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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ________________________________________________________________________ Discrimination against children with Lebanese mothers in relation to the inheritance of nationality, including the risk of statelessness UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee notes with concern that the law does not grant equal citizenship status to children of Lebanese women married to non-nationals, as it does where the father is Lebanese; this may result in statelessness. The Committee recommends that the State party ensure the right of the child to a nationality without discrimination on the basis of the gender of the parent(s), in accordance with articles 2 and 7 of the Convention. (Paragraphs 32 and 33) The Committee is concerned at the absence of legislative or administrative provisions to protect refugee children. Issues of concern include the fact that only men may confer citizenship upon their children, instances of separation of children from their asylum-seeking parents during detention, as well as difficulties regarding full access to education. The Committee reiterates its previous recommendation (ibid, para. 41) that the State party accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. It further encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Furthermore, it encourages the State party to ensure that refugee children are provided with proper documentation, refrain from separating refugee children from their parents, facilitate family reunification and ensure the right to education for all refugee children. (Paragraphs 52 and 53) UN Committee on the Elimination of Racial Discrimination 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. 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. (Paragraph 13) UN Committee on the Elimination of Discrimination against Women 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. The Committee urges the State party to recognise 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. (Paragraphs 42 and 43) Universal Periodic Review (November 2010) R - 82.17. Amend the law on citizenship in such a way that ensures that all Lebanese women, regardless of the nationality of their husband, can pass on their citizenship to their children and husbands (Netherlands); (rejected) R - 82.18. That the proposed draft law which would allow Lebanese women to pass on their nationality to their children and foreign spouses be adopted as soon as possible (Norway); Enact legislation to grant Lebanese nationality to the spouses and children of Lebanese women (United Kingdom); Amend its law on nationality to enable Lebanese women to confer their nationality to their children (Canada); (rejected) ________________________________________________________________________ Discrimination against groups of children with regards to education, particularly girls, children with disabilities and refugee children UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee welcomes the information on regional policies to eliminate social disparities and promote equal opportunities. However, it is concerned that the principle of non discrimination (article 2 of the Convention) is not fully implemented for girls, refugee and asylum-seeking children, Palestinian children, children with disabilities, and children living in less advantaged regions and rural areas, especially with regard to their access to health and adequate educational facilities. In accordance with article 2 of the Convention, the Committee recommends that the State party: (a) Make concerted efforts at all levels to address discrimination, notably discrimination based on gender, disability, religion, and national, ethnic, or social origin, through a review and reorientation of policies, including increased budgetary allocations for programmes targeting the most vulnerable groups; (b) Ensure effective law enforcement, undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination; and (c) In line with the previous recommendation regarding gender discrimination (ibid, para. 28), ensure respect for the rights of girls, especially in relation to the prevention of early marriage. The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of General Comment No. 1 on article 29 (1) of the Convention (aims of education). (Paragraphs 23 to 25) While welcoming the extensive legislation adopted for children with disabilities, the Committee remains concerned that children with disabilities continue to be subject to discrimination in the areas of health coverage, access to specialised services, family support and education. The Committee urges the State party: (a) To review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69); (b) To make greater efforts to provide the necessary resources (financial and professional); (c) To make greater efforts to promote community-based rehabilitation programmes and inclusive education; (d) To make greater efforts in the area of prevention by reviewing, inter alia, health programmes and policies relating to pregnancy, birth and child health; and (e) To seek assistance from, among others, UNICEF, WHO and relevant NGOs. (Paragraphs 40 and 41) While noting with appreciation the number of initiatives undertaken, in particular the law making basic education free and compulsory until the age of 12 and the intention to raise it further to 15, the Committee is nevertheless concerned about the implementation of the law, including that public education is not entirely free. The Committee is furthermore concerned at the lack of public structures in early childhood education, regional disparities, the differences in cost and quality between State and private schools, which create inequality, the high drop-out rates after primary education, the low number of trained teachers, as well as reports of family preference for male over female children when fees are charged. The Committee recommends that the State party: (a) Take all appropriate measures, including the allocation of adequate financial, human and technical resources, to improve the situation and aims of education, taking into account general comment No. 1 on article 29 (1) of the Convention (aims of education), both with regard to quality as well as relevance, and to ensure that all children enjoy the right to education; (b) Take the necessary steps