LEBANON: CHILDREN'S RIGHTS REFERENCES IN THE UNIVERSAL PERIODIC REVIEW

Submitted by ssaliba on Sat, 26/03/2016 - 17:30

Lebanon - Twenty Third Session - 2015

2 November 2015- 14:30 - 18:00

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National Report

Compilation of UN Information

Stakeholder Information

Accepted and Rejected Recomendations

National Report

I. Introduction

1.Lebanon accepted and undertook to implement 69 of the 123 recommendations made to it during the universal periodic review, which focused on the following areas:..

VII. Rights of the child;..

III. Main developments in national plans and in the creation and development of governmental bodies for the promotion and protection of human rights

9. With regard to the Lebanese State’s compliance with international treaties and promotion of respect for human rights in Lebanon, the Parliamentary Committee on Human Rights and the Parliamentary Committee on Administration and Justice assiduously studied, discussed and approved:

The National Human Rights Plan, which was launched by the Parliamentary Committee on Human Rights on 10 December 2012 for the period from 2014 to 2019. It was approved in the form of a recommendation and referred to the plenary of the Chamber of Deputies. Twenty-one sections or subjects are addressed in the Plan under the following headings:
Independence of the judiciary;; rules governing investigation and detention;; torture and inhuman or degrading treatment; enforced disappearance; prisons and detention centres; the death penalty; freedom of opinion, expression and information; freedom of association;; freedom from interference with privacy (eavesdropping); the right to employment and social security; the right to health;; the right to education; the right to housing; the right to culture; the right to a safe environment; women’s rights; rights of the child; rights of persons with disabilities; rights of migrant workers; social and economic rights of Palestine refugees; social and economic rights of non-Palestinian refugees.

Periodic reports and visits by international human rights delegations to Lebanon

15. Lebanon submitted its report on the Convention on the Elimination of All Forms of Discrimination against Women in May 2014. It submitted its periodic reports on the Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights in the first half of 2015. It is currently preparing the country’s reports on the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It is expected that some of these reports will be ready for submission prior to the date on which the universal periodic review report is discussed.

22. Intensify efforts to spread a culture of human rights through educational curricula and awareness-raising campaigns, and continue efforts to strengthen human rights:..

- The Lebanese army organized two one-week courses for university students on international humanitarian law in January and September 2014. In addition, a number of lectures on international humanitarian law were delivered in schools and universities during the 2014 academic year;..

23. In addition to the curriculum, a National Charter for Education on Living Together in Lebanon in the framework of inclusive citizenship was published.

A Peacebuilding and Conflict Resolution Programme was implemented during the period from 2007 to 2013. A number of secondary-school teachers were trained in conflict resolution and reliance on dialogue and non-violence in dealing with others. Texts with four titles were circulated. Each one dealt with a specific human right and described how it could be achieved. In addition, the Programme organized training courses in peacebuilding for young people in 12 clubs in 12 private universities. It also created a national alliance for reconciliation and openness involving 10 peacebuilding associations;;
In 2011 the United Nations Children’s Fund (UNICEF) organized training courses for teachers, in cooperation with the social movement, on citizenship/discrimination/violence/conflict resolution. There has been considerable progress in recent years in the area of human rights in Lebanon. The Government’s action in support of a human rights culture, especially in the field of education, has produced the following results:
Increased expertise throughout the country in human rights education;
Publication of material that supplements the existing standard educational curriculum and focuses on human rights norms, for instance supplementary material on citizenship that embraces religious diversity, and supplementary material on reproductive health;;
Development of educational material for the first cycle of basic education that builds pupils’ confidence in their abilities and hence develops their personalities in a manner conducive to the assumption of responsibilities and the performance of duties;;
Development of educational methodology, and organization of extracurricular activities and activities in young peoples’ clubs that have a human rights dimension;;
Organization of human rights awareness-raising campaigns in educational establishments;;
Development of a human rights culture in educational establishments;
Development of partnerships and cooperation programmes with governmental bodies, national institutions and Lebanese civil society organizations.

2. Rights of persons with disabilities (recommendations 80.2, 80.3, 80.4)

National Plan for the Integration of Persons with Disabilities

27. The National Plan for the Integration of Persons with Disabilities was launched in January 2012 as a cooperative initiative involving the Ministry of Education and Higher Education and the Centre for Educational Research and Development. Its content is consistent with the section entitled “Quality of Education for Development” of the Education Sector Development Plan, which the Chamber of Deputies agreed to implement on 23 April 2010. The following are some of the objectives of the Plan for the integration of people with special needs:

Broadening of the basis for admission to schools in line with the principle of equality of opportunity;
Improvement of the conditions, circumstances and quality of basic education;
Development of mechanisms to cater for all kinds of deficiencies with a view to compensating for inadequate family environment capacities of the most vulnerable social groups;
Consideration of school support arrangements for persons with disabilities;
Special training for some teaching staff in methods of instruction and support for persons with disabilities;;
Establishment of integrated schools with the requisite structures and equipment;
Monitoring of the quality and suitability of curricula for different groups of students.

28. a view to integrating people with special needs into public schools, thereby guaranteeing their educational welfare, rights and services. A special education unit was established pursuant to Decree No. 27 of 2012 with Decree No. 595 of 2013 proclaimed 22 June as the National Day of Students with Learning Difficulties.

31. Other related services are also provided (wheelchairs, help for incontinence, prevention of infertility, etc.) and special care is afforded to children with disabilities.

32. Every person with a disability in Lebanon is issued with a personal disability card granting him or her all social, health-care, educational and other rights.

