Submitted by crinadmin on
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
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
_______________________________________________________________
(CCPR/C/NPL/CO/2)
Last reported: 18 and 19 March 2014
Concluding observations adopted: 26 March 2014
Concerns raised:
Corporal punishment: The Committee notes that corporal punishment remains a concern, especially in the home, where it traditionally continues to be practiced as a form of discipline by parents and guardians (arts. 7 and 24). (paragraph 15).
The State party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.
Juvenile justice: The Committee expresses concern at the low age of criminal responsibility set at ten years, and the systematic failure to grant children the right to a fair trial with effective procedural guarantees appropriate to their ages. It also regrets the failure to fully implement the 1992 Children’s Act which calls for the establishment of an independent juvenile court (art. 14). (paragraph 17)
The State party should raise the minimum age of criminal responsibility to an acceptable level under international standards, and establish an independent juvenile court to take into account their age and the desirability of promoting their rehabilitation.
Trafficking: The Committee expresses concern at the persistence of trafficking for purposes of sexual exploitation, forced labour, bonded labour, domestic servitude and marriage, as well as trafficking in human organs. It is also concerned at the alleged involvement of State officials in trafficking-related crimes. The Committee is further concerned that child labour and traditional practices of bonded labour such as Haliya, Kamaiya and Kamlari are still prevalent in some regions of the State party (arts. 8 and 24). (paragraph 18)
The State party should strengthen its efforts to prevent, suppress and punish trafficking in persons, trafficking in human organs and bonded labour, including the establishment of a system of data collection and analysis to identify trends and implement effective strategies, and adoption of measures aimed at empowering vulnerable groups to eliminate their risk of exploitation. It should also ensure the effective implementation of the Human Trafficking and Transportation (Control) Act of 2007, prosecute and sanction perpetrators, including State officials complicit in trafficking-related crimes, and provide victims with adequate protection and assistance.
Birth registration and nationality: The Committee expresses concern at the low number of birth registrations, particularly in rural areas, and at difficulties faced by women in the registration process. It also regrets that the current legislation does not provide for the granting of nationality to children born in the territory who would otherwise be stateless. Moreover the Committee is concerned that more than four million persons still lack citizenship certificates, which is essential for the enjoyment of rights guaranteed in the Covenant, including the right to vote. It is also concerned that women are denied equal rights as men with respect to acquiring and conferring nationality (arts. 3, 16, 24, 25 and 26). (paragraph 20)
The State party should amend the Birth, Death and Other Personal Incidents Registration Act to ensure the birth registration of all children born on its territory, and establish an efficient birth registration system that is free of charge at all stages. It should also continue to strengthen efforts to remove barriers, particularly for women and those living in rural areas, to access citizenship certificates and birth registrations. The State party should ensure that citizenship provisions of the new Constitution guarantee the equal right of women to acquire, transfer and retain citizenship.
_______________________________________________________________
UN Committee on Economic, Social and Cultural Rights
E/C.12/NPL/CO/3
Adopted by the Committee: 19-20 November 2014
Published by the Committee: 28 November 2014
Issues raised:
Ratification:
The Committee welcomes the ratification by the State party of the United Nations Convention against Transnational Organized Crime in 2006 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention, in 2008 (para.3).
Harmful practices:
The Committee is concerned that deep-rooted stereotypes and patriarchal attitudes that discriminate against women and girls continue to be prevalent in the society, despite measures taken to curb them. It is particularly concerned that women and girls, in particular of Dalit origin, continue to suffer from harmful traditional practices such as forced and early marriages, accusations of boxi (witchcraft), deuki tradition (offering girls to deities to fulfil religious obligations), jhumas (offering young girls to Buddhist monasteries for performing religious functions, kamlari (offering girls for domestic work to families of landlords) chapaudi (isolating menstruating girls), and badi (widespread practice of prostitution).