to achieve its goal of making education free and compulsory until the age of 15; (c) Seek to implement additional measures to promote early childhood education and encourage children to stay in school, and adopt effective measures to reduce illiteracy; (d) Place stronger emphasis on public education, with a view to ensuring that all children subject to the jurisdiction of the State enjoy this fundamental right, and prevent any risk of discrimination, in accordance with the Committee’s previous recommendation (ibid, para. 30) regarding the growing role of private educational institutions; (e) Continue cooperation with UNESCO and UNICEF in improving and activating the education sector. (Paragraphs 48 and 49) The Committee is concerned at the absence of legislative or administrative provisions to protect refugee children. Issues of concern include the fact that only men may confer citizenship upon their children, instances of separation of children from their asylum-seeking parents during detention, as well as difficulties regarding full access to education. The Committee reiterates its previous recommendation (ibid, para. 41) that the State party accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. It further encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Furthermore, it encourages the State party to ensure that refugee children are provided with proper documentation, refrain from separating refugee children from their parents, facilitate family reunification and ensure the right to education for all refugee children. (Paragraphs 52 and 53) The Committee is concerned about the high rate of Palestinian children living below the poverty line, as well as the lack of adequate access by Palestinian children to many basic rights, including health, education and an adequate standard of living, and about the quality of services provided. The Committee reiterates its recommendation (ibid, para. 40) that the State party, in cooperation with United Nations Relief and Works Agency for Palestine Refugees in the Near East, seek ways of addressing the socio-economic problems among Palestinian children that affect children negatively, including teaching about the Convention in the school and include children in development programmes. (Paragraphs 54 and 55) UN Committee on the Elimination of Discrimination against Women 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. 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. (Paragraphs 24 and 25) 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 marginalised situation, in particular with regard to access to education, employment, health and housing and protection from all forms of violence. 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. (Paragraphs 40 and 41). UN Special Rapporteur on the human rights aspects of the trafficking in persons, especially women and children The international community should devote special attention to the situation of foreign nationals. It should encourage, politically support and fund initiatives to combat trafficking in persons and the various forms of exploitation emanating from it, including exploitative domestic labour, sexual exploitation, forced labour and child labour. Particular emphasis should be placed on the training of officials and efforts to address the root causes of trafficking, including discrimination, early marriage, poverty and lack of access to education and vocational training. (Paragraph 106). Universal Periodic Review (November 2010) A - 80.27. Finalise the national action plan on education for all and improve the quality of education (Qatar); (accepted) A - 80.39. Ensure that education covers all areas of the country, including the living areas of refugees, bearing in mind that the mandate of the UNRWA covers the educational needs of Palestinian refugees (Yemen); (accepted) A - 81.19. Improve the quality of public education in order to preserve the excellent standards which have prevailed in Lebanon for decades at the different levels of education (Yemen); (accepted) A - 81.21. Continue efforts in connection with the integration of disabled children in formal education as far as possible, in accordance with an inclusive educational approach (Qatar); (accepted) A - 81.22. Intensify efforts to spread a culture of human rights through educational curricula and awareness-raising campaigns (Saudi Arabia); (accepted) A - 81.23. Continue applying the programs and measures aimed at guaranteeing health and education of quality for its citizens (Cuba); (accepted) R - 82.28. Lift the obstacles to employ Palestinian refugees, give access to employment to the Palestinian refugees, give access to free education to all children of refugees and enable universal health care (France); (rejected) ________________________________________________________________________ Violence against children, particularly domestic violence UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee is concerned that violence used as a means of discipline in the home and at school is culturally and legally acceptable in the State party, and regrets that no follow-up to the Committee’s previous recommendation (ibid, para. 37) has been initiated. The Committee is furthermore concerned that there is insufficient information and awareness of domestic violence and its harmful impact on children. Finally, the Committee is concerned that despite its prohibition by ministerial decision, corporal punishment is still practised in schools. The Committee urges the State party urgently to take all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family and the schools, and furthermore recommends that the State party: (a) Conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it; (b) Carry out public education campaigns about the negative consequences of ill treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment; (c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervening where necessary; (d) Investigate and prosecute instances of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected; (e) Provide care, recovery and reintegration for victims; (f) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases; (g) Take into consideration the recommendations of the Committee adopted at its days of general discussion on children and violence (see CRC/C/100, para. 688 and CRC/C/111, paras. 