6. Elimination of all forms of discrimination against women (recommendations 80.22, 80.23, 80.24, 80.25, 80.26, 81.14, 81.15, 81.16, 81.17)

51. The following steps have been taken to strengthen efforts to eliminate discrimination against women in law and practice:

Enactment of a law on protection of women from domestic violence

52. On 1 April 2014 the Lebanese Chamber of Deputies adopted Act No. 293 on “Protection of women and other family members from domestic violence”. The Act highlights the need to focus on protective measures for women that supplement the protection provided by the Criminal Code.

53. The Act defines domestic violence as follows: “Any act or omission or any threat thereof committed by one member of a family, as defined by law, against one or more other family members is deemed to constitute one of the crimes defined by this Act where it results in death or in the infliction of physical, psychological, sexual or economic harm.” According to Lebanese jurisprudence, moral violence is covered by the definition of family violence contained in the Act.

54. The Act prescribes more severe penalties for persons who force minors and women to beg or to commit acts of debauchery, depravity or prostitution. More severe penalties are also prescribed for acts perpetrated within the family. The penalty is doubled if the crime is accompanied by an act of violence or a threat thereof, especially if the crime is committed by one spouse against the other. The new Act amended articles 618, 523, 527, 547, 559, 487, 488 and 489 of the Lebanese Criminal Code. The amendments protect minors, women and wives from violence and threats thereof within the family.

55. Under article 4 of the Act, appeal prosecutors can appoint one or more public prosecutors in each governorate to receive complaints concerning cases of family violence. Article 5 provides for the establishment by the Directorate General of the Internal Security Forces of a special division on domestic violence crimes to respond, on behalf of the judicial police, to any complaints received. The Act specifies the role of the judicial police in receiving and investigating complaints, proceeding to the scene of the crime without delay, and listening to the victims and witnesses of family violence, including the parents of minors, in the presence of social workers. The judicial police are required to inform victims of their right to obtain a protection order for themselves and for children of whom they are the legal guardians, the right to obtain the assistance of a lawyer, and other rights set forth in article 47 of the Code of Criminal Procedure.

56. The Act provides for the establishment of a special fund, financed by means of budgetary appropriations and donations, to provide care and assistance to victims of domestic violence, to fund measures aimed at preventing and eliminating crimes o f domestic violence and at rehabilitating the perpetrators, to prevent the person who caused the harm from approaching the victim or from entering the family home, and to move the victim and other persons facing threats to a temporary safe shelter.

The issue of amendment of the Lebanese Nationality Act

59. There are still conflicting views regarding the issue of amendment of the Nationality Act to entitle women to transfer their nationality to their husbands and children.

60. A ministerial committee was established to amend the last paragraph of article 4 of Act No. 15 of 19 January 1925 (Nationality Act) with a view t o recognizing the right of a Lebanese woman to transfer her nationality to her husband and children. That decision constituted a positive first step towards addressing the issue. (The decision was adopted by the Council of Ministers at a meeting held on 21 March 2012.)

61. The National Commission for Lebanese Women prepared a study and a proposed bill concerning Lebanese women’s right, just like Lebanese men, to transfer their nationality to their children, based on a comprehensive study of the subject of nationality. Steps are being taken to submit the proposed bill to the Chamber of Deputies, in coordination with civil society organizations, with a view to recognizing the right of Lebanese women to transfer their nationality directly to their children.

62. On 13 June 2012 the National Commission requested the Secretary-General to the Prime Minister’s Office to refer the draft amendment to the Nationality Act to the relevant ministerial committee. The ministerial committee rejected the amendment to the Nationality Act and proposed the following measures:

Granting of a free permanent residence permit to the Lebanese woman’s husband and children in place of the courtesy visa;
The right to education and admission to all public and private Lebanese colleges, schools and universities on the same basis as Lebanese citizens;..

63. Secondly, Decree No. 4176, which was adopted on 31 May 2010, grants courtesy residence permits to the foreign husband of a Lebanese woman who has been married to her for a year, and also to children born to a Lebanese woman from a foreign husband, irrespective of whether they are adults or minors and of their employment status. A foreigner is any natural person of non-Lebanese nationality, in accordance with the provisions of article 1 of the Act of 10 July 1962 (Act regulating entry into Lebanon, residence in the country and departure), and any text that is inconsistent with this clause is null and void.

64. With regard to employment, the Minister of Labour decides each year on whether to grant the foreign husbands and children of Lebanese women who are resident in Lebanon the right to employment, even in professions that are restricted to Lebanese citizens.

Women prisoners

67. The following action has been taken in this regard:

Development of an action plan on intervention by the Ministry of Social Affairs in Lebanese prisons in 2013 and 2014, which focuses on the following areas: reception and listening;; psychosocial interventions;; protection;; meeting the basic needs of pregnant women prisoners and newborn babies;
Improvement of the conditions in women’s prisons and the quality of life of the inmates;; promoting their social and economic empowerment;; providing care for mothers, pregnant women and their children, particularly infants; enhancement of the role of the Ministry of Social Affairs in networking with official, civil society and private institutions that are active in the area of women’s prisons.

The following action has been taken in this context:

Monitoring of the social, family and health conditions of pregnant women and their babies born in women’s prisons by:
Meeting the basic needs of newborn babies;;
Monitoring of the health of babies while they are with their mothers in prison;
Holding of numerous awareness-raising meetings with women inmates concerning their reproductive health.

7. Rights of the child (recommendations 81.18, 81.21, 81.25, 81.27)

80. The Higher Council for Childhood, which reports to the Ministry of Social Affairs, is the national framework responsible for coordinating action by the public and private sectors to promote child welfare and development in accordance with international treaties, particularly the Convention on the Rights of the Child, and in cooperation with relevant international organizations.

81. The Higher Council for Childhood seeks to implement general principles governing children’s rights with a view to improving the situation of children in Lebanon and guaranteeing their right to survival, development and protection.

