KOREA, DEMOCRATIC PEOPLE'S REPUBLIC: Persistent violations of children's rights

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:

___________________________________________________________________

Infant mortality and malnourishment

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee is deeply concerned that children’s right to life, survival and development continue to be severely violated within the State party. The Committee is particularly concerned about stunting, wasting and deaths of children resulting from severe malnutrition.

In light of article 6 and other relevant provisions of the Convention, the Committee urges the State party to make every effort to reinforce protection of the right to life and development of all children within the State party, through policies, programmes and services that target and guarantee protection of this right, by, inter alia, strengthening international cooperation. (Paragraphs 23 and 24)

[T]he Committee remains concerned about:

a)the survival and development of children in the State party which continue to be

threatened by chronic and severe malnutrition;

b) early childhood diseases, such as acute respiratory infections and diarrhoea;

c) the impact upon the health of children in early childhood of poor maternal health, as indicated by high rates of anaemia and malnutrition among pregnant women;

d) Poor quality of drinking water and poor hygiene practices which continue to have seriously negative impact on health of children in the State party; and

e) Access to medicines, which are not available free-of-charge for all children.

The Committee urges the State party to:

a)Continue to address, as matter of urgency, the high rates of malnutrition of children and mothers, and develop campaigns to inform parents about basic child health and nutrition, advantages of breastfeeding, hygiene and environmental sanitation and reproductive health;

b) Consider establishing a governmental body in charge of maternal and child health care and development at the executive and sub-national levels;

c) Ensure the effectiveness of the system of fully subsidised healthcare that ensures the provision of the highest standard of health for all children, paying special attention to the most vulnerable families, including those in rural and remote areas and ensure that free, or affordable medicines is available for all children; and

d) Take further measures to improve access to safe drinking water and improve hygiene practices, with a view to preventing and combating the damaging effects of low-quality or contaminated water supplies, in light of article 24 (c) of the Convention.

UN Human Rights Committee
Last reported: 19 and 20 July 2001
Concluding Observations issued: 27 August 2001

Given the State party’s obligation, under article 6 of the Covenant, to protect the life of its citizens and to take measures to reduce infant mortality and increase life expectancy, the Committee remains seriously concerned about the lack of measures by the State party to deal with the food and nutrition situation in the Democratic People’s Republic of Korea and the lack of measures to address, in cooperation with the international community, the causes and consequences of the drought and other natural disasters which seriously affected the country’s population in the 1990s.

The Committee recalls paragraph 5 of its General Comment No. 6 on article 6 of the Covenant, adopted at its sixth session, which recommends that States parties “take all possible measures to reduce infant mortality and increase life expectancy, especially in adopting measures to eliminate malnutrition”. The State party should provide the Committee with supplementary information on this issue. (Paragraph 12)

UN Committee on Economic, Social and Cultural Rights
Last reported: 19 and 20 November 2003
Concluding Observations issued: 12 December 2003

The Committee expresses deep concern about the high rate of children under 5 that are chronically malnourished (45 per cent according to government statistics), as well as the high incidence of poverty-related diseases. (Paragraph 22)

The Committee recommends that increased attention be paid by the competent authorities to providing adequate nutrition to children suffering from chronic malnutrition as well as adequate health care, to address the potentially severe consequences on their health. (Paragraph 43)

UN Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea
Country visit: 3 to 10 November 2005
Report published: 23 January 2006

The disastrous food shortage of the mid-1990s took a toll on many children through malnutrition. As noted in my report in 2005 for the General Assembly, while recently the situation has improved in regard to chronic malnutrition, malnutrition rates and their impact, e.g. stunting, are still a major cause for concern. There are other chronic shortages such as electricity at school and medicines in general. (Paragraph 27)

Universal Periodic Review (December 2009)

P - 97. Give access to food and other essential products to those who need them, taking into account the particular needs of children and pregnant and nursing women, and cooperate constructively with humanitarian agencies and other humanitarian actors by ensuring them access to all the territory (Switzerland); (pending)

P - 99. Take positive measures to further reduce infant mortality rates and maternal mortality rates (Syrian Arab Republic); (pending)

P - 101. Work on the enhancement of the free health care programme and free primary education, obtaining the necessary assistance through international cooperation (Libyan Arab Jamahiriya);(pending)

R - 13. Allow urgently the development of international operations of food distribution in the whole country; put an end to discrimination in the governmental food distribution, prioritising children, pregnant women, persons with disabilities and senior citizens (Spain); (rejected)

