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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Scroll to: _______________________________________________________________________ UN Special Rapporteur on the Independence of Judges and Lawyers Country visit: 26 August – 3 September and 6 December – 10 December 2010 Identification: The Special Rapporteur was also informed of a large percentage of Mozambicans lacking any type of identification, and the excessive cost that the population has to bear to obtain such identification, given the conditions of poverty prevailing in most of the country (170 meticais per adult and 90 meticais per child (approximately five and three US$ respectively)). Information received suggested that 70 per cent of the population is yet to be registered and issued with an identification document. In 2008, an estimated 51 per cent of all children under the age of 18 in Mozambique were yet to be registered. (Paragraph 52) Juvenile justice: Juvenile courts are set up to try children under 16 years of age involved in criminal cases and to address parenting disputes and issues involving dependents. Currently, there is only one functional juvenile court in the city of Maputo. (Paragraph 69) Cultural practices: The Special Rapporteur wishes to draw attention to cultural practices that may be detrimental to the human rights of women and in some instances of children, including in relation to their rights to access to justice and to an effective remedy. According to a number of stakeholders, women are at times prevented from resorting to legal avenues in cases of violence and divorce on the basis that their husbands must be informed or called to solve the problem. Other examples include practices that can make widows and orphaned children more vulnerable, such as those of mourning rituals for the "cleansing of the widow" (called pita-kufa or kutxinga) and those of depriving widows and orphan children of inheritance, practised for example in Zambezia and other provinces. (Paragraph 112) In light of the above, the Special Rapporteur recommends that efforts to disseminate laws aimed at, and mechanisms available for, the protection of women and children, including those related to specialised sections in the tribunals as well as measures against domestic and other types of gender and age-based violence, be redoubled. In this regard, she welcomes Law 29/09 against domestic violence as an important addition to the establishment of Cabinets on Violence against Women and Children, and encourages the Government to continue expanding their coverage and equipping them with adequate resources for the psychological, medical and legal support and assistance of victims. (Paragraph 113) Violence against women and children: (ii) Provide gender- and age-specific training to police and other officials providing assistance to women and children in the above-mentioned cabinets and make available IPAJ representatives to provide the required legal advice for the victims, to allow them access to mechanisms of compensation and redress under employment legislation; (iii) Strengthen awareness programmes on the existence and services provided by the cabinets on violence against women and children, on the rights of both women and children and on the mechanisms available in the judicial system to seek redress and compensation for domestic and other types of violence. (Paragraph 121) _______________________________________________________________________ UN Independent Expert on Economic Reform Policies Country visit: 27 July – 29 July 2005 Human rights moniitoring: One of the key recommendations made by the Special Rapporteur on the right to health and the Committee on the Rights of the Child, to which the independent expert would add his voice, is the establishment of an independent monitoring body in accordance with the Principles relating to the Status of National Institutions (Paris Principles). Such an institution can help to promote and protect human rights by working closely with the Government, the judiciary, the Parliament, civil society and international partners. The independent expert was encouraged to learn that the Ministry of Justice was working on draft legislation for the establishment of a human rights commission, and recommends that the Government seek technical assistance, as appropriate, from the Office of the High Commissioner for Human Rights to ensure its conformity with the Paris Principles. (Paragraph 10) Education: Mozambique has achieved impressive economic growth and a substantial reduction of poverty since 1992. According to the IMF, the Mozambican economy grew by 8 per cent annually and poverty levels fell from 69 per cent in 1996-1997 to 54 per cent in 2002-2003. There has been a remarkable agricultural "catch up" and a rapid expansion in tourism, construction and some manufacturing sectors.2 However, Mozambique remains as one of the poorest countries in the world, ranking in the bottom scale of the Human Development Index. While a number of Millennium Development Goals seem within reach, it is still unlikely that Mozambique will meet the goal of universal primary school by 2015 or the goal of gender equality in education.3 The country remains highly aid-dependent, and faces challenges in addressing weak systems and poor capacity across the Government structures and services. (Paragraph 20) Child labour: The Government reported an increase in the expenditure execution in PARPA priority areas including in social sectors between 2003 and 2004, and attributed this result to a range of fiscal and budgetary policy actions, which were implemented largely in conformity with the structural adjustment programme. However, in retrospect, some of the conditionalities and measures taken under the structural adjustment programmes in the past have not been without a large social cost. For example, before Mozambique reached the completion point in 1999, one of the necessary conditions it had to meet was to liberalise its cashew nut trade. At the heart of this policy prescription from the World Bank was the price liberalisation and competition among traders which would push up the prices so that peasants would increase their earnings. As a result, prices rose somewhat, but this benefited the traders more than the peasants. On the other hand, thousands of workers lost their jobs in cashew processing plants which had been one of the largest private sector employers in the country. Instead, Mozambique exported raw nuts to another developing