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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee notes with concern that despite the legislation setting at 14 years the minimum age for admission to work , many children under the age of 14 work, primarily in the informal sector of the economy, either full-time, or outside school hours. The Committee urges the State to strengthen measures to combat child labour. It recommends that the State party take steps to prevent child labour, including by: (a) Formulating, in a participatory manner, a strategy and plan of action to prevent child labour and eliminate the worst forms of child labour and to safeguard the rights of children who are legally allowed to work; (b) Strengthening the labour inspectorate to ensure the effective implementation of child labour laws, both in the formal and informal sectors; (c) Considering the ratification of ILO Convention No. 138 concerning Minimum Age for Admission to Employment (1973) and ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and (d) Seeking assistance from ILO International Programme on the Elimination of Child Labour (IPEC) in this respect. (Paragraphs 58 and 59) Universal Periodic Review (May 2010) P - 34. Establish a comprehensive child labour policy (Germany); (pending) P - 71. Adopt policies and measures to combat child labour and the commercial exploitation of children, in accordance with the recommendations made by the Committee on the Rights of the Child (Chile); (pending) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee is concerned at the high number of reported cases of violence and child abuse, including sexual abuse, and reports that victims of rape are often shunned from their community. While the Committee welcomes the establishment of a Family Assistance and Sexual Offences Unit in the Kiribati Police Service, it is concerned at the lack of comprehensive measures to address this serious phenomenon. The Committee recommends that the State party take all necessary measures to prevent and address violence against children and child abuse, including by: (a) Establishing an effective mechanism to receive, monitor and investigate reports of child abuse and neglect; (b) Developing and implementing preventive measures, including awareness- raising campaigns involving children and traditional leaders, to combat all forms of violence against children; (c) Ensuring that appropriate data on child abuse and neglect are gathered and disaggregated by age and sex; and (d) Providing victims with adequate protection, as well as psychological support, recovery and social reintegration assistance and ensuring that all perpetrators of sexual and other forms of child abuse are brought to justice. In the context of the Secretary-General’s in-depth study on the question of violence against children and the related questionnaire sent to Governments, the Committee acknowledges with appreciation the participation of the State party in the Regional Consultation for East Asia and the Pacific held in Thailand from 14 to 16 June 2005 and in the Pacific Consultation on Addressing Violence against Children held in Fiji from 26 to 28 September 2005. The Committee recommends that the State party use the outcome of these regional consultations as a tool for taking action, in partnership with civil society, to ensure that every child is protected from all forms of physical or mental violence, and to gain momentum for concrete and, where appropriate, time- bound actions to prevent and respond to such violence and abuse. In addition, the Committee would like to draw the States party’s attention to the report of the independent expert for the United Nations study on violence against children (A/61/299) and to encourage the State party to take all appropriate measures to implement the overarching recommendations and setting-specific recommendations contained in this report. (Paragraphs 36 to 39) Universal Periodic Review (May 2010) P - 19. Proceed with child protection legislative reform (Australia); (pending) P - 20. Review and transform the 1977 Penal Code with regard to violence against children, sexual abuse and exploitation, abduction, sales and trafficking (Germany); (pending) P - 42. Fully implement, once adopted, a draft amendment to the Constitution that would protect against discrimination on the basis of sex and gender, and would seek to protect women's and children's rights regarding family law, sexual offences, domestic violence, property, the right to work, and inheritance law (United States of America); (pending) P - 61. Implement outstanding legislative reforms to prevent violence against children and child abuse in accordance with its obligations under the Convention on the Rights of the Child (United Kingdom); (pending) P - 63. Adopt and implement Penal Code reforms and other measures in compliance with international human rights standards in order to combat violence against children in all its forms, and provide adequate reintegration and rehabilitation for the victims (Slovakia); (pending) P - 65. Take all measures necessary to prevent and combat violence against and the maltreatment of children, by setting up an effective mechanism for collecting, processing and investigating complaints, by promoting an awareness-raising campaign and by providing adequate protection for victims; and review and modify the articles of the 1977 Criminal Code concerning violence against children, the sexual exploitation of children, and the sale and trafficking of children (France); (pending) _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee is concerned that corporal punishment is not explicitly prohibited, and is still widely practised in the home and schools and used as a disciplinary measure in alternative care settings. The Committee is also concerned that under article 226 of the Penal Code, “reasonable punishment” is permitted in penal institutions and by order of Island Councils. The Committee recommends that, taking into account its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the State party: (a) Amend all relevant legislation, in particular article 226 of the Penal Code to ensure that corporal punishment is explicitly prohibited in the family, schools, penal institutions, alternative care settings and as a traditional form of sentencing; and (b) Take effective measures, including through public awareness campaigns involving children and traditional leaders, to promote positive, participatory and non-violent forms of discipline as an alternative to corporal punishment at all levels of society, and to effectively implement the law prohibiting corporal punishment. (Paragraphs 34 and 35) Universal Periodic Review (May 2010) P - 21. Adopt effective measures to bring its national legislation, including customary law, into line with the provisions and principles of the