Submitted by CRIN on
Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also to be included will be the final report and the list of accepted and rejected recommendations.
Macedonia - 18th Session - 2014
Thursday, 30 January, 14:30 - 18:00
National Report
69. According to the Laws on Police and Juvenile Justice, police officers trained for prevention of juvenile delinquency exercise police authorities with respect to minors. The use of means of coercion is regulated under the Law on the Police, which establishes the conditions under which persons can be handcuffed, i.e. usually, the police officers handcuff persons with the persons' hands on the back. Handcuffing is considered an instrument of coercion.
70. The Code of Police Ethics envisages that in undertaking police intervention activities, police officers are to act in following with the specific needs of certain categories of persons, such as children, minors, women, old and feeble persons, and persons with health problems.
F. Rights of the child – Recommendations 4, 7, 8, 23, 24
81. In 2010, with UNICEF support, the Ministry of Justice made a comparative analysis of the national legislation and the Convention of the Rights of the Child.
82. In September 2012, the Government adopted a revised 2012–2015 National Action Plan on Children's Rights, prepared in cooperation with the UNICEF.
83. The revised Action Plan recognizes the hitherto progress in facilitating provision of services such as health care, which is almost absolutely free of charge, as well as the progress in the provision of free education for children. The Action Plan has the aim of dealing with remaining challenges by strategically focusing on equity, inclusion and efficiency, areas where additional efforts are required.
84. The National Coordination Body for Protection of Children against Abuse and Neglect established in June 2012, is composed of representatives of in-line institutions in Macedonia, representatives of citizens' associations and representatives of the offices of the World Health Organizational and UNICEF in the country. The 2013-2015 National Action Plan for Prevention and Countering Abuse and Neglect of Children was adopted in December 2012.
85. The new Law on Child Protection adopted in February 2013 prohibits all forms of sexual exploitation and sexual abuse of children (harassment, child pornography, child prostitution), violent pandering, sale or trafficking in children, physiological or physical violence and ill-treatment, punishment or other degrading treatment, all forms of exploitation, commercial exploitation and abuse of children, by which fundamental rights and freedoms of children are violated. Sanctions for non-implementation of the provisions of the Law have been made stricter and fines have been introduced.
86. In the context of further improving the application of the Law on Juvenile Justice, implemented as of 30 June 2009, quarterly analysis are made, which review the application of the Law, while focusing on activities of Social Work Centres in applying measures of restorative justice and on preventive activities by the Ministry of the Interior. The IPA Project Justice for Children was implemented from 2010 to 2012, under which there were activities for advancement of the legal framework and standards for the application of the Law, activities for strengthening the institutional capacities required for the proper implementation of the Law, and activities for designing plans and instruments for prevention of juvenile offences.
87. The State Council for Prevention of Juvenile Delinquency started operating in 2009. According to the Law on Juvenile Justice, this Council is an autonomous and independent body composed of 15 members. The Council has adopted a National Strategy for the Prevention of Juvenile Delinquency.
88. The legislation prohibits corporal punishment of children. Article 9 of the Law on Child Protection prohibits psychological and physical ill-treatment, punishment or other inhuman treatment or abuse of children. Chapter XV of this Law contains misdemeanour provisions. Corporal punishment of children amounts to domestic violence, according to the Law on the Family and a crime according to the Criminal Code. The Laws on Primary and on Secondary Education prohibit physical and psychological ill-treatment of students.
G. Domestic violence – Recommendations 20, 22
90. The Law on the Family defines the mandate of Social Work Centres in working with victims of domestic violence and courts procedures when courts pronounce provisional protection measures. When the Centres have relevant information, they undertake the following measures: accommodation of victims up to 3 months, with a possibility for prolongation for another 3 months; provision of appropriate health care; relevant psycho-social interventions and treatment; referral to counselling; if in the family there are children regularly attending school, assistance for the continuation of regular school attendance; the Centres inform prosecution bodies; provide legal assistance and legal representation; institute relevant court proceedings; if necessary, file motions with relevant courts asking for provisional protection measures, etc. Social Work Centres obligatorily undertake protection measures in cases of juvenile victims or if the victim is a person without legal capacity.