___________________________________________________________________

Inadequate and inappropriate education, including indoctrination

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee notes with appreciation the National Plan of Action on Education for All (2003-2015), the compulsory pre-school year, and the School Assistance Fund, aimed to support the reconstruction of schools. However, the Committee remains concerned that the general quality of education and the school infrastructure have suffered considerably as a result ofstructural lack of resources. The Committee is also concerned about the high rate of non-attendance due to natural disasters or economic hardship, and note with concern that additional costs associated with schooling may be a contributing factor to the problem of non-attendance. The Committee is also concerned that children spend significant proportion of their time allocated for instruction for the purposes of agricultural work, festivity preparations including the “arirang” festival, and providing services to teachers to the extent that may lower achievement and quality of education..

The Committee is concerned that the values and rights recognised in article 29b of the Convention on the aims of education are not fully reflected in the school curricula. The Committee also regrets that human rights education, including about the Convention, is not included in the school curricula.

The Committee recommends that the State party:

a)Increase budget allocations to the educational sector;

b)focus on an overall improvement of the quality of education provided, and ensure that school curricula and teacher training programmes fully reflect article 29 of the Convention, duly taking into account general comment No. 1 on aims of education;

c)ensure that the time allocated to extra-curricular activities, including agricultural work, do not interfere with the child’s learning process;

d)take immediate measures to eliminate the burden of additional costs of schooling; and

e)incorporate human rights education, including the Convention, in school curricula, and to take measures to implement the Plan of Action for the first phase of the World Programme for Human Rights Education, adopted by all United Nations Member States on 14 July 2005 (General Assembly resolution 59/113B) . (Paragraphs 52 to 54)

UN Committee on Economic, Social and Cultural Rights
Last reported: 19 to 20 November 2003
Concluding Observations issued: 12 December 2003

The Committee notes with concern that existing social and educational policies in the State party for orphans keep them in segregated environments, which can lead to situations of social exclusion. (Paragraph 20).

The Committee remains concerned about the declining attendance rate in schools, from 99 to 85 per cent according to the State party, as a consequence of national disasters. (Paragraph 24). The Committee also urges the State party to strengthen its efforts to provide alternative family care for orphans and to include them in the regular school system. (Paragraph 41)

UN Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea
Country visit: 3 to 10 November 2005
Report published: 23 January 2006

Children with the elite do well, while the wavering class and those deemed enemies of the regime are marginalised. There is also a qualitative angle in regard to the social services offered to children - as these services are part of a mass mobilisation campaign to make people subservient from a young age to the political leadership, merely quantitative assessment of their coverage is inadequate and should be balanced with a more qualitative assessment. This affects particularly the content of the curriculum, which uses children as objects of indoctrination to justify the presence of the political system and its concomitant ideology rather than as subjects of human rights. (Paragraph 28)

Universal Periodic Review (December 2009)

P - 31. Continue the implementation of the National Action Plan of Education for All, with a view to improving the quality of the system of 11 years of compulsory, free, universal education, increasing progressively the necessary resources allocated for this purpose (Bolivarian Republic of Venezuela); (pending)

P - 60. Provide all children with equal opportunities to study and give them access to higher education based on their talent and individual capability (Norway); (pending)

P - 101. Work on the enhancement of the free health care programme and free primary education, obtaining the necessary assistance through international cooperation (Libyan Arab Jamahiriya); (pending)

P - 103. Increase resources allocated to the education sector for better quality of education and encourage the authorities to continue their efforts in this area (Algeria); (pending)

___________________________________________________________________

Discrimination against children with disabilities

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee is concerned that, despite the Constitutional guarantees, the principle of non-discrimination is not fully respected in practice, vis-à-vis children with disabilities, children living in institutions, and children who are in conflict with the law. The Committee is further concerned that children may face discrimination on the basis of the political or other opinion, social origin, or other status, either of themselves, or of their parents.

The Committee recommends that the State party monitor and ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention. (Paragraphs 19 and 20)

The Committee notes with appreciation various measures taken by the State party aimed to assist children with disabilities, including the action plans for persons with disabilities for 2008-2010 and the planned national survey of persons with disabilities with a view to collecting reliable statistics conducive to further improving the protection and care of persons with disabilities, including children with disabilities. However, the Committee is concerned about the de facto discrimination faced by children with disabilities and the lack of community-based services for those children and families.