CRC, particularly in the area of child protection and the prevention of corporal punishment, child abuse and child pornography (Argentina); (pending) P - 66. Prohibit the corporal punishment of children at home, at school, in penal institutions, in alternative-care settings and as a traditional form of sentencing (Slovenia); (pending) P - 67. Explicitly prohibit, in all fields, corporal punishment for children and adolescents, particularly in view of section 226 of the Penal Code, which permits "reasonable punishments" in penal institutions and by decree of Island Councils (Chile); (pending) _____________________________________________________________________ Sexual exploitation of children UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee is concerned at the reported increase in commercial sexual exploitation of children in Kiribati. The Committee recommends that the State party take measures, including: (a) Conducting a comprehensive study to assess the causes, nature and extent of commercial sexual exploitation of children and young people in Kiribati; (b) Proceeding with plans to amend the Penal Code to make the exploitation of and trafficking in children criminal offences; (c) Strengthening measures and adopting multidisciplinary and multi- sectoral approaches to prevent and combat sexual exploitation of children and adolescents; (d) Undertaking awareness-raising campaigns, particularly for parents and children; (e) Ensuring that children who have been subjected to sexual and economic exploitation are treated as victims and that perpetrators are brought to justice; (f) Providing adequate programmes of assistance and social reintegration for sexually exploited children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children; and (g) Collaborating with NGOs working on these issues and seeking technical assistance from, among others, UNICEF. (Paragraphs 60 and 61) Universal Periodic Review (May 2010) P - 13. Withdraw its reservations to the CRC and fully incorporate that instrument into its national legislation, as well as consider the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Slovakia); (pending) P - 20. Review and transform the 1977 Penal Code with regard to violence against children, sexual abuse and exploitation, abduction, sales and trafficking (Germany); (pending) P - 21. Adopt effective measures to bring its national legislation, including customary law, into line with the provisions and principles of the CRC, particularly in the area of child protection and the prevention of corporal punishment, child abuse and child pornography (Argentina); (pending) P - 42. Fully implement, once adopted, a draft amendment to the Constitution that would protect against discrimination on the basis of sex and gender, and would seek to protect women's and children's rights regarding family law, sexual offences, domestic violence, property, the right to work, and inheritance law (United States of America); (pending) P - 62. Take further action to ensure that children who have been subjected to sexual exploitation are treated as victims and that the perpetrators are brought to justice (Sweden); (pending) P - 65. Take all measures necessary to prevent and combat violence against and the maltreatment of children, by setting up an effective mechanism for collecting, processing and investigating complaints, by promoting an awareness-raising campaign and by providing adequate protection for victims; and review and modify the articles of the 1977 Criminal Code concerning violence against children, the sexual exploitation of children, and the sale and trafficking of children (France); (pending) P - 68. Enhance the enjoyment of the right to education, particularly for girls, and address the issue of sexual abuse and exploitation of children (Algeria); (pending) _____________________________________________________________________ Inadequate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee is concerned that there is no specific legislation on juvenile justice. It is also concerned at the serious practical shortcomings of the juvenile justice system and the inconsistencies that exist between various domestic laws and regulations. The Committee is further concerned that persons between 16 and 18 years of age are detained with adults. The lack of adequate alternatives for pre-trial and other forms of detention and of guarantees for due process, and the poor living conditions faced by children detained in police stations or prisons are also issues of concern. The Committee urges the State party to ensure the full implementation of juvenile justice standards, in particular articles 37, 40 and 39 of the Convention and other relevant international standards in this area, such as 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) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), taking into account the recommendations adopted by the Committee on its day of general discussion on juvenile justice held on 13 November 1995 (CRC/C/46, paras. 203-238). In particular, the Committee recommends that the State party: (a) Developing specific and appropriate legislation on juvenile justice; (b) Ensure that due process is guaranteed, including the hearing by a judge before deprivation of liberty is carried out; (c) Develop and implement alternatives to pre-trial and other forms of detention in order to ensure that deprivation of liberty is really a measure of last resort for the shortest time possible, and when detained, ensure that persons under 18 are not detained with adults; (d) Develop and implement adequate socio-educational programmes and appropriate probation and parole arrangements for juvenile offenders; (e) Develop and implement responses from the ideas of restorative justice, including mediation, alternative dispute resolution and family conferencing; (f) Strengthen training on the Convention and other relevant standards for those responsible for administering juvenile justice; and (g) Seek assistance from, inter alia, the United Nations Interagency Panel on Juvenile Justice. (Paragraphs 64 and 65) Universal Periodic Review (May 2010) P - 69. Ensure the full implementation of juvenile justice standards (Germany); (pending) _____________________________________________________________________ Detention of children with adults UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee is further concerned that persons between 16 and 18 years of age are detained with adults [T]he Committee recommends that the State party: (c) Develop and implement alternatives to pre-trial and other forms of detention in order to ensure that deprivation of liberty is really a measure of last resort for the shortest time possible, and when detained, ensure that persons under 18 are not detained with adults; (Paragraphs 64 and 65) Universal Periodic Review (May 2010) P - 70. Cease immediately