LEBANON: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

Reviewed in 1997, no record available.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/LBN/CO/2

Observations published: 24 October 2016

Legislative developments: The Committee welcomes the ratification of the following international human rights treaties: The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 8 November 2004. The Committee welcomes the adoption of legislative, institutional and policy measures to promote economic, social and cultural rights in the State party since the examination of the initial report, including: The National Strategy to Safeguard and Protect Children against Violence, approved in 2012 (paras 3, 4).

Street children: While noting that the State party has carried out campaigns to prevent and address the issue with a view to withdrawing children from the streets in the past, the Committee notes with concern the information provided by the delegation on the lack of resources and the insufficient capacity of the institutions of the State party to attend to street children, who are vulnerable to abuse and exploitation. The Committee recommends that the State party act on the findings of the study entitled “Children living and working on the streets in Lebanon” and raise resources so as to provide the necessary preventive and rehabilitative services to street children. It also recommends that the State party effectively enforce existing legislation aimed at combating child labour (paras 45, 46).

Corporal punishment: The Committee is concerned at statistics showing that most children experience violent “discipline” at home and in school The Committee recommends that the State party take all the measures necessary to encourage parents and teachers to abandon the practice of corporal punishment, including by raising awareness of its harmful effects and revising the 2014 amendment to the Penal Code to prohibit corporal punishment in all settings (paras 47, 48).

 

Right to education: While noting the pressure on the State party’s educational infrastructure and resources, including through the influx of refugees, the Committee is concerned at the declining quality of education in public schools, which has aggravated the economic stratification of education in the State party so that children from privileged households have access to better quality education, in private schools (arts. 13 and 14, read in conjunction with art. 2 (2)). The Committee recommends that the State party continue to invest in improving the quality of education in public schools so as to prevent discrimination on the basis of socioeconomic status. The Committee refers the State party to its general comment No. 13 (1999) on the right to education (paras 60, 61).

Children not in school: The Committee is concerned at the number of children, especially refugee children, who are not in school or have quit school owing to the insufficient capacity of the educational infrastructure, the lack of documentation, the pressure to work to support their families, the unfamiliar teaching languages or the pressure to join militias, among other reasons. The Committee recommends that the State party take measures to address the root causes leading children, especially refugee children, to drop out of or not enrol in school, drawing its attention in particular to the obligation of ensuring the accessibility, acceptability, adequacy and adaptability of education, in line with which education should adapt to the needs of changing communities. It also recommends that the State party take immediate measures to, for example, facilitate the issuance of documentation for school-age children, promote non-formal education and recruit qualified Syrian teachers. Moreover, the Committee recommends that the State party amend Act No. 150 of 2011 with a view to making basic education free and compulsory also for non-nationals. The Committee refers the State party to its general comment No. 13 (1999) on the right to education (paras 62, 63).

Other recommendations: The Committee recommends that the State party consider ratifying the Convention on the Rights of Persons with Disabilities, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the International Convention for the Protection of All Persons from Enforced Disappearance (paras 69). ____________________________________________________

UN Committee on the Elimination of Racial Discrimination

CERD/C/LBN/CO/18-22

Concluding observations adopted: 26 August 2016

Legislative background: The Committee welcomes the ratification of the following international instruments since the examination of the last periodic reports of the State party: The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 8 November 2004; The United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, on 10 May 2005 (para 6).

Right to nationality: The Committee is concerned that women married to foreigners are not able to pass on their Lebanese nationality to their children and that foreign spouses of Lebanese nationals have reportedly faced difficulty acquiring the Lebanese nationality. The Committee also notes that the State party intends to facilitate the residency of Lebanese families with a foreign father pending the acquisition of the State party’s nationality. The Committee recommends that the State party review its nationality policy, in accordance with international law, in particular, amend Decision No. 15 of 19 January 1925 on nationality and review administrative procedures related to its implementation, and grant Lebanese women the right to pass on their citizenship to their children, irrespective of the nationality of their spouses (paras 21, 22).

The Committee notes with concern that, under the 1951 Registration of Personal Status Law, birth registration after the age of one involves a lengthy and expensive judicial procedure. It is also concerned that children born to unregistered stateless fathers are not entitled to a Lebanese birth registration. Moreover, it notes with concern that the majority of Syrian children born in the State party and children born of undocumented migrants do not have an official birth certificate, owing to onerous requirements for identity documentation and proof of legal residency. The Committee recommends that the State party ensure that birth registration is accessible to all children born in the State party, including by removing financial, procedural and regulatory obstacles, such as those contained in the 1951 Registration of Personal Status Law (paras 23, 24).

