NICARAGUA: Children's Rights in the UN Special Procedures' Reports

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.

Please note that the language may have been edited in places for the purpose of clarity.

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Agreed and requested visits

(A) SR on racism (tentative July 2006 – postponed)
(R in 2006 and 2008, reminder in 2009) WG on enforced or involuntary disappearances
(R in 2007) IE on minority issues
(R 2008) IE on human rights and extreme poverty
(R in 2008 for Follow-up visit to Bluefields) WG on arbitrary detention
(R in 2010) SR sale of children, child prostitution and child pornography

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UN Special Rapporteur on the right to food, Olivier De Schutter

(A/HRC/13/33/Add.5)

Country visit: 6-12 November 2009
Report published: 19 February 2010

  • Malnutrition: More than one in five children still suffered from growth retardation in Nicaragua. There is a strong link between stunting and poverty, although malnutrition is still unacceptably high among non-poor households. Maternal education was another important determinant of stunting, as was ethnicity. A number of measures have been taken since the current administration took office to combat child malnutrition. A number of programmes have also been launched in schools to combat food insecurity, such as the programme for the provision of a glass of milk to school children, and the School Feeding Programme. (paras 10-11, 13, 45, pp.5-6, 13)
  • Child labour: Child labour still occurs in rural areas. The Special Rapporteur takes note of a law passed in 2007 prohibiting employment of children below the age of 16. In addition, relevant government initiatives in this area include the programme Mi Primer Empleo (my first job), which offers training and professional education for children between the ages of 12 and 16. (para 27, p.9)
  • Education: The conditional cash transfer programme implemented by the government between 2002 and 2006, which directed funds to female heads of household, significantly increased school enrolment and other education indicators. It has unfortunately been discontinued by the current administration. (para 39, p.11)

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Working Group on Arbitrary Detention, Chair-Rapporteur: Ms. Leila Zerrougui

(A/HRC/4/40/Add.3)

Country visit: 15-23 May 2006
Report published: 9 November 2006

  • Juvenile justice system: The law establishes the institution of children's and juvenile judges. In 1998, a special Children's and Juvenile Court was set up in the capital, Managua, and there are currently three enforcement tribunals operating in the city. The minimum age of criminal responsibility is 13. The legislation establishes, however, that minors aged between 13 and 15 may not receive custodial sentences and are subject instead to special protection measures. Minors may not remain in police detention for longer than the time required to verify their identity and age and for no longer than 24 hours. They must immediately see the special prosecutors for the purpose of initiating the necessary investigations. No minor may be sentenced to a term of imprisonment longer than six years. Detained minors must be sent to special custodial facilities to await trial and, if sentenced to custodial penalties, they must serve their sentences in these same facilities. Thanks to ratification of the Convention on the Rights of the Child and promulgation of the Children's and Young Person's Code, the situation regarding minors in conflict with the law has been considerably improved. (paras 11-12, 55-56, 59, 74, pp.6-7, 13-14, 16)
  • Children in detention: 1.04 per cent of the prison population were teenagers between the ages of 15 and 18. A significant number of minors in detention are being held for offences related to the use or sale of drugs. Many are also held for involvement in the commission of property-related offences and misdemeanours, sexual offences and domestic violence. The juvenile inmates of Tipitapa prison are generally well looked after and kept busy with educational and recreational activities. During its visit to the Estelí prison, the delegation found nine minors housed in a cell-block separate from that of the adults. They also found teenage girls in La Esperanza prison. The delegation was told that some minors are also held in detention in the towns of Chinandega, Chontales and Masaya. The State allocates 10 córdobas (approximately 60 United States cents) per day to cover the needs of a minor in detention, an amount which is clearly inadequate. Efforts are being made, however, to provide psychological support, vocational guidance and educational and recreational programmes for minors. (paras 46, 76, pp.12-13, 16)

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UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mr. Doudou Diène

(E/CN.4/2005/18/Add.6)

Country visit: 26 June to 13 July 2004
Report published: 4 March 2005

Education: Out of 5,398 primary schools in the country, only 200 are located in the Atlántico Norte and Atlántico Sur regions, and the illiteracy rate is 40 per cent against 23 per cent for the country as a whole. This demonstrates the economic and social marginalisation of the Atlantic coast regions. Despite the existence of multilingual education programmes incorporating local languages, very little use is made of these languages and instruction in Spanish predominates. (para 16, p.9)

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