the practice of not segregating women, children and men in prison facilities (New Zealand); (pending) _____________________________________________________________________ Inadequate provision for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, September 2006) While noting that children with mental and physical disabilities are protected from discrimination under section 15 of the Constitution, the Committee notes with concern that the resources available for these children are inadequate. The Committee is concerned, in particular, that schooling is not possible for all children with disabilities, especially in remote areas, and that possibilities for inclusion of children with disabilities have not been explored. The Committee recommends that, taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (see CRC/C/69), the State party take all necessary measures to: (a) Address all forms of discrimination, including social discrimination and discrimination against children with disabilities in remote areas, giving due consideration to implementation of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex); and (b) Pursue its efforts to provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within regular schools. (Paragraphs 44 and 45) Universal Periodic Review (May 2010) P - 33. Extend Government funding to schools for persons with disabilities (Canada); (pending) P - 51. Take all measures necessary to address all forms of discrimination, including social discrimination and discrimination against children with disabilities in remote areas (Germany); (pending) ___________________________________________________________ Discrimination against children from economically disadvantaged families UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee welcomes the indication by the State party that the gender gap in school enrolment has decreased. However, the Committee is concerned at reports of persistent discrimination experienced by children from economically disadvantaged families. In the light of article 2 of the Convention, the Committee recommends that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against children from economically disadvantaged families. (Paragraphs 25 and 26) Universal Periodic Review (May 2010) P - 51. Take all measures necessary to address all forms of discrimination, including social discrimination and discrimination against children with disabilities in remote areas (Germany); (pending) P - 54. Eliminate all forms of de facto discrimination against children belonging to economically disadvantaged families (Turkey) (pending) _____________________________________________________________________ Inadequate education provision and discrimination against girls in education UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee welcomes the reported increased access to primary and secondary education and the consequential increase in enrolment rates, as well as the reduction of the gender gap. However, the Committee is concerned that the quality of education available to students is decreasing, the access to adequate educational facilities for children in remote areas remains limited, the cost of education is often prohibitive, and the absence of training required for teachers is leading to low-quality teaching and to disparities in pre-school education. The insufficient bilingual education in English and I-Kiribati is also a cause of concern as it negatively impacts access to higher education, which is only available in English in neighbouring countries. The Committee regrets that aside from informal vocational training provided by national NGOs, there are no vocational or educational opportunities within or outside the formal school system. The Committee recommends that the State party take measures, inter alia, by: (a) Increasing budgetary allocation to ensure access to free primary and quality education in all regions and to improve the physical infrastructure of educational facilities; (b) Strengthening its efforts to bridge the gaps in the availability of education throughout the country, including the availability of school materials; (c) Strengthening vocational programmes for children, including those who do not attend regular school; (d) Improving the training and recruitment of teachers; (e) and Facilitating the use of new technology, including e-learning and blended learning. (Paragraphs 56 and 57) Universal Periodic Review (May 2010) P - 68. Enhance the enjoyment of the right to education, particularly for girls, and address the issue of sexual abuse and exploitation of children (Algeria); (pending) P - 72. Continue to implement programmes aimed at ensuring that all its people have free quality health and education services (Cuba); (pending) P - 75. Further strengthen its educational system to guarantee unrestricted access to education for every member of the population (Slovakia); (pending) P - 76. Increase budgetary allocations to ensure equal access to free and quality primary education in all regions and to improve the physical infrastructure of schools, including teaching materials (Slovenia); (pending) P - 77. Earmark a larger budget for the educational sector, and revise existing educational legislation in order to ensure access to primary education for children of all regions (Mexico); (pending) P - 79. Consider developing human rights education and training programmes in the context of upgrading its national education system (Philippines); (pending) _____________________________________________________________________ Inadequate health provision for children UN Committee on the Rights of the Child (Concluding Observations, September 2006) The Committee notes that the State party has taken steps to adopt national health plans and to ensure broad-based immunisation for all children in Kiribati. The Committee welcomes the efforts made by the State party in the areas of maternal and child health, and the steps taken to develop sanitation and public health education programmes as well as to establish solid waste disposal facilities. However, the Committee is concerned that access to these sewage disposal facilities and to clean water is restricted. The Committee is also concerned at reports of high rates of infant and child mortality, acute respiratory infection and diarrhoea, and severe malnutrition among children. The Committee recommends that the State party continue to strengthen its efforts to improve the health situation of all children with particular attention paid to the establishment of effective and accessible primary health care services. (Paragraphs 46 and 47) Universal Periodic Review (May 2010) P - 72. Continue to implement programmes aimed at ensuring that all its people have free quality health and education services (Cuba); (pending) _____________________________________________________________________