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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ________________________________________________________________________ Violence against children, particularly domestic violence UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee notes the establishment of the VOCA Programme that provides support services for victims of child abuse and domestic violence, as well as the recent studies undertaken on domestic violence and child abuse. The Committee is concerned about the increasing incidence of sexual abuse of children, including within the family, as well as the continued lack of awareness about domestic violence, ill-treatment, abuse (sexual, physical and psychological) and neglect of children. Concern is also expressed at the insufficient financial and human resources allocated to VOCA, as well as the inadequate programmes established to prevent and combat all forms of abuse against children and to facilitate the rehabilitation of child victims. The Committee is also concerned about the lack of authority under law to remove a child from harmful situations within the home in order to protect him/her. In the light of article 19, the Committee recommends that the State party reinforce its efforts to prevent and combat domestic violence; child abuse, including sexual abuse; and ill-treatment and neglect of children. It further recommends that the State party take all appropriate measures to ensure that cases of domestic violence, ill-treatment and sexual abuse of children are properly investigated in the context of a child-friendly judicial procedure and that sanctions are applied to perpetrators, with due regard given to protecting the right to privacy of the child. Additionally, all appropriate measures should be taken to guarantee the physical and psychological recovery and social reintegration of child victims, in accordance with article 39 of the Convention, including through awareness raising on the role of VOCA. The Committee recommends that the State party review its legislation to guarantee greater protection for children in harmful situations. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF. (Paragraphs 42 and 43) Universal Periodic Review (May 2011) A - 61.27. Consider establishing shelters for victims of domestic violence and reinforce efforts to prevent and combat child abuses, including measures to assist in recovery and reintegration (Canada); (accepted) A - 61.34. Implement policies to ensure the promotion of the rights of women and children, specifically in combating domestic violence (South Africa); (accepted) A - 61.42. Step up the implementation of measures to combat, prevent and punish acts of child abuse, child neglect and domestic violence (Malaysia); (accepted) ________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee notes that the Master Plan for Education (2000) is aimed, inter alia, at strengthening the network of guidance and counselling and at discouraging and preventing the use of physical punishment at both the primary and secondary school levels. The Committee is concerned, however, that corporal punishment is still practised and widely accepted in the State party and that domestic legislation generally does not prohibit and eliminate its use in homes and schools. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit and eliminate all forms of corporal punishment in schools and in homes. The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2. (Paragraphs 44 and 45) Universal Periodic Review (May 2011) A - 61.44. Prohibit the use of corporal punishment in homes and in schools and conduct awareness campaigns to reduce the scope of this action (Norway); (accepted) ________________________________________________________________________ Sexual abuse and exploitation of children UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee expresses its concern about the inadequate legal protection of children, particularly boys, against commercial sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party take all appropriate measures to ensure adequate legal protection of children, including boys, against commercial sexual exploitation and pornography. The Committee recommends that the State party undertake all appropriate measures to ensure the non-stigmatisation and non-criminalisation of child victims of sexual abuse and exploitation. Additionally, it is recommended that the State party undertake studies with a view to understanding the scope of the problem and implementing appropriate policies and measures, including the physical and psychological recovery and social reintegration of child victims. The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children and that it raise the age for protection against commercial sexual exploitation to 18 years. (Paragraphs 58 and 59) Universal Periodic Review (May 2011) A - 61.14. Take measures to ensure the full implementation of the principles and provisions of the Convention on the Rights of the Child. Intensify efforts to establish an Ombudsman for Children to deal with complaints of violations of the rights of the child, particularly those related to child exploitation and sexual violence (Spain); (accepted) A - 61.4. Amend relevant domestic legislation so as to offer married women the same level of protection against coerced sex as to unmarried women and remove the law which discriminates against a wife's and female child's right to inherit property (United Kingdom); (accepted) A - 61.38. Reinforce the efforts to prevent and combat trafficking in human beings for sexual exploitation with particular focus on children (Slovakia); (accepted) A - 61.39. Adopt legislation aimed at protecting children from economic and sexual exploitation (Thailand); (accepted) A - 61.40. Adopt expeditiously necessary legislation and implement all relevant measures to prevent and combat sexual abuse of children, providing for the physical and psychological recovery and social reintegration of child victims (Slovakia); (accepted) A - 61.41. Conduct investigation of all alleged sexual abuse of children in a child-friendly judicial procedure, with due regard given to protecting the right to privacy of the child (Slovakia); (accepted) A - 62.34. Urgently implement legislation that specifically addresses child sexual exploitation through electronic images and take appropriate measures to ensure adequate legal protection of children, including boys, against commercial sexual exploitation (United Kingdom); (accepted) A - 62.35. Enact legislation that addresses exploitation of children via sexually explicit videos, movies, photos and electronic images (New Zealand); (accepted) A - 62.36. Enact legislation to prevent child labour and protect children from commercial sexual exploitation (Trinidad and Tobago); (accepted) ________________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee expresses concern regarding the low legal age for criminal responsibility (10 years). The Committee recommends that the State party