Right to education: While noting the pressure on the State party’s infrastructure as a result of the influx of refugees, the Committee notes with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools, contrary to the provisions of the Act 150 of 2011 on free and compulsory basic education. The Committee is further concerned about the impact of such restrictions on the ability of children of migrants to renew their residence permits. The Committee urges the State party to refrain from restricting access to education on the ground of nationality or migration status. The Committee also urges the State party to ensure that children are not deprived of their residence permits owing to non-enrolment in schools as a result of the enforcement of these circulars (paras 35, 36).

CERD/C/64/CO/3
Last reported: 3 / 4 March 2004
Concluding Observations issued: 28 April 2004

Issues raised:

Statelessness: The Committee notes that Lebanese citizenship is derived exclusively from the father, which may result in a situation of statelessness for children of a Lebanese mother and non-citizen father, where registration under the father’s nationality is not possible. (Paragraph 13).

The Committee urges the State party to review its relevant legislation, so as to bring it in line with the provisions of the Convention and requests to be informed on this in the next periodic report. In addition, the Committee recommends that the State party ratify the Convention on the Reduction of Statelessness of 1961.

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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/LBN/CO/3
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008

Issues raised:

Stereotyping and education: The Committee continues to be concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society in Lebanon, which are reflected in women’s educational choices, their situation in the labour market and their low level of participation in political and public life. The Committee is concerned about persistent stereotypes reflected in school textbooks and curricula. (Paragraph 24).

The Committee requests that the State party enhance the training of teaching staff on gender equality issues and revise educational textbooks and curricula to eliminate gender-role stereotypes. The Committee urges the State party to disseminate information on the Convention through all levels of the educational system, including through human rights education and gender- sensitivity training, so as to change existing stereotypical views and attitudes about women’s and men’s roles. The Committee calls upon the State party to further encourage diversification of the educational choices of boys and girls. It also urges the State party to encourage a public dialogue on the educational choices girls and women make and their subsequent opportunities and chances in the labour market. It recommends that awareness-raising campaigns be addressed to both women and men and that the media be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres.

Violence: The Committee remains concerned about the persistence of violence against women and girls, including domestic violence, rape and crimes committed in the name of honour and about the lack of a comprehensive approach to address violence against women. It also reiterates its concern about article 562 of the Lebanese Penal Code, which allows mitigation of the penalty for crimes committed in the name of honour and which continues to be in force. It is further concerned about other discriminatory provisions in the Lebanese Penal Code, in particular article 503 which tolerates marital rape, article 522 which allows for charges to be dropped in cases of rape. (Paragraph 26).

In accordance with its general recommendation No. 19 recognizing that violence against women is a form of discrimination against women and thus constitutes a violation of their human rights under the Convention, the Committee urges the State party to place high priority on establishing and implementing comprehensive measures to address all forms of violence against women and girls. The Committee calls upon the State party to enact, without delay, legislation on violence against women, including domestic violence, so as to ensure that violence against women 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. The Committee calls upon the State party to amend, without delay, applicable provisions in the Penal Code to ensure that perpetrators of honour crimes are not exonerated, that marital rape is criminalized and that marriage to the victim does not exempt a sexual offender from punishment. The Committee recommends that the State party also introduce and implement educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health service providers, social workers, community leaders and the general public, in order to ensure that they understand that all forms of violence against women are unacceptable. The Committee requests the State party to provide detailed information in its next report on the laws and policies in place to deal with violence against women and the impact of such measures.

Trafficking: While noting the State party’s ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Committee is concerned that trafficking in women and girls is growing in Lebanon and that the State party has neither enacted legislation on trafficking nor established a comprehensive plan to prevent and eliminate trafficking in women and to protect victims. It is further concerned that women and girls who have been trafficked for the purpose of sexual exploitation and forced domestic labour may be prosecuted and penalized under immigration laws and are therefore subject to re-victimization. The Committee is also concerned at the lack of systematic data collection on this phenomenon. (Paragraph 28).

The Committee urges the State party to intensify its efforts to combat all forms of trafficking in women and girls, including by enacting specific and comprehensive legislation and by putting in place programmes for the repatriation and reintegration of victims of trafficking. The Committee further calls upon the State party to increase its international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking, and improve prevention of trafficking through information exchange. The Committee urges the State party to collect and analyse data from the national, regional and international police and other sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls, including protective measures and legal assistance. The Committee urges the State party to ensure that trafficked women and girls are not subject to prosecution of immigration laws and have adequate support to be in a position to provide testimony against their traffickers.