The Committee recommends that the State party, taking into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and the Standard Rules for Equalising the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993, continue to strengthen measures to protect and promote the rights of children with disabilities, by, inter alia:

a)undertaking the necessary measures to collect accurate disaggregated statistical data on children with disabilities;

b)adopting a comprehensive policy for children with disabilities;

c)Including a specific focus on children in the Action Plan for Persons with Disabilities for 2008-2010;

d)pursuing efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible;

e)undertaking greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level and to promote and expand community-based rehabilitation programmes, including parent support groups; and

f)considering the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol. (Paragraphs 42 and 43)

UN Committee on Economic, Social and Cultural Rights
Last reported: 19 and 20 November 2003
Concluding Observations: 12 December 2003

The Committee remains concerned that children with disabilities, whenever possible, are not included in the regular school system. (Paragraph 25).

The Committee recommends that the State party change the present system concerning the education of children with disabilities by allowing these children to be educated in the regular school system. Moreover, the State party should take measures to raise awareness among students, teachers and families of the special needs of these children and train teachers to assist them effectively in regular classes. (Paragraph 46)

UN Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea
Country visit: 3 to 10 November 2005
Report published: 23 January 2006

On a disquieting note, in late 2005 the authorities were no longer permitting the various markets to operate, banning sales of cereals, partly through the authorities' fear that they were losing their grip on the economy, and partly as a means of reasserting their grip over the population, thereby reverting to the public distribution system. There was a doubling of average cereal rations from 250 grams per person. From information received, those at work or who were involved in food-for-work programmes were likely to receive more food than those not falling into the category, thus increasing the latter's vulnerability - particularly children, pregnant women, older persons/the elderly and those with disabilities. (Paragraph 9)

Universal Periodic Review (December 2009)

P - 38. Ensure that the rights of women, children and persons with disabilities are more effectively realised through the implementation of the strategy for the promotion of reproductive health, 2006-2010, the national strategy for the prevention of AIDS, 2008-2012, the primary health care strategy, 2008-2012, the national action plan for the well-being for children, 2001-2010 and the comprehensive action plan for persons with disabilities, 2008-2012 (Syrian Arab Republic); (pending)

R - 13. Allow urgently the development of international operations of food distribution in the whole country; put an end to discrimination in the governmental food distribution, prioritising children, pregnant women, persons with disabilities and senior citizens (Spain); (rejected)

___________________________________________________________________

Violence against women and children, particularly domestic violence

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee notes with concern the absence of comprehensive data and information on child abuse and neglect in the home and in care institutions, and the lack of comprehensive policy for the prevention and combat of child abuse and neglect.

The Committee urges the State party to:

a)undertake a comprehensive study in order to understand the nature and extent of abuse and neglect in all settings, and use this as a basis for the formulation of policies and programmes to combat abuse and neglect of children;

b)reinforce mechanisms for monitoring the number of cases and the extent of violence, sexual abuse and neglect;

c)ensure that professionals working with children (including teachers, medical professionals, members of the police and the judiciary) receive training on their obligation to report and take appropriate action in suspected cases of abuse and violence affecting children;

d)carry out preventive public education campaigns about the consequences of the abuse and ill-treatment of children;

e) strengthen support for victims of abuse and neglect in order to ensure their access to adequate services for recovery, counselling and other forms of rehabilitation; and

f) establish a toll-free child helpline service, in order to be able to reach out to children in remote areas throughout the country. (Paragraphs 40 and 41)

UN Committee on the Elimination of Discrimination against Women
Last reported: 18 July 2005
Concluding Observations issued: 22 July 2005

The Committee expresses concern that the State party is not aware of the existence of domestic violence and that, as a result, there is a lack of specific legislation to deal with all forms of violence against women, including domestic violence, and a lack of prevention and protection measures for victims.

The Committee calls on the State party to conduct research on the incidence, causes and consequences of all forms of violence against women, including domestic violence, and to include the results in its next periodic report. In this regard the Committee urges the State party to find ways to make visible the existence of domestic violence, for example by training health workers to identify signs of abuse. It also recommends that the State party adopt specific legislation on domestic violence and ensure that violence against women and girls constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. It also urges the State party to address all forms of violence against women and girls in accordance with its general recommendation 19 on violence against women and to accord priority attention to the adoption of comprehensive measures, including the training of law enforcement agencies in responding effectively to victims of violence. (Paragraphs 55 and 56)

Universal Periodic Review (December 2009)

P - 65. Enact specific legislation to punish violence against women and establish structures for the protection of victims (Chile); (pending)

P - 67. Take further measures to prohibit all forms of violence against children and women (Brazil); (pending)

___________________________________________________________________

Trafficking of women and children

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

While noting that the State party has not recorded any cases of child trafficking and abduction, the Committee notes with concern reports of trafficking of persons, including children, to China. In this connection, the Committee is seriously concerned that there are no laws that specifically address trafficking in persons in the State party. Furthermore, the Committee is concerned that children who have been victims of trafficking, and subsequently return, or are repatriated to the State party, may be subject to criminal punishment.