701-745); (h) Seek assistance from, among others, UNICEF and WHO. (Paragraphs 38 and 39) UN Committee on the Elimination of Discrimination against Women 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. In accordance with its general recommendation No. 19 recognising 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 criminalised 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. (Paragraph 26 and 27) 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 marginalised situation, in particular with regard to access to education, employment, health and housing and protection from all forms of violence. 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. (Paragraphs 40 and 41) ________________________________________________________________________ UN Committee on the Elimination of Discrimination against Women 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 Organised 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 penalised under immigration laws and are therefore subject to re-victimisation. The Committee is also concerned at the lack of systematic data collection on this phenomenon. 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. (Paragraphs 28 and 29) UN Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children Neither the Ministry of Justice nor the Ministry of Interior were able to provide the Special Rapporteur with comprehensive statistics on investigations, prosecutions and convictions in cases involving trafficking-related offences. No information was provided either on prosecutions and convictions of buyers of prostitution. However, the General Security Department informed her that assault and ill-treatment of women in the sex industry and domestic migrant workers have led to arrests and prosecutions in many cases. The Internal Security Department recorded six cases involving the sale of children for the period of January 2002-November 2005. (Paragraph 10). Considering these shortcomings, it is a very positive step that the Ministry of Justice and the Ministry of Interior have embarked on a technical cooperation project with the United Nations Office on Drugs and Crime (UNODC) and the United Nations Children’s Fund (UNICEF). Assessing both the trafficking situation and the adequacy of existing legislation on trafficking, the project aims at improving Lebanon’s capacity to draft and implement legislation in accordance with its obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons. The project also seeks to increase the law enforcement agencies capacity to investigate and prosecute in cases of trafficking, improve the level of training and encourage enhanced cooperation between the judiciary, the law enforcement agencies and civil society. (Paragraph 12). A comprehensive and properly implemented labour law framework that follows international standards is a key instrument in limiting the demand for trafficked persons, since it discourages the use of forced labour, child labour and other forms of exploitation. Therefore, the Special Rapporteur welcomes the fact that Lebanon has ratified the International Labour Organisation (ILO) Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999, and also brought its laws on child employment closer to compliance with the international standards set out by the Convention on the Rights of the Child and ILO Convention No. 138 concerning Minimum Age for Admission to Employment, 1973. Lebanese law sets the minimum age of employment at 14. Children under the age of 18 are prohibited from working more than six hours a day and from working at night. Children under the age of 17 may not perform any work jeopardising their health, safety or morals. (Paragraph 15). Street children and other children from socio-economically marginalised backgrounds are also exploited as beggars by organised groups of adult handlers who take a large share of the children’s income. In organised operations, the children are picked up every day from their own neighbourhoods and driven to the city centre. Having been moved out of a zone of relative protection into an area where they are more vulnerable to being exploited by their handlers or third persons, they must be considered to be internally trafficked children. (Paragraph 63) Child prostitution is one form of child sexual exploitation that occurs in Lebanon, but it is hard to quantify the problem. The non-governmental organisation Dar el Amal, which has had a programme to rehabilitate prostitutes and protect girls at risk since 1969, has analysed 450 cases of women involved in prostitution, including 157 girls. The survey found that most girls had experienced extreme poverty, early marriage and sexual abuse prior to becoming involved in prostitution. (Paragraph 66). In some cases, family members, including stepmothers or second wives in polygamous marriages, induce or force girls to prostitute themselves. Zein and Ghada, two sisters aged 15 and 16, for instance, were forced by their own mother to endure men touching their private parts, while the men had sexual intercourse with adult prostitutes. Several non-governmental sources have also suggested that organised criminal groups are involved in procuring children for sexual exploitation by affluent clients in Beirut and Tripoli. The Special Rapporteur is particularly concerned about reports that Iraqi and Syrian girls as young as 12 years old are increasingly being trafficked to Lebanon, where they are forced to prostitute themselves. (Paragraph 67). No unified personal status law exists in Lebanon and each Lebanese citizen is subject to the laws and courts pertaining to his or her religious community with regard to the regulation of personal status. Marriage ceremonies are therefore conducted by religious authorities. Some local religious authorities do not pay due regard to minimum age requirements stipulated even in their own religious law. As a result, child or early marriages remain a problem, particularly in northern Lebanon. (Paragraph 68). In some cases, these early marriages can be preceded by an act of transnational trafficking. In an ill-conceived attempt to preserve the family links to their home country, some families in the Lebanese diaspora deceive their daughters into travelling to their Lebanese home village, where they are forced into a marriage with a local man. The Australian Embassy has documented 12 such cases involving Australian girls of Lebanese descent. Seven victims were