The Committee recommends that the State party effectively implement measures to eradicate harmful traditional practices; reinforce its awareness-raising campaigns among the population and in particular in districts and social groups where such practices are prevalent, reiterating that these practices are violating human rights and that they have long lasting negative effects; enforce its Domestic Violence Act of 2009, investigate cases of harmful traditional practices and punish those responsible; provide protection and rehabilitation to victims; expedite the adoption of the Bill prepared by the National Women’s Commission to criminalize all kinds of harmful practices, as well as of the National Strategy to End Child Marriages (para.14).
Labour Exploitation:
The Committee is concerned that child labour remains widespread in the State party. It is also concerned about the high number of children under the minimum age that work in agriculture, quarries and mining, domestic servitude and pottering, despite the existence of Child Labour Act of 2000; the Child Labour Regulations of 2006 and the National Master Plan Relating to Child Labour, 2011-2013. The Committee is further concerned about the weak enforcement of the legislation which prohibits child labour under the minimum age of 14 years and the lack of information on the impact of awareness-raising campaigns conducted by the State party. (art. 10)
The Committee recommends that the State party strengthen its efforts to combat child labour, by taking concrete measures to enforce legislation which prohibits child labour and hold accountable those responsible for non-compliance; increasing measures aimed at facilitating access to education for poor and disadvantaged children; reinforcing its awareness-raising campaigns among disadvantaged families and social groups and sensitizing parents on children’ rights and the lifelong negative effects of child labour; reinforcing labour inspections in activities where children are engaged (para.20).
Trafficking and sexual exploitation:
The Committee expresses concern at the high number of children who are trafficked for labour and sexual exploitation, as well as for begging, forced marriages and slavery, including in neighbouring countries. The Committee is also concerned at the ineffective application of the Human Trafficking Control Act of 2007 and the Children Act of 1992. It is further concerned at the lack of information on investigations, prosecutions, convictions and sanctions imposed on traffickers. (art. 10)
The Committee urges the State party to effectively enforce the current legislation, by: investigating trafficking cases, prosecuting and sanctioning the traffickers and providing rehabilitation and reparation to victims; sensitizing the population on measures taken to combat trafficking such as the Child Search Rescue Center in Kathmandu; further developing its cooperation with neighbouring countries in order to prevent and combat trafficking across borders; bringing its legislation in full compliance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (para.21)
Education:
Committee is concerned that primary education is not yet compulsory in law and that the State party does not guarantee free secondary school. It is also concerned about the high school drop-out rate of girls, in particular during the transition between the primary and the secondary levels, and at the secondary level, due, inter alia, to the unavailability of adequate sanitary infrastructure. (art. 13).
The Committee calls on the State party to adopt legislation making primary school compulsory. It further recommends that the State party: ensure access to school in rural areas and for Dalit and indigenous children in the context of its “Program of Education for All 2015”; make all necessary efforts to make secondary school free; address the high rate of school drop-out of girls, including by providing adequate sanitary infrastructure in all schools; step up its efforts to provide mother tongue based multilingual education through coherent language policy framework, especially for schools with linguistically diverse populations (para.27).