82. The Council was established in 1994 by Council of Deputies Decision No. 29/94. It is presided over by the Minister of Social Affairs, with the Director General of the Ministry as Vice-President, and is composed of members of several ministries, civil society institutions and international organizations that are active in the area of children’s rights.

83. The General Secretariat of the Higher Council for Childhood, which is composed of a Secretary General and a multidisciplinary working group, coordinates and implements national action plans and strategies.

84. Annex 7 provides an overview of key developments and achievements of the Higher Council for Childhood since 2010.

85. The following action has been taken against child labour: Government measures to combat child labour:

The National Committee for the Elimination of Child Labour, in cooperation with the International Programme on the Eliminatio n of Child Labour (IPEC), launched a “National Action Plan to Eliminate the Worst Forms of Child Labour in Lebanon by 2016” sponsored by the President of the Lebanese Republic on 7 November 2013. It was published on the website of the Unit to Combat Child Labour and to Eliminate the Worst Forms of Child Labour (www.clu.gov.lb);
The Ministry of Labour, in cooperation with the International Labour Organization, applied for the requisite funding for the National Action Plan, the organization of workshops on the subject and the national awareness-raising strategy. It received financial and technical support from the International Labour Organization and the International Programme on the Elimination of Child Labour. The Plan is currently being implemented;
After the launching of the national strategy to combat child labour, a study of the child labour situation in Lebanon, including that of children working on the street, was prepared in the framework of the National Committee for the Elimination of Child Labour, in which the Ministry of Social Affairs is represented;
Establishment of a National Committee for the Elimination of Child Labour, presided over by the Minister of Labour, pursuant to Decree No. 5137 of 1 October 2010. The Committee is tasked with preparing and overseeing the implementation of programmes, plans and projects aimed at combating child labour, in coordination with the International Labour Organization and the International Programme on the Elimination of Child Labour, and in coordination and cooperation with other relevant Arab international organizations, and with civil society and national institutions and committees, ministries and administrative bodies;
The Chamber of Deputies adopted Decree No. 8987 on 29 September 2012, which prohibits the employment of minors under 18 years of age in jobs that may jeopardize their health, safety or morals.

86. With regard to support for demeaning activities, the commander of the Lebanese Armed Forces have signed agreements with governmental and non-governmental bodies and are expanding the agreements to include awareness-raising programmes concerning demining risks. Actin is being taken to remove mines from all parts of Lebanese territory.

87. The Lebanese Mine Action Centre was established on 15 April 1998. The Chamber of Deputies adopted Decree No. 10 of 21 May 2007, which sets out the national mine action policy in Lebanon and lays the basis for regulating and codifying the institutional framework for such action. It also helps to attract foreign fundin g and assistance for action against the adverse socioeconomic and environmental impact of landmines and unexploded ordnance on the population.

88. Annex 8 lists mine-related activities in Lebanon.

89. With a view to the integration of children with disabilities, as far as possible, into formal education, in accordance with an inclusive educational approach, the Lebanese State provides the following services:

The State covers the cost of special education or vocational training for persons with disabilities at the request of the Ministry of Social Affairs, on the basis of contracts with the establishments concerned;
Special conditions are established to ensure that students with disabilities holding a personal identity card can participate in all classes and examinations at every level of school, vocational and university education, such as: adaptation of entrances, classrooms and lecture halls;; specification of the time allotted for competitive examinations;; formulation of questions by accessible means (embossed characters, large print, typewriters, translation into sign language, etc.);
The Committee on Education for Persons with Disabilities and Special Needs established by Decree No. 11853 if 11 February 2004 is tasked with organizing their education, providing technical, artistic and educational advice and assistance, and preparing comprehensive projects for the establishment of a national audio library and a Braille printing house, and for the standardization of sign language. A Subcommittee on Special Education has also been established to provide the Committee with information and expertise on the educational requirements of special centres and institutions;
Determination of the situation of persons with special educational needs who wish to take the official intermediate certificate examination and establishment of a committee to study each student’s file;;
Establishment of centres that are qualified and equipped to host various groups of persons with special educational needs, including those suffering f rom chronic illness and who are hospitalized (cancer, thalassemia);; specification of their location in accordance with a special system that matches the cases classified by the competent committee;
Decree No. 320 of February 2011 concerning the integration of persons with special needs into a number of public schools;;
With regard to the safety of children on the Internet, the Centre for Educational Research and Development issued a “Safety of children on the Internet project” under the Education Sector Development Plan (2010-2015), which is based on the premise that the family, society and the State are jointly responsible for children’s physical, mental and psychological education and safety. The Centre therefore implemented the project with a view to creating a safer environment on the Internet for children, parents and caregivers, raising children’s awareness, offering them guidance and building their capacity to protect themselves, and raising parents’ awareness to enable them to communicate, engage in dialogue and show understanding for their children.

With regard to the right to health, the following is a description of the health-care situation in Lebanon:

93. The Lebanese State allocates a large part of its revenue to health care. Notwithstanding the difficult economic situation, the ministries and public-sector institutions play an important role in many health-related areas such as awareness- raising (for instance through outreach programmes, awareness -raising campaigns and school-based medical care) and arranging for checkups to ensure the early diagnosis of certain illnesses (such as diabetes and breast cancer). They also provide for safe sewage and waste disposal and for supplies of safe drinking water, and seek to address air pollution problems stemming from technological progress and climate change.

94. About 93 per cent of the population of Lebanon have public health insurance, while 7 per cent have private health insurance. The Ministry of Public Health ensures coverage for at least 50 per cent of Lebanese people who lack public health insurance by arranging health services and treatment either through private hospitals (by means of special model contracts) or public hospitals that offer services at lower rates than those charged by the private sector. It also arranges for the provision of basic health - care services (such as mother and child care and mandatory vaccination services).

98. With regard to the right to education for all, annex 10 provides an overview of the educational situation in Lebanon.