The Committee recommends that the State party ensure that trafficked children are regarded and protected as victims and not criminalised, and that they are provided with adequate recovery and social reintegration services and programmes. The Committee also invites the State party to consider ratifying the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. (Paragraphs 67 and 68)

UN Committee on the Elimination of Discrimination against Women
Last reported: 18 July 2005
Concluding Observations issued: 22 July 2005

In the light of the widespread famine and natural disasters that have affected the country from the mid-1990s, the Committee expresses concern about the insufficient explanation provided with respect to the impact of those phenomena on women, in particular on women from rural areas, on women who are the main providers of the household and on young girls. The Committee is concerned that they may become vulnerable to trafficking and other forms of exploitation, such as prostitution.

The Committee urges the State party to introduce specific poverty alleviation measures aimed at improving the situation of women to eliminate their vulnerability. The Committee recommends that the State party seek international assistance in guaranteeing that women, particularly women from rural areas, have equal access to food supplies. It urges the State party to assist women economic returnees who went abroad without valid travel permits to reintegrate into their families and society and to protect them from all forms of violations of their rights. It calls on the State party to train law enforcement officials, migration officials and border police on the causes, consequences and incidence of trafficking and other forms of exploitation so as to enable them to render support to women who might be at risk of becoming victims of trafficking or commercial sexual exploitation. It also recommends that the State party conduct nationwide awareness-raising campaigns on the risks and consequences of trafficking targeted at women and girls. The Committee further urges the State party to evaluate those phenomena and systematically compile information on them with a view to formulating a comprehensive strategy that includes measures of prevention, prosecution and punishment of offenders, as well as measures to rehabilitate and reintegrate victims. The Committee also urges the State party to intensify its efforts to deal with these phenomena through increased international, regional and bilateral cooperation. Information on the results of the research and progress made should be included in the next periodic report. (Paragraphs 59 and 60)

Universal Periodic Review (December 2009)

R - 32. Create and adopt a law that specifically addresses trafficked persons in the country and abolish all practices of penalising trafficked women and children for unlawfully exiting the country upon their deportation back to DPRK (Israel); (rejected)

___________________________________________________________________

Participation of children in society and the inability of the child to express his or her views

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee notes the State party’s efforts to promote and respect children’s right to express their views and to participate in society, such as children’s newspapers and magazines, news boards in schools and contests. Nevertheless, the Committee notes with concern that the existing structures for child participation may limit children’s right to express their views in schools and in the community at large.

The Committee recommends that the State party further promote, facilitate and implement in practice, within the family, schools, the community level, in institutions as well as in judicial and administrative procedures, the principle of respect for the views of children and their participation in all matters affecting them. In this regard, the Committee draws the attention of the State party to article 12 of the Convention and the recommendations adopted by the Committee after the Day of General Discussion on the right of the child to be heard in 2006. (Paragraphs 25 and 26)

UN Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea
Country visit: 3 to 10 November 2005
Report published: 23 January 2006

Interestingly, there is a lesson learned from the use of children in cultural activities. As noted by an observer:

Despite the numerous social activities of the child, this social participation is not by spontaneity and creativity of social participation, but is compulsory. Even in the mass games performed by 100,000 at the Arirang festival, the testimonies of defectors show how wearisome the training for the group gymnastics is. The defectors said that during the mass game practice, the trainees were prohibited from going to the restroom and taking a rest so that it was frequently witnessed that numerous students fell ill with diseases such as nephritis ... If the child is forcibly mobilised to collective events, or is forced to live in the predetermined structure, this is not the true meaning of the right to participation. (Paragraph 30)

___________________________________________________________________

Ill-treatment of asylum-seeking, refugee or migrant children if returned to DPRK

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee is concerned about the information received that children have been subjected to severe ill-treatment while in detention, including street children (kkotjebis), children who crossed the border without permission and other children taken into custody of the police or other state agencies. (Paragraph 31)

While noting the State party’s position that there are no refugee children in the State party, the Committee is concerned about children who cross the border into neighbouring countries who may face harsh treatment upon return or repatriation.

