MICRONESIA: 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 purpose of clarity.

 


UN Human Rights Committee

Not yet signed or ratified.
 

    ____________________________________________________

UN Committee on Economic, Social and Cultural Rights

Not yet signed or ratified.
 

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UN Committee on the Elimination of Racial Discrimination

Not yet signed or ratified.
 

      ____________________________________________________

UN Committee on the Elimination of Discrimination against Women

CEDAW/C/FSM/CO/1-3

Concluding observations published: 3 March 2017

Last reported: 4 August 2015

Positive developments: The Committee welcomes the State party’s ratification of or accession to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2015); The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2012); The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2011) (para 6).

Constitutional framework and discriminatory laws: The Committee is also concerned that the National Constitution and all four state constitutions confer legal status to customary law, whereby customs and traditions are upheld by statutes and which may result in discrimination against women; The Committee recommends that the State party take into consideration the links between articles 1 and 2 of the Convention and Sustainable Development Goal 5, target 5.1 to end all forms of discrimination against all women and girls (paras 11, 12, 13).

Gender-based violence against women: The Committee is concerned about the fact that sexual violence is not adequately addressed by law, including rape, and that all states maintain a corroboration requirement in prosecution of rape and cases of sexual violence; In accordance with its general recommendation No. 19 (1992) on violence against women, the Committee recommends that the State party give high priority to putting in place comprehensive measures to address all forms of gender-based violence against women and girls (paras 26, 27).

Trafficking and exploitation of prostitution: The Committee commends that the State party for having enacted laws against human trafficking at both national and state levels as well as for the adoption of a national policy on human trafficking. It is, however, concerned by the lack of information about the extent of trafficking in women and girls and their exploitation in prostitution, particularly in coastal communities where foreign fishing vessels dock. It further notes the absence of information on measures taken to raise public awareness of the criminal nature of human trafficking and exploitation of prostitution of women (para 28).

Drawing attention to Sustainable Development Goal 5, target 5.2, to eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation, the Committee recommends that the State party include information and data in its next report on the prevalence of trafficking in and exploitation of prostitution of women and girls and encourages the State party to conduct studies and surveys for this purpose, and to seek international assistance (para 29).

Education: The Committee is concerned by the high number of teenage pregnancies in the State party resulting in school dropout and expulsion of pregnant girls from private schools; The absence of information on age-appropriate sexual and reproductive health education in school curricula at all levels; The lack of equal opportunities for girls with disabilities who are often denied access to quality education due to fear of stigma or prejudices, and the lack of accessible school buildings and transportation (para 32).

The Committee recommends that the State party ensure school enrolment, retention and completion of women and girls at all levels of education, including by taking effective steps to encourage women and girls to pursue tertiary education and strengthen scholarships and grants for girls and women as well as incentives and subsidies for their families; Ensure that girls are not expelled from school due to teenage pregnancy, and develop and implement initiatives for the re-entry of girls and women who have dropped out of school due to pregnancy; Develop and promote a broader approach to age-appropriate education for girls and boys on sexual and reproductive health and rights, as part of school curricula, targeted at reducing teenage pregnancies and promoting responsible sexual behaviour; Take the necessary measures, including capacity-building of education professionals, to ensure that all girls with disabilities are able to access quality education on the same basis as other children;  Ensure that all children are granted entry into schools in Kosrae state, without any delay (para 33).             

Health: The Committee is particularly concerned about the high number of teenage pregnancies; The Committee recommends that the State party ensure women’s and girls’ access to accurate information relating to sexual and reproductive health and rights, including responsible sexual behaviour, prevention of teenage pregnancies and sexually transmitted diseases and access to affordable modern contraceptives; Design a monitoring mechanism on the mental health situation of women and girls in the State party and use its results to develop mental health programmes and services (paras 36, 37).

Economic and social benefits: The Committee is concerned that girls and women are often unable to participate in sports and recreational activities as they are disproportionately burdened with household duties. The Committee recommends that the State that the State party ensure the creation of effective opportunities for girls and women to participate in sports and recreational activities (paras 38, 39).

Disadvantaged and marginalized groups of women: The Committee is concerned about the limited information on disadvantaged and marginalized groups of women, including older women and women with disabilities who often suffer from intersecting forms of discrimination, especially in relation to access to education, employment and health care. The Committee is also concerned about the absence of a comprehensive national policy on disability with a gender component. The Committee requests the State party to provide in its next report comprehensive information on the situation of vulnerable groups of women, including older women and women with disabilities, in all areas covered by the Convention. It recommends that the State party ensure a gender perspective in national and state legislation and policies on disability and ensure the rights of girls and women with disabilities in line with international human rights standards, and where necessary, to consider seeking technical and financial assistance from development partners (paras 44, 45).

Marriage and family relations: The Committee is concerned that the State party lacks sufficient capacity and mechanisms in place to carry out its mandate to ensure that the state governments legislate and address marriage and family relations in line with the Convention. It is also concerned about the legal inconsistencies among states in this regard, which result in discrimination against women in areas such as marriage, divorce, inheritance, child support and maintenance, and property issues. The Committee also notes with concern: Exemptions to compulsory marriage registration, which may result in discriminatory practices such as bigamy and child marriage; The discrepancy in the legal minimum age of marriage for girls (16 years) and boys (18 years) (para 46).

The Committee recommends that the State party take the necessary measures, including through its power to legislate for the implementation of treaty obligations, to ensure that women and men in its territory have equal rights in marriage, divorce, property relations, child custody and inheritance. It also recommends that the State party set the legal minimum age of marriage at 18 years for both girls and boys and criminalize child marriage and bigamy; Ensure that child support and maintenance are enforced through the formal justice system (para 47).    ____________________________________________________

UN Committee against Torture

Not yet signed or ratified.
 

  ____________________________________________________

UN Subcommittee on Prevention of Torture

No visits made.
 

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UN Committee on Migrant Workers

Not yet signed or ratified.
 

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UN Committee on the Rights of Persons with Disabilities

Not yet signed or ratified.

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UN Committee on Enforced Disappearance

Not yet signed or ratified.

Countries

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