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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.
_______________________________________________ Violence against children (particularly in the home) _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) UN Human Rights Committee The State party should provide better protection for women, strengthen preventive measures and punishment for domestic violence against women and children, and address the factors underlying women's vulnerability, including economic dependence on their partners. It should also establish support structures for victims and programmes to raise awareness, including training courses for law enforcement officials. (Paragraph 11) UN Committee on Economic, Social and Cultural Rights The Committee recommends that the State party combat violence against women and children, by implementing the existing legislation and adopting comprehensive measures to address all forms of domestic violence. The Committee also recommends that the State party ensure victims' access to justice, by encouraging the reporting of crimes and that perpetrators are prosecuted and punished. The Committee calls upon the State party to ensure that marital rape constitute a criminal offence. It requests the State party to raise public awareness through the media and education programmes on violence against women and children. The Committee also requests that the State party provide information on the impact of such measures, as well as data on the prevalence of various forms of such violence, disaggregated by age groups. (Paragraph 23) UN Committee on the Elimination of Discrimination against Women The Committee urges the State party to give priority attention to combating violence against women and to adopt comprehensive measures to address all forms of violence against women and girls, in accordance with its general recommendation No. 19. It requests the State party to raise public awareness, through the media and education programmes, of the fact that all forms of violence against women are a form of discrimination under the Convention and therefore in violation of women's rights. The Committee calls upon the State party to ensure that violence against women and girls, including domestic violence, marital rape and all forms of sexual abuse, constitute a criminal offence; that perpetrators are prosecuted, punished and rehabilitated; and that women and girls who are victims of violence have access to immediate means of redress and protection. The Committee requests the State party to remove any impediment faced by women in gaining access to justice and recommends that legal aid be made available to all victims of violence, including through the establishment of additional legal aid clinics in rural or remote areas. The Committee recommends the implementation of training for the judiciary and public officials, in particular law enforcement personnel, health-service providers and community development officers, in order to ensure that they are sensitised to all forms of violence against women and can provide adequate gender-sensitive support to victims. It also recommends the establishment of counselling services and shelters for victims of violence. The Committee requests that the State party provide information on the laws and policies in place to deal with violence against women and girls and on the impact of such measures, as well as data and trends on the prevalence of various forms of such violence, disaggregated by age groups. (Paragraph 19) Universal Periodic Review (February 2009) A - 13. To revise the Criminal code to include, as criminal offences, all forms of sexual and psychological violence against women and girls, including marital rape (Slovenia); A - 38. To adopt, as a matter of priority, proper, comprehensive and effective measures to address all forms of violence against women and girls, including domestic violence, sexual violence and trafficking (Italy) (accepted) A - 39. To adopt effective measures to combat violence against women and girls, especially domestic and sexual violence, particularly through prevention and sanctioning and the protection and compensation of victims (Chile); A - 40. To take effective measures to protect all girls and women from all forms of violence and ill treatment, to carry out investigations and to ensure those responsible are punished (Argentina); A - 47. To enhance efforts to improve women's rights and to combat human trafficking, sexual violence, domestic violence and the exploitation of women and children (Norway) (accepted) _______________________________________________ Discrimination against children (particularly girls, children with disabilities, children with HIV or AIDS, twins and on the basis of nationality) _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee recommends the State party to increase measures to combat discrimination, in particular against girls, twins, children with disabilities and children living with HIV/AIDS, through programs and policies to combat inequalities in access to education, health and development, raising awareness of discrimination and fostering an inclusive and tolerant environment in schools and other spaces for children. (Paragraphs 23 and 24) UN Human Rights Committee Last reported: 12 and 13 March 2007 Concluding Observations adopted: 23 March 2007 UN Committee on the Elimination of Racial Discrimination The Committee recommends to the State party that it revise its nationality law and guarantee such children Malagasy nationality on the same footing as children born to a father of Malagasy nationality and a mother of foreign nationality. (Paragraph 15) UN Committee on the Elimination of Discrimination against Women Universal Periodic Review (February 2009) 72 A - 6. To strengthen efforts to fulfil its obligations under the Convention for the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child to protect its most vulnerable populations, including women and children, notably in times of crisis (Australia); _______________________________________________ _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee recommends that the State party continue and intensify programs to address child labour, in particular through efficient inspection, investigation and prosecution of persons responsible and through preventative measures such as improving socio-economic conditions for children and ensuring access to education. The Committee encourages the State party to take into consideration the recommendations of the Committee on Economic, Social and Cultural Rights (E/C.12/MDG/CO/2., para. 21) as well as observations and requests by the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Office (ILO). The Committee requests the State party to include in its next periodic report information on such efforts. (Paragraphs 59 and 60) UN Human Rights Committee The Committee takes note of reports that children are often employed as domestic servants in conditions that are often tantamount to slavery and lend themselves to all kinds of abuse, in violation of articles 8 and 24 of the Covenant.