Last reported: 1 and 2 May 2007
Concluding Observations published: 16 January 2008
Trafficking of children: The Committee regrets that most of its 2001 recommendations in relation to the initial report have not been implemented, and that the State party has not addressed in an effective manner the following principal subjects of concern, which continue to be relevant:
- The large number of women and girls being trafficked for prostitution, and the absence of a demonstrably effective response from the State party with regard to this practice; (Paragraph 11)
Access to services for Kamaiyas: The Committee regrets that most of its 2001 recommendations in relation to the initial report have not been implemented, and that the State party has not addressed in an effective manner the following principal subjects of concern, which continue to be relevant:
- The problems faced by emancipated Kamaiyas, including lack of housing, land, work, and education for their children; (Paragraph 11)
Harmful traditional practices: Although certain harmful traditional practices have been prohibited by law, the Committee expresses its continuing concern about the persistence of such practices that violate the rights of women and girls as deuki (dedicating girls to a god or goddess), badi (widespread practice of prostitution among the Badi caste), chaupadi (isolating a woman during menstruation because she is considered to be impure), marrying child brides, and witchcraft. In this regard, the Committee regrets the lack of information contained in the State party’s second periodic report about the full extent of such practices and the efforts being made to eradicate them. (Paragraph 15)
The Committee urges the State party to strictly enforce the law prohibiting harmful practices that violate the rights of women and girls such as deuki, badi, chaupadi, marrying child brides and witchcraft. The Committee requests that the State party provide detailed information on the extent of these practices and the measures being taken to strictly enforce its laws for the protection of women and girls from such harmful practices. (Paragraph 34)
Child labour: The Committee is concerned that despite the efforts of the State party to abolish the worst forms of child labour, the prevalence of child labour remains high, particularly in hazardous conditions of work in agriculture and in manual crafts and in industrial work, domestic work, and ragpicking. The Committee notes with grave concern that children continue to work in conditions of bonded labour. (Paragraph 19)
The Committee recommends that the State party continue to address the situation of children engaged in the worst forms of child labour, with the assistance of the International Labour Organisation. The Committee recommends that measures to rehabilitate affected children, to monitor their work conditions and their living conditions following removal from such work, be strengthened and significantly expanded to cover all children engaged in the worst forms of child labour. (Paragraph 38)
Lack of free and compulsory primary education: The Committee is concerned that in practice primary education is not completely free due to various fees charged to parents, such as for school supplies and uniforms. The Committee notes with concern that the State party has yet to adopt a policy of compulsory education. It further notes the great disparity in enrolment in primary schools between girls and boys and between the Brahmin and other castes, ethnic or indigenous groups, the high repeat and dropout rate among pupils, and the generally low quality of education in public schools. (Paragraph 27)
The Committee calls upon the State party to introduce not only free but also compulsory education, in conformity with articles 13 and 14 of the Covenant, and to specify in its third periodic report by when it plans to achieve this, as well as concrete benchmarks through which progress can be measured. In this regard, the Committee refers the State party to its general comment No. 11 (1999) on plans of action for primary education, and general comment No. 13 (1999) on the right to education. It further urges that human rights be introduced at all levels of education, both as a subject and as a methodology of instruction, reflecting values of participation and social inclusion. The Committee stresses the value of education as a tool for national reconciliation, the eradication of harmful feudal practices, the promotion of respect for the dignity of all persons and groups, as well as the building of skills to enhance future employment prospects (Paragraph 47)
_______________________________________________________________
UN Committee on the Elimination of Racial Discrimination
Last reported: 4 and 5 March 2004
Concluding Observations published: 28 April 2004
Prostitution of girls and women of the Badi caste: The Committee notes the lack of information in the periodic report on the situation of women belonging to disadvantaged groups who are victims of multiple discrimination, and expresses concern over the situation of forced prostitution of girls and women of the Badi caste. The Committee recommends that the State party consider issues of political representation, personal security, employment and education, in line with general recommendations XXV (2000) on gender-related dimensions of racial discrimination and XXIX (2002) on descent-based discrimination, in taking measures to eliminate multiple discrimination against women who belong to vulnerable groups. The Committee further requests the State party to include in its next report the measures taken in this regard, including specific action taken to eradicate forced prostitution of Badi girls and women. (Paragraph 16)
Discrimination against emancipated Kamaiyas: The Committee is concerned that, although the system of agricultural bonded labour known as Kamaiya was abolished in July 2000, the emancipated Kamaiyas are facing many problems, including lack of housing, land, work and education for their children.
