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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.
UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is concerned that State authorities continue to apply the Constitutional provision of 14 years as the minimum age for admission to employment, despite the existence of Law 17/2000, which establishes a higher standard of 15 years. It is also concerned at the existence of legal provisions that allow the State party to grant permits for children from 12 to 14 years to work in agriculture and domestic service. The Committee reiterates its concern at the high numbers of children aged between 5 and 17 years old who are working, despite the measures taken by the State party to combat child labour, such as the establishment of the Committee for the Eradication of Child Labour and the Protection of Young Workers (CETIPPAT). It is also concerned that the State party has no effective labour inspection system and other mechanisms to protect children who work and do not have identification document or legal identity. The Committee recommends that the State party take the necessary steps to harmonise its legislative framework with the international standards established in ILO Convention No. 138 related to the minimum age of employment; and, to ensure that authorities respect and implement Law 17/2000. The Committee reiterates its recommendation, in line with CCPR recommendations of 2008 (CCPR/C/PAN/CO/3 para. 20), that the State party adopt measures to ensure the full application of the law aimed at eradicating child labour, and establish an effective labour inspection system and other monitoring and enforcement mechanisms. The Committee further recommends that the State party strengthen the mechanisms to protect children who work and who have no identification document or legal identity (paragraphs 66 and 67). UN Human Rights Committee Last reported: 24 and 25 March 2008 Concluding Observations adopted: 3 April 2008 The Committee notes with concern that, despite the fact that the Constitution prohibits persons under the age of 14 years from working, including as domestic workers, and despite legislative measures to prohibit the worst forms of child labour, the rate of child labour in the country continues to be high (arts. 8 and 24). The State party should adopt urgent measures in order to ensure the full application of the law aimed at eradicating child labour, such as the establishment of an effective inspection system. The State party should also ensure that all school-age children receive a full education (paragraph 20). Universal Periodic review (November 2010) 68.23. Ensure the full implementation of child labour provisions, and take all necessary measures to prevent child labour in both rural and urban areas, including child domestic work (Slovenia) (accepted) 69.15. Address the root causes of child labour by drawing up a cash-for-education programme or a similar programme that is aimed at reducing poverty and guaranteeing children's right to education, with a specific focus on rural areas and indigenous communities (Netherlands) (accepted) Low and discriminatory minimum ages for marriage UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee remains concerned at the disparity in the minimum age of marriage for boys set at 16 and for girls at 14 years of age. The Committee reiterates its recommendation that the State Party review its legislation with a view to raising the minimum legal age for marriage for boys and girls at 18 years (paragraphs 31 and 32). UN Committee on the Elimination of Discrimination against Women Last reported: 1 February 2010 The Committee is very concerned that the Civil Code continues to contain provisions that discriminate against women in the area of family relations, in particular with respect to the minimum age of marriage. The Committee regrets that the State party has not yet modified the very low minimum age of marriage, which continues to be set at 14 for girls and 16 for boys, in contradiction with article 16, paragraph 2, of the Convention, the Committee's general recommendation No. 21 and article 14 of the Convention on the Rights of the Child. It is also concerned that the equal sharing of marital property upon divorce relates only to tangible property (movable and immovable) and does not include intangible property such as pension and savings funds (paragraph 50). In line with the recommendations of the Committee on the Rights of the Child in its concluding observations on Panama at its thirty-sixth session (CRC/C/15/Add.233), the Committee calls upon the State party to eliminate discriminatory legal provisions in matters relating to family and marriage in order to bring its legislation into line with the Convention. In particular, the Committee urges the State party to raise the minimum age of marriage for both men and women to 18, in line with article 16, paragraph 2, of the Convention, the Committee's general recommendation No. 21 and article 14 of the Convention on the Rights of the Child. It also recommends that the State party take the necessary legislative measures to recognise intangible property, such as pension and savings funds, as part of marital property (paragraph 51). Universal Periodic Review (November 2010) 70.17. Modify the low minimum age for marriage for girls and boys (Nigeria).(accepted) UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee takes note of the State party's commitment, under the 2010 UPR (paragraph 68.22), to enforce and amend the relevant legislation on trafficking in women and girls, and to adopt appropriate and efficient policies and programmes to address this situation. The Committee recommends that the State party complete its law reform on human trafficking and smuggling and addresses the issue of sale of children as defined in the Optional Protocol on the Sale of Children, Prostitution and Pornography. It also recommends that all necessary measures be taken to ensure the enforcement of the law. The Committee recommends that the State party ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (known as the Palermo Protocol) (paragraphs 70 and 71). UN Committee on the Elimination of Discrimination against Women Last reported: 1 February 2010 The Committee, while welcoming the efforts made by the State party to investigate the factors, fundamental causes and repercussions associated with trafficking in persons and the exploitation of