country, where, reportedly, child labour was used to shell the nuts. Moreover, the price of raw nuts collapsed as the factories closed, which cut the peasants' income almost by half. (Paragraph 28) _______________________________________________________________________ UN Special Rapporteur on the Right to Health Country visit: 15 December – 19 December 2003 Prevention, treatment and control of diseases: In Mozambique, HIV/AIDS, malaria, diarrhoea and tuberculosis are major causes of morbidity and mortality. An estimated 13-16 per cent of Mozambique's population is living with HIV/AIDS. Malaria accounts for 30-40 per cent of under-five deaths, and is a particular problem in some rural areas.Water- and sanitation-related diseases, such as diarrhoea, cholera, dysentery, malaria, scabies and schistosomiasis, are widespread and account for a large part of ill-health reported by communities. Mozambique is also vulnerable to outbreaks of meningococcal meningitis and bubonic plague, in particular in urban areas. Leprosy continues to affect people in certain parts of the country, although in recent years significant progress has been made towards its eradication. (Paragraph 19) The Special Rapporteur commends the commitment and leadership demonstrated by the Government of Mozambique, at the highest levels, in its efforts to combat HIV/AIDS through a comprehensive and multisectoral approach. A National AIDS Council was established in 2000 in order to coordinate activities by Government, civil society, donors, and international and national NGOs. The Council has focused on prevention efforts, education and outreach, and care and support activities. Education on HIV/AIDS has been introduced in school curricula. Approximately 25 voluntary counselling and testing (VCT) centres have been created with support from NGOs, while national guidelines on VCT and the prevention of mother-to-child transmission have been developed and promoted. Major initiatives are under way to enhance prevention, treatment, care and support activities throughout the country, including through funding from the Global Fund and the World Bank Multi-Country AIDS Project. (Paragraph 21) Women's health: According to the National Human Development Report (HDR), policies intended to promote the advancement of women, including with regard to access to health services, are not yet producing the desired effects. Mozambique's maternal mortality rate is among the highest in the world - a recent estimate put it at 1,083 deaths per 100,000 live births. Sexually transmitted infections disproportionately affect women. An estimated 57 per cent of those living with HIV/AIDS are women. Women also suffer disproportionately from the epidemic since they bear the burden of caring for people living with HIV/AIDS. Early pregnancy and unsafe abortions are both reportedly widespread. Violence within the family, communities and schools, including sexual violence, is another particular health problem facing women and girls in Mozambique, although the scale of the problem is unclear. The Government of Mozambique has an obligation to ensure the right to health of women, through, inter alia, taking measures to eliminate discrimination against women in the field of health and ensuring that women have access to appropriate services in connection with pregnancy. This includes empowering women to make decisions in relation to their sexual and reproductive health, free of coercion, violence and discrimination. The Special Rapporteur urges the Government to continue its efforts to promote gender equality and tackle discrimination against women in the field of health, including through combating gender-based violence. (Paragraph 23) Gender. The Special Rapporteur commends the Government of Mozambique for establishing gender mainstreaming as a national priority. One positive development in this regard is the recent establishment of a Ministry for Women and Social Affairs Coordination. Particular attention is given to gender issues in PESS which states that gender should be "analysed from the point of view of social justice and human rights", and strengthened "in every health programme". PARPA contains a focus on improving access to, and the quality of, health care for women, in particular reducing the maternal mortality rate and expanding the coverage of institutional births. PESS proposes various gendered health strategies, including researching the relationship between gender and health, training health professionals on gender issues, promoting gender equality, promoting reproductive health rights, and the adoption of legal protection measures against sexual abuse and physical or domestic violence. A study on violence is currently being carried out by WHO, UNDP, UNICEF and the Ministries of Health and Justice, with a view to the development of a plan to combat violence against women. (Paragraph 39) Children's health: The health of children is a particularly critical issue - 44.5 per cent of Mozambique's population is under 15 years of age. According to a recent study, around 30-40 per cent of children suffer from chronic malnutrition. The mortality rate for children under 5 is estimated at 219 per 1,000 live births. While this is a significant improvement from 277 per 1,000 live births in 1994, the HIV pandemic will likely halt or reverse this decline. Adolescents face health problems, including those relating to the high incidence of pregnancy, abortion, high rates of HIV infection and early marriage of girls. (Paragraph 24) As a State party to the Convention on the Rights of the Child, the Government of Mozambique has an obligation to give effect to the right of the child to health, including by taking steps to diminish infant and child mortality, ensure medical assistance to children, and combat disease and malnutrition. The Special Rapporteur reiterates the recommendations made by the Committee on the Rights of the Child in 2002. (Paragraph 25) Major components of PESS also correspond with the right to health. For example, the priority given to maternal and child health, and to providing health care to people living in poverty, are consistent with the principles of non-discrimination and equality, which lie at the heart of the right to health. The emphasis on prevention, education, and improving nutrition reflects the obligation on States to address the underlying determinants of health, such as health education and nutrition. (Paragraph 28) Poverty reduction: Poverty reduction can be a positive force for the realisation of the right to