MACEDONIA: Children's Rights in UN Treaty Body Reports

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

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

Scroll to:

_____________________________________________

UN Human Rights Committee

CCPR/C/MKD/CO/2

Last reported: 26 March 2008                                                                       Concluding Observations issued: 17 April 2008

Issues raised and recommendations given:

Trafficking: The Committee, albeit commending the various efforts made by the State party to address and combat trafficking in women and children, remains concerned about this phenomenon and in particular about the low number of cases where compensation for non-pecuniary damage has been granted. The State party should continue to implement and enforce its measures to combat trafficking in women and children and bring those responsible to justice.

Training for police, border guards, judges, lawyers and other relevant personnel should be provided, in order to raise awareness of the sensitivity of the issue of trafficking and the rights of victims. Measures should be taken to enhance the level of indemnification of victims of trafficking and to ensure that assistance schemes are not applied in a selective manner. The State party should also undertake to promote a change of public perception regarding the issue of trafficking, in particular with regard to the status of trafficked persons as victims. (arts. 3, 8, 24)

Minorities: The Committee, while commending efforts taken by the State party to improve the situation of minorities, including the Roma population, remains concerned about the inadequate opportunities for members of minority groups, in particular Roma, to receive education at the primary and secondary levels in their language, as well as the high level of premature termination of schooling among Roma children. Segregationist trends and the harassment against Roma children in schools remain a source of concern to the Committee.

The State party should continue to strengthen its efforts towards providing children of minorities with adequate opportunities to receive education in their own language and should take measures to prevent premature termination of schooling among such children. It should further undertake all possible measures to prevent segregation of Roma children in schools and build an environment of mutual respect to avoid incidents of harassment against children of minority groups. Teacher training should include enhanced sensitization towards minority issues. (arts. 26, 27)

---------------------------------------------

Last reported: 22 and 23 July 1998                                                              Concluding Observations adopted: 29 July 1998 

Issues raised and recommendations given:

Trafficking of women and children: The Committee remains concerned about this phenomenon and in particular about the low number of cases where compensation for non-pecuniary damage has been granted. The State party should continue to implement and enforce measures to combat trafficking in women and children and bring those responsible to justice. Training for police, border guards, judges, lawyers and other relevant personnel should be provided, in order to raise awareness of the sensitivity of issues around trafficking and the rights of victims. Measures should be taken to enhance compensation of victims of trafficking and to ensure that assistance schemes are not applied in a selective manner. The State party should also undertake to promote a change of public perception in relation to trafficking, highlighting in particular the status of trafficked persons as victims. (Para. 13)

Discrimination against the Roma minority: inadequate opportunities for members of minority groups, especially Roma people, to receive education at the primary and secondary levels in their mother tongue, as well as the high level of premature termination of schooling among Roma children. Segregationist trends and harassment of Roma children in schools remain a source of concern to the Committee.

Macedonia should continue to strengthen its efforts towards providing children of minorities with adequate opportunities to receive education in their own language and should take measures to prevent premature termination of schooling among such children. It should further undertake all possible measures to prevent segregation of Roma children in schools and build an environment of mutual respect to avoid incidents of harassment of children from minority groups. Teacher training should include more direction on minority issues. (Para. 19)

-------------------------------------

UN Human Rights Committee: Follow-up

August/ September 2009

No mentions of children's rights

_____________________________________________

UN Committee on Economic, Social and Cultural Rights

E/C.12/MKD/CO/2-4

Concluding observations: 24 June 2016

Legislative background: The Committee welcomes the ratification of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2012 (para 3).

Migrants, asylum-seekers and refugees: The Committee notes the decision of the State party to close its border completely to migrants on 8 March 2016 and remains concerned about all its negative impacts. The Committee is concerned about the situation of refugees, many of whom are women and children, who were still stranded at the temporary transit centres in Vinojug and Tabanovce at the time of the dialogue, living in precarious conditions with limited access to healthcare services, education and other basic services. It is also concerned that, despite article 51 of the 2003 Law on Asylum and Temporary Protection, the access to employment of recognized refugees and persons under subsidiary protection remains in practice limited owing to the lack of required documents to register with the Employment Agency. The Committee regrets, finally, that the recent amendment made to article 8 of the Law on Asylum and Temporary Protection de facto denies the right of a recognized refugee or a person under subsidiary protection to family reunification for a period of three years after being granted right to asylum (para 21).