I. Rights of persons belonging to non-majority communities – Recommendations 6, 8, 14, 24, 40, 41
103. In May 2013, in cooperation with the Department for promotion and development of education of persons belonging to communities, the Agency implemented a promotional campaign in primary schools in order to raise the awareness of parents and pupils about instruction in the mother tongue. In 2012, with financial support from the OSCE Mission in Skopje, a Handbook was prepared entitled "Implementation of rights of communities-practices, mechanisms and protection." In 2013, 15 municipalities are planned to be visited, in which debates organized and meetings with citizens are to be organized to promote the Handbook.
Rights of the Roma
106. The Project for inclusion of Roma children in pre-school education continued in 2013, as well. In the 2012-2013 academic year, 459 Roma children at the age of 3.8 to 5.7 years were included in pre-school education in 18 municipalities. The Project is implemented in cooperation with the Roma Education Fund, municipalities and public pre-school institutions.
112. The action for identifying persons not registered in the civil registry records started on 26 September 2011. Mixed teams composed of representatives of regional units of the Ministry of the Interior, the Department for Civil Registry Records, Social Work Centres, RICs and Roma NGOs worked on the field locating and identifying Roma that have not been entered in the civil registry records (Birth Register). A working body has been established, composed of representatives of the Ministry of Labour and Social Policy, MoI and the Department for Civil Registry Records, which considers and discusses the findings from the field research.
113. DNA analyses were made in the period from 13 to 21 December, 2012 for persons found without personal identification documents (32 in total). The results were submitted to the Department for Civil Registry Records for further procedure, i.e. for entering the concerned persons in the Birth Register. As of the start of the action until presently, 91 cases have been completed, and the concerned persons have been entered in the Birth Register or their personal name has been additionally entered.
114. According to the survey made by the UNICEF from 2006 to 2011, there is a greater percentage of enrolment and completion of primary and secondary school at the national level, also among children from poorest families. In primary education, the net attendance percentage has been increased from 95 to 98% at the national level, while this percentage has been raised from 86 to 96.5% among Roma children, while among the poorest population this percentage has been raised from 86 to 96.5%. The rate of completion of primary education has been raised from 83 to 97% at the national level, while among the Roma children there has been an increase from 45 to 97% and from 62 to 85% among the poorest families. The percentage of children enrolled in secondary schools has been increased from 95 to 98% at the national level, from 27 to 98% among the Roma and from 92 to 96% among the poorest families.
J. Trafficking in human beings – Recommendation 25
115. The amendments to the Criminal Code were adopted in September 2009. Amendments were made to Articles 418, a, b, and d, which prescribe sanctions for official persons against perpetration of crimes of trafficking in human beings – at least 8 years up to 10 years prison sentence in case the victim is a person of minor age.
116. From September 2009 to 1 June 2013, the Ministry of the Interior detected a total number of 15 cases of trafficking in human beings and of trafficking in minors, in which a total number of 56 perpetrators were involved. The victims of these crimes were 18 women, 13 of which were minor girls. Four of the victims were Albanian nationals, one Bulgarian and one B&H national. In the first five months of 2013, there were no cases of trafficking reported.
K. Other issues
Recommendation 15
125. Aiming at better social protection of street children, activities have been undertaken for development of social services for this category of children. Three day-care centres have been opened for street children (2 in Skopje and 1 in Bitola) and one 24 hour transit centre has been opened in Skopje. A Multi-Disciplinary Protocol for Treatment of street children has been adopted and the Methodological guidelines for treatment by professionals at Social Work Centres have been revised (with a focus on preventive activities). There have been trainings for employees at Social Work Centres, at the Ministry of the Interior, Ministry of Education and Science, and at the Ministry of Justice about treatment of street children. The Ministry of Labour and Social Policy and the Ministry of the Interior conduct joint actions for reducing the number of street children. The actions are supported with professional advice by Social Work Centres to parents about care and up-bringing of children, acquiring personal identification documents by street children, provision of health care, education, etc. Consequences of the lack of care and neglect of children are also underlined, as are sanctions for such treatment of children. The 2013-2015 Action Plan for street Children has been adopted and it strongly focuses on social protection and health care for these children and their inclusion in the education system through various forms. A free SOS telephone line has been introduced, which can be used to report cases of street children or cases of children victims of sexual abuse.