Health: While noting the high quality of health services in Lebanon, the Committee is concerned about the dominance of the private sector and geographical disparity in the delivery of services, preventing access to health care for women and girls from poor and rural areas, as well as disabled women. (Paragraph 34).

The Committee recommends that the State party put in place mechanisms to make health care services accessible to all groups of women and to ensure that all health policies and programmes integrate a gender perspective in accordance with article 12 of the Convention and the Committee’s general recommendation No. 24 on women and health.

Internally displaced persons: While commending the State party for its efforts to host refugees from neighbouring countries, the Committee is concerned that the State party has not enacted any laws or regulations relating to the status of asylum-seekers and refugees, thereby adversely impacting on women refugees and asylum-seekers. The Committee further notes with concern that refugee women and girls and internally displaced women and girls remain in a vulnerable and marginalized situation, in particular with regard to access to education, employment, health and housing and protection from all forms of violence. (Paragraph 40).

The Committee urges the State party to adopt laws and regulations relating to the status of asylum-seekers and refugees in Lebanon, in line with international standards, in order to ensure protection for asylum-seeking and refugee women and their children. It recommends that the State party consider accession to international instruments to address the situation of refugees and stateless persons, including the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. It recommends that the State party fully integrate a gender-sensitive approach throughout the process of granting asylum/refugee status. The Committee also urges the State party to implement targeted measures for refugee women and girls and internally displaced women and girls, within specific timetables, to improve access to education, employment, health and housing and to protect them from all forms of violence and to monitor their implementation. The Committee requests the State party to report on the results achieved in improving the situation of these groups of women and girls in its next periodic report.

Nationality: The Committee is concerned about the State party’s reluctance to withdraw its reservation to article 9, paragraph 2. The Committee is particularly concerned about the State party’s assertion that it cannot, for political reasons, amend its nationality law to allow Lebanese women to pass their nationality to their children and foreign spouses. (Paragraph 42).

The Committee urges the State party to recognize the negative impact of its nationality law on Lebanese women married to foreigners and on the children of those women and, accordingly, revise its nationality law and remove its reservation to article 9, paragraph 2.

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UN Committee against Torture

 

CAT/C/LBN/CO/1

Adopted by Committee: 20-21 April 2017

Published: 8 May 2017

Issues Raised:

The Committee notes with satisfaction the fact that since the entry into force of the Convention for the State party, Lebanon has ratified or acceded to the following international human rights instruments: The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 8 November 2004 (para. 4).

Torture:

The Committee remains concerned at various consistent reports that security forces and military personnel continue to routinely use torture against suspects in custody, including children, who are often held incommunicado, primarily to extract confessions that are to be used in criminal proceedings or as a form of punishment for acts that the victim is believed to have committed.

Detention:

It further notes the delegation’s affirmation that minors are never held with adults, despite reports to the contrary (para. 20).

The State party sould ensure the strict separation between pretrial and convicted detainees and between juveniles and adults in all detention facilities (para. 21).

Military Jurisdiction:

The Committee is concerned that the State party’s military court system still enjoys jurisdiction to examine criminal cases involving civilians, including children (art. 2 (1) (para. 34).

The State party should without further delay prohibit military courts from exercising jurisdiction over civilians, especially children (para. 35).

Trafficking:

While welcoming the adoption of Law No. 164 of 2011 on combatting trafficking in persons, the Committee is concerned at the situation of women and girls, particularly from South and Southeast Asia and East and West Africa, forced into domestic servitude. According to the information before the Committee, the sponsorship system (kafala) creates a situation of vulnerability which favours abusive and exploitative work relationships leading to human trafficking in domestic work. The Committee also notes with concern that Syrian refugees in Lebanon appear to be at particular risk of sex trafficking and forced labour, mainly due to restrictions on Syrian refugees’ access to Lebanese labour market and the strict enforcement of visa and resident permits (arts. 2, 10, 12-14 and 16) (para. 56).

The State party should: Intensify its efforts to prevent and combat trafficking in human beings, including by implementing effectively the 2011 anti-trafficking legislation and by providing protection to victims; and Ensure that cases of human trafficking are thoroughly investigated, perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and the victims adequately compensated (para. 57).

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UN Subcommittee on Prevention of Torture

 Visited in 2010, but the report is confidential.

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UN Committee on Migrant Workers

 Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities

Signed in 2007, but not yet ratified.

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UN Committee on Enforced Disappearance

Signed in 2007, but not yet ratified.

Countries

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