The Committee recommends that the State party improve living conditions in the two temporary transit centres in Vinojug and Tabanovce by ensuring that the persons in these centres have access to healthcare, education and other basic services, and to meet the special needs of women, children, persons with disabilities and sick persons. It also recommends that the State party take measures necessary to ensure that recognized refugees and persons under subsidiary protection have access to all active employment opportunities by providing them with the necessary documentation and other forms of assistance to register with the Employment Agency. The Committee urges the State party to withdraw the recent amendment to article 8 of the Law on Asylum and Temporary Protection and ensure that refugees and persons under subsidiary protection do not have to wait for an disproportionate period of time before they are entitled to family reunification (para 22).

Right to adequate food: The Committee is concerned at the excessive proportion of household budget spent on food. It is also concerned at the high malnutrition rates among Roma children and children living in rural areas. It notes the prevalence of nutrition-related diseases, including obesity and micronutrient-deficiencies (para 43).

The Committee recommends that the State party take the steps necessary to protect the right to adequate food, including the adoption of a national strategy. The State party’s attention is drawn to general comment No. 12 (1999) on the right to adequate food and the 2004 Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security (para 44).

Sexual and reproductive health: The Committee is concerned at limited access to modern contraception, particularly among women and girls. The Committee recommends that the State party take all measures necessary to ensure that modern contraception methods are affordable to all, including by adding contraceptives in the list of medicines covered by the Health Insurance Fund (paras 49, 50).

Drug use: The Committee is concerned at the increase in the number of drug users, particularly among Roma children. The Committee recommends that the State party take effective measures to reduce drug abuse; to reinstate harm reduction programmes in the National Strategy on Drugs (2014-2020); to provide sufficient support for the implementation of the Strategy and to ensure the maintenance of the programs funded by the Global Fund; and to review the restrictive provisions introduced in the Law on the Control of Narcotic Drugs and Psychotropic Substances (paras 51, 52).

Right to education: While taking note of the efforts of the State party in this area, the Committee is concerned that school enrolment and retention rates have decreased, particularly for Roma children, among whom the level of academic performance remains disproportionately low, at both primary and secondary levels. It is also concerned that a disproportionately high number of Roma children continue to be categorized as persons with psychological disabilities and, consequently, they are over-represented in special schools and special classes in mainstream schools (para 53).

The Committee recommends that the State party intensify its efforts to improve school enrolment and retention rates of Roma children and their academic performance, including through providing mentoring and tutoring services and other special assistance measures for Roma children. It also recommends that the State party take all measures necessary to address the over-representation of Roma children in special schools and special classes in mainstream schools, including the review of the categorization criteria and the adoption of inclusive and integrated education programmes (para 54).

E/C.12/MKD/CO/1

Last reported: 13 and 14 November 2006
Concluding Observations adopted: 22 November 2006

Issues raised and recommendations given: 

Discrimination/Identity/Education/Health/Social security: The Committee is concerned about reports that Roma face widespread discrimination in access to social assistance, health care and education, that Roma and Albanian applicants sometimes experience difficulties in obtaining citizenship, and that a certain number of Roma lack personal documents, such as identity cards, birth certificates and medical insurance cards, which are necessary for them to access social insurance, health care and other benefits.

The Committee recommends that the State party intensify its efforts to combat discrimination against Roma in all fields covered by the Covenant, urgently process pending citizenship claims from Roma, Albanian and other minority applicants, and take immediate steps, e.g. by removing administrative obstacles, to issue all Roma applicants with personal documents. (Para. 12)

Domestic violence: The Committee is deeply concerned about the high incidence of domestic violence against women and children in the State party, the reluctance of victims to report cases of domestic violence and spousal rape, the frequent failure of the police to investigate complaints and prosecute perpetrators of such violence, and the requirement of proof of penetration and active resistance by victims for convictions of rape.