126. In November 2008, the Government adopted an Action Plan for prevention and treatment of sexual abuse of children and paedophilia covering the period from 2009 to 2012. At the beginning of 2012, the Ministry of Labour and Social Policy promoted a website, for reporting cases of sexual abuse of children and paedophilia. The Law on a Special Register of persons convicted of crimes of sexual abuse of juveniles and of the crime of paedophilia was adopted in 2012.
IV. Priorities of the Republic of Macedonia for advancement of human rights
Priorities at national level for human rights advancement
• Advancement of rights of women and girls;
• Application of laws and policies for the prevention of and fight against all violence
against women and girls, including domestic violence;
• Promoting children’s rights;
UN Compilation
I. Background and framework
A. Scope of international obligations 1
1. In 2013, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) and in 2010, the Committee on the Rights of the Child (CRC) encouraged the State to consider ratifying ICRMW.
2. CEDAW encouraged the State to accept the amendment to article 20(1) of the Convention.
3. CRC and the United Nations High Commissioner for Refugees (UNHCR) urged ratification of the 1961 Convention on the Reduction of Statelessness and CRC urged ratification of the Council of Europe Convention on the avoidance of statelessness in relation to State succession.
4. CRC recommended ratification of CPED.
5. CEDAW urged ratification of the Council of Europe Convention on Preventing and Combating Violence against Women. 8 CRC recommended ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2010).
6. CRC recommended that the State consider ratifying Hague Conventions No. 23 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, No. 24 on the Law Applicable to Maintenance Obligations, and No. 34 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect to Parental Responsibility and Measures for the Protection of Children.
7. CRC recommended ratification of the European Charter for Regional and Minority Languages.
B. Constitutional and legislative framework
8. CRC urged the State to complete the harmonization of its legislation with the Convention and review all relevant legislation, regulations, judicial and administrative procedures to ensure that the best interests of the child and the right of the child to be heard are incorporated.
C. Institutional and human rights infrastructure and policy measures
9. CEDAW recommended improvements to the visibility, accessibility and transparency of the Commission for the Protection against Discrimination (CPAD) and the Ombudsman. The United Nations Children’s Fund (UNICEF) noted that CPAD needed strengthening.
10. CEDAW and CRC recommended that the State ensure that the Ombudsman institution is fully in line with the Paris Principles.
11. UNICEF noted that the National Child Rights Commission lacked a dedicated budget and secretariat. 18 CRC urged the State to ensure that the Commission take the lead in policy planning and priority setting for the implementation of the Convention, and to provide it with adequate resources. 19 It urged the State to consider designating this Commission to be in charge of coordination and evaluation of all activities to implement OP-CRC-SC.
12. While welcoming the adoption of the 2006-2015 National Plan of Action on Children’s Rights (NPA) and the development of local action plans for the implementation of the Convention by 53 (out of 83) municipalities, CRC recommended that the State accelerate the implementation of the NPA and encourage the remaining municipalities to adopt local plans. 21 It further urged allocating or earmarking funds for NPA implementation.
13. CRC recommended the development of a national plan of action aimed at addressing all issues covered under OP-CRC-SC.
14. CRC regretted the absence of measures and programmes targeting vulnerable children, in particular girls, Roma, children in street situations or in residential care, child refugees and unaccompanied or separated children.
15. CRC encouraged the strengthening of international cooperation, especially with neighbouring countries, with a view to improving prevention, detection, investigation, prosecution and punishment of those responsible for offences covered under OP-CRC-SC.