younger than 16 years old. Other countries with a Lebanese diaspora are said to be confronted with the same problem. (Paragraph 69). The Ministries of Interior and Justice, collaborating with civil society, the judiciary and the international community, should systematically compile statistics on investigations, prosecutions and convictions relating to trafficking in persons. Data on the traffickers’ modes of operation and networks should also be systematically gathered and analysed. In this regard, the Ministries should, as a matter of priority, give their attention to their technical cooperation project with UNODC and UNICEF on enhancing measures to combat trafficking. (Paragraph 96). Increased efforts should be made to identify and combat all forms of child trafficking, especially for exploitation in begging and child prostitution. Special training on trafficking of children and the protection to which they are entitled under national and international law, as well as child-focused methods of intervention, detection, identification and assistance should be given to all relevant actors (officials, judges, social workers, NGOs and the media). (Paragraph 98). The international community should devote special attention to the situation of foreign nationals. It should encourage, politically support and fund initiatives to combat trafficking in persons and the various forms of exploitation emanating from it, including exploitative domestic labour, sexual exploitation, forced labour and child labour. Particular emphasis should be placed on the training of officials and efforts to address the root causes of trafficking, including discrimination, early marriage, poverty and lack of access to education and vocational training. (Paragraph 106). Universal Periodic Review (November 2010) A - 80.20. Adopt amendments to the Labour Code regarding the sale and trafficking of children (Poland); Implement amendments to the Labour Code to strengthen legal measures to combat the sale and trafficking of children (Australia); (accepted) ________________________________________________________________________ Unequal provision of health-care for children UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee notes the achievements by the State party in the area of health care, notably the downward long-term trend in infant and child mortality and the improvements in the area of immunisation. It further notes the large increase in the percentage of the budget allocated to this sector. Nevertheless, the Committee is concerned about the unequal enjoyment of the right to access primary health-care services by children in different parts of the country, resulting in wide regional and social variations in infant and child mortality and the quality of care. The Committee is deeply concerned that children do not enjoy equal access to quality health care owing to the high cost of health care and the failure of insurance schemes to provide full coverage, and in part to the domination of the health sector by the private sector and significant differences between the quality of the care provided by the public versus the private sector. The Committee regrets that any follow-up to its previous recommendation (ibid, para. 30) has had little impact on the realisation of the right to health for children. The Committee urges the State party: (a) To reinforce its efforts to allocate appropriate resources and develop and adopt policies and programmes to improve and protect the health situation of children, particularly in the regions with the highest mortality rates; (b) To ensure equal access to and quality of health care for all children, independent of socio-economic factors, and encourages the State party to provide health insurance for all children, irrespective of whether their parents are working; (d) To consider adopting and implementing the integrated management of childhood illness strategy to combat the most common childhood illnesses and malnutrition; and (e) To seek technical assistance from, among others, WHO and UNICEF. (Paragraphs 42 and 43) UN Committee on the Elimination of Discrimination against Women 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. 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. (Paragraphs 34 and 35) UN Special Rapporteur on extrajudicial, summary or arbitrary executions, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Representative of the Secretary-General on human rights of internally displaced persons and the Special Rapporteur on adequate housing Country visit: 7 to 14 September 2006 Damage to medical facilities combined with shortages of fuel, power, water and supplies have had a major impact on service delivery throughout the districts affected by the conflict.121 There is a serious gap, for example, in maternal and child care services. Just one in four primary health care facilities are able to provide pre-natal care, and just one in 10 can support proper delivery and emergency obstetric care. One third are able to store vaccines and just 13 per cent are able to provide some mental health services. Normally, all of these facilities should be able to provide all of these services.122 The situation remains particularly acute in those communities in the south that were badly damaged during the conflict (see para. 63 above). The conflict is likely to have deepened pre-existing inequalities in the delivery of health care services in Lebanon.1 (Paragraph 89). Universal Periodic Review (November 2010) A - 81.23. Continue applying the programs and measures aimed at guaranteeing health and education of quality for its citizens (Cuba); (accepted) R - 82.28. Lift the obstacles to employ Palestinian refugees, give access to employment to the Palestinian refugees, give access to free education to all children of refugees and enable universal health care (France); (rejected) ________________________________________________________________________ Internal displacement of children UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee notes with concern the negative impact of the past armed conflict on children, including increasing vulnerability to socio-economic deprivation, displacement and injury from landmines, as well as of past practices of recruitment of children by armed groups during the civil war. The Committee reiterates its previous recommendation (ibid, para. 42) and urges the State