female prostitution, notes with concern the large number of trafficked women and girls in the State party and the very low number of perpetrators who have been prosecuted and punished. The Committee regrets a lack of data from the State party regarding trafficking and sexual exploitation of women and girls and is concerned about the comprehensiveness of the new legal framework and its implementation (paragraph 30). The Committee calls on the State party to intensify its efforts to combat all forms of trafficking in women and girls. It also calls on the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, ensure the protection of the human rights of trafficked women and girls and provide for their rehabilitation. The Committee further calls on the State party to ensure that trafficked women and girls receive adequate support so that they are able to testify without fear against their traffickers. It encourages the State party to develop awareness-raising programmes, widen research on the root causes of trafficking, provide comprehensive training to, inter alia, judges, lawyers, criminal justice officers, health-care providers and law enforcement officials in all matters concerning sexual exploitation and trafficking, and strengthen bilateral and multilateral cooperation with neighbouring States. The State party is requested to report on the implementation of the new legislation on trafficking, especially with respect to the prosecution of traffickers (paragraph 31). High rates of infant and maternal mortality, particularly among indigenous communities UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee notes with concern that children living in remote areas have limited access to basic health services, particularly those living in the traditional territories of the Ngöbe Buglé, Emberá and Kuna, who are also less likely to have access to clean water and sanitation services. The Committee is also concerned that the highest rates of malnutrition (12.4%) and child mortality (varying from 62.3 to 35.2 per 1000 live births) are recorded amongst indigenous children. The Committee is further concerned that the last available data (1996) show that breastfeeding indicators are generally very low, in particular, exclusive breastfeeding at 6 months of age is 25%, much lower than the regional average of 43%. The Committee reiterates its recommendation to the State party concerning the health care system and access to basic health care for all children, while giving priority to regions and communities with the lowest coverage with a view to redressing the existing sharp inequalities in health standards. The Committee recommends that the State party review and revise current initiatives, namely the health goals of the 2010-2014 Strategic Plan (Executive Decree 197/2009) and the National Plan to Combat Child Malnutrition (2008-2015), to ensure a special focus on indigenous and Afro-Panamanian children as well as other children in need of special protection. The Committee also recommends that the State party strengthen the promotion of breast-feeding and enforce the International Code of Marketing of Breast-milk Substitutes (paragraphs 54 and 55). UN Committee on the Elimination of Discrimination against Women Last reported: 1 February 2010 The Committee notes with concern the high rate of maternal mortality in the State party, caused mainly by the lack of provision of appropriate medical care, in particular to rural and indigenous women and adolescents girls. The Committee is further concerned that, owing to difficulties in enforcing existing legislation in the State party, many women are unable to obtain a legal abortion and are therefore forced to resort to an illegal abortion. The Committee is also concerned at the lack of programmes that include measures to raise victims' awareness of the importance of seeking medical treatment after a sexual assault and reporting the incident. (paragraph 42) The Committee urges the State party to improve access to health services for all women and in particular for the most vulnerable groups of women, such as indigenous, Afro- and Asian-descendant women. It also urges the State party to adopt without delay effective measures to resolve the problem of the high rate of maternal mortality by guaranteeing adequate prenatal, childbirth, and post-natal care and ensuring access to health-care facilities and medical assistance provided by trained workers in all parts of the country, particularly in rural areas. The Committee urges the State party to adopt regulations aimed at enforcing existing legislation on women's right to abortion and to give women access to high-quality services for the treatment of complications resulting from unsafe abortions. It invites the Ministry of Health to undertake a thorough investigation or study of unsafe abortions and their impact on women's health, in particular those resulting in maternal mortality, which will serve as the basis for legislative and policy action. It also urges the State party to facilitate a national dialogue on women's right to reproductive health, including on the consequences of restrictive abortion laws. It further recommends that the State party establish programmes that include measures aimed at raising victims' awareness of the importance of seeking medical treatment after an assault and reporting the incident. (paragraph 43) High rate of drop outs from education UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee remains concerned ... that: The Committee recommends that the State party: UN Committee on the Elimination of Discrimination against Women Last reported: 1 February 2010 The Committee is concerned at the large number of girls who drop out of school as a result of early pregnancies and at the lack of surveys or studies relating to this problem. It also regrets that, although there is a legal provision (Law No. 29) mandating the continuation of education for girls during and after pregnancy, there is no effective mechanism in place to ensure compliance with this law (paragraph 36). The Committee recommends that the State party carry out studies or surveys to analyse the main causes of early pregnancies in the country and implement programmes or plans to promote the continuation of studies for girls who become pregnant. It also recommends that a strategy for monitoring compliance with Law No. 29 be implemented in the short term to make it easier for pregnant girls to complete