The Committee urges the State party to enact a specific law criminalising domestic violence; provide mandatory training for police, prosecutors, judges and staff of the Social Work Centres on the application of provisions relating to domestic violence and civil restraining orders; encourage reporting of domestic violence through enhanced victim assistance and sensitisation of health and other professionals working with victims of domestic violence, in particular women and children; broaden the definition of violence against children and establish a system for identifying, recording and referring cases; and provide current data on the number and nature of reported cases of domestic violence, convictions and the type of sanctions imposed in its next report. The Committee also recommends that Macedonia consider amending its Criminal Code, with a view to removing the requirement of proof of penetration and active resistance by victims for convictions of rape. (Para. 19)

Child trafficking: The Committee is concerned that, in spite of the State party's efforts to address this problem, the number of internally trafficked women and girls has increased, assistance for victims of trafficking is reportedly inadequate, court procedures are lengthy and sentences for perpetrators lenient, and that the funds allocated to support anti-trafficking activities are insufficient.

The Committee recommends that the State party intensify its efforts to combat trafficking in persons, especially women and girls, by allocating sufficient funds for assisting and rehabilitating victims, as well as for witness protection programmes, providing mandatory training on trafficking for police, prosecutors and judges, and by effectively implementing the National Strategy and Action Plan on Human Trafficking and the proposed National Trafficking in Children Action Plan. (Para. 20)

Children living on the street/Health: The Committee is deeply concerned about the fact that hundreds of children in cities, primarily Roma, live on the streets and do not attend school or benefit from adequate health care.The Committee urges the State party to take all necessary measures to combat the phenomenon of street children and to protect their families, inter alia, by constructing low-cost housing and providing basic infrastructure and amenities; relocating waste disposal sites from Roma settlements; providing job opportunities; opening additional day centres for children living on the street, in cooperation with non-governmental organisations, as well as outpatient clinics; and providing medical counselling and basic medication to these children and their families. (Para. 21)

Infant mortality: The Committee notes with concern that the infant mortality rate has increased in recent years and that the perinatal mortality rate remains high in the State party. The Committee recommends that the State party increase the number of mandatory visits of patronage nurses per child, incorporate a family nursing approach in its national health strategy, and allocate sufficient funds towards the execution of the national preventive programme on mother and child health. (Para. 25)

Health/Early pregnancies: The Committee expresses concern about the limited access of young people to sexual and reproductive health services, especially in rural areas, the limited use of contraceptives and the significant number of abortions and undesired teenage pregnancies, in particular among Roma girls. The Committee recommends that the State party intensify its efforts to educate children and adolescents on sexual and reproductive health and to enhance the accessibility of sexual and reproductive health services, including gynaecological and counselling services, in particular in rural areas and in communities where Roma and other disadvantaged and marginalised individuals or groups live. (Para. 26)

Education: The Committee is deeply concerned about the high dropout rate in primary and secondary education, especially at the stage of transition from primary to secondary school, low school enrolment and attendance in rural areas and among Roma children, Roma and Ashkali refugee children, girls from certain Albanian communities, and children with disabilities. The high illiteracy rate is also a concern. 

The Committee urges the State party to ensure free primary education for all children and gradually reduce the costs of secondary education, for example through subsidies for textbooks, school kits and aids, and increased scholarships, in particular for disadvantaged and marginalised children, in accordance with the Committee's general comment no. 13 (1999); promote universal school attendance through stronger awareness raising campaigns for parents on the importance of education and their obligation to send their children, including girls, to school and catch-up classes and other special programmes to address the specific needs of pupils with a lower academic performance. (Para. 27)

Education/Discrimination: The Committee notes with concern reports that some parents refuse to send their children to ethnically mixed schools, clashes between Macedonian and Albanian pupils over the introduction of additional classes in Albanian and the functioning of ethnically mixed schools, segregation of Roma and other minority or refugee children in separate schools, the lack or poor quality of classes in minority languages and the lack of textbooks, as well as inadequate training of teachers of minority languages.

The Committee recommends that the State party end the practice of segregating Roma and other minority and refugee children in separate schools; ensure, to the extent possible, adequate opportunities for minority children to receive instruction in their native language by monitoring the quality of minority language instruction, providing textbooks and increasing the number of teachers instructing in minority languages; and improve its efforts to promote respect for cultural values of ethnic communities and the right of everyone to take part in cultural life in order to enhance understanding, tolerance and mutual respect among the different ethnic groups in the State party. (Para. 28)

_____________________________________________

UN Committee against Torture

CAT/C/MKD/CO/2

Last reported: 7 and 8 May 2008
Concluding Observations adopted: 15 May 2008

Issues raised and recommendations given:

