MARSHALL ISLANDS: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international human rights 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.

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Economic exploitation and child labour

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While acknowledging the efforts by the State party to combat economic exploitation of children, the Committee is concerned that the Minimum Conditions Inquiry Act (Child Labour Law) which has been amended prohibits employment of a person below the age of eighteen, which creates difficulties for children who have completed their compulsory education but drop out of secondary school, as they are not allowed to enter into employment contracts. This situation may lead these children to engage in illegal activities, particularly in light of the increasing level of poverty and unemployment in the country.

The Committee recommends that the State party take necessary measures to regulate the work of children who have completed compulsory education and have not reached the age of eighteen. The State party should develop appropriate regulation, of the working hours, the nature of the work and the working conditions of these children in light of relevant international norms and standards, in particular ILO Conventions No. 138 and No. 182.

The Committee further encourages the State party to ratify ILO Convention No. 138 concerning Minimum Age for Admission to Employment and ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. In this regard, the Committee encourages the State party to seek technical cooperation for the development of the policy and legislation from ILO. (Paragraphs 65 to 67)

Universal Periodic Review (November 2010)

56.22. Develop legislation to regulate child labour with a view to abolishing it (Morocco); develop appropriate labour legislation in relation to children, in line with the State's obligations under CRC, ensuring the inclusion of ILO Conventions No. 138, on the Minimum Age for Admission to Employment, and No. 182, on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (United Kingdom). (accepted)

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Violence against children

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee is concerned at the reduction and subsequent termination of social work services, as well as at the lack of funding under the Compact Agreement available for child abuse prevention. The Committee is further concerned at the absence of a legal system adapted to the needs of the young victims of abuse and neglect.

Furthermore, the Committee is concerned at the increase of incidents of child abuse and neglect, especially in urban areas. In addition, the Committee remains concerned about the lack of data, appropriate measures, mechanisms and resources for the prevention of and fight against domestic violence, including child sexual abuse, and the absence of public debate and awareness-raising on this issue.

The Committee recommends that the State Party take the necessary measures to prevent child abuse and neglect, including by:

(a) Establishing effective mechanisms to receive, monitor and investigate complaints on cases of child abuse, and ensure that perpetrators are brought to justice;

(b) Ensuring that complaints are collected in a manner that is child sensitive and respectful of the privacy of the victims;

(c) Developing and implementing a comprehensive policy, in coordination with NGOs, for the prevention and recovery of child victims;

(d) Clarifying ministerial responsibilities with regard to child abuse/neglect investigative and follow up functions, reviewing inter- agency protocols and strengthening inter-ministerial collaboration;

(e) Allocating adequate resources to the prevention of child abuse and neglect at the national and local level, including in outer islands;

(f) Carrying out preventive public education campaigns at national level and local level, including in outer islands, on the criminal character and detrimental consequences of abuse and ill-treatment of children, in particular rape;

(g) Adopting a Plan of Action to combat any form of violence against children;

(h) Taking measures to bring perpetrators to justice; ensuring that confidentiality and privacy of victims are fully respected in those legal proceedings, and that interviews are conducted in a manner that is child sensitive;

(i) Providing support for the operation of a 24-hour three digit toll free helpline for children; and

(j) Seeking the technical assistance of UNICEF.

With reference to the UN Study on Violence against Children, the Committee recommends the State party to:

(a) Take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the Report of the independent expert of the UN study on Violence against children (A/61/299) while taking into account the outcome and recommendations of the sub-regional Consultations for the Pacific, held in Fiji from 26 until 28 September 2005;

(b) Use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse, and

(c) Seek technical assistance from UNICEF, OHCHR, and WHO for the above mentioned purposes. (paragraphs 44 to 47)

While noting that corporal punishment is prohibited in schools by the Rules and Regulations of the Ministry of Education (1992) and that it is unlawful as a disciplinary measure under the revised Penal Code, the Committee is concerned that it is lawful in the family and not formally prohibited in alternative care settings.

The Committee urges the State party to:

(a) Explicitly prohibit all forms of corporal punishment in the family, and other institutional settings and alternative care systems as a matter of priority;

(b) Sensitise and educate parents, guardians and professionals working with and for children by carrying out public educational campaigns about the harmful impact of corporal punishment; promote positive, non-violent forms of discipline as an alternative to corporal punishment, and

(c) Provide children with child sensitive mechanisms to lodge complaints in case they are victims of violence, including corporal punishment.