The State party should conduct information campaigns and take the necessary measures to put an end to this practice, and ensure compliance with articles 8 and 24 of the Covenant. (Paragraph 21) UN Committee on Economic, Social and Cultural Rights The Committee recommends that the State party: Reinforce the legal framework to combat child labour and adopt all the necessary legal and judicial measures to eradicate this phenomenon; Support and reinforce the role of the family as an essential element for the protection of children and combat against child labour; Take all necessary measures to implement effectively all policies against child labour, including through awareness-raising campaigns for the public on protection of children, strengthen preventive measures, and prosecute and punish those who are responsible. (Paragraph 21) _______________________________________________ Juvenile justice: lack of specialised system, detention of children with adults and the use of and conditions in detention _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) (a) No separate jurisdiction for children has been established and that the same legal procedures are often used for adults and children; (b) Children, in particular girls, and adults are not separated in detention facilities and prison; (c) Judges and prosecutors lack specialised training in juvenile justice; (d) Children are not always provided with legal assistance; and (e) Children from age 14 are held in prisons in substandard and overcrowding conditions, without adequate food and health care being provided to them. The Committee recommends that the State party bring its juvenile justice system fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules) the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee's General comment No. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). In particular, the Committee urges the State party to: (a) To establish special jurisdiction for children, including child-friendly courts and other procedures; (b) Ensure that children and adults are separated in prison; (c) Ensure that the judiciary apply child-friendly procedures to protect and respect the best interest of the child; (d) Ensure that judiciary, prosecutors and other relevant professionals received systematic and specialised training in juvenile justice; and (e) Ensure that children in prison are provided with appropriate nutrition, health services and access to education; and (f) To establish a programme of reintegration of children after release from prison or institutions. (Paragraphs 65 and 66) UN Human Rights Committee Universal Periodic Review (February 2009) A - 34. To step up efforts to ensure substantial improvement in its penal institutions, specifically prohibiting forced labour, and also to establish detention centres for minors (Spain); _______________________________________________ Education: limited access for girls and children in rural areas _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee notes that an extensive program of educational reform was adopted in 2006 but was interrupted due to the crisis. The Committee is concerned about low level of attendance, high rates of drop-out, in particular of girls, resulting in a 66 per cent completion rate of primary school. The Committee is further concerned about the limited availability of early childhood education. The Committee is also concerned about recent reduction in budgetary provisions for education, and that schools have been forced to request parents for fees which led to a significant drop-out of students, in particular those living in vulnerable situations. The Committee recommends that the State party allocate sufficient financial resources to the school system, including early childhood education, to enable all children, in particular the most vulnerable, to have access to education. The Committee urges the State party to revive the educational reform and intensify such programs as a matter of priority. (Paragraphs 57 and 58) UN Committee on Economic, Social and Cultural Rights The Committee urges the State party to strengthen its various measures and programmes in order to: Address the problem of access to schools for children living in rural and remote areas; Take appropriate measures to ensure regular school attendance and reduce the dropout rate of children in particular in secondary schools; Strengthen the capacity of teachers through training and review their status; Develop programmes aimed at integrating children with disabilities into formal schooling. The Committee also recommends that the State party increase its budget for education and seek international assistance to deal with the above-mentioned issues, in particular those related to children with disabilities. (Paragraph 31) The Committee is concerned that school attendance is hampered by the stereotyped attitudes of parents on the lack of relevance of education to everyday life and livelihoods and job opportunities. (art. 13) The Committee recommends that the State party conduct awareness-raising campaigns for parents on the relevance of education of their children. The Committee also recommends that the State party update its school curricula, so as to include knowledge and skills