16. CRC recommended the inclusion of peace education in the school curricula, with special reference to awareness of the crimes covered by OP-CRC-AC.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
22. CRC was concerned that the new Law on Prevention and Protection against Discrimination did not explicitly cover certain grounds for discrimination and that it provided a long list of exceptions from what constituted discrimination.
25. CRC was concerned about the de facto discrimination of children who (a) belonged to minorities, especially Roma; (b) were in institutions or in street situations; (c) had disabilities; and (d) were in conflict with the law.
B. Right to life, liberty and security of the person
27. CRC was deeply concerned about allegations of solitary confinement, corporal punishment and use of batons in the Educational-Correctional Institution. It recommended that the State abolish the use of corporal punishment and review or limit as much as possible the use of solitary confinement in the Institution. 45 It also recommended the prohibition of corporal punishment in the home.
29. CRC recommended that the State enforce the relevant legislation, punish perpetrators of physical and sexual abuse in the home and in schools, and ensure that child victims have access to specialized services for recovery, rehabilitation and family reintegration. 48 It made similar recommendations regarding child victims of offences covered under OP-CRC-SC and OP-CRC-AC.
30. CRC was concerned that the legislation focused almost exclusively on trafficking to the detriment of other aspects of the sale of children. 50 CRC recommended revision of the Criminal Code to include the crime of sale of children and to prohibit all forms of possession of child pornography.
31. CRC recommended that the State (a) implement legislation against trafficking in persons; (b) conduct capacity-building programmes for law-enforcement officers, judges and prosecutors; (c) investigate and prosecute all cases of sale and trafficking; and (d) carry out awareness-raising activities, in order to make both parents and children aware of the dangers and consequences of these crimes. 52 CEDAW recommended addressing the root causes of trafficking and exploitation of women and girls.
32. CRC was concerned about the reported rise in the number of cases of child sexual abuse and exploitation, that only children younger than 14 years were protected under article 188 of the Criminal Code and that in cases of rape the burden of proof fell on the victim above the age of 14 years.
33. While noting that, under the Law on Labour Relations, the minimum age for admission to employment was 15 years and persons employed under the age of 18 years were entitled to special protection, CRC was concerned about the weak implementation of child labour laws and policies, and about the incidence of child labour in the informal sector, in particular begging and street vending at intersections, on street corners and in restaurants.
34. CRC recommended that the State ensure the continuity of a toll-free, 24-hour helpline, increase its accessibility, and recognize it as a source of information and data for policy and legislation on children’s rights, and as a tool for early intervention and prevention.
C. Administration of justice, including impunity, and the rule of law
37. UNICEF reported difficulties in the implementation of juvenile justice legislation, including poor harmonization between legislation, confusion arising from continuous legislative amendments, and a need for continuous training. 59 It also noted that free legal aid was not provided to children in conflict with the law, although it was mandatory. 60 CRC recommended that the State (a) ensure that children under the age of criminal responsibility are not punished in any manner for criminal actions; (b) review practices to ensure that children are not treated as adult offenders in the administration of juvenile justice; (c) ensure the separation of juvenile and adult offenders; (d) ensure that children are deprived of their liberty only as a measure of last resort; and (e) abolish the practice of compulsory drug testing in the Educational-Correctional Institution.
38. CRC recommended that the State revise its criminal legislation to establish and exercise extraterritorial jurisdiction over crimes covered by OP-CRC-SC and OP-CRC-AC, without the criterion of double criminality, and consider these Protocols to be a legal basis for extradition without the condition of the existence of a bilateral treaty.
39. CRC recommended that the State ensure that all children victims and/or witnesses of crimes are provided with the protection required by the Convention and that it take fully into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime. 63 It was concerned that in some cases courts had allegedly allowed the confrontation of child victims with the accused.