In this respect, the Committee recommends the State party to take into account General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. (Paragraphs 41 to 43)

Universal Periodic Review (November 2010)

56.17. Develop and strengthen the domestic legislation and policy on the protection of women and children with the aim of reducing incidences of exploitation of women and children and violence against women (United States). (accepted)

56.18. Develop transparent and effective mechanisms to prevent violence, particularly violence against women and children, and make sure that such mechanisms are supported by sufficient capacity and resources to address the problem (Mexico). (accepted)

56.19. Facilitate the active involvement of civil society stakeholders, including human rights non- governmental organisations, in the follow-up to this review, especially to address violence against women and children and child abuse (United Kingdom). (accepted)

56.20. Strengthen the adoption of necessary measures to implement a national programme aimed at eliminating violence against children (Argentina); adopt all necessary measures to prevent violence against children as well as child abuse and neglect (Slovakia); take all necessary legal and practical measures to prevent child abuse and neglect, and adopt a plan of action to combat any form of violence against children (Hungary). (accepted)

56.21. Provide children with child-sensitive mechanisms for lodging complaints in case they are victims of violence and sexual exploitation (Slovakia). (accepted)

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Sexual exploitation and abuse of children

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee is concerned at the reduction and subsequent termination of social work services, as well as at the lack of funding under the Compact Agreement available for child abuse prevention. The Committee is further concerned at the absence of a legal system adapted to the needs of the young victims of abuse and neglect.

Furthermore, the Committee is concerned at the increase of incidents of child abuse and neglect, especially in urban areas. In addition, the Committee remains concerned about the lack of data, appropriate measures, mechanisms and resources for the prevention of and fight against domestic violence, including child sexual abuse, and the absence of public debate and awareness-raising on this issue.

The Committee recommends that the State Party take the necessary measures to prevent child abuse and neglect, including by:

(a) Establishing effective mechanisms to receive, monitor and investigate complaints on cases of child abuse, and ensure that perpetrators are brought to justice;

(b) Ensuring that complaints are collected in a manner that is child sensitive and respectful of the privacy of the victims;

(c) Developing and implementing a comprehensive policy, in coordination with NGOs, for the prevention and recovery of child victims;

(d) Clarifying ministerial responsibilities with regard to child abuse/neglect investigative and follow up functions, reviewing inter- agency protocols and strengthening inter-ministerial collaboration;

(e) Allocating adequate resources to the prevention of child abuse and neglect at the national and local level, including in outer islands;

(f) Carrying out preventive public education campaigns at national level and local level, including in outer islands, on the criminal character and detrimental consequences of abuse and ill-treatment of children, in particular rape;

(g) Adopting a Plan of Action to combat any form of violence against children;

(h) Taking measures to bring perpetrators to justice; ensuring that confidentiality and privacy of victims are fully respected in those legal proceedings, and that interviews are conducted in a manner that is child sensitive;

(i) Providing support for the operation of a 24-hour three digit toll free helpline for children; and

(j) Seeking the technical assistance of UNICEF.

With reference to the UN Study on Violence against Children, the Committee recommends the State party to:

(a) Take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the Report of the independent expert of the UN study on Violence against children (A/61/299) while taking into account the outcome and recommendations of the sub-regional Consultations for the Pacific, held in Fiji from 26 until 28 September 2005;

(b) Use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse, and

(c) Seek technical assistance from UNICEF, OHCHR, and WHO for the above mentioned purposes. (paragraphs 44 to 47)

The Committee regrets the absence of information in the State party’s report on measures taken to prevent sexual exploitation of children, in light of the low standard of living and the high rate of tourism in the country which could be conducive to its occurrence.

The Committee recommends that the State party provide, in its next periodic report, information on sexual exploitation of children in the country and measures taken to prevent its occurrence. (paragraphs 68 and 69)

Universal Periodic Review (November 2010)

56.21. Provide children with child-sensitive mechanisms for lodging complaints in case they are victims of violence and sexual exploitation (Slovakia). (accepted)

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Inadequate education provision for children

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While acknowledging the efforts undertaken by the State party in the field of education, in particular the development of an Education Strategy Development Plan with UNESCO since 2000, the Committee is concerned at the lack of resources allocated to education at the national and local level, in particular in outer islands. The Committee is also concerned at the decline of female enrolment both at the elementary and secondary levels, as well as the increase in the drop-out rate of students in high schools; the lack of hygiene; the lack of access to drinking water and sanitation in schools; the lack of transportation to and from school, particularly on the outer islands; the insufficient numbers and low standard of trained/qualified teachers and schools available, in particular in outer islands; the poor quality of education and the lack of vocational training in schools. The Committee is also concerned that leisure and cultural activities are severely lacking both in Majuro and Ebeye.

While noting that the Head Start Programme was intended to cater for children between 3 and 6, the Committee is concerned that high demand has restricted enrolment to 5 year olds. The Committee is also concerned that the Ministry of Education has difficulties in maintaining contact with rural schools to monitor and evaluate teacher progress towards achievement of national education benchmarks.