The Committee recommends that the State party ensure effective enforcement of the Bonded Labour Prohibition Act 2002 and programmes adopted to put an end to the practice and discrimination against Kamaiyas. It further requests the State party to include information on the implementation of the act in its next periodic report. (Paragraph 18)
Unaccompanied refugee children: The Committee is concerned by information that only the Tibetans who arrived in Nepal before 1990 and the Bhutanese are recognised as refugees by the authorities, and by recent information on forced expulsion of Tibetan refugees. It further expresses concern over the serious restriction of rights for the Bhutanese refugees and the lack of specific measures for unaccompanied refugee children. The Committee reiterates its concern at the absence of legislative protection for refugees and asylum-seekers, and urges the State party to enact relevant legislation, and to ratify international instruments relating to the protection of refugees. It also encourages greater interaction with the Office of the United Nations High Commissioner for Refugees in this regard. The Committee wishes to receive further information in the next periodic report on measures taken by the State party. (Paragraph 19)
Discriminatory customs and societal attitudes: The Committee notes that governmental action has been taken to sensitise the general public, including members of vulnerable groups, against discriminatory traditional customs and societal attitudes. The Committee recommends that the State party take further measures to ensure the training and education of teachers, social workers and law enforcement officials, especially those deployed against the insurgents as well as the political segments of the society. The Committee encourages the State party to carry out comprehensive public education campaigns and to include intercultural education in school curricula. (Paragraph 20)
_______________________________________________________________
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 29 July 2011
Harmful traditional practices: The Committee is concerned that patriarchal attitudes and deep-rooted stereotypes that discriminate against women remain entrenched in the social, cultural, religious, economic and political institutions and structures of the Nepali society, as well as in the media. The Committee is concerned at the persistence of harmful traditional practices in the State party, such as child marriage, dowry system, son preference, polygamy, widows accused of witchcraft, Chaupadi, Jhuma, Deuki and Dhan-Khaane.
The Committee recommends that the State party:
(a) Put in place without delay a comprehensive strategy, with concrete goals and timetables, to eliminate patriarchal attitudes and stereotypes that discriminate against women, in conformity with articles 2 (f) and 5 (a) of the Convention;
(b) Strengthen its awareness-raising and educational efforts, targeted at both women and men, with the involvement of civil society, as well as community and religious leaders, to eliminate harmful traditional practices, and collaborate with the media to enhance a positive, non-stereotypical and non-discriminatory portrayal of women; and
(c) Promptly enact the draft law on social harmful practices, ensure that it covers all forms of harmful practices and ensure full implementation of this law without delay as well as monitoring of its effective implementation. (Paragraphs 17 and 18)
Violence against women and girls: The Committee welcomes the enactment of the Domestic Violence Act 2009 and the launch of a National Plan of Action on Gender Based Violence. However, the Committee is concerned about the continued prevalence of violence against women and girls, including domestic violence, in particular against disadvantaged groups of women such as Dalit women. The Committee is concerned that most of the incidents are undocumented and unaddressed. The Committee is further concerned about the lack of statistical data on violence against women, including sexual violence and domestic violence; the existence of a statute of limitation for registration of cases of sexual violence; and the weak penalty for marital rape .
The Committee urges the State party to give priority attention to combating violence against women and girls and to adopt comprehensive measures to address such violence, in accordance with its general recommendation No. 19. To this end, the Committee recommends that the State party:
(a) Ensure the effective implementation of the Domestic Violence Act and other existing legislation, as well as proper prosecution and punishment of perpetrators of such violence;
(b) Develop a nationwide data collection program on cases of violence against women;
(c) Take immediate measures to abolish the statute of limitation for registration of cases of sexual violence to ensure women’s effective access to courts for the crime of rape and other sexual offences;
(d) Continue to provide the police, public prosecutors, the judiciary and other relevant Government bodies, as well as healthcare providers, with the necessary training on domestic and sexual violence and undertake wider awareness-raising programs in all communities, including Dalit community, specifically targeting men and boys; and
(f) Adopt and enact without delay the draft law under preparation which significantly increases the punishment for marital rape, as mentioned during the dialogue, and undertake an awareness-raising campaign on the new provisions in this regard. (Paragraphs 19 and 20)
Trafficking of children: The Committee welcomes the adoption of the National Plan of Action against trafficking in children and women for sexual and labour exploitation. However, the Committee is concerned about the lack of specific data on trafficking of women and girls, the lack of effective implementation of the Human Trafficking and Transportation Act 2007, the persistence of sexual exploitation, in particular among the Dalit community, and the persistence of the root causes of trafficking and prostitution, including poverty.