The Committee recommends that the State party ensures that no persons under the age of 18 are subjected to punishment for leaving the territory of the State party without due authorisation. (Paragraphs 55 and 56)

UN Committee on the Elimination of Discrimination against Women
Last reported: 18 July 2005
Concluding Observations: 22 July 2005

The Committee urges the State party to introduce specific poverty alleviation measures aimed at improving the situation of women to eliminate their vulnerability. The Committee recommends that the State party seek international assistance in guaranteeing that women, particularly women from rural areas, have equal access to food supplies. It urges the State party to assist women economic returnees who went abroad without valid travel permits to reintegrate into their families and society and to protect them from all forms of violations of their rights. (Paragraph 60)

Universal Periodic Review (December 2009)

P - 15. Undertake a review of national criminal and immigration legislation to ensure its compatibility with international obligations of the Government, in particular regarding the right to freedom of movement of individuals, in response to the recommendations of the Committees on Civil and Political Rights, on Economic, Social and Cultural Rights and on the Rights of the Child (Mexico); (pending)

R - 32. Create and adopt a law that specifically addresses trafficked persons in the country and abolish all practices of penalising trafficked women and children for unlawfully exiting the country upon their deportation back to DPRK (Israel); (rejected)

___________________________________________________________________

Torture or other cruel, inhuman or degrading treatment of children, including collective punishment

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee is concerned about the information received that children have been subjected to severe ill-treatment while in detention, including street children (kkotjebis), children who crossed the border without permission and other children taken into custody of the police or other state agencies.

In light of article 37 (a) of the Convention, the Committee strongly recommends that the State party:

a)Include a provision in its domestic legislation prohibiting children from being subjected to torture and establishing appropriate sanctions against the perpetrators of torture;

b)Investigate and prosecute all cases of torture and ill-treatment of children;

c)Ensure that alleged perpetrators are suspended while they are under investigation, and punished if convicted, and that court proceedings and sentences are publicised;

d)Train law enforcement personnel on child rights issues; and

e)In the light of article 39, take all appropriate measures to ensure the physical and psychological recovery and social integration of child victims of torture and/or ill-treatment; and

f) Consider ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and its Optional Protocol. (Paragraphs 31 and 32)

Universal Periodic Review (December 2009)

R - 27. Abolish the practice of torture, cruel, inhuman and degrading treatment, including the collective punishment of families, as reported by the Special Rapporteur, and amend national legislation to prohibit the torture and other ill-treatment of children, as recommended by the Committee on the Rights of the Child; (Israel); (rejected)

R - 29. End collective punishment of families, especially against children (Slovenia); (rejected)

___________________________________________________________________

Economic exploitation of children and child labour

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee notes with concern the scarcity of information with regard to children and hazardous labour in the State party. While noting that the Constitution of the State party prohibits child labour, the Committee is also concerned children allegedly engage, as part of their schooling, in work which by far exceeds vocational education goals and is physically highly demanding. The Committee further notes with concern that the labour laws of the State party do not prohibit harmful or hazardous work for children aged under 18.

The Committee recommend that the State party take urgent measures to monitor and address exploitative forms of child labour, by, inter alia:

a)Amending the labour laws, applicable to all places of employment, including industrial complexes, to explicitly prohibit employment of children under 18 in harmful or hazardous work;

b)Ensure that work performed by children as part of their schooling does not jeopardise their right to education and/or their physical and mental health;

c)Improving monitoring mechanisms, including by strengthening the labour inspectorate, in order to enforce existing labour laws and protect children from economic exploitation; and d)Consider joining the International Labour Organisation (ILO) with a view to ratifying the Worst Forms of Child Labour Convention (No. 182) and the Minimum Age for Admission to Employment Convention (No. 138). (Paragraphs 59 and 60)

Universal Periodic Review (December 2009)

P - 1. Ratify the Convention on the Elimination of the Worst Forms of Child Labour (ILO Convention No. 182), CED, ICERD, CAT and its Optional Protocol, the ICRMW and CRPD (Chile); (pending)

P - 10. Consider joining ILO and accede to and implement its core conventions, in particular Nos. 29, 105 and 182, on child and forced labour (Brazil); (pending)

P - 16. Amend the Labour Law of the Industrial Complex of Kaesong and incorporate the minimum age of 18 years for work hazardous to the health, security or morality of minors (Spain); (pending)

R - 33. Take immediate action to cease the practice of forced labour, including in detention facilities, and take urgent measures to ensure that children are not forced to participate in mobilisation projects (United States); (rejected)

R - 34. Take effective measures against the practice of forced labour, including child labour and join ILO (Italy); (rejected)

___________________________________________________________________

Children involved in armed conflict and the military training of children

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

While noting that the State party is “still in the state of armistice and under constant threat and pressure from outside hostile forces” (State party report, para. 89), the Committee notes with concern the negative impact of such political climate on children in the State party. In particular, the Committee is concerned about the vulnerability to socio-economic deprivation, and the military aspects of education, which could have a negative impact on the realisation of the aims of education as described in article 29 of the Convention.