their schooling (paragraph 37). Insufficient sexual and reproductive health education UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee continues to be concerned at the high number of teenage pregnancies in the State party, particularly amongst indigenous and Afro-Panamanian girls. The Committee is also concerned at the lack of access to information by children and adolescents regarding sexual and reproductive health and the lack of formal sex and reproductive education in schools. Moreover, the Committee is seriously concerned at proposed changes to existing legislation aimed at separating pregnant girls into special education facilities, which is a serious violation of their rights. The Committee recommends that the State party ensure that children have access to sex and reproductive health education at school and that all communication means are used for the purpose, including by reaching to parents and the population at large. The Committee further recommends that the State party address the root causes of teenage pregnancies, particularly amongst indigenous and Afro-Panamanian adolescents, with a view to better understanding the issue and drawing appropriate policy measures. In addition, the Committee strongly recommends against separating pregnant girls into special schools. It recommends that the State party take into consideration the Committee's general comment No. 4 on adolescent health and CEDAW recommendation of 2010 (CEDAW/CO/PAN/7 paras. 40 and 41) (paragraphs 56 and 57). UN Committee on the Elimination of Discrimination against Women Last reported: 1 February 2010 The Committee is concerned at the State party's insufficient recognition and protection of women's sexual health and reproductive rights, in particular with regard to the delay in the debate over draft law No. 442 on sexual and reproductive health. It regrets the lack of access to information on health-care services provided to adolescent girls, particularly in rural areas, as well as the high number of early pregnancies. Furthermore, the Committee is concerned at the lack of a holistic and life-cycle approach to the health of women in the State party. (paragraph 40) The Committee urges the State party to take the necessary steps to overcome the stalemate surrounding draft law No. 442 and to promulgate it as soon as possible. The Committee also urges the State party to improve family planning and reproductive health programmes and policies designed to give women and adolescent girls, in particular in rural areas, effective access to information on health-care services, including reproductive health-care services and contraception, in accordance with the Committee's general recommendation No. 24 on women and health and the Beijing Declaration and Platform for Action. The Committee also recommends that the State party step up its efforts to incorporate age-appropriate sex education in school curricula and organise information campaigns aimed at preventing teenage pregnancies. It further recommends that the State party undertake a holistic and life-cycle approach to women's health that includes an intercultural focus (paragraph 41). UN Committee on the Rights of the Child (Concluding Observations, October 2010) The Committee is concerned that the law does not expressly prohibit corporal punishment in the home and in schools. Furthermore, the Committee is concerned that the Family Code (1994, art. 319) and the Civil Code (art. 188) confer the right of parents and guardians in alternative care settings to "correct" children "reasonably and moderately" and that the Family Code (art. 443) authorises guardians to "moderately correct" their wards. The Committee reiterates its recommendations to explicitly prohibit in the State party's legislation all forms of corporal punishment of children and to promote alternative forms of discipline. In this sense the Committee recommends that articles 319 and 443 of the Family Code and article 188 of the Civil Code be revised taking into account the Committee's General comment number 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (paragraphs 45 and 46) UN Committee on the Elimination of Discrimination against Women The Committee also notes with concern that girls are unprotected from corporal punishment and abuse when such conduct is considered to represent a disciplinary measure (paragraph 28). The Committee, in line with the recommendations of the Committee on the Rights of the Child, urges the State party to include in its legislation the prohibition of all forms of corporal punishment of children, particularly of girls. It also recommends that the State party raise awareness of the negative consequences of disciplinary measures on the psychosocial development of girls (paragraph 29). Universal Periodic Review (November 2010) 70.15. Prohibit all forms of corporal punishment of children (Brazil) (accepted) 70.16. Make efforts to include in its legislation a prohibition of all forms of corporal punishment of children (Costa Rica) (accepted) UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee welcomes some significant advances by the State party with respect to HIV/AIDS, such as increasing access to free testing for pregnant women and decreases in the infection rate among young pregnant mothers. However, the Committee is concerned that there are no programmes for children with HIV/AIDS, indigenous boys and girls are at greater risk of infection for lack of targeted services and information, and there is a lack of prevention strategies for adolescents. The Committee recommends that the State undertake steps to reduce the greater risk of HIV/AIDS among indigenous children, including through the provision of culturally sensitive sex education and information on reproductive health, reduce the greater risk of HIV/AIDS among teenagers by providing reproductive health services especially aimed at them and by expanding their access to information on prevention of sexually transmitted diseases, and direct programmes at children with HIV/AIDS. The Committee recommends that the State party seek technical assistance from, inter alia, the United Nations Joint Programme on HIV/AIDS (UNAIDS), UNICEF and UNFPA (paragraphs 58 adm 59). UN Committee on the Elimination of Discrimination Against Women Last reported: 1 February 2010 The Committee regrets the lack of information available on the issue of HIV/AIDS, as well as on the apparent feminisation of the disease in