The Committee urges the State party to fully implement article 6 of the Convention, through the following:
(a) Collecting and analysing data on all aspects of trafficking and prostitution, disaggregated by age, sex and country of origin, in order to identify trends;
(b) Implementing the Human Trafficking and Transportation Act 2007 to ensure that perpetrators are punished and victims adequately protected, assisted and provided shelters;
(c) Strengthening preventive measures aimed at improving the economic situation of girls and women, gainful employment and other resources to eliminate their vulnerability to traffickers;
(d) Strengthening its efforts at international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking, and improve prevention of trafficking through information exchange;
(e) Ensuring effective implementation of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution;
(f) Ratifying the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children; and
(g) Provision of information and training on the anti-trafficking legislation to the judiciary, law enforcement officials, including immigration and border police and social workers in all parts of the country, and undertaking awareness-raising campaign among the population. (Paragraphs 21 and 22)
Discrimination in citizenship rights: While noting the State party’s explanation that women are not subjected to discrimination in access to citizenship, the Committee remains deeply concerned about obstacles for women to transfer citizenship to their children and foreign husband, for married women to obtain citizenship certificates, and about the persistence of the underlying conditions obstructing access to citizenship including poverty, geographic isolation and onerous administrative requirements.
The Committee strongly urges the State party to:
(a) Ensure that the new Constitution provides for equal and full citizenship rights for women, including by exerting their right to transfer citizenship to their children and foreign husband;
(b) Implement training programmes to Government officials at all levels on legal provisions related to transfer of citizenship;
(c) Carry out a second comprehensive national campaign to issue citizenship certificates, taking into consideration the hardships faced by women in securing proof of nationality;
(d) Accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; and
(e) Ensure that children born on the territory of Nepal who would otherwise be stateless be granted Nepali citizenship. (Paragraphs 25 and 26)
Inequality in access to education for girls: While welcoming the overall increase in gender parity in primary and secondary education, the Committee is concerned about the minimal increase in female enrolment, the very high rate of drop out among girls, the urban/rural disparities in access to education and illiteracy rates, and the low literacy rate of female adults. The Committee is further concerned about the very low number of female teachers at all levels of education.
The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To this end, it urges the State party to:
(a) Strengthen its efforts to achieve universal provision of quality education for girls at each level of the education system in urban, rural and remote areas, provide access to education to girls with disabilities through improvement of infrastructures and provision of support systems, with special attention to girls from Dalit, Indigenous and other disadvantaged groups;
(b) Adopt concrete measures, including effective enforcement of provisions banning early marriage, to prevent drop out of girls from school;
(c) Strengthen its efforts to improve the literacy rate of women through the adoption of comprehensive programmes of formal and non-formal education and training; and
(d) Increase training and recruitment of female teachers. (Paragraphs 27 and 28)
Child labour: While welcoming the prohibition of so called bonded labour, the Committee is concerned about reports that such practice still exists among the indigenous group of Tharu people. The Committee is further concerned about the high rate of child labour, with a particularly high level of girls of 8-14 of age exposed to it; the high proportion of women in the informal sector, and the widespread prevalence of sexual harassment in the workplace. The Committee notes with concern that the draft law on sexual harassment has been pending before Parliament since 2009.