party to continue and strengthen its efforts to provide for adequate psychosocial recovery and reintegration of victims of violence and the armed conflict in Lebanon. It also encourages the State party to continue and strengthen its demining activities and to seek the necessary technical and financial support from the international community. (Paragraphs 50 and 51) UN Committee on the Elimination of Discrimination against Women 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 marginalised 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. (Paragraphs 40 and 41) ________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, March 2002) While noting the measures taken by the State party in this sector, including raising the minimum age for employment, the Committee is concerned that despite stricter laws on child labour, a high percentage of working children are involved in activities which represent a danger to their health and development. The Committee welcomes the collaboration with ILO/IPEC in combating and preventing child labour. The Committee recommends that the State party: (a) Continue and strengthen its cooperation with ILO/IPEC and carry out campaigns to inform and sensitise the general public, especially parents and children, of work hazards, as well as strengthen labour inspections and law enforcement; and (b) Make every effort to ratify and implement ILO Convention (No. 138) on the Minimum Age for Admission to Employment and seek assistance from ILO in this regard. (Paragraphs 56 and 57) UN Special Rapporteur on the human rights aspects of the victims of trafficking in persons A comprehensive and properly implemented labour law framework that follows international standards is a key instrument in limiting the demand for trafficked persons, since it discourages the use of forced labour, child labour and other forms of exploitation. Therefore, the Special Rapporteur welcomes the fact that Lebanon has ratified the International Labour Organisation (ILO) Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999, and also brought its laws on child employment closer to compliance with the international standards set out by the Convention on the Rights of the Child and ILO Convention No. 138 concerning Minimum Age for Admission to Employment, 1973. Lebanese law sets the minimum age of employment at 14. Children under the age of 18 are prohibited from working more than six hours a day and from working at night. Children under the age of 17 may not perform any work jeopardising their health, safety or morals. (Paragraph 15). Since the 1970s, child labour has substantially declined in Lebanon but remains a problem in low-income families that often use all family members for income generation. Official figures for 2000 estimated that 1.8 per cent of all children aged 10-14 worked.12 For northern Lebanon, which has particularly high poverty levels, the respective figure was 3.3 per cent. Owing to their early entry into the labour market, the children generally have a low educational status. (Paragraph 62). The media has a key role in raising awareness of the situation of foreign nationals in Lebanon and increasing the visibility of problems faced by foreign domestic workers, women in the sex industry and children from socially marginalised backgrounds. The media should also address social, cultural and religious taboos preventing public discussion of problems related to sexuality and take a strong stand against all forms of discrimination on the basis of gender, race, colour, ethnicity or social status. (Paragraph 104). The international community should devote special attention to the situation of foreign nationals. It should encourage, politically support and fund initiatives to combat trafficking in persons and the various forms of exploitation emanating from it, including exploitative domestic labour, sexual exploitation, forced labour and child labour. Particular emphasis should be placed on the training of officials and efforts to address the root causes of trafficking, including discrimination, early marriage, poverty and lack of access to education and vocational training. (Paragraph 106). Universal Periodic Review (November 2010) A - 81.25. Strengthen measures to fight child labour within the framework of the national strategy to combat child labour (Algeria); Further pursue its efforts to combat child labour (Jordan); Intensify efforts to combat child labour (United Arab Emirates); (accepted) ________________________________________________________________________ Children living and working on the streets UN Special Rapporteur on the human rights aspects of the victims of trafficking in persons Street children and other children from socio-economically marginalised backgrounds are also exploited as beggars by organised groups of adult handlers who take a large share of the children’s income. In organised operations, the children are picked up every day from their own neighbourhoods and driven to the city centre. Having been moved out of a zone of relative protection into an area where they are more vulnerable to being exploited by their handlers or third persons, they must be considered to be internally trafficked children. (Paragraph 63). The Government has yet to develop a comprehensive strategy on how to resolve the problem of child begging. In ad hoc operations, police sometimes arrest begging children but then find that there are hardly any institutions to rehabilitate these children and give them educational or vocational training. Non-governmental initiatives have alleviated the problem, but their capacity and resources are limited. (Paragraph 64). Police methods for dealing with children living or working in the streets, children in conflict with the law and children who are victims of crime should be modernised through greater focus on proactive outreach work, confidence-building measures and cooperation with social services. Social services should reach out and assist children living and working in the streets and other high-risk groups; professionals coming into contact with children living or working in the streets should be sensitised to child protection, as should the general population. (Paragraph 90). Universal Periodic Review (November 2010) R - 82.16. Continue to address the issue of street children by adopting a comprehensive national strategy to provide these children with official documents and adequate assistance, including recovery and social reintegration services (Poland); (rejected) ________________________________________________________________________ Sexual exploitation of children, including for prostitution UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee is concerned at the insufficient data on and awareness of the phenomenon of sexual exploitation of children in Lebanon. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the scope of commercial sexual exploitation of children, including prostitution and pornography, and implement appropriate policies and programmes for preventing such exploitation and for the rehabilitation and recovery of child victims in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 58 and 59) UN Committee on the Elimination of Discrimination against Women 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 Organised 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 penalised under immigration laws and are therefore subject to re-victimisation. The Committee is also concerned at the lack of systematic data collection on this phenomenon. (Paragraph 28). UN Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children Official statistics indicate very low levels of sexual abuse and exploitation of children. In 2002, only 97 cases were recorded in all of Lebanon.13 The actual number is very likely to be far higher, however, since strong social and cultural taboos and a fear of ostracism prevent victims and witnesses from reporting cases of sexual abuse and exploitation, particularly if they occur within the family. (Paragraph 65). Child prostitution is one form of child sexual exploitation that occurs in Lebanon, but it is hard to quantify the problem. The non-governmental organisation Dar el Amal, which has had a programme to rehabilitate prostitutes and protect girls at risk since 1969, has analysed 450 cases of women involved in prostitution, including 157 girls. The survey found that most girls had experienced extreme poverty, early marriage and sexual abuse prior to becoming involved in prostitution. (Paragraph 66). In some cases, family members, including stepmothers or second wives in polygamous marriages, induce or force girls to prostitute themselves. Zein and Ghada, two sisters aged 15 and 16, for instance, were forced by their own mother to endure men touching their private parts, while the men had sexual intercourse with adult prostitutes. Several non-governmental sources have also suggested that organised criminal groups are involved in procuring children for sexual exploitation by affluent clients in Beirut and Tripoli. The Special Rapporteur is particularly concerned about reports that Iraqi and Syrian girls as young as 12 years old are increasingly being trafficked to Lebanon, where they are forced to prostitute themselves. (Paragraph 67). The international community should devote special attention to the situation of foreign nationals. It should encourage, politically support and fund initiatives to combat trafficking in persons and the various forms of exploitation emanating from it, including exploitative domestic labour, sexual exploitation, forced labour and child labour. Particular emphasis should be placed on the training of officials and efforts to address the root causes of trafficking, including discrimination, early marriage, poverty and lack of access to education and vocational training. (Paragraph 106). ________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, March 2002) While noting that part of the national legislation has been amended, and continues to be reviewed, in line with the previous recommendations (ibid, para. 13), the Committee remains concerned about continuing inconsistencies between domestic legislation and the Convention, particularly in the areas of right to nationality, age of marriage, custody, guardianship, inheritance and the rights of refugee children, among others. (paragraph 9) Noting the average age at which a marriage is concluded (31 years for men and 28 years for women), the Committee is nevertheless concerned that there are many different minimum ages for marriage owing to the existence of 15 personal status laws administered by different confessional groups, and above all that some confessional groups permit marriage to be entered into by boys as young as 14 and girls as young as 9. The Committee is concerned in particular that its previous recommendations to review the minimum age for marriage and to adopt legislative measures with a view to ensuring respect for the rights of girls, especially in relation to preventing early marriage, have not been followed up (ibid, para. 28). The Committee recommends that the State party: (a) Take all necessary steps to increase awareness among the confessional groups e.g. via information campaigns highlighting the de facto average age of marriage about the need to harmonise the minimum age for marriage, to raise it and to make it the same for boys as for girls (Paragraphs 21 and 22) In accordance with article 2 of the Convention, the Committee recommends that the State party: (c) In line with the previous recommendation regarding gender discrimination (ibid, para. 28), ensure respect for the rights of girls, especially in relation to the prevention of early marriage. (Paragraph 24) UN Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children No unified personal status law exists in Lebanon and each Lebanese citizen is subject to the laws and courts pertaining to his or her religious community with regard to the regulation of personal status. Marriage ceremonies are therefore conducted by religious authorities. Some local religious authorities do not pay due regard to minimum age requirements stipulated even in their own religious law. As a result, child or early marriages remain a problem, particularly in northern Lebanon. (Paragraph 68). In some cases, these early marriages can be preceded by an act of transnational trafficking. In an ill-conceived attempt to preserve the family links to their home country, some families in the Lebanese diaspora deceive their daughters into travelling to their Lebanese home village, where they are forced into a marriage with a local man. The Australian Embassy has documented 12 such cases involving Australian girls of Lebanese descent. Seven victims were younger than 16 years old. Other