the State party, particularly among rural and indigenous women and girls. (paragraph 44) The Committee calls on the State party to address the spread of HIV/AIDS, including as a result of the power differential between women and men, which often prevents women from insisting on safe and responsible sex practices. It encourages the State party to strengthen its efforts to raise awareness and educate women and girls about ways of protecting themselves from HIV/AIDS, particularly in rural areas. The Committee also urges the State party to ensure that women and girls are accorded equal rights and access to HIV/AIDS detection and related health-care and social services. The Committee requests the State party to provide information and gender- disaggregated data on the issue of HIV/AIDS in its next periodic report (paragraph 45). Discrimination against children from indigenous communities UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee remains concerned at the continued disparities affecting Afro-Panamanian, indigenous children and children with disabilities with regard to access to health care, education and other basic services, as is made evident by the higher rates of infant mortality especially due to preventable diseases, malnutrition, maternal mortality and school drop-outs. It is also concerned at discrimination by police and other security forces against Afro-Panamanian children living in marginalised urban neighbourhoods, who are wrongly perceived as potential delinquents, as a result of such measures as curfew for children and campaigns through mass media linking adolescents to alleged increases in criminality. The Committee recommends that the State party: UN Committee on the Elimination of Racial Discrimination Last reported: 1 and 2 March 2010 The Committee expresses its serious concern about the information received that, despite the existence of the indigenous region as an entity, with provision for self-government and communal ownership of land by indigenous peoples, there are some indigenous communities that have not obtained a region or entity of similar status; this is illustrated by the exclusion of some Ngobe and Emberá communities and the fact that the Bri Bri and Naso communities have been denied such an entity. The Committee also draws attention to the failure to register children born in the indigenous regions. The Committee further wishes to express its concern at the very low standard of living in the indigenous regions, such as the area of Darién where there is poor access to basic services and to governmental poverty-elimination policies. The Committee recommends that the State party finalise the procedures still pending to ensure that all Panamanian indigenous communities secure a region or entity of similar status. It also urges the State party to do its utmost to ensure that its governmental poverty-elimination policies are effective throughout the country, and in particular in the indigenous regions (paragraph 12). Universal Periodic Review (November 2010) 8.31. Redouble efforts to enhance the positive results in the area of economic, social and cultural rights to provide more benefits to the most vulnerable populations, in particular children, indigenous peoples, people of African descent and the rural population (Peru) (accepted) Low age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is especially concerned at: The Committee recommends that the State party bring the juvenile justice system fully in line with the Convention, in particularly regarding: Universal Periodic Review (November 2010) Revise its criminal legislation, including juvenile justice legislation, so as to reduce the use and length of pre-trial detention for persons under 18, and increase the age of criminal responsibility in accordance with the Convention on the Rights of the Child (Mexico) (pending) Use of, and conditions in, pre-trial detention for children UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is concerned that the general conditions of pre-trial and detention centres for children in conflict with the law are very poor and that there is no systematic inspection to investigate and evaluate actual conditions as well as violations to existing regulations (paragraph 75). Universal Periodic Review (November 2010) Revise its criminal legislation, including juvenile justice legislation, so as to reduce the use and length of pre-trial detention for persons under 18, and increase the age of criminal responsibility in accordance with the Convention on the Rights of the Child (Mexico). (pending) UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee ... notes that in remote parts of the country, indigenous children, children born to refugee parents and children of migrants still fail to be registered, a concern which was highlighted by CERD in 2010. The Committee recommends that the State party continue to implement special measures, including the provision of information in indigenous languages, greater access to registry services and more sensitisation and training on nationality law for registry officials, with the view to ensuring that children born in remote areas, including indigenous children, refugee children and children of migrants parents are duly registered at birth (paragraph 19 and 40). UN Human Rights Committee Last reported: 24 and 25 March 2008 Concluding Observations adopted: 3 April 2008 The Committee, while taking note of the efforts made by the State party to register all births, regrets the fact that some persons still remain unregistered, especially in rural areas and indigenous communities (arts. 16, 24 and 27). The Committee recommends that the State party strengthen the necessary programme and budgetary measures and take into consideration the good practices of other countries in this area in order to ensure the registration of all births and other vital details related to civil status throughout its national territory as well as the registration of all adults (paragraph 19). Universal Periodic Review (November 2010) 68.28. Address difficult access to birth registration procedures, particularly for children of African decent, indigenous children and those living in rural and border areas (Nigeria) (accepted) 68.29. Take measures to overcome the difficulty of access to birth registration procedures, particularly for children of African descent, indigenous children and children living in rural and border areas (Haiti) (accepted)