that will enable students to improve their prospects for earning their livelihood and for job opportunities. The Committee recommends that the State party ensure the guarantee of freedom of religion, as enshrined in the Constitution of the State party. (Paragraph 32) UN Committee on the Elimination of Discrimination against Women The Committee urges the State party to raise awareness about the importance of education as a fundamental human right and as a basis for the empowerment of women and to take steps to overcome traditional attitudes that constitute obstacles to women and girls in the full enjoyment of their human rights to education. It recommends that the State party take steps to ensure equal access of girls and young women to all levels of education, to retain girls in school and to implement re-entry policies so that girls and young women return to school after pregnancy. The Committee further urges the State party to take measures to increase the enrolment of girls at all levels and recommends the introduction of further temporary special measures, in accordance with its general recommendation No. 25, including incentives for parents to send girls to school. (Paragraph 27) Universal Periodic Review (February 2009) A - 61. To continue the education reform in order to ensure free primary education for all girls and boys (Norway); _______________________________________________ Trafficking in women and children (inter alia for prostitution) _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee urges the State party to: (a) Ensure the effective implementation of relevant legislation, policy and programmes to combat trafficking in children, including timely prosecution and punishment of traffickers and the provisions of protection and support to victims; (b) Adopt a comprehensive action plan to address trafficking and ensure the allocation of sufficient human and financial resources for its effective implementation, including collection of disaggregated data; (c) Ensure that the judiciary, prosecutors, law enforcement, social workers and other relevant professionals receive specialised training in combatting trafficking in children; (d) Strengthen awareness raising campaigns on trafficking, in particular targeting vulnerable communities where children are most at risk, including rural areas and areas of poverty; (e) Ensure rehabilitation and social integration of children who have been victims of trafficking; (f) Address the root cause of trafficking and exploitation by increasing its efforts to improve education for children and create employment-generating activities, in particular for women in rural and remote areas; (g) Include in its next reports specific information on follow-up to these recommendations; (h) Consider these recommendations together with the recommendations on trafficking of the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW/C/MDG/CO/5, para. 20) and the Committee on Economic, Social and Cultural Rights (E/C.12/MDG/CO/2, para. 24). (Paragraphs 63 and 64) UN Committee on Economic, Social and Cultural Rights The Committee urges the State party to effectively implement the legislation against trafficking, to intensify its efforts to combat trafficking in persons, especially in women and children, in particular for the purposes of sexual exploitation. It also recommends that the State party strengthen its programmes and information campaigns to prevent trafficking, to provide mandatory training for law officials and judges, and to prosecute and punish those responsible. It further recommends that the State party address the root cause of trafficking and exploitation by increasing its efforts to improve education for children and create employment-generating activities, in particular for women in rural and remote areas. (Paragraph 24) UN Committee on the Elimination of Discrimination against Women The Committee urges the effective implementation of the newly adopted law, and the introduction of effective prevention measures, timely prosecution and punishment of traffickers and the provisions of protection and support to victims. It recommends that information and training on the new law be provided to the judiciary and law enforcement officials, including border police, public officials, social workers and community development officers. It further recommends that the State party adopt a comprehensive action plan to address trafficking and sexual exploitation and ensure the allocation of sufficient human and financial resources for its effective implementation, including collection of disaggregated data. It also recommends that the State party address the root cause of trafficking and exploitation of women by increasing its efforts to improve the economic situation of women generally and, in particular, of girls who have reached puberty, thereby eliminating their vulnerability to exploitation and traffickers, including measures for the rehabilitation and social integration of women and girls who have been victims of such activity. The Committee also calls upon the State party to increase its efforts aimed at combating sex tourism, including in cooperation with countries of origin. (Paragraphs 20 and 21) Universal Periodic Review (February 2009) A - 38. To