countries with a Lebanese diaspora are said to be confronted with the same problem. (Paragraph 69). Child prostitution is one form of child sexual exploitation that occurs in Lebanon, but it is hard to quantify the problem. The non-governmental organisation Dar el Amal, which has had a programme to rehabilitate prostitutes and protect girls at risk since 1969, has analysed 450 cases of women involved in prostitution, including 157 girls. The survey found that most girls had experienced extreme poverty, early marriage and sexual abuse prior to becoming involved in prostitution. (Paragraph 66). In some cases, family members, including stepmothers or second wives in polygamous marriages, induce or force girls to prostitute themselves. Zein and Ghada, two sisters aged 15 and 16, for instance, were forced by their own mother to endure men touching their private parts, while the men had sexual intercourse with adult prostitutes. Several non-governmental sources have also suggested that organised criminal groups are involved in procuring children for sexual exploitation by affluent clients in Beirut and Tripoli. The Special Rapporteur is particularly concerned about reports that Iraqi and Syrian girls as young as 12 years old are increasingly being trafficked to Lebanon, where they are forced to prostitute themselves. (Paragraph 67). The international community should devote special attention to the situation of foreign nationals. It should encourage, politically support and fund initiatives to combat trafficking in persons and the various forms of exploitation emanating from it, including exploitative domestic labour, sexual exploitation, forced labour and child labour. Particular emphasis should be placed on the training of officials and efforts to address the root causes of trafficking, including discrimination, early marriage, poverty and lack of access to education and vocational training. (Paragraph 106). ________________________________________________________________________ Children affected by armed conflict UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee notes with concern the negative impact of the past armed conflict on children, including increasing vulnerability to socio-economic deprivation, displacement and injury from landmines, as well as of past practices of recruitment of children by armed groups during the civil war. The Committee reiterates its previous recommendation (ibid, para. 42) and urges the State party to continue and strengthen its efforts to provide for adequate psychosocial recovery and reintegration of victims of violence and the armed conflict in Lebanon. It also encourages the State party to continue and strengthen its demining activities and to seek the necessary technical and financial support from the international community. (Paragraph 50 and 51) UN Special Rapporteur on extrajudicial, summary or arbitrary executions, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Representative of the Secretary-General on human rights of internally displaced persons, UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living Country visit: 7 to 14 September 2006 The existence of highly volatile, unexploded cluster bomb sub-munitions constitutes a threat to clearing building rubble and, more generally, to the rights to life and health of the population, as evidenced by the 104 casualties they caused as of 23 September 2006, 14 of which were fatal.118 Until the identification of cluster bomb strike locations and the clearance of the sites are completed, or at least significant progress made (a process which UNMACC estimates will take 12-15 months119), people will not be able to go back to their homes, children will not be able to go to school and returnees previously active in agriculture will be deprived of a livelihood.12 (Paragraph 86). UN Special Rapporteur on the right to food In his discussions with the Ministry of Agriculture and the Ministry of Social and Family Affairs, the Special Rapporteur was informed that apart from the material damage, the psychological damage and deep trauma of the war will have long-term effects on the civilian population that will affect the reconstruction of traditional economic and social life, particularly in rural areas. The loss of family members, as well as the loss of normal functions for those who are permanently injured including amputatees, contribute to psychological stress. On 4 August 2006, the village of Qaa, in the eastern part of the country, Israeli forces attacked a group of agricultural workers in full daylight. Some were unloading a truck of fruit and vegetables; the others were working close to a refrigeration truck. Twenty men and 6 women were killed and 20 others were wounded, most of them seriously. On the night of 29-30 July 2006, the aerial bombardments of Qana left 56 people dead, including 34 children, according to the High Relief Council. Sabrina Tavernise, in her article entitled “The night the children of Qana died,16 wrote that on arriving at the site of the carnage, she witnessed rescue teams pulling bodies out of the rubble. She counted 28 bodies, including 20 children, the youngest only 10 months old. As she left, bodies were still being pulled out. In its report entitled “Fatal strikes: Israel’s indiscriminate attacks against civilians in Lebanon”, Human Rights Watch argue that many of these massacres were not “collateral damage”, but were intentional and deliberate acts against the civilian population. Human Rights Watch argues that these indiscriminate attacks on civilians could amount to war crimes. The indiscriminate nature of attacks on civilians is well illustrated by an article by Meron Rapoport in 8 September issue of the Israeli newspaper Haaretz. Referring to an army officer uncomfortable with his orders to indiscriminately attack a village, Mr. Rapoport wrote: “His battalion was given an entire village as a target one night. He thinks it was Taibeh. A village in what is called the Eastern sector. But he is not sure. The battalion commander assembled the men and told them that the whole village had been divided into parts and that each team was supposed to ‘flood’ its allotted space – without specific targets simply to bombard the village.” (Paragraph 18). Universal Periodic Review (November 2010) A - 81.27. Continue seeking technical and financial assistance for demining activities, given that