Concluding Observations issued: 19 August 2011
Last reported: 10 and 11 May 2011
Concluding Observations issued: 21 May 2010
Country visit: 5 to 13 May 2009
Report published: 16 December 2009
Country visit; 11 to 17 June 2004
Report published: 11 January 2005
Last reported: 14 and 15 July 2011
Concluding Observations issued: 19 August 2011
Last reported: 10 and 11 May 2010
Concluding Observations issued: 21 May 2010
Last reported: 16 January 2007
Concluding Observations issued: 2 February 2007
Last reported: 14 and 15 July 2011
Concluding Observations issued: 19 August 2011
Country visit: 5 to 13 May 2009
Report published: 16 December 2009
Last reported on 10 and 11 May 2010
Concluding Observation issued: 21 May 2010
Last reported: 16 to 16 August 2004
Concluding Observations issued: 10 December 2004
Last reported: 16 January 2007
Concluding Observations issued: 2 February 2007
Country visit: 11 to 17 June 2004
Report published: 11 January 2005
Last reported: 10 and 11 May 2010
Concluding Observations issued: 21 May 2010
Last reported: 13 to 16 August 2004
Concluding Observations issued: 10 December 2004
Country visit: 6 to 15 July 2009
Report published:1 February 2010
Last reported: 14 and 15 July 2011
Concluding Observations issued: 19 August 2011
Last reported: 10 and 11 May 2010
Concluding Observations issued: 21 May 2010
Last reported: 6 and 7 November 2008
Concluding Observations issued: 12 December 2008
Country visit: 5 to 13 May 2009
Report published: 16 December 2009
Country visit: 11 to 17 June 2004
Report published: 11 January 2005
Last reported: 1 and 11 May 2010
Concluding Observations issued: 21 May 2010