adopt, as a matter of priority, proper, comprehensive and effective measures to address all forms of violence against women and girls, including domestic violence, sexual violence and trafficking (Italy); A - 45. To implement a national programme devoted to eliminating the trafficking in women and girls and their involvement in acts of sexual exploitation while, at the same time, addressing the root causes of such crimes, and to include measures aimed at the social reintegration and rehabilitation of such individuals (Mexico); A - 46. To strengthen its efforts to combat the trafficking in and sexual exploitation of women and girls, especially in rural areas, by adopting a comprehensive action plan to address trafficking and sexual exploitation, and to ensure the allocation of human and financial resources for its implementation (Slovenia); A - 47. To enhance efforts to improve women's rights and to combat human trafficking, sexual violence, domestic violence and the exploitation of women and children (Norway); _______________________________________________ Sexual and reproductive health services _______________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee recommends that the State party conduct an assessment of high risk behaviours in adolescents and take appropriate measures to address such problems. The Committee further recommends that the State party continue and strengthen efforts to ensure access to family planning and sexual and reproductive health services and improve sexual and reproductive health education in all schools. The Committee recommends that the State party consider establishing a comprehensive protective system for adolescents, including social and educational measures such as after-school care programs; child and youth groups and clubs on sport, cultural, artistic, recreational, leisure including volunteer activity available for children and counselling support to children experiencing difficulties (including self- harm). (Paragraphs 51 and 52) UN Committee on Economic, Social and Cultural Rights The Committee is concerned about the insufficient access of the population, especially of women and children, to basic family planning and sexual and reproductive health services, especially in remote and rural areas. The Committee is also concerned about the lack of access to sexual and reproductive health education in the school system. The Committee is further concerned that the draft law to modify the 1920 Law on the right to reproductive health has not been adopted.
The Committee recommends that the State party provide: (a) basic services for family planning and sexual and reproductive health to the population, especially for women and children and (b) education on sexual and reproductive health in its school system and approve the draft law modifying the above-mentioned 1920 Law.
The Committee urges the State party to take all necessary measures to combat violence and abuse of women and children, including through:
(a) Implementing existing legislation and ensuring investigation and prosecution;
(b) Establishing a minimum age for sexual consent;
(c) Strengthening the capacities of relevant government institutions ensuring the law enforcement officers are trained in working with child victims of violence and abuse;
(d) Expanding the phone helpline services to all regions;
(e) Strengthening community-based mutual help groups to address psychosocial and economic challenges (for example parenting and micro-credit groups);
(f) Strengthen welfare programmes to support families' standard of living including direct allowances to children at a certain age; counselling support to caregivers having difficulties with employment, housing and/or childrearing; therapeutic programmes to assist caregivers with domestic violence, addictions to alcohol or drugs or with other mental health needs (including mutual help groups);
(g) Raising public awareness through the media and education programmes on violence against women and children;
(h) Strengthening availability and access to social and educational treatment and restorative approaches, in addition to purely punitive judicial involvement, in particular in cases of violence where perpetrators are primary caregivers; and
(i) Ensuring that effective remedies are available, including compensation to victims and access to redress mechanisms and appeal or independent complaint mechanisms. (Paragraphs 45 and 46)
Last reported: 12 and 13 March 2007
Concluding Observations adopted: 23 March 2007
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 and 19 November 2009
Last reported: 31 October 2008
Last reported: 2 and 3 August 2004
Concluding Observations adopted: 17 August 2004
Last reported: 31 October 2008
Last reported: 12 and 13 March 2007
Concluding Observations adopted: 23 March 2007
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 and 19 November 2009
Last reported: 12 and 13 March 2007
Concluding Observations adopted: 23 March 2007
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 and 19 November 2009
Last reported: 31 October 2008
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 and 19 November 2009
Last reported: 31 October 2008
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 and 19 November 2009