In light of article 38 and other related articles of the Convention, the Committee recommends that the State party protect children from the effects of the 1953 armistice or other strife within the State party, in particular, by:

a) Ensuring that the protection and promotion of children’s rights are given due consideration in efforts to reach peace negotiations/ceasefire agreements;

b) Ensuring that recruitment is genuinely voluntary when recruiting children, and that priority will be given to the oldest applicants;

c) Taking all necessary measures to avoid the early militarisation of children, in particular in schools, by inter alia, taking into account article 29 of the Convention on aims of education;

d)include peace education in school curricula and to encourage a culture of peace and tolerance within schools; and

e)Considering the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict at the earliest opportunity. (Paragraphs 57 and 58)

Universal Periodic Review (December 2009)

R - 30. Abolish military training for children (Slovenia); (rejected)

___________________________________________________________________

Inadequate and inappropriate juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, January 2009)

The Committee notes that in cases of crimes committed by children between the age of 14 and 17, the child is subject to “public education measures”. In this regard, the Committee regrets the lack of information provided by the State party on these measures, specifically, how and by whom the decision is made to commit a child to these measures; what procedural guarantees exist; what types of sanctions are imposed as “public education measure”; their duration; and whether they fully respect the rights of the child as provided by the Convention.

Furthermore, the Committee regrets that the State party has not developed a full-fledged juvenile justice system in compliance with the Convention and other relevant United Nations standards.

The Committee reiterates its previous recommendation (CRC/C/15/Add.239, para. 65 (d)) to the State party to provide in its next periodic report detailed information on how the non-judicial approach of the State party conforms to the human rights safeguards enshrined in articles 37, 39 and 40 of the Convention and the nature and application of “public education measures”.

The Committee also urges the State party to bring the system of juvenile justice, applicable to children aged between 14 and 18, fully in line with the Convention, in particular articles 37, 40 and 39, and 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 Bejing 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) and the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No.10 (2007) on children's rights in juvenile justice. In this regard, the Committee recommends that the State party in particular:

a) Consider the establishment of juvenile courts and the appointment of trained juvenile judges in all regions of the State party;

b) ensure that all professionals involved with the system of juvenile justice are trained on relevant international standards;

c) take a holistic approach to addressing the problem of juvenile crime (e.g. addressing underlying social factors) advocated in the Convention, using alternative measures to detention such as diversion, probation, counselling, community service or suspended sentences, wherever possible;

d) ensure that children, before any form of sanctions, including “public education measures”, are provided with legal and other assistance at an early stage of the procedure;

e) ensure that children are provided with basic services (e.g. schooling and healthcare) during the entire procedure;

f) ensure that punishment imposed, including “public education measures”, do not involve any form of corporal punishment;

g) establish an independent child-sensitive and accessible system for the reception and processing of complaints by children and investigate, prosecute and punish cases of violations committed by law-enforcement personnel and prisons guards; and

h) be guided in this respect by the United Nations Guidelines on Justice in Matters involving Child Victims andSocial Council resolution 2005/20).

Furthermore, the Committee strongly recommends that the State party consider seeking technical assistance in the area of juvenile justice from UNICEF and the UN Interagency Panel on Juvenile Justice. (Paragraphs 69 to 73)

Universal Periodic Review (December 2009)

P - 15. Undertake a review of national criminal and immigration legislation to ensure its compatibility with international obligations of the Government, in particular regarding the right to freedom of movement of individuals, in response to the recommendations of the Committees on Civil and Political Rights, on Economic, Social and Cultural Rights and on the Rights of the Child (Mexico); (pending)

R - 20. Establish a moratorium on executions with a view to the rapid abolition of the death penalty, and in the immediate future, respect minimum international standards, including the right to a fair trial, the limitation of the death penalty to the most serious crimes, as well as the non application of the death penalty to minors, pregnant women and persons suffering from mental diseases (France); (rejected)

Countries

    Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.