children continue to be among the most vulnerable sections of Lebanese society particularly in terms of their exposure to explosive remnants of war (Malaysia) (accepted) R - 82.1. Ratify the optional protocols to ICESCR and ICCPR and the optional protocols to CEDAW and the one concerning children in armed conflict, signed in 2007 (Spain); (rejected) ________________________________________________________________________ Lack of access to water and sanitation, including regional disparities UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee is concerned that the overall standard of living of many children is very low, as measured by income-related indicators such as access to housing, water, sanitation and education. In particular, it expresses concern at the large regional disparities in living standards, particularly with regard to children living in the governorates of the north, Nabatiyah and Bekaa, and Palestinian children. The Committee recommends that the State party take steps to improve the standard of living of children, giving particular attention to housing, water and sanitation, as well as education. The Committee further recommends the adoption of measures to reduce regional disparities. (Paragraphs 46 and 47) UN Special Rapporteur on extrajudicial, summary or arbitrary executions, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Representative of the Secretary-General on human rights of internally displaced persons, UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living Damage to medical facilities combined with shortages of fuel, power, water and supplies have had a major impact on service delivery throughout the districts affected by the conflict. (Paragraph 89) UN Special Rapporteur on the right to food There have been shortages of potable water, especially in the south. A joint United Nations assessment team, including representatives of OCHA, UNICEF, UNHCR and WFP, that travelled from Tyre to Aitarou on 26 August 2006 found an urgent need for clean drinking and washing water in villages following extensive damage to the water network. In Tebnine, Aita Ech Chaab and Bint J’bail the need for water was a priority.38 In some areas, only bottled water is available and the price of water is becoming unaffordable.39 Concerns have been raised about the threat of widespread outbreaks of water-borne disease; the first cases have been reported in the village of Yahoune. The authorities, the United Nations and many NGOs are working to provide the minimum standard of 15 litres of water per person per day. (Paragraph 28) ________________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, March 2002) [I]n light of its previous concluding observations, the Committee is concerned at the very low age of criminal responsibility, which is set at 7 years (ibid, para. 23). The Committee recommends that the State party: (b) Raise the minimum age for criminal responsibility and other minimum age requirements in accordance with the principles and provisions of the Convention, and ensure that they are gender neutral and are enforced by law; (Paragraphs 21 and 22) Universal Periodic Review (November 2010) R - 82.15. Raise the minimum age of criminal responsibility to comply with international standards (Slovakia); ________________________________________________________________________ Inadequate national mechanisms to protect and promote children's rights UN Committee on the Rights of the Child (Concluding Observations, March 2002) The Committee regrets that its previous recommendation to the State party to develop a permanent and multidisciplinary mechanism for monitoring the implementation of the Convention has not been followed up (ibid, para. 24). The Committee notes the information that the Higher Council for Childhood is dealing with complaints about the violations of the rights of children in an informal way, but is concerned that the combination of a coordinating and a monitoring role would hamper effective and independent monitoring of the implementation of the Convention. The Committee encourages the State party: (a) To reinitiate the process of establishing an independent national human rights institution, in accordance with the Paris Principles relating to the status of national institutions (General Assembly resolution 48/134), to monitor and evaluate progress in the implementation of the Convention at the national and, if appropriate, at the local level, including implementation by the private sector and NGOs as providers of services to children. This institution should be empowered to receive and investigate individual complaints of violations of child rights in a child-sensitive manner and address them effectively; and (b) To seek technical assistance from, among others, OHCHR and UNICEF. (Paragraphs 15 and 16) Universal Periodic Review (November 2010) A - 80.21. Consider the creation of additional national mechanisms to promote and protect human rights of vulnerable groups especially women, children, and people with disabilities (Iran); (accepted) ________________________________________________________________________
Last reported: 3 and 4 March 2004
Concluding Observations 28 April 2004
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Country visit: 7 to 16 February 2005
Report published: 20 February 2006
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Country visit: 7 to 16 February 2005
Report published: 20 February 2006
(c) To initiate effective follow-up to its previous recommendation and in view of the high budgetary expenditures in the health sector in particular, to examine the impact on the practical realisation of the right to health for all children irrespective of socio economic factors;
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Report published: 2 October 2006
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Country visit: 7 to 16 February 2005
Report published: 20 February 2006
Country visit: 7 to 16 February 2005
Report published: 20 February 2006
Last reported: 22 January 2008
Concluding Observations issued: 8 April 2008
Country visit: 7 to 16 February 2005
Report published: 20 February 2006
Country undertaken: 7 to 16 February 2005
Report published: 20 February 2006
Report published: 2 October 2006
Report published: 29 September 2006
Country visit: 7 to 14 September 2006
Report published: 2 October 2006
Report published: 29 September 2006