D. Right to privacy, marriage and family life
40. CEDAW urged the raising of awareness among Roma and Albanian communities about the prohibition of child marriage and the investigation and prosecution of cases of forced and early marriage. It also called upon the State to adopt measures to register all marriages, including those taking place within Roma and Albanian communities. 65 CRC made similar recommendations.
41. CRC recommended that the State take measures to respect the privacy of children in the media by strengthening implementation of existing legislation and awareness.
42. CRC was concerned that there remained a number of children who lacked registration and identity documentation. These included many who were in street situations, as well as many Roma children. It urged the State to (a) take immediate measures to ensure retroactive birth registration and issuance of documents for these children; (b) ensure that children lacking identity documents not be refused access to education, health, and public services, including child allowances.
43. CRC recommended that the State ensure the preservation of information on the origin of adopted children and ensure that children be informed about the fact of their adoption and have access to such information at the appropriate age and level of development.
44. CRC recommended that the State develop safeguards to ensure respect for the “subsidiarity principle” so that the intercountry adoption of a child was only considered after all possibilities for domestic adoption had been exhausted.
45. CRC recommended removal of the competence of the social work centres to limit and suspend parental rights and ensure that the suspension of parental rights was only done by a competent judge and only when required for the immediate protection of the child and for the protection of the child’s best interests.
46. CRC recommended that the State identify alternative measures for the recovery of maintenance from solvent parents who refused to pay and consider establishing a national fund while enforcement measures were enacted.
E. Freedom of religion or belief, expression and association, and right to participate in public and political life
50. CRC recommended that the State ensure that religious education was optional, taking into consideration the best interests of the child, and was conducted in a manner that contributed to a spirit of understanding, tolerance and friendship among all ethnic and religious groups.
G. Right to social security and to an adequate standard of living
60. CRC recommended that the State prioritize the protection of an adequate standard of living for children in vulnerable situations – including in forthcoming legislation, strategies and programmes for social protection, and particularly in the distribution of child allowances – and ensure that this is observed in practice by the relevant State institutions. The State should remove all forms of discrimination in the distribution of child allowances and other forms of social welfare.
61. CRC recommended that the State (a) provide adequate protection and assistance for recovery and reintegration to children in street situations and develop a comprehensive strategy addressing the root causes; (b) raise public awareness of their rights and needs and combat misconceptions and prejudices; and (c) ensure that they be consulted when planning programmes designed to enhance their living conditions and improve their development.
H. Right to health
63. CEDAW remained concerned about the high rate of abortion and the low use and availability of modern forms of contraception. It was also concerned about the financial, cultural and physical barriers to gynaecological services faced by Roma and rural women. It was further concerned about the lack of education programmes on sexual and reproductive health and rights in schools, the lack of gender perspective in national HIV and other health policies. 96 CRC had similar concerns.
64. CRC was concerned about the absence of prevention measures and rehabilitation services for children using drugs or alcohol.
65. UNICEF noted that, after decreases in 2009-2011, infant mortality increased 30 per cent in 2012 to 9.7. Roma and ethnic Albanian children had a 25 per cent higher rate. Limited progress had been made to determine and address the causes of infant mortality. 99 CRC was concerned that that perinatal mortality was the highest in the region, and that refugee children who lacked proper documentation had been refused medical treatment.
66. CRC recommended that the State (a) prevent and reduce infant mortality among the Roma community; (b) increase the quality and availability of health services to eliminate urban–rural disparities; (c) provide medical assistance and health care to all children, with emphasis on the development of primary health care and; (d) raise the quality of prenatal and postnatal health care for mothers, with a view to preventing perinatal mortality.
67. CRC regretted (a) the declining rate of exclusive breastfeeding; (b) that the paediatric association, which controlled breastfeeding guidelines, accepted sponsorship from the baby food industry; and (c) that baby food products were marked “for 4 months” and were widely promoted by and available from private enterprises. It recommended that the State enforce existing legislation, promote exclusive breastfeeding practices and comply with the International Code of Marketing of Breast-milk Substitutes.
