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 purpose of clarity.
- 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 Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
Not yet signed or ratified,
____________________________________________________
UN Committee on Economic, Social and Cultural Rights
Not yet signed or ratified.
____________________________________________________
UN Committee on the Elimination of Racial Discrimination
(CERD/C/OMN/CO/2-5)
Concluding observations on the combimed second to fifth periodic reports of Oman
Adopted by Commmittee: 27-28 March 2016
Published: 6 June 2016
Issues raised:
National Legislation:
The Committee welcomes the adoption of Child Act (2014).
(para. 4b)
Nationality:
The Committee appreciates the positive changes introduced through the updated nationality law (2014), which, inter alia, provide for children born out of wedlock to unidentified parents to be entitled to Omani nationality. However, the Committee remains concerned that the new law only allows Omani women married to non-Omani men to transmit their nationality to their children under strict conditions. The Committee is also concerned that, according to the new law, the State may revoke the citizenship of Omanis if they engage in a group, a party or an organization that adopts principles or doctrines that can harm the interests of Oman (art. 5).
The Committee recommends that the State party revise the new nationality law by removing all gender-based discriminatory provisions and ensuring that the Government cannot revoke citizenship rights of persons who exercise their fundamental rights, including the right to freedom of expression, assembly and association, with a view to preventing statelessness. The Committee also recommends that the State party consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
(para. 25, 26)
CERD/C/OMN/CO/1
Last reported: 7 / 8 August 2006
Concluding Observations issued: 16 August 2006
Issues raised:
Right to nationality: The Committee is concerned that the Omani Nationality Law does not grant citizenship to children of Omani women married to non-nationals, as it does where the father is Omani. The Committee is concerned that this may lead to a situation of statelessness (art. 5 (c) (iii)). (Paragraph 18).
Bearing in mind general recommendation 30 (2004) on non-citizens, the Committee urges the State party to review its legislation on the acquisition of Omani nationality in order to ensure that both parents are allowed to transmit their citizenship to their children. In addition, the Committee recommends that the State party accede to the 1954 Convention relating to the Status of Stateless Persons and to the 1961 Convention on the Reduction of Statelessness.
____________________________________________________
UN Committee on the Elimination of Discrimination against Women
CEDAW/C/OMN/CO/1
Last reported: 4 October 2011
Concluding Observations issued: 21 October 2011
Issues raised:
Stereotypes and cultural practices : While noting the State party’s efforts to exclude gender-role stereotypes in school books and curricula and the positive role played by NGOs to promote a change in the stereotypical roles of women, the Committee is concerned by the pervasive patriarchal attitudes and deep-rooted stereotypes in the State party regarding the roles and responsibilities of women and men in all spheres of life. (Paragraph 23).
The Committee recommends the State party to:
(a) Adopt policies and measures for changing mind-sets regarding stereotypical roles and modifying discriminatory attitudes towards women by promoting women’s roles in public positions of responsibility and their active presence in society as well as encouraging equal sharing of family responsibilities between women and men in the family;
(b) Strengthen its efforts to combat stereotypes in cooperation with community and religious leaders as well as women’s organisations and the media through awareness-raising campaigns addressed to both women and men.
Female genital mutilation: The Committee takes note of the Government’s decision which prohibits the performance by medical doctors of FGM in hospitals. It is however deeply concerned at the lack of statistical data on the extent of the prevalence of this practice in the State party despite information indicating that according to some surveys, around 53% of women have undergone the procedure, and that, reportedly, 85% of women are in favour of it. The Committee is particularly concerned that FGM may be taking place clandestinely in other settings, and may be performed by non-medical personnel. (Paragraph 25).
The Committee urges the State party to:
(a) Develop a plan of action and undertake efforts to eliminate this harmful practice through awareness-raising among opinion leaders in the communities as well as religious leaders, health and education professionals and general population.
(b) Speedily enact legislation prohibiting FGM and ensure that perpetrators are prosecuted and adequately punished; and
(c) Collect statistics and data on this practice.
Right to nationality: The Committee is deeply concerned that women and men do not enjoy equal rights to nationality in the State party. The Committee notes with concern that Omani women’s legal inability to transfer their nationality to their children if and when the fathers are non- nationals, whereas Omani men are able to do so for their children born of foreign mothers, constitutes a clear violation of women’s equal rights under the Convention. The Committee takes note of the State party’s assurances that this situation does not lead to statelessness of children and/or their being deprived of social and economic benefits, but the Committee reiterates its views that this situation constitutes discrimination of Omani women vis-à-vis Omani men in regard to nationality and citizenship rights. The Committee is also concerned about the discrimination against women with regard to naturalization of their foreign spouses as the conditions for naturalization of foreign spouses are different for men and women under Omani law. (Paragraph 33).