Benefits provided under the Programme
102. All families designated as beneficiaries of the Programme receive the following benefits approved by the Council of Ministers in the Decree adopted on 23 November 2011:

Full health-care coverage in public and private hospitals;;
Coverage of the cost of medication to treat chronic illnesses and of the services provided by the centres run by the Ministry of Social Affairs;;

Free enrolment of students in public primary and secondary schools, guaranteed payments to the school fund and parents council, and coverage of the cost of textbooks at the secondary level;

Ensure that education covers the whole of Lebanese territory, including areas inhabited by Palestine refugees

103. While reaffirming that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is responsible for ensuring access to education for Palestine refugees under its education programme, Lebanon has not shirked its moral responsibility for the Palestine refugees present in its terr itory. In practice, it has treated Palestinians and their Lebanese classmates equally along the following lines.

104. The Internal Regulations governing kindergartens and basic education in public schools (1130/M/2001) stipulates that “a condition for the admission of a new pupil is that he or she is Lebanese”. However, “in cases where vacancies remain in the school, non-Lebanese pupils may be admitted”. In practice, as vacancies usually exist in schools, there are no obstacles impeding the admission of Palestinian pupils to Lebanese public schools and their equal treatment with Lebanese pupils in terms of applications for enrolment and the requisite documents and fees.

105. Lebanese and Palestinian pupils are admitted to Lebanese private schools without any form of discrimination.

106. With regard to admission to Lebanese public vocational and technical schools and colleges, article 1 of Decree No. 2002/174 of the Directorate General of Technical and Vocational Education, which is applicable to Palestinians, stipulates that the number of new foreign students to be admitted to such establishments shall be three students per college/school for each specialized discipline and each different level, with the exception of the technical and vocational education teachers’ degree. If a specialized field of study is composed of more than one discipline, two students may be admitted for each discipline.

107. With a view to facilitating the admission of Palestinian pupils and students to different categories and levels of private schools and to the Lebanese University and private universities, the Minister of Education and Higher Education issued circular No. 7/M/2010 of 3 February 2010 calling on all decision makers in public and private schools, and in the Lebanese University and other private universities, to admit Palestinian pupils and students on production of an identity card issued at least three years previously, provided that they met the other requirements for enrolment.

108. Notwithstanding the major inflow of Syrian displaced persons into Lebanon, the Minister of Education and Higher Education issued circular No. 25/M/2014 on 18 September 2014 calling on principals of public schools (first, second and third cycles) to apply the limit applicable to the enrolment in basic education (first, second and third cycles) of returning or new Palestinian students resident for more than three years in Lebanon, who are without access to UNRWA schools in their geographical area of residence.

109. In the context of measures by the Lebanese-Palestinian Dialogue Committee and the Ministry of Education and Higher Education to facilitate and improve access to education for Palestinian students, and to provide them with the education and practical training they require to contribute to the development of Palestinian society in Lebanon, a “Palestinian Student’s Guide to Lebanese Educational Institutions” was published in 2012 in response to questions raised by Palestinian students (and their families). The Guide is intended to assist students in surmounting any obstacles they may encounter in seeking to complete their education in Lebanese educational institutions and clarifies the administrative requirements for enrolment.

The situation of Syrian displaced persons in Lebanon

113. A ministerial committee was established to monitor the situation of the displaced persons. It is chaired by the Prime Minister and composed of representatives of the Ministry of Foreign Affairs and Emigrants, the Ministry of Social Affairs, the Ministry of Public Health, the Ministry of Education and Higher Education, the Ministry of National Defence, the Ministry of the Interior and Municipalities, and the High Relief Commission. A mechanism was also established to coordinate relief efforts, focusing on the following basic sectors: health, education, shelter, food and social affairs.

Key responsibilities of the Ministry of Social Affairs

Monitoring of the social situation of displaced persons, particularly children and women;; arranging, where necessary, for psychosocial support;; and protecting children at risk as well as those with special needs;

117. With effect from the 2013-2014 academic year, the Ministry of Education and Higher Education has provided Syrian students with access to afternoon classes in schools located in all Lebanese governorates. The school cannot accommodate the students, owing to their growing numbers, during the regular daytime hours. The Ministry has contracted teachers in the schools concerned to provide tuition based on the Lebanese curriculum, and the United Nations covers the cost of salaries for the teachers under contract, students’ enrolment fees, books, transport and stationery.

Compilation of UN Information

I. Background and framework

A. Scope of international obligations

International human rights treaties

1. The United Nations country team reported that Lebanon had not ratified any human rights or labour rights instruments since 2010 and had not withdrawn its reservations to CEDAW, despite accepting several universal periodic review recommendations to that effect.11 The United Nations Children’s Fund (UNICEF) encouraged Lebanon to ratify OP-CRC-AC.12 The Office of the United Nations High Commissioner for Refugees (UNHCR) recommended that Lebanon withdraw its reservations to articles 9 (2) and 16 of CEDAW.13

B. Constitutional and legislative framework

7. The country team, noting the increase in child marriage among Syrian refugee girls, called on Lebanon to accelerate the adoption of the draft law regulating the marriage of minors. The ILO Committee of Experts on the Application of Conventions and Recommendations noted the promulgation in 2011 of Act No. 164 on trafficking in persons, and the country team urged Lebanon to strengthen the capacity of law enforcement agencies for the implementation of that Act.

8. The country team noted that, in 2013, the ILO Committee had requested that the Government adopt the pending amendments to the Labour Code regarding the prohibition of the worst forms of child labour, as the vulnerability of many households in Lebanon was forcing children into some of the worst forms of child labour and exploitation.