Domestic violence against women and children: The Committee welcomes the abolition of the requirements of both penetration and active resistance by the victim to constitute the crime of rape. However, it is concerned at the low numbers of investigations and prosecutions of cases of domestic violence. The State party should increase its efforts to prevent, combat and punish such violence and ensure the implementation of its national strategy to prevent domestic violence. Macedonia is encouraged to conduct broader awareness-raising campaigns and training on domestic violence for officials (law enforcement agencies, judges, lawyers and social workers) who are in direct contact with the victims as well as for the public at large. (Para. 19)

Corporal punishment: The Committee notes that corporal punishment of children is not explicitly prohibited in all settings and is a common and accepted means of bringing children up. The State party, taking into account the recommendation in the United Nations Secretary General's Study on Violence against Children, should adopt and implement legislation prohibiting corporal punishment in all settings, supported by the necessary awareness-raising and public education measures. (Para. 21)

Child trafficking: The Committee is still concerned that trafficking in women and girls, especially for the purpose of sexual exploitation, is a serious problem in the State party, and that recovery and reintegration services are insufficient. The State party should continue to prosecute and punish trafficking in persons, especially women and children, and intensify its efforts to provide recovery and reintegration services to victims. The State party should also conduct nationwide awareness-raising campaigns and conduct training for law enforcement officials, migration officials and border police on the causes, consequences and incidence of trafficking and other forms of exploitation. (Para. 22)

_____________________________________________

UN Committee on the Elimination of Discrimination against Women

CEDAW/C/MKD/CO/4-5

Last reported: 21 February 2013                                                                      Concluding Observations issued: 22 March 2013

Issues raised and recommendations given:

Stereotypes: The Committee is concerned about the persistence of stereotypes concerning the roles and responsibilities of women and men in the family and society, which overemphasize the traditional role of women as mothers and wives, thus undermining women’s social status and their educational and professional careers. The Committee notes with concern that the media persistently convey stereotyped and sometimes degrading images of women and that there is not a sufficient overview of such representation. (Para. 20) 

The Committee calls upon the State party to: (a) Further strengthen its efforts to put in place a comprehensive policy with proactive and sustained measures, targeted at women, men, girls and boys, to overcome stereotypical attitudes about the roles and responsibilities of women and men in the family and in society; and (b) Take all appropriate measures to raise the awareness of the media on the need to eliminate gender stereotypes by promoting positive images of women actively participating in social, economic and political life and to encourage the media to institute an effective self-regulatory mechanism for addressing the degrading representation of women in the media. (Para. 21)

Violence against women: While noting the amendments to the State party’s 2008 Family Law, which extend the definition of a victim of family violence, the Committee remains concerned that this law does not protect all victims of violence, that family violence remains criminalized as an aggravating circumstance only and that specific and comprehensive legislation covering all forms of violence against women, in particular domestic, sexual and psychological violence, is absent. Furthermore, while commending the adoption of the National Strategy for Prevention and Protection from Family Violence 2012–2015 and the National Coordination Body for the Prevention and Protection from Family Violence, the Committee expresses its concern about the increasing incidence of all forms of violence which are underreported, in particular psychological, physical and sexual violence against women and girls; the limited use of protection orders; the limited number of State-run shelters and the lack of data on violence against women. (Para. 22)

Recalling its general recommendation No. 19 (1992) on violence against women, the Committee urges the State party to: (a) Strengthen existing criminal and family law or adopt a comprehensive law addressing all forms of violence against women, including domestic and sexual violence, and ensure that all women and girls who are victims of violence are protected by such legislation and have access to immediate means of redress and protection and further ensure that perpetrators are prosecuted and punished; (b) Raise public awareness, through the media and educational programmes and provide mandatory training for judges, prosecutors, lawyers, police officers, health-service providers and social services and teaching staff in order to ensure that they are sensitized to all forms of violence against women and girls and can provide adequate gender-sensitive support to victims;

The Committee further urges the State party to: (c) Encourage women to report incidents of domestic and sexual violence by raising awareness about the criminal nature of such acts and provide adequate assistance and protection to women victims of violence, including Roma women and women from other ethnic minorities; (d) Increase the number and funding of shelters and guarantee national coverage, including for women from ethnic minorities and women from other disadvantaged groups affected by violence; (e) Enhance the system of data collection to ensure that data are disaggregated by type of violence and by the relationship of the perpetrator to the victim, support research in this field and ensure that information and collected data are available to the public; and (f) Expeditiously ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence and introduce criminal sanctions for non-compliance with restraining orders. (Para. 23)