health and other human rights, and vice versa. Appropriately, health is one of six priorities of PARPA "aimed at promoting human development and creating a favourable environment for rapid, inclusive and broad-based growth". PARPA outlines several key health objectives in the context of poverty reduction, including an expansion of, and improvement in, primary care focusing on programmes targeting women and children; a campaign to reverse the growth of the HIV/AIDS epidemic; greater efforts in the fight against endemic diseases such as malaria, TB, diarrhoea and leprosy; development of human resources; and other important health-related objectives such as increased food security and supply of clean drinking water and sanitation. (Paragraph 33) These objectives are consistent with right-to-health norms such as ensuring universal access to primary health care; the prevention, treatment and control of HIV/AIDS, malaria and tuberculosis; reducing child and maternal mortality; enhancing access to safe and effective methods of contraception; ensuring access to potable water; and eliminating gender inequity in access to health care. Nevertheless, PARPA does not, at present, seem to adequately address some human rights concerns relating to poverty in Mozambique, including the situation of some particularly marginalised groups, such as children affected by HIV/AIDS. The Special Rapporteur recommends that greater attention be given to integrating human rights, in particular the human rights of vulnerable groups, into PARPA during the review process. Particular attention should be paid to addressing inequalities between men and women, as well as the impact of poverty on vulnerable groups, such as children affected by HIV/AIDS. (Paragraph 34) The health objectives of PARPA reflect the health-related Millennium Development Goals, such as reducing infant and maternal mortality, combating malaria and improving access to safe water. Some targets set within the PARPA framework, however, appear to differ from the Millennium Development Goal targets. Given international commitment to the Millennium Development Goals, including by the World Bank, the Special Rapporteur recommends that the Government integrates Millennium Development Goal targets into PARPA when it is updated, and that the Government and the international community devote maximum resources to ensuring that the Millennium Development Goals become a reality. (Paragraph 35) Access to healthcare: In accordance with Law 4/87 of 19 January 1987, official user fees for admission and consultation are set at a relatively low rate.40 Exemptions exist for certain services, such as the prevention and care of sexually transmitted diseases, and for certain groups such as the elderly, children under 5 years of age, the poor and so on. In theory, such exemptions can help to ensure equitable access. However, some of those whom the Special Rapporteur met expressed the opinion that the user fees system still acts as a barrier for people living in poverty.41 One report, published by the World Bank, captures some of these criticisms: "In the reality the system is complex and rarely functions. There are no clear guidelines defining exemption categories or giving instructions on how to collect fees and how to use the funds collected. The categories that are difficult to define, such as the poor, do not get exempted, and even if the people get exempted from official fees, in order to actually get services, they have to pay unofficial charges ... [T]he system is clearly hurting the poor and increasing inequality." (Paragraph 46) Resources: In accordance with Law 4/87 of 19 January 1987, official user fees for admission and consultation are set at a relatively low rate. Exemptions exist for certain services, such as the prevention and care of sexually transmitted diseases, and for certain groups such as the elderly, children under 5 years of age, the poor and so on. In theory, such exemptions can help to ensure equitable access. However, some of those whom the Special Rapporteur met expressed the opinion that the user fees system still acts as a barrier for people living in poverty. One report, published by the World Bank, captures some of these criticisms: "In the reality the system is complex and rarely functions. There are no clear guidelines defining exemption categories or giving instructions on how to collect fees and how to use the funds collected. The categories that are difficult to define, such as the poor, do not get exempted, and even if the people get exempted from official fees, in order to actually get services, they have to pay unofficial charges ... [T]he system is clearly hurting the poor and increasing inequality." (Paragraph 66) Civil society: The Special Rapporteur encourages the Government to actively seek the engagement of civil society, including NGOs and marginalised groups such as women, children, the elderly, and people living with HIV/AIDS, in the health sector. For example, the meaningful participation of civil society should be a key feature of the review of PARPA. (Paragraph 81) PESS recognises that, in general, community participation is still weak and sporadic. It notes: "up till now, community participation has implied collaboration in the execution of health programmes rather than in planning, monitoring, assessment and management of some health activities". Current health structures reportedly do not work with local communities to develop the most appropriate forms of service delivery, and this lack of engagement can lead to lower utilisation of services. A human rights approach to health requires active and informed community participation including in the formulation, implementation and monitoring of health strategies, policies and programmes. Community support can also generate an environment conducive to effective voluntary HIV/AIDS testing and counselling; campaigns for the prevention of HIV transmission in young people; and treatment compliance, as well as more generally for reducing stigma. (Paragraph 84)
Please note that the language may have been edited in places for the purpose of clarity.
Gabriela Knaul
(A/HRC/17/30/Add.2)
Report published: 21 April 2011
(i) Continue expanding coverage of the cabinets on violence against women and children and equip them with technical and human resources, including psychological and social support and other care for victims;
Bernards Mudho
(E/CN.4/2006/46/Add.1)
Report published: 27 March 2006
Paul Hunt
(E/CN.4/2005/51/Add.2)
Report published: 4 January 2005