10. UNHCR and the country team, noting that there was no comprehensive domestic legal framework on the treatment of asylum seekers and refugees, especially children, recommended developing a specific legal framework defining and protecting their rights and freedoms, given that the 1962 law regulating entry, stay and exit from Lebanon did not distinguish asylum seekers and refugees from other migrants.28 UNHCR recommended that Lebanon amend that law with a view to decriminalizing the illegal entry or presence of asylum seekers and refugees who were registered with UNHCR, and that it lower the cost of residence permit renewal.

11. UNICEF noted that gaps remained in the harmonization of national legislation with CRC and with its enforcement, and that the increase in the age of criminal responsibility from 7 to 12 years had still not been enshrined in law.30 It urged Lebanon to accelerate the revision of law 422/2002 on the protection of minors in conflict with the law to ensure full compliance with CRC.

12. UNICEF noted that the enforcement of the laws regulating the removal of children from the care of their families remained weak. It recommended promoting foster care and stated that placements must be reviewed periodically.

15. The same Committee urged Lebanon to take the measures necessary to ensure that the amendments to the Labour Code were urgently adopted to bring it into line with ILO Worst Forms of Child Labour Convention, 1999 (No. 182), taking into consideration the Committee’s comments on discrepancies between national legislation and that Convention. It urged the Government to raise the minimum age for admission to work to 15 years.

C. Institutional and human rights infrastructure and policy measures

19. UNICEF, noting that significant progress had been achieved in the light of the amendment of law 686 increasing the age of compulsory education from 12 to 15 years or to grade 9, emphasized the need to ensure that the law was implemented for all children.

20. UNHCR noted that, on 23 February 2015, the General Security Office had issued a new set of regulations regarding the entry and stay of migrants. Thereafter, Syrians wishing to enter Lebanon were admitted only for an approved reason, not including international protection, and upon presentation of valid identity documents. Refugees would only be admitted for exceptional humanitarian reasons still to be determined by the Ministry of Social Affairs. The country team and UNHCR recommended that Lebanon develop a specific legal framework defining and protecting the rights and freedoms of refugees, and integrate asylum-seeking and refugee women and children in national strategic plans.

II. Cooperation with human rights mechanisms

A. Cooperation with treaty bodies

22. UNICEF reported that, despite its technical and budgetary support to assist the Government in fulfilling its reporting obligations under CRC, there had been a lack of progress in that regard.

24. UNESCO encouraged Lebanon to submit its three pending reports under the Convention against Discrimination in Education.

III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination

29. UNICEF noted that discriminatory practices were prevalent against children with disabilities, foreign children, refugee children and children from poor Lebanese households.

30. UNESCO encouraged Lebanon to facilitate the participation in cultural life of communities, practitioners, cultural actors and non-governmental organizations from civil society and vulnerable groups, and to ensure that women and girls were given equal opportunities, in order to address gender disparities.

B. Right to life, liberty and security of person

36. During its inquiry mission, the Committee against Torture observed severe overcrowding in all the prisons it visited. It expressed serious concern over the conditions of detention, which could be described as cruel, inhuman and degrading, amounting to torture in some cases. It recommended preventing inter-prisoner violence. The ILO Committee requested Lebanon to indicate whether the work performed by prisoners for activities of public utility might be for the benefit of private individuals, companies or associations. UNICEF noted that children and adult prisoners were detained together in most detention facilities in Lebanon. Children arrested over charges of participation in terrorist activities were in some cases held for up to a month in military detention facilities prior to their transfer to facilities hosting adult prisoners awaiting trial for terrorism, under the responsibility of the Internal Security Forces.

38. UNICEF noted that, despite the efforts of the Government with the adoption of the 2012 action plan to eliminate the worst forms of child labour, obstacles to education and the socioeconomic situation of vulnerable households remained extremely worrying and resulted in children, including refugees, working for long hours under exploitative and unsafe conditions for substandard wages. Almost three quarters of street-based children in Lebanon had been found to originate from the Syrian Arab Republic. The ILO Committee strongly encouraged the Government to strengthen its efforts to improve the functioning of the education system, particularly by increasing the school enrolment rates, and to protect street children from the worst forms of child labour.

39. UNICEF noted that the protection of children against violence and exploitation was weak, with corporal punishment being lawful in the home, alternative care settings and penal institutions, and as a punishment for committing a crime.

40. UNICEF noted that domestic violence, sexual harassment and exploitation remained the main protection concerns for women and adolescent girls and boys, single heads of households and child mothers.

41. The Committee on the Elimination of Discrimination against Women noted that there were a number of legal lacunae in the anti-trafficking legislation and challenges regarding its implementation, and requested information on steps taken to review the laws that facilitated the sexual exploitation of women. The ILO Committee expressed its concern at the lack of data available on the trafficking of children, particularly girls.

C. Administration of justice, including impunity, and the rule of law

45. The country team called for the increase in the age of criminal responsibility from 7 to 12 years to be enshrined in law. It observed that there were still many gaps in the implementation of law 422/2002 on juvenile justice and that, proportionally, more non- Lebanese children than Lebanese children were subject to prosecution; the numbers were particularly high for Syrian children. UNICEF recommended the development of a mechanism for determining the best interests of children in judicial and non-judicial cases. UNHCR noted that refugee children were detained in juvenile prisons and the lack of alternatives meant that they were left in detention without appropriate protection, care and assistance.

D. Right to privacy, marriage and family life

51. UNHCR noted that under sharia law, the minimum age of marriage for girls was 9 years.UNICEF recommended that Lebanon ban child marriage. UNHCR noted that domestic violence, sexual violence and early marriage remained the main protection concerns for asylum-seeking and refugee women and girls.

H. Right to social security and to an adequate standard of living

65. UNICEF recommended that Lebanon make every effort to enable equal and equitable access to good quality services to every child in the country. The Special Rapporteur on slavery recommended that Lebanon ensure that the children of migrant domestic workers enjoyed access to basic rights such as identity, health care and education. UNICEF noted that at least half the Syrian and Palestine refugees in Lebanon were children. They were at higher risk of accessing unsafe water and sanitation conditions and faced barriers to access to quality education, health and social services.