68. UNICEF noted progress in child nutrition over the past decade, but that stunting among Roma children was unchanged since 2005 at 16.5 per cent and was three times the national average.
69. CRC recommended the development of child and adolescent mental health policy, prevention of mental disorders in primary care, and outpatient and inpatient health services, with a view to improving mental health and emotional well-being of children.
I. Right to education
70. CEDAW urged the State to address barriers to the education of women and girls, to reduce their dropout rates. 105 UNESCO had similar recommendations.
71. UNICEF noted increased awareness of the importance of education among the Roma, but noted that there were still discrepancies such as secondary school attendance rates of 42 and 35 per cent for Roma boys and girls respectively (compared to the national averages of 84 and 81 per cent). 107 It also noted that only 65 per cent of ethnic Albanian girls attended secondary school.
72. CRC recommended that the State (a) ensure that children not be denied access to education on any grounds; (b) develop specialized services to prepare children in street situations for reintegration into the school system; (c) invest in teachers training and curricula development; (d) promote the integration of Roma children in mainstream education; (e) ensure access to early childhood development and education; and (f) implement plans to introduce reproductive education in both primary and secondary school.
73. UNICEF noted that discriminatory practices led to incidences of non-acceptance of children with disabilities in regular schools and that Roma children were overrepresented in the Special Schools. 110 CEDAW urged addressing the recommendations of the Ombudsman, which called for the regulation and review of findings made by institutions authorized to determine the level of children’s disabilities and special measures, including those of Roma girls. 111 CRC recommended that the State ensure that the decision to refer children to special schools be based on objective criteria.
74. UNICEF mentioned that, in terms of inter-ethnic relations in education, the trend of increasing separation by ethnicity in schools continued and activities aimed at inter-ethnic education were mainly donor-supported. 113 CRC recommended that the State work with the communities to encourage the enrolment of children in ethnically-mixed schools and provide in practice possibilities for children from the different communities to learn about one another.
J. Persons with disabilities
76. CRC was concerned at the persisting inadequacy of educational, social and health services for children with disabilities and their families in their own living environment. It recommended that the State (a) develop a policy for their protection and their equal access to social, educational and other services; (b) ensure that children with disabilities are able to exercise their right to education to the maximum extent possible; (c) create the conditions for their participation in the elaboration, execution and evaluation of specific programmes; and (d) provide training for professional staff working with children with disabilities.
K. Minorities
78. While appreciating that mother tongue education was available for most communities – namely in the Macedonian, Albanian, Turkish and Serbian languages and the introduction of “Romani language and culture” – CRC regretted the limited availability and lower quality of education in the language of certain minorities, particularly the Roma and Vlach communities. It recommended that the State (a) protect the rights of children belonging to minority groups, respect their culture and guarantee their enjoyment of the rights enshrined in the national constitution; and (b) train educators and develop curricula, textbooks and other aides in order to increase the availability and raise the quality of minority language education, particularly for Roma (for all those groups who are using
their own language) and Vlach children.
L. Migrants, refugees and asylum-seekers
81. UNHCR was concerned that there was no procedure in place for determining the best interests of the child. Legislation and procedures were absent for unaccompanied and separated children. Among the problems was that temporary guardians were not appointed to all children and they usually never appeared before the authorities during the procedure. 122 CRC recommended that the State ensure that unaccompanied and separated children be appointed a guardian and be accommodated separately from adults, and that children among refugees and asylum seekers be assured of access to education, health care, social protection and housing.
82. CRC urged the State to (a) ensure that the status of children among refugees and persons under subsidiary protection be documented and certified; and (b) continue fulfilling its international obligations and raising protection standards with regard to stateless children, in particular by establishing a specific statelessness determination procedure.
83. CRC recommended that the State continue cooperating with partners, including UNHCR, and implement the provisions of the LATP regarding the examination of asylum applications and family tracing. It further recommended the establishment of mechanisms to identify children who had been involved in armed conflict in order to ensure adequate protection, recovery and reintegration, and the establishment of a mechanism to follow up with unaccompanied and separated children once they left a reception centre.