raise the legal age for criminal responsibility. (Paragraphs 28 and 29) Universal Periodic Review (May 2011) A - 62.30. Review the legislation on minimum age for criminal responsibility (Brazil); (accepted) A - 62.31. Raise the minimum age of criminal responsibility in compliance with international standards (Slovakia); (accepted) ________________________________________________________________________ Discrimination with regards to the minimum age of marriage UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee also expresses concern at the disparity in the legal minimum age for marriage of girls (16 years) and boys (18 years). The Committee further recommends that the State party take all appropriate measures to increase the legal minimum age of marriage for girls to that of boys (18 years). (Paragraphs 32 and 33) Universal Periodic Review (May 2011) A - 62.41. Equalise the legal minimum age of marriage for girls and boys (Norway); (accepted) ________________________________________________________________________ Economic exploitation, including child labour UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee expresses concern at the absence of adequate labour laws to protect children from economic exploitation. In the light of the increasing number of school drop-outs, the lack of a minimum age for employment and the increasing number of children living and/or working on the streets, the Committee is concerned about the lack of information and adequate data on the situation of child labour and economic exploitation in the State party. In the light of article 32 of the Convention, the Committee recommends that the State party enact legislation to protect children from economic exploitation and introduce appropriate monitoring mechanisms to ensure the enforcement of such laws, including in the informal sector. It is further recommended that the State party undertake a comprehensive study to assess the situation with regard to child labour. The Committee encourages the State party to consider ratifying ILO Convention No. 138 concerning Minimum Age for Admission to Employment and ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour. (Paragraphs 54 and 55) Universal Periodic Review (May 2011) A - 62.36. Enact legislation to prevent child labour and protect children from commercial sexual exploitation (Trinidad and Tobago); (accepted) A - 62.37. Seek the assistance of ILO to combat child labour (Brazil); (accepted) ________________________________________________________________________ Discrimination against children from vulnerable groups, including children of non-Palauan parentage, children of immigrant families UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee notes with concern that the principle of non-discrimination is not adequately implemented, in particular with respect to vulnerable groups of children, especially children of non-Palauan parentage, including children of immigrant families and children adopted through inter-country adoptions; children living in the outer islands; and children living and/or working on the streets. The Committee is particularly concerned about their limited access to adequate health, education and other social services. The Committee also expresses concern at the disparity in the legal minimum age for marriage of girls (16 years) and boys (18 years). The Committee recommends that the State party increase its efforts to ensure the implementation of laws, policies and programmes guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it relates to the vulnerable groups. In particular, the Committee recommends that the State party take all appropriate measures, including those of a legal nature, to ensure that non-Palauan children are afforded equal and adequate access to health, education and social services. The Committee further recommends that the State party take all appropriate measures to increase the legal minimum age of marriage for girls to that of boys (18 years). (Paragraphs 32 and 33) Universal Periodic Review (May 2011) A - 61.23. Adopt legislative and public policy measures aimed at eliminating discrimination against children in situation of vulnerability, including children of immigrant families (Argentina); (accepted0 P – 62.18 (Part 1). Gradual consideration be given, with the assistance of OHCHR, to the ratification of some human rights treaties, in particular the International Convention on the Elimination of All Forms of Discrimination against Women and (Chile) (pending) P - 62.24 (Part 3). the International Convention for the Protection of All Persons from Enforced Disappearance; and the International Convention on the Elimination of All Forms of Racial Discrimination(Spain); (pending) P - 62.24 (Part 5).In particular, sign and ratify the International Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, whose ratification was approved by the Senate in early 2008 and is still awaiting for the approval of the House of Representatives (Spain); (pending) P - 62.29. Revise the status of children born of foreign parents in accordance with relevant international standards (Hungary); (pending) ________________________________________________________________________ Discrimination against women and girls UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee also expresses concern at the disparity in the legal minimum age for marriage of girls (16 years) and boys (18 years). The Committee recommends that the State party increase its efforts to ensure the implementation of laws, policies and programmes guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it relates to the vulnerable groups. In particular, the Committee recommends that the State party take all appropriate measures, including those of a legal nature, to ensure that non-Palauan children are afforded equal and adequate access to health, education and social services. The Committee further recommends that the State party take all appropriate measures to increase the legal minimum age of marriage for girls to that of boys (18 years). (Paragraphs 32 and 33) Universal Periodic Review (May 2011) A - 61.4. Amend relevant domestic legislation so as to offer married women the same level of protection against coerced sex as to unmarried women and remove the law which discriminates against a wife's and female child's right to inherit property (United Kingdom); (accepted) A - 61.19. Accelerate efforts aimed at raising awareness and education among the general population on human rights, particularly on the rights of women, children and disabled persons (Malaysia); (accepted) A - 61.34. Implement policies to ensure the promotion of the rights of women and children, specifically in combating domestic violence (South Africa); (accepted) P – 62.18 (Part 1). Gradual consideration be given, with the assistance of OHCHR, to the ratification of some human rights treaties, in particular the International Convention on the Elimination of All Forms of Discrimination against Women and (Chile) (pending) P - 62.24 (Part 5).In