Trafficking and prostitution: While noting the legislative, institutional and policy measures taken to combat trafficking in persons, including the adoption of the National Strategy for the Fight against Trafficking in Human Beings and Illegal Migrants (2009–2013) and the National Referral Mechanism, the Committee remains concerned about: (a) The lack of visibility and coordination of the relevant institutional mechanisms; (b) The high number of girls trafficked for the purpose of sexual exploitation; (c) The lack of preventive measures to address the root causes of trafficking, in particular with regard to Roma women; and (d) The lack of information on re-socialization programmes. Furthermore, while noting that prostitution is a misdemeanour in the State party only for persons in prostitution, the Committee regrets the absence of information on the prevalence of prostitution and is concerned by the lack of efforts to prevent the exploitation of prostitution and to address its root causes, and the lack of protection, health services and exit and reintegration programmes for victims of this form of exploitation. (Paras. 24-25)

The Committee recommends that the State party: (a) Effectively implement the National Strategy against Trafficking by strengthening the visibility and cooperation between the relevant institutional mechanisms, monitoring the National Referral Mechanism for victims of trafficking in human beings and by providing funding for anti-trafficking activities by relevant national institutions and non-governmental organizations; (b) Address the root causes of trafficking and exploitation of women and girls by increasing its efforts to prevent the trafficking of all women and girls, including Roma women and girls; and (c) Pursue a comprehensive approach in addressing the exploitation of prostitution, including by developing strategies and implementing programmes to support and provide rehabilitation for women who wish to leave prostitution, and ensure the investigation, prosecution and punishment of those who exploit prostitution. (Para. 26)

Education: While noting the introduction of compulsory secondary education in 2007, the Committee is concerned about the lack of sufficient data disaggregated by sex and ethnicity allowing for the comparison of the educational attainment of girls in different ethnic communities. The Committee reiterates its concern, expressed in its previous concluding observations (CEDAW/C/MKD/CO/3, para. 27), at the dropout rates of Roma girls and women. It also notes the low number of Roma girls in higher education and the lack of measures taken to ensure their access to education. The Committee is further concerned by the findings of the Office of the Ombudsman that there is a disproportionately high number of Roma children, including girls, in schools for children with special needs. The Committee urges the State party to enhance its compliance with article 10 of the Convention and raise awareness of the importance of education as a human right and as the basis for the empowerment of women. (Para. 29)  

To this end, it urges the State party to: (a) Provide comparative data disaggregated by sex and ethnicity on the rates of school enrolment, attendance and dropout rates; (b) Address barriers to the education of all women and girls, such as negative cultural attitudes and excessive domestic duties, to take steps to reduce and prevent the dropout of girls and strengthen the implementation of re-entry policies enabling girls who drop out to return to school; and (c) Investigate and urgently address the recommendations of the Office of the Ombudsman which call for the regulation and review of findings made by institutions authorized to determine the level of children’s disabilities and special needs, including those of Roma girls. (Para. 30)

Employment and family responsibilities: The Committee is concerned that the lack of policies stimulating women’s economic activities, childcare facilities, and changes to the Labour Law concerning parental leave forces women into part-time and low-paid work and reinforces the unequal division of family responsibilities between women and men. (Para. 31)

Health: While noting the adoption of the National Strategy on Sexual and Reproductive Health 2010–2020 and the low maternal mortality rate, the Committee remains concerned about the high rate of abortion and the low use, availability and accessibility of modern forms of contraception, which indicates that abortion continues to be used as a method of birth control. The Committee is also concerned about the financial, cultural and physical barriers to gynaecological services faced by Roma and rural women. The Committee is 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, and the lack of sex-disaggregated data. Furthermore, the Committee regrets the lack of information on health and rehabilitation services available to women and girl drug users. (Para. 33)

The Committee urges the State party to: (a) Take all measures necessary to improve women’s access to quality health care and health-related services, within the framework of the Committee’s general recommendation No. 24 (1999) on women and health; (b) Raise awareness, through public education campaigns, education on sexual and reproductive health in schools and enhanced counselling services, about the importance of using contraceptives for family planning and increase efforts to provide adequate family planning services and affordable contraceptives; and (c) Integrate a gender perspective in all health interventions and policies and collect and analyse sex-disaggregated data. (Para. 34)