The Committee calls upon the State party to withdraw its reservation to article 9 of the Convention and to amend its domestic laws to grant Omani women equal rights with men in regard to transmission of their nationality to their children who have foreign fathers and to their foreign husbands.
Education: The Committee commends the State party for the high levels of enrolment of women and girls in all levels of education, and for its advances in fighting illiteracy where the overall rate for women has fallen from 21.9 per cent to 12.2 per cent over the past seven years. It is however concerned at the lack of compulsory free education for all. It is also concerned that information on girls’ dropout rates during the primary, secondary and tertiary stages of education, and its causes is lacking. The Committee is further concerned that in spite of initiatives to provide career and vocational programmes, the traditional views of both students and teachers orient female students into areas of study perceived as appropriate to their social roles and participation in public life. The Committee is also concerned about the lack of information and statistical data regarding the rates of enrolment of various age cohorts and access to education services by women and girls from rural areas, minorities and non-citizens. (Paragraph 35).
The Committee recommends that the State party:
(a) Achieve its vision to make education compulsory and free for all;
(b) Continue its efforts to ensure equal access to education for women and girls;
(c) Take measures to address the traditional gender stereotypes and “mental conditioning” of students and teachers and to ensure that girls gain optimal benefit from career and vocational programmes; and
(d) Provide detailed information in its next report, in particular, sex- and age-disaggregated statistics on education, including in rural areas, among minorities and non-citizens, providing net enrolment rates of various age cohorts in different stages of education as well as on the progress achieved in regard to girls’ orientation to non-traditional areas of study.
Health: The Committee takes note of the assurances of the State party in its dialogue with the Committee that contraception is free of charge to all women in Oman, that information on reproductive health and sexually transmitted diseases is provided. It also welcomes the information that no authorisation is necessary for women to have access to reproductive health care. It is nonetheless concerned that less than half (41,4%) of ever married women in the age group 15 – 49 use modern contraceptive methods. The Committee also remains concerned about the incidence of clandestine abortions which often result in serious health complications for women. It is further concerned that special needs of women with disabilities are not identified and addressed. (Paragraph 40).
The Committee recommends the State party to:
(a) Continue efforts to increase access to safe and affordable contraceptive services throughout the country and ensure that women in rural areas do not face barriers in accessing family planning information;
(b) Provide education and awareness-raising programmes on the importance of use of contraceptives, risks of unsafe abortion and women’s reproductive health rights;
(c) Strengthen implementation of programmes and policies aimed at providing effective access for women to health-care information and affordable services, in particular regarding reproductive health and contraceptive methods and ensure provision of psychosocial counselling services to women and girls; and
(d) Pay special attention to the health needs of women with disabilities, ensuring their inclusive access to support services that include rehabilitation and psychosocial care .
Early marriage: […..] Furthermore the Committee is concerned at reports that, despite the legal prohibition, marriage of girls under the age of 18 is still widely practised and accepted by Omani custom. The Committee is also concerned that polygamy which constitutes a direct infringement of women’s rights is not prohibited in the State party. (Paragraph 44).
The Committee recommends the State party to:
(a) Embark on law reform with regard to the Personal Status Code taking into consideration the experiences of countries with similar religious backgrounds and legal systems that have successfully accommodated their domestic legislation to commitments emanating from the legally binding international instruments they have ratified, specifically with respect to matters of property, divorce, inheritance and the requirement of the “wali” in entering marriage;
(b) Prohibit polygamy, in accordance with the Committee’s General Recommendation No. 21 (1994);
(c) Continue with efforts to ensure that the practice of dowry does not negate or curtail women’s fundamental human right to freely choose their spouse.
____________________________________________________
UN Committee against Torture
Not yet signed or ratified.
____________________________________________________
UN Subcommittee on Prevention of Torture
No visits made.
____________________________________________________
UN Committee on Migrant Workers
Not yet signed or ratified.
____________________________________________________
UN Committee on the Rights of Persons with Disabilities
Ratified in 2009, but not yet reported.
____________________________________________________
UN Committee on Enforced Disappearance
Not yet signed or ratified.