The Committee recommends that the State party, while taking into account General Comment No.1 on the aims of education, undertake measures to adopt the deficiencies in the area of education, inter alia, by:

(a) Increasing budgetary allocation to ensure access to free primary and quality education in all regions and to improve the physical infrastructure of educational facilities;

(b) Strengthening efforts to bridge the gaps in the availability of education throughout the country, including the availability of school materials, drinking water, sanitation and transportation;

(c) Promoting female enrolment and ensuring the reduction of the drop out rate for both male and female students;

(d) Providing assistance to children from disadvantaged families;

(e) Strengthening vocational programmes for children, including those who do not attend regular school;

(f) Facilitating access to early childhood education by promoting Head Start Programmes throughout the country;

(g) Ensuring access for children to leisure and cultural activities;

(h) Improving the training and recruitment of teachers, as well as the monitoring and evaluation of their progress towards achievement of national education benchmarks;

(i) Implementing new technology, including e-learning; and

(j) Introducing human rights education in the school curricula. (Paragraphs62 to 64)

The Committee is also concerned at the limited access of children with disabilities to specialised educational programmes, in particular in outer islands, as well as at the absence of specialised programmes outside the school environment.

The Committee recommends that the State party, in accordance with the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities(General Assembly resolution 48/96) and General Comment No.9 on the rights of children with disabilities:

(a) Further encourage the inclusion of children with disabilities into the regular educational system and into society;

(b) Facilitate access of children with disabilities to specialised educational programmes when required, in particular in outer islands, including programmes outside the school environment;

(c) Pay more attention to special training for teachers and make the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;

(d) Create partnerships between home, school and the community to address the long-term needs of children with disabilities; (Paragraphs 48 and 49)

Universal Periodic Review (November 2010)

56.33. Take effective measures to improve the access of children to education (Morocco). (accepted)

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Inadequate health care provision, particularly regarding immunisation and access to healthcare in the outer islands

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

While taking note of the Strategic Development Plan Framework (2003-2018) Vision 2018, and welcoming the reduction of child mortality, the Committee is concerned at the fact that infant and child mortality remain high due to weak service delivery and poor nutritional habits, and that immunisation levels have declined for all vaccines except the birth dose of Hepatitis B. The Committee is concerned at the lack of basic health services as well as the insufficient resources allocated to health, in particular in outer islands. The Committee remains concerned at the lack of trained local health workers due to the tendency for these workers to emigrate. It also remains concerned at the fact that illnesses due to inadequate sanitation, hygiene and diet continue to threaten the development of children and that vitamin A and D and iodine deficiencies are still widespread. Furthermore, the Committee is concerned at the fact that accessibility and quality of outer island services is constrained by a lack of qualified professional staff, poor infrastructure, inadequate supplies, as well as transportation and communication problems.

Furthermore, the Committee is concerned at information that children are still born today with diseases as a consequence of nuclear tests carried out in the 1960’s and the 1970’s.

The Committee recommends that the State party strengthen its efforts in improving the health situation of children, including through:

(a) Reviewing existing policies and practices, and ensuring that health care is provided free of charge and without discrimination to all children of families unable to afford the payment fees;

(b) Allocating adequate financial and human resources to health services;

(c) Urgently addressing the issue of infant and child mortality, especially by focusing on preventive measures and treatment, including vaccination uptakes, improved nutrition and the prevention of communicable diseases;

(d) Providing adequate training to health professionals;

(e) Adopting and implementing a national law on marketing of breast- milk substitutes and promote exclusive breastfeeding for at least six months;

(f) Ensuring that all segments of the society are informed, have access to health education and are supported in the use of basic knowledge of child health and nutrition, including the advantages of breastfeeding;

(g) Providing hospitals with sufficient obstetric supplies and emergency medicines; and

(h) Providing adequate water sanitation and access to clean drinking water throughout the country.

Furthermore, the Committee recommends that the State party submit information in its next periodic report on the situation of children born with diseases as a consequence of nuclear testing and on the measures taken to address this issue. (Paragraphs 50 to 52)

Universal Periodic Review (November 2010)

56.34. Seek to improve health outcomes for children, including by improving immunisation rates and ensuring that development assistance funding reaches children in the outer islands (New Zealand). (accepted)

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Lack of an independent body to monitor, and receive complaints regarding, children's rights

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee remains concerned that no independent body exists to monitor the implementation of the Convention and receive individual complaints on cases of violations of the rights of the child.

The Committee reiterates its recommendation that the State party to establish a national human rights institution, including the nomination of an ombudsperson for Children provided with adequate human and financial resources to promote and strengthen accessibility for children and to enable the latter to submit complaints. While taking into account General Comment No.2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child, the State party is encouraged to seek technical assistance from, among others, UNICEF and the Office of the High Commissioner for Human Rights Regional Office. The Committee also encourages the State party to involve non governmental organisations (NGOs) in its ongoing efforts to monitor the implementation of the Convention. (Paragraphs 18 and 19)

Universal Periodic Review (November 2010)

56.12. Nominate an ombudsperson for children (Hungary). (accepted)

56.11. Establish a national human rights institution, including the nomination of an ombudsperson for children, provided with adequate human and financial resources to promote and strengthen accessibility for children and to enable children to submit complaints (Germany). (pending)

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Countries

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