Marriage and family relations: The Committee is concerned about the prevalence of the practice of arranged and early marriage within Roma and Albanian communities, the lack of specific measures in place to combat this discriminatory practice, the lack of statistical data and information on this phenomenon and the lack of measures taken by the State party to ensure that all marriages are registered. The Committee urges the State party to strengthen its efforts to raise awareness among Roma and Albanian communities about the prohibition of child marriage, as well as on its harmful effects on girls’ health and education, and to effectively investigate and prosecute cases of forced and early marriage. The Committee also calls upon the State party to adopt measures to register all marriages, including those taking place within Roma and Albanian communities. (Paras. 39-40)

------------------------------------------

CEDAW/C/MKD/CO/3

Last reported: 25 January 2006
Concluding Observations published: 3 February 2006

Issues raised and recommendations given:

Stereotypes/Human rights education: The Committee is concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society. The Committee calls upon the State party to implement comprehensive measures to bring about change in the widely accepted stereotypical roles of men and women. Such measures should include awareness-raising and educational campaigns addressing women and men, girls and boys, with a view to eliminating stereotypes associated with traditional gender roles in the family and in society.

Child trafficking: The Committee remains concerned about the persistence of trafficking in women and girls and the exploitation of prostitution, and about the lack of measures aimed at rehabilitating women victims of trafficking. The Committee requests the State party to effectively carry out the National Programme to Combat Human Trafficking and Illegal Migration for 2006-2008. It calls upon the State party to ensure that legislation on trafficking is fully enforced, in particular by prosecuting and punishing offenders. It also recommends that the State party increase its efforts to prevent human trafficking and provide assistance and support to victims. The Committee also calls on the State party to take all appropriate measures to suppress sexual exploitation in the country.

Education/Discrimination: The Committee is particularly concerned about high school dropout rates among Roma girls and girls living in rural areas. It calls on the State party to implement measures to decrease dropout rates among Roma girls and girls living in rural areas and to reintegrate them into the educational system. The Committee requests the State party to provide, in its next report, a comprehensive picture of the de facto situation of rural women, as well as of ethnic minority women, in particular Roma women, in the areas of education (and others) and of the government's efforts to eliminate discrimination against these women.

_____________________________________________

UN Committee on the Elimination of Racial Discrimination

CERD/C/MKD/CO/8-10

Last reported: 11 and 12 August 2015
Concluding Observations adopted: 28 August 2015

Issues raised and recommendations given:

Situation of Roma: The Committee is concerned by: (a) The information regarding existing segregation of Roma in the field of education despite significant progress achieved by the State party in this area. The Committee is concerned by the information related to the refusal by some schools to enrol Roma students, including in Bitola, the occurrence of self- segregation by Roma students as well as the still high percentage of Roma in schools for children with intellectual disabilities; (b) The slow progress achieved with respect to the State party’s efforts to allocate social housing to Roma families and improve living conditions in Roma settlements through the implementation of projects under the Decade and Strategy for the Roma; (c) The fact that persons belonging to Roma community continue to be the most affected by poverty, material deprivation, unemployment and social exclusion (arts. 2, 3 and 5). (para 16)

In view of its General recommendations 27 (2000) on discrimination against Roma, the Committee recommends that the State party: (a) Firmly address the issue of segregation of Roma children in education in line with article 3 of the Convention. The Committee underlines that conditions of racial segregation are not necessarily created by governmental policies but may arise as an unintended by product of actions of private persons leading to social isolation. The State party should eliminate any discrimination against Roma students in their access to adequate education and combat stereotypes that lead to social exclusion; (b) Strengthen its efforts in providing adequate social housing to Roma families through special programmes for housing by municipalities, including allocating an adequate budget for such programmes; (c) Continue taking special measures for Roma, in accordance with General recommendation no. 32 (2009) on the meaning and scope of special measures in the Convention, by promoting the employment and advancement of Roma and combating their social exclusion. (para 17)

Gender-related dimensions of racial discrimination: The Committee expresses its concern about: [...] (b) The prevalence of early marriages within Roma and Albanian communities, which are considered as a traditional practice, without adequate responses from the State party to combat this harmful practice in an efficient manner; (c) The underreporting of incidences of domestic violence which particularly affect women belonging to minority groups. Bearing in mind cases of early marriages in the country, the Committee regrets that women below 18 years are not admitted in shelter centres. The Committee is also concerned by the information according to which the 2014 Law on the Prevention of and Protection against Domestic Violence does not provide for appropriate protection of women victims of domestic violence. (para 18)