I. Right to health

69. UNICEF reported that the Bekaa valley, Hermel and northern Lebanon had lagged behind the national average in 2012 with regard to a series of health indicators, notably access to safe water, hygiene and sanitation. UNICEF reported that failing water and wastewater infrastructure limited access to safe and sufficient water, affecting child health.

70. UNICEF noted that there was a lack of psychological services and that specialized medical services, such as for children who were suspected of being abused, were rare.

J. Right to education

72. UNICEF recommended that Lebanon continue and progressively implement free, compulsory and quality education for all children up to the age of 15. The country team noted that the percentage of Lebanese children enrolled in public schools had continued to drop owing to the perception that the teaching was of poorer quality in those schools than in private schools.

73. UNESCO recalled that Lebanon had rejected the universal periodic review recommendation that it remove obstacles to employment for Palestine refugees, give access to free education to all children of refugees and enable universal health care. The country team noted that the overall enrolments of Syrian refugee children remained critically low, with most Syrian youth of secondary school age out of school. UNHCR noted that the lack of educational opportunities for the majority of school-aged Syrian children was a significant challenge, with over 200,000 school-aged refugee children lacking access to age-appropriate education owing to the fact that the capacity of the public education system was overstretched.

74. The Special Rapporteur on freedom of religion stated that the education system in Lebanon reinforced the effects of economic stratification, leaving some children from economically poor families deprived of good opportunities to develop a positive experience of religious diversity in their school education.

K. Persons with disabilities

76. UNESCO noted that Lebanon had not implemented any additional measures to improve the integration of children with disabilities in mainstream education or to further promote vocational training.

81. The Committee on the Elimination of Discrimination against Women requested information on measures in place to protect refugee and asylum-seeking women and girls from gender-based violence, including sexual violence, and to protect refugee girls from child and forced marriage, which was often imposed by their families in the belief that doing so would protect them.

82. UNICEF and UNHCR noted the vulnerability of Syrian refugee children to economic exploitation through forced labour and sexual exploitation, early and forced marriage, and discrimination by host community members. UNHCR stated that refugee children who needed assistance required proper identification and safe referral. It noted the fragile national child protection system, especially for unaccompanied minors and separated children.

86. The country team observed that there has not been an official census since 1932.UNHCR noted that the exact figures on statelessness were not known, but could be as high as 200,000. UNICEF and the country team stated that the complex civil registration system was among the causes of statelessness and recommended that Lebanon ensure that birth registration was accessible to all children born in Lebanon, including refugee children and the children of maktoum al kayd (unregistered) stateless fathers.The country team and UNHCR recommended permitting registration after one year by facilitating late registration judicial cases.

Stakeholder Information

Information provided by stakeholders

A. Background and framework

1. Scope of international obligations

3. JS14 and JS20 recommended ratifying OP-CRC-AC and OP-CRC-IC and ensure its implementation.7 JS8 and BA recommended the ratification of the Hague Convention on Protection of Children and co-operation on inter-country adoption.

2. Constitutional and legislative framework

15. JS17, JS5, EN, JS24 MMM, FR, JS12, JS14, JS20 and GCENR reminded of the previous UPR recommendation on the right of women married to foreigners to pass their nationality to their children and called on amending the 1925 Nationality Law.31 AI, EN and HRW urged the HRC to encourage the government to remove discrimination under the nationality law including rights in marriage, divorce and inheritance, and the right of women to confer nationality onto their children and spouses.32 JS6 noted that discriminatory provisions continue to exist in personal status law, national laws, and the Criminal Code.33 HRW, JS17 and JS6 noted that the laws on Protection of Women and all Family Members from Domestic Violence (PWFMDV) defines domestic violence narrowly, and thus does not provide adequate protection from all forms of abuse, notably non- physical violence and marital rape.34 AI, HRW, JS18 and JS6 recommended amending relevant provisions in law to criminalize marital rape.35 HRW urged also amending the Citizenship law.

16. JS2 recommended immediately amending the law of 1962 regulating entry, residence and exit.37 NRC, WOC and JS12 were concerned with legal status of Palestinians living in refugee camps in Lebanon.38 HRW, JS14, AI, JS12 and NRC called for revoking the discriminatory 2001 Law No. 296 and provide Palestinian refugees with at least the same real estate rights as other non-Lebanese populations. AI and JS12 called for amending the Labour Law to allow Palestinians to have equal access to employment in all professions, equal wages, and job security. JS14 recommended granting identification documents to undocumented Palestinian refugees. JS4 recommended ensuring that all children within its territory, including the children of Palestinian refugees without identity documents, are registered in the civil register at birth. JS3 and JS12 also recommended granting identification documents for disabled Palestinian refugees. JS24 recommended the removal of all barriers to registering childbirth in refugee communities.

3. Institutional and human rights infrastructure and policy measures

28. JS14 and JS20 noted that Lebanon did not ratify the Protocol on the Involvement of Children in Armed Conflict despite accepted recommendations concerning the protection of children’s rights during the first cycle.

32. JS14 and JS20 noted that illiterate children is 42% and recommended considering the child labor phenomenon as a social problem and adopt a strategy to confront street child labor within the strategy to combat child labor.

C. Implementation of international human rights obligations, taking into account applicable international humanitarian law

1. Equality and non-discrimination

37. JS10, JS18 and JS5 observed that discrimination against women extends to the penal code, on issues like marriage, adultery, rape, abortion. They recommended ending all kinds of gender discrimination, ensuring the rights of a woman to property, inheritance, and disposition of her own money. JS18 recommended additional shelters for abused women. JS4 recommended Lebanon to eradicate all forms of discrimination against children, by ensuring equal opportunities in access to basic services.