Stakeholders Compilation
A. Background and framework
3. Institutional and human rights infrastructure and policy measures
15. JS2 praised the authorities’ consultations with NGOs during the drafting of the revised National Plan of Action Plan Children’s Rights for 2012-15, which followed the recommendations of the Committee on the Rights of the Child, and called for adequate funds to be allocated to its implementation. 23 JS6 noted that relevant NGOs were excluded from the consultations on the Government’s Anti-Discrimination Strategy which was adopted in 2012.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
2. Right to life, liberty and security of the person
24. JS3 provided details of seven cases documented between May 2011 and May 2013 involving the use of excessive force or physical ill-treatment by police officers against Roma victims, including women and minors. In one case the complainant was too scared to report the case to the police and, in an additional case, a police officer refused to record the complaint of an assault by a non-Roma civilian.
33. The Global Initiative to End All Corporal Punishment of Children and CoE noted that corporal punishment is not explicitly prohibited in the home and in institutions.
3. Administration of justice, including impunity, and the rule of law
38. The CoE noted the CoE-CPT’s criticism of the treatment of juveniles held on remand and its recommendation that action be taken to offer them educational and recreational activities and to ensure that they are never held in a situation of de facto solitary confinement.63 The Ombudsman noted that only two police stations had special rooms for interviewing juveniles in accordance with the law and had other concerns relating to the detention of juveniles.
39. JS2 mentioned that the stringent criteria for legal aid meant few applications for free legal aid were granted. The 2009 Law on Free Legal Aid was not contributing to better access to justice for vulnerable groups and it called for the immediate amendment of the legislation to eliminate procedural and other barriers denying access to justice for the poor.
7. Right to work and to just and favourable conditions of work
55. The Ombudsman found that discrimination was present in all aspects of employment and was most frequently based on ethnicity. 92 JS2 noted a lack of results from active employment measures and lack of monitoring and the absence of gender disaggregated data. It referred to the absence of policies on work-life balance, in particular those concerning early childhood education and care. Estimated kindergarten capacity could only provide for 16 per cent of pre-school age children.
9. Right to Health
61. In relation to Roma mothers and children JS4 noted insufficient provision of preventive healthcare, including immunization and health education and of antenatal healthcare. It noted low rates of the use of contraceptives and high abortion rates in comparison with the majority population.
65. JS4 noted inadequate access to treatment for drug users in Skopje and recommended easy and safe access to treatment. It also called for a protocol and training for medical staff to treat children addicted to drugs.
10. Right to education
66. CoE-Commissioner recognized the well-developed opportunities for non-majority communities to receive education in their own language, but referred to the need to address the negative impact of ethnic segregation in schools including lack of mutual comprehension and social cohesion. CoE-ECRI recommended strengthening pluri-lingual teaching, more common activities and policies to promote mixing and interaction between children of all linguistic and ethnic backgrounds.
67. CoE-Commissioner and CoE-ACFC noted the lack of opportunities for Roma children to attend pre-school education which affects negatively their acquisition of the Macedonian language and jeopardises their future education. Both indicated that a shortage of teachers speaking the Romani language exacerbated the problem.110 JS2 stated that the Government’s efforts to increase the number of Roma in pre-school education were insufficient and risked discontinuation upon the donor’s completion of the project.
68. JS3 stated that the special education system violated CRPD and the disproportionate number of Roma children in these schools suggested discrimination on basis of ethnicity. It noted that pupils were isolated in special schools or special classes and offered a sub-standard curriculum. CoE-Commissioner expressed concern about the issue and CoE-ECRI also made related recommendations. JS3 mentioned that many Roma children start their education in mainstream schools but are transferred to special education due to a lack of support and poor performance. Parents were not informed of the possibility of challenging a child’s categorization. It referred to cases where children were enrolled into special education without any testing for alleged disabilities.