In light of its General recommendation no. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends that the State party: (b) Monitor and assess the situation, including by involving civil society organizations with the aim of combatting early marriages, and raise awareness of the population, in particular within the communities concerned on the negative impact of this practice on girls’ education, health and prospects to be employed; (c) Raise awareness of the population, in particular of persons belonging to minority groups, on the prohibition and negative effects of gender based violence, and inform potential victims on remedies available. The State party should ensure that the abovementioned law is fully in line with its international obligations, that perpetrators are duly prosecuted, and effective protection is provided to victims of domestic violence regardless of age. (para 19)

Situation of children: The Committee notes with concern: (a) The situation of children living in the street, most of whom belong to the Roma community. Despite the Protocols for treatment of these children developed by the State party, and the existence of daily centers in Bitola, Skopje and Prilep where they have access to education and other basic services, the problem persists; (b) The reported increase of children addicted to drugs, in particular Roma, whose situation is worsened by the poverty of their parents and the legal obstacles for children under the age of 18 to access substance abuse treatments; (c) The on-going lack of identity documents by some Roma which prevents them from accessing social security benefits. The Committee notes the assertion by the State party that 550 persons have been identified as persons whose birth had not been registered in the Birth Register. It is concerned that only 120 among them have been registered so far (arts. 2 and 5). (para 20)

The Committee recommends that the State party: (a) Provide adequate institutional protection to children living in the street and enhance the efficiency of protocols developed aiming for the reintegration of these children into their family. The State party should tackle the root causes of this phenomenon in collaboration with the parents, non-governmental organizations and the concerned children; (b) Continue developing prevention programmes and ensure access for all to the rehabilitation programmes for drug users including those under the age of 18; (c) Take measures to identify children whose birth was not registered and who lack identity documents and continue to proceed with retroactive birth registration and issuance of documents, including, if possible, by simplifying the entire process. (para 21)

-----------------------------------------

CERD/C/MKD/CO/7

Last reported: 26 and 27 February 2007
Concluding Observations adopted: 8 March 2007\

Issues raised and recommendations given:

Right to identity/health/social security: The Committee is deeply concerned about the difficulties that some Roma experience in obtaining personal documents, including birth certificates, identity cards, passports and other documents related to the provision of health insurance and social security benefits. The Committee urges the State party to take immediate steps to remove all administrative obstacles that currently prevent Roma from obtaining personal documents that are necessary for the enjoyment of economic, social and cultural rights, such as employment, housing, health care, social security and education. (Para. 14)

Education (secondary education for Albanian and Turkish children): The Committee notes with concern that despite the efforts made by the State party to increase the participation of ethnic Albanian and Turkish pupils in secondary and higher levels of education, the drop-out rate from the school system of children belonging to these communities remains high.

The Committee recommends that Macedonia intensify its efforts to reduce the high drop-out rate in secondary and higher levels of education among ethnic Albanian and Turkish children. In this regard, the Committee encourages the State party to improve the quality of teaching in Albanian and Turkish schools, inter alia by ensuring the availability of textbooks in minority languages and adequate training of teachers instructing in these languages. To facilitate access to higher education, the Committee further recommends that the State party take steps to ensure that ethnic Albanian and Turkish children have access to Macedonian language classes. (Para. 17)

Education (primary education for Roma children): The Committee notes the low attendance and high drop-out rate of Roma children from primary school and recommends that the State party: Take immediate steps to eliminate negative prejudices against and stereotypes of Roma and their contribution to society; Provide financial assistance to support poorer families in covering the costs associated with education; Ensure, to the extent possible, adequate opportunities for Roma children to receive instruction in their native language; Ensure that Roma children have access to Macedonian language classes in order to prepare them for entry into the school system; Organise special training for teachers to increase their knowledge of Roma culture and traditions and to raise their sensitivity to the needs of Roma children; Facilitate the recruitment of Roma teachers. (Para.  18)

_____________________________________________

UN Committee on Migrant Workers

_____________________________________________

UN Committee on the Rights of Persons with Disabilities

_____________________________________________

UN Committee on Enforced Disappearance

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