The Committee recommends that the State party ensure equal opportunities for women in the labour market, in accordance with article 11 of the Convention. To this end, the Committee recommends that the State party:
(a) Strengthen its efforts to eradicate bonded labour and child labour and ensure effective implementation of the ILO Convention No 105 on Abolition of Forced Labour;
(b) Regulate the informal sector to ensure that women in this sector are not exploited;
(c) Align the draft law on sexual harassment in the workplace with the Committee’s general recommendation No. 19, enact it without delay and ensure its effective implementation;
(d) Develop a confidential and safe system of filing complaints, facilitate access to justice for victims of sexual harassment and conduct awareness-raising campaigns targeting in particular working women to break down the culture of silence surrounding sexual harassment; and
(e) Consider ratifying the ILO Convention No 189 on Decent Work for Domestic Workers.
Adolescent health care: The Committee welcomes the Aama programme for free delivery services, as well as the decrease in the maternal mortality rate. However, the Committee is deeply concerned about: the low access to basic medical care, in particular by women in situation of poverty, rural women and women with disabilities; the persistence of a very high maternal mortality and morbidity rate, in particular among rural, poor and young mothers; the challenges in accessing delivery services, especially emergency obstetric care; poor nutrition, which is strongly correlated to higher risks of maternal mortality and morbidity; the high prevalence of Uterine Prolapse despite efforts of the State party to provide corrective surgery; the high rate of unsafe abortion, in particular by women in situation of poverty, women from rural villages and from marginalised communities within urban areas, in spite of the legalisation of abortion in 2002; the lack of access to family planning and the highest unmet needs for contraception of rural women, adolescents, poor women and women with disabilities; and the lack of data on HIV prevalence of pregnant women.
The Committee recommends that the State party:
(a) Ensure access to basic health care and health-related services, within the framework of the Committee’s general recommendation No. 24, in particular for poor and rural women and women with disabilities, and enhance the number of medical staff, including female doctors and other health care providers;
(b) Develop and pursue effective policies and programs to further reduce maternal mortality rate;
(c) Prioritise programs that ensure access to a full range of maternal health services, including antenatal, postnatal, and emergency obstetric care, particularly for poor women, rural women, and young mothers;
(d) Address discriminatory and harmful practices against women and girls such as the lack of provision of sufficient food and the Chaupadi practice, which jeopardise women and girls well-being and health, including reproductive health;
(e) In order to combat the problem of uterine prolapse, take preventive measures, such as adequate access to family planning, awareness raising and training under the already-existing Safe Motherhood programs, and ensure sufficient allocation of funds for quality corrective surgeries and follow up visits, which prevent post-operative complications such as fistula and other health problems;
(f) Improve access to abortion services throughout the country; and
(g) Address unmet need for contraception by prioritising universal access to the full range of contraceptive methods, information, and services, including emergency contraception, with a particular focus on rural women, poor women, and adolescent girls. (Paragraphs 31 and 32)
Women and girls in poverty: While welcoming the implementation of women development programs, the Committee remains concerned about the overall living conditions of women in situation of poverty, especially rural women and women heads of household, and their lack of access to land, adequate food, safe drinking water and fuel for cooking and heat. The Committee is also concerned about discrimination against girl children and women in food distribution within the household.
The Committee recommends that the State party:
(a) Pursue and implement macroeconomic, social and sectoral policies that are geared towards eradicating poverty and reducing gender-based inequality, and encourage broad-based sustained economic growth, and address the structural causes of poverty within the overall framework of achieving people-centred sustainable development;
(b) Strengthen initiatives aimed at encouraging women’s economic sustainable empowerment, including the promotion of women’s access to land and credit and the promotion of training on micro-enterprise development and management, and monitor the impact resulting from these programs;
(c) Ensure equal access of women to resources and nutritious food by eliminating discriminatory practices preventing it, providing women with land ownership, and facilitating women’s access to safe drinking water and fuel; and (d) Provide for the right to adequate food in the new Constitution. (Paragraphs 37 and 38)
Refugee and asylums-seeking women and girls: The Committee is concerned that the State party report does not provide any information about its national policy with regard to applications from asylum seekers and nor does it contain information on the vulnerable situation of asylum seeker and refugee women and girls from neighbouring countries.