particular, sign and ratify the International Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, whose ratification was approved by the Senate in early 2008 and is still awaiting for the approval of the House of Representatives (Spain); (pending) ________________________________________________________________________ Insufficient provision for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, February 2001) While the Committee notes that the State party has enacted legislation to protect children with disabilities and established an Inter-agency Task Force on Children with Special Needs, it is concerned that there are insufficient programmes, services and resources for children in this regard. The Committee is also concerned about the insufficient efforts and the reluctance of teachers to facilitate the inclusion and acceptance of children with disabilities into the regular school system, despite requirements under law. In the light of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its Day of General Discussion on “The rights of children with disabilities” (CRC/C/69), it is recommended that the State party strengthen its efforts to develop early identification programmes to prevent disabilities; establish special education programmes for children with disabilities; and implement the law that provides for their inclusion within the school system. Additionally, the Committee encourages the State party to reinforce its efforts to raise awareness and sensitise the public about the rights and special needs of children with disabilities, including children with mental health concerns. In this regard, the Committee encourages the State party to consider including mental disabilities within the definition of disabilities; to ensure that children with such concerns are provided adequate care, services and rehabilitation; and to guarantee adequate human and financial resource allocations. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities from, inter alia, the World Health Organisation. (Paragraphs 50 and 51) Universal Periodic Review (May 2011) A - 61.19. Accelerate efforts aimed at raising awareness and education among the general population on human rights, particularly on the rights of women, children and disabled persons (Malaysia); (accepted) A - 61.20. Meet its reporting obligations under the CRC (Maldives); (accepted) A - 61.22. Promote and protect the rights of persons with disabilities by, among others, involving persons with disabilities in all phases of ratification of the CRPD and the Palau National Policy on Disability, and ensuring access to education as well as an inclusive education system at all levels for children with disabilities (Thailand); (accepted) A - 61.52. Intensify the efforts, including through increasing the seeking of technical cooperation, for establishing special educational programmes for boys and girls with disabilities (Mexico); (accepted) A - 62.24 (Part 2). the Convention on the Rights of Persons with Disabilities and its Optional Protocols; (Spain); (accepted) ________________________________________________________________________ Lack of an Ombudsperson for children UN Committee on the Rights of the Child (Concluding Observations, Febraury 2001) The Committee notes that the State party, under the National Plan of Action for Children, intends to establish an ombudsperson for children within the proposed Office for Child and Family Support. The Committee further notes that that office will also be responsible for coordinating the implementation of the Convention. The Committee expresses concern at the potential conflict of interest that may arise as a result of having the same office responsible for both coordination and monitoring. The Committee encourages the State party to reinforce its efforts to establish an independent monitoring mechanism, such as an ombudsperson for children, to deal with complaints of violations of the rights of children and to provide remedies for such violations. The Committee further encourages the State party to take all appropriate measures to ensure that the office of the ombudsperson is allocated adequate resources and is child-friendly and accessible to children. The Committee suggests that the State party introduce an awareness raising campaign to facilitate the effective use by children of the monitoring mechanism. The Committee further suggests that the State party reconsider its proposal to incorporate the ombudsperson for children within the Office for Child and Family Support so as to ensure that the agency with responsibility for coordinating implementation of the Convention is not also responsible for monitoring implementation. (Paragraphs 22 and 23) Universal Periodic Review (May 2011) A - 61.14. Take measures to ensure the full implementation of the principles and provisions of the Convention on the Rights of the Child. Intensify efforts to establish an Ombudsman for Children to deal with complaints of violations of the rights of the child, particularly those related to child exploitation and sexual violence (Spain); (accepted) ________________________________________________________________________ Children living and working on the streets UN Committee on the Rights of the Child (Concluding Observations, February 2001) The Committee further expresses concern at the increasing number of children living and/or working on the streets and the lack of policies, programmes and services to provide greater protection and care for these children and to strengthen families. The Committee recommends that the State party undertake a study to understand the scope and nature of the increasing phenomenon of children living and/or working on the streets. Additionally, the Committee recommends that the State party establish mechanisms to ensure that children living and/or working on the streets are provided with nutrition, clothing, housing, health and rehabilitation services, education, and vocational and life-skills training. Moreover, in the light of the weakening of the extended family structure, the Committee recommends that special attention should be paid to the strengthening of families as social units. The Committee recommends that the State party cooperate and coordinate its efforts with civil society in this regard. (Paragraphs 38 and 39) The Committee expresses concern at the absence of adequate labour laws to protect children from economic exploitation. In the light of the increasing number of school drop-outs, the lack of a minimum age for employment and the increasing number of children living and/or working on the streets, the Committee is concerned about the lack of information and adequate data on the situation of child labour and economic exploitation in the State party. (Paragraph 54) Universal Periodic Review (May 2011) A - 61.46. Establish mechanisms ensuring that street children are provided with clothing, housing, health and educational services (Poland); (accepted) ________________________________________________________________________