2. Right to life, liberty and security of the person

39. Alkarama, KRC and JS19 deplored the overcrowding, health and social conditions, and recommended ensuring that conditions of detention comply with international standards and the Standard Minimum Rules for the Treatment of Prisoners. JS17 noted that minor offenders are often detained with adults in pre-trial detention facilities. JS11 noted that the practice of mixing adults and minors in prisons resulted in violence and abuse to the minors. JS11 urged improving prison conditions for all inmates including those on death row.88 Alkarama reported that in 2014, 63 per cent of prisoners were held in pre-trial detention, the duration of which can last several years. Alkarama reported numerous cases of arbitrary detention and mentioned that the practice of incommunicado detention is used especially in police custody and recommended releasing those arbitrarily detained.89 JS5 reported that female prisoners are exposed to various violations, such as lack of healthcare or potable water, respecting gender particularities and privacy.

40. JS17 and GIEACPC noted that Lebanon accepted a recommendation to “bring domestic law into full compliance with CRC”, while no recommendations were made during the UPR on corporal punishment. They hoped that states will call for the prohibition of all corporal punishment of children, including the home, and repeal the right to discipline “according to general custom” in the Penal Code.

41. JS17 noted that child labor in Lebanon is on the rise. There are over 100,000 children who are victims of child labor and illicit trade, vulnerable to exploitation and working in hazardous conditions, including recruitments in armed groups.

4. Right to privacy, marriage and family life

50. BA noted that in 2010, Lebanon took note of a recommendation on accelerating plans for the adoption and implementation of a national strategy for children. Illegal adoptions both at inter-country and domestic level still prevail in Lebanon. BA recommended adopting a civil legal framework to govern separation from the biological families as a last resort.

51. JS12 and JS6 noted that Lebanon does not protect children against early marriage since it has not specified an age for marriage. The absence of a unified Personal Status Law led to early childbearing as well as to a deterioration of physical and psychological health for underage girls and their children, and in some cases to death. JS6 encourage establishing a common age for marriage for all religious communities.

9. Right to health

66. JS20 observed that about half of the Palestine and Syrian refugees do not receive adequate health services, with overcrowding areas of refugees leading to the spread of diseases and infections. They recommended providing health coverage for all children and improving health services for all in rural areas and in areas where Palestinian and Syrian refugees live.

10. Right to education

67. JS9 noted the decrease in public spending on education and recommended enhancing the quality of public education, developing a new unified curriculum, establishing and implementing quality-oriented strategies especially for public schools in rural areas. JS14 also observed a decrease in public spending on education and recommended providing compulsory and free education for all, and increasing the age for the compulsory and free education to the age of 15 and guarantees the enrolment and education for Syrian refugee children. JS17 noted that the implementation of the law for free and compulsory education for all children less than 12 years of age is non-existent.1

68. JS4 recommended Lebanon to continue efforts to improve the quality of public education.

12. Persons with disabilities

70. JS15 noted that persons with disabilities (PWD), who represent 10 per cent of the population, suffer from marginalization. They called for developing national laws to guarantee all the rights of PWD and to adopt policies and procedures necessary to protect and promote their rights. JS9, JS15 and JS14 recommended recognizing the rights of PWD within an inclusive public educational system, adapting the school environment to their basic needs, and adopting a policy to secure their right in the work within an inclusive, open and accessible labor market.

71. JS1 observed that Lebanon failed to implement the provisions of the Law 220/2000 law, notably provisions relating to health, education, electoral, training, and labor placement services. JS1 recommended the implementation of the Law pertaining to the national Council on Disability.

13. Minorities and indigenous peoples

73. JS6 observed that Dom people are an ethnic minority among the most vulnerable and marginalized in the country. They live in extreme poverty with poor access to health and education, as illustrated by the word "Nawar" in Arabic. They encourage the implementation of an awareness strategy and a campaign to fight racism, prejudice and discrimination against Doms.

14. Migrants, refugees and asylum seekers

77. JS19, AI, JS12 and JS2 observed that Palestine refugees are conferred a foreign status according to which they cannot freely access some Lebanese public services such as health and education and cannot effectively exercise their right to work. They were disappointed that Lebanon rejected 11 recommendations related to Palestinian refugees and failed to implement the accepted recommendations. They were concerned that discriminatory laws and regulations relating to property, education and work continue to affect Palestinian refugees in Lebanon. JS1 recommended adopting a legal text to define and determine who is a Palestinian refugee as well as who is entitled to refugee status in Lebanon.

Accepted and Rejected Recomendations

132. The following recommendations will be examined by Lebanon, which will provide responses in due time, but no later than the thirty-first session of the Human Rights Council, in March 2016.

132.6 Withdraw its reservations to the Convention on the Elimination of All Forms of Discrimination against Women (Portugal) (Slovenia) (Croatia) (Paraguay); Take steps to withdraw its reservations to the Convention on the Elimination of All Forms of Discrimination against Women (Namibia); Lift the reservations to the Convention on the Elimination of All Forms of Discrimination against Women (Republic of Korea); Lift its reservation on Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women and allow women to pass the citizenship to their children (Norway); Review all reservations to the Convention on the Elimination of All Forms of Discrimination against Women, including the one related to article 9.2, with a view to withdrawing them (Uruguay);

132.9 Take further measures to eradicate discrimination against women, as prescribed by Article 3 of the International Covenant on Civil and Political Rights, by considering the withdrawal of its reservation to Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women and allowing women to pass on citizenship to their children in the same manner as men (Sweden);

132.11 Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Estonia) (Honduras) (Paraguay);

132.12 Consider the possibility of ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Panama);

132.19 Ratify the Convention on the Rights of Persons with Disabilities and effectively implement the national plan in order to make the education system open to children with disabilities (Italy);