The Committee recommends that the State party:
(a) Provide in its next report comprehensive information on its national policy on applications from asylum-seeker and refugee women in Nepal;
(b) Provide enabling environment and gender sensitive policy in dealing with application from women asylum seekers and provide enabling environment for asylum seeker and refugee women to report acts of sexual harassment; and
(c) Pay specific attention to the vulnerability of asylum-seeker and refugee women. (paragraphs 41 and 42)
Early marriage and discriminatory provisions on the rights of married women and girls: The Committee is concerned about the persistent practice of early marriage despite legal provisions banning it; the existence of discriminatory legal provisions relating to the unequal right to inheritance for a married daughter; the existence of contradictory legal provisions on bigamy, that both recognise and criminalise bigamy; and the lack of clear legislation providing for the equal share of all marital property upon dissolution of marriage.
The Committee recommends that the State party:
(a) Enforce legal minimum age of marriage, which is set at 20, and undertake awareness-raising measures throughout the country on negative effects of early marriage on women's enjoyment of their human rights, especially their rights to health and education;
(b) Take legal measures ensuring that women and men have equal rights to inheritance;
(c) Adopt without delay the draft law repealing the provision on bigamy, which is under preparation, so that polygamous marriages are invalidated; and
(d) Ensure that, in law and in practice, women and men are granted equal rights to share all marital property upon dissolution of marriage. (Paragraphs 43 and 44)
_______________________________________________________________
UN Committee against Torture
Last reported: 9 and 10 November 2005
Concluding Observations published: 13 April 2007
Juvenile justice: The Committee is concerned about:
(g) The lack of a well-functioning juvenile justice system in the country, with children often being subjected to the same procedures, laws and violations as adults. In particular, the Committee is concerned about allegations of children being held under TADO for prolonged periods.
Therefore, the State party should:
(g) [T]ake the necessary steps to protect juveniles from breaches of the Convention, and ensure proper functioning of a juvenile justice system in compliance with international standards, differentiating treatment according to age. (Paragraph 21)
Gender-based violence: The Committee is concerned about continued allegations of gender-based violence and abuse against women and children in custody, including acts of sexual violence by law enforcement personnel.
The State party should ensure that procedures are in place to monitor the behaviour of law enforcement officials, and should promptly and impartially investigate all allegations of torture and ill-treatment, including sexual violence, with a view to prosecuting those responsible. The State party should provide to the Committee a list of cases of gender-based violence and abuse against women and children in custody that have been investigated and prosecuted, and the perpetrators punished. (Paragraph 27)
Trafficking of women and children: The Committee is concerned about persistent reports of trafficking in women and children and the alleged involvement of officials in acts of trafficking.
The State party should reinforce international cooperation mechanisms to fight trafficking in persons, prosecute perpetrators, and provide protection and redress to all victims. (Paragraph 32)
Child soldiers: The Committee is concerned about allegations of children being used by security forces as spies and messengers. The Committee is also concerned about reports of recruitment and abduction of children by CPN-Maoist (art. 16).
The State party should take effective measures to prevent security forces using children as spies and messengers. The State party should also take the necessary steps, as a matter of urgency and in a comprehensive manner, to prevent the abduction of children by CPN-Maoist and to facilitate the reintegration of former child soldiers into society. The State party should also consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
_______________________________________________________________
UN Committee on Migrant Workers
Has not yet ratified.
_______________________________________________________________
UN Committee on the Rights of Persons with Disabilities
Ratified in 2010, but has not yet reported.
_______________________________________________________________
UN Committee on Enforced Disappearance
Has not yet ratified.
_______________________________________________________________