132.30 Amend its legislation so that it treats equally all women and men with respect to marriage, divorce and inheritance rights as well as conferring citizenship to their children and spouses (Czech Republic);

132.31 Amend personal status laws and develop a comprehensive policy at the national level, consistent with the Convention on the Elimination of All Forms of Discrimination against Women, to ensure that women are treated in the same way as men in issues related to child custody, inheritance and divorce (Canada);

132.33 Pass laws that aim at ensuring equal treatment of women, in issues related to child custody, inheritance and divorce (Netherlands);

132.37 Adopt laws to increase the age of criminal responsibility and to eliminate child, early and forced marriage (Sierra Leone);

132.38 Make it easier for displaced persons in Lebanon, and their children, to obtain legal status in order to prevent any violation of fundamental rights recognised in treaties to which Lebanon is party; and develop a legal framework defining and protecting the rights and freedoms of those individuals (United Kingdom of Great Britain and Northern Ireland);

132.55 Consider the establishment of an independent mechanism for children and provide it with necessary human and financial resources (Slovakia);

132.120 Take appropriate steps to address acts of torture of all persons, including migrants in detention, and to tackle the phenomenon of child labour and ensure that all children of school going age have unimpeded access to education (Ghana);

132.126 Continue its efforts to combat domestic violence, sexual harassment and exploitation of women, in particular adolescents, women heads of households without a partner and girls with children (Colombia);

132.130 Ban child marriage (Holy See);

132.131 Ban child marriages and amend Law 422 of 2002 on the protection of minors in conflict with the law in order to raise the minimum age of criminal responsibility in compliance with international standards (Czech Republic);

132.133 Develop a strategy to combat child labour (Sierra Leone);

132.134 Implement measures to fight against child labour (France);

132.135 Take adequate measures to ensure full compatibility of national legislation with the provisions and principles of the Convention on the Rights of the Child and its Optional Protocols (Slovakia);

132.136 Further strengthen measures to protect children and women from all forms of violence (Sri Lanka);

132.137 Improve the harmonization of national legislation with that of the Convention on the Rights of the Child, in particular the legal status of corporal punishment of children and provisions on the minimum age of criminal responsibility (Croatia);

132.138 Prohibit all corporal punishment of children, including in the home and all other settings, and explicitly repeal the right to discipline children according to “general custom” in the Penal Law (Estonia);

132.139 Continue efforts of the Lebanese Government to improve the functioning of the education system, including by advancing the enrolment and by protecting street children from the worst forms of child labour (Albania);

132.140 Progress on measures to provide psychological and specialized medical services for children victims of abuse, and continue fighting the worst forms of child labour (Colombia);

132.141 Enhance promotion and protection of the rights of the child, including measures against sexual and labour exploitation (Japan);

132.142 Continue strengthening legal and policy protections which guarantee the rights of the child, in line with the provisions of the Convention on the Rights of the Child and its Optional Protocols (Serbia);

132.151 Raise the age of criminal responsibility of children from 7 to 12 years, as recommended by the Committee on the Rights of the Child (Montenegro);

132.153 Further improve its birth registration system and ensure that this system is accessible to all children born in Lebanon (Turkey);

132.154 Take legal and administrative steps to ensure that every refugee child born in Lebanon is properly registered by the authorities and issued with the documents to prove it, without prejudice to the question of permanent residency or acquisition of citizenship (Austria);

132.155 Amend the Nationality Law to ensure that women have the right to pass on their nationality to their children and husband (Denmark);

132.157 Make the necessary legislative amendments to allow all children born in Lebanon to be entitled to the legal recognition through their birth registration (Mexico);

132.168 Continue taking further steps at the legislative level, that take into consideration the recent developments and the economic and social conditions of vulnerable families and provide better protection for children (Libya);

132.173 Make primary education compulsory, free and accessible to all children (Togo);

132.175 Continue efforts to establish a free and compulsory quality education for all children up to the age of 15 (Congo);

132.176 Continue its efforts to establish a free and compulsory quality education for children up to the age of 15 years (Djibouti);

132.178 Improve access to quality education, health and social services, in particular for children and women (Italy);

132.179 Strengthen and expand the education infrastructure in order to offer quality inclusive education to all children on its territory (Slovenia);

132.181 Guarantee free, obligatory, and quality education for all children (Maldives);

132.182 Further develop, exponentially and progressively, free and compulsory quality education for all children up to 15 years of age (Panama);

132.185 Further strengthen efforts to improve the lives of persons with disabilities, including by developing and implementing policy instruments to meet the education needs of children with disabilities (Singapore);

132.190 Strengthen measures towards the integration of children with disabilities into formal education mechanisms (Maldives);

132.191 Implement policies focused on the integration of children with special needs into the public education system, adapt buildings, and provide training to teachers and educational staff to promote an enabling and inclusive environment for education (Canada);

132.193 Continue to strengthen the educational system and to ensure equal access of disabled children to education (Lao People’s Democratic Republic);

132.195 Take into particular consideration the vulnerable situation of migrants and refugees in the country, in particular women and children (Nicaragua);

132.212 Put in place measures to protect refugees and asylum-seeking women and girls from economic and sexual exploitation, gender-based violence, including sexual abuse, as well as child and forced marriage and discrimination (Thailand);

132.215 Improve the situation of refugees by facilitating their registration and by renewing residency permits; by setting up an effective mechanism for birth registration to avoid statelessness of newborn children; and by allowing refugees, including Palestinian refugees, access to segments of the official labour market (Germany);

132.217 Strengthen the efforts to ensure the protection and dignity of Syrian refugees, especially with regard to health care, access to education and protection of children, women, the elderly and persons with disabilities in situation of risk (Chile);

Countries

Lebanon

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