PARAGUAY: Children's Rights in UN Treaty Body Reports

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.

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UN Human Rights Committee

CCPR/C/PRY/CO/3

Last Reported: 11 and 12 March 2013                                                              Concluding Observations issued: 29 April 2013

Issues raised and recommendations given:

Reproductive health: The Committee expresses its concern at the criminalization of abortion, including in cases of rape or incest, which forces pregnant women to seek clandestine abortion services that put their lives and health at risk. The Committee is also concerned about the continuing high rates of teenage pregnancies and maternal mortality. The Committee recommends that the State party should revise its legislation on abortion by making further exceptions to the ban on abortion, including when the pregnancy is the result of rape or incest.

The State party should ensure that reproductive health services are accessible to all women and girls in every region of the country. The State party should also increase the number, and ensure the implementation, of education and awareness programmes at the formal level (in public and private schools) and at the informal level (through the media and other means of communication) on the importance of using contraceptives and on sexual and reproductive health rights.  (arts. 3 and 6)

Trafficking: While it is aware of the efforts made by the State party to prevent and punish human trafficking, the Committee is concerned about the large number of children and women who continue to be the victims of trafficking, and about the widespread impunity in such cases. The State party should step up its efforts to put a stop to human trafficking, particularly trafficking in women and children for purposes of sexual exploitation or child labour.

The State party should try all alleged perpetrators of such acts and, if they are found guilty, punish them. The State party should continue training police and immigration officers and should provide protection and rehabilitation for victims. It should also strengthen its mechanisms for cooperation with neighbouring countries and run public awareness campaigns on the negative effects of human trafficking. (arts. 7, 8 and 14) (Para. 17)

Child labour: The Committee is concerned about the prevalence of the practice of criadazgo, which involves placing children and adolescents with another family to carry out domestic chores, usually without giving them access to education or basic labour rights. The State party should adopt policies and strategies to eliminate the practice of criadazgo, including by supporting the original family unit so that it can play its full role in the upbringing of children and by running awareness campaigns to make society less tolerant of child labour. The State party should also take steps to implement vocational training programmes for children and adolescents from vulnerable families throughout the country. (arts. 8 and 24)

Justice: The Committee is concerned about the very high levels of overcrowding and the poor conditions in places of detention, including in the youth custodial facilities known as “educational centres”. The Committee is also concerned at the absence of penalty enforcement regulations for the purpose of monitoring conditions of custodial sentence enforcement and promoting the use of non-custodial alternatives.

The State party should improve conditions in prisons and detention centres, in accordance with the provisions of the Covenant and the Standard Minimum Rules for the Treatment of Prisoners. In particular, the State party should bring youth custodial facilities up to international standards, particularly in terms of education, sanitation, leisure opportunities, access to water and suitable basic washrooms. The State party should also adopt sentence enforcement regulations and consider the wider use of alternatives to imprisonment, such as electronic surveillance devices, parole and community service. (art. 10) (Para. 21)  

The Committee is concerned about allegations of serious irregularities in the actions of the Public Prosecution Service, the judiciary and the security forces in relation to the police raid in Curuguaty in June 2012. In particular, the Committee is concerned about reports of a lack of impartiality and independence in the investigations into the events. The State party should institute an immediate, independent and impartial investigation into the deaths of 17 people during the police raid in Curuguaty on 15 June 2012, and also into all the related incidents reported by the victims, particularly torture, arbitrary detention, extrajudicial executions and possible violations of due process, including in the case of the young person who was convicted and the two heavily pregnant women held in pre-trial detention. (arts. 6, 7 and 14) (Para. 23)

Birth registration: The Committee takes note of the efforts by the State party to register all births, but regrets that a large proportion of children are still not registered, especially in rural areas and in indigenous communities. The State party should continue its efforts to ensure that all children born in its territory are registered and receive an official birth certificate. Accordingly, it should amend its legislation to allow teenage mothers to register their children without the need for a court order. It should also carry out campaigns to encourage the registration of all adults who have not yet been registered. (arts. 16, 24 and 27) (Para. 26)

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CCPR/C/PRY/CO/2

Last reported: 19 and 20 October 2005
Concluding Observations adopted: 28 October 2005
 

Issues raised:

Infant and maternal health: The Committee is concerned by the high infant and maternal mortality rates, especially in rural areas. The Committee is concerned about Paraguay's restrictive abortion laws, which induce women to seek unsafe, illegal abortions, at potential risk to their life and health. The Committee urges the State to take action to reduce this problem by revising its legislation on abortion to bring it into line with the Covenant, and ensure that contraceptives are available to the general public, especially in rural areas. (Para. 10)

Trafficking: The Committee is concerned about the persistent trafficking of women and children for purposes of sexual exploitation. The Committee urges the State to take urgent action to abolish this practice and do all it can to identify, assist and compensate victims of sexual exploitation. (Para. 13)

Child soldiers: The Committee is concerned about the recruitment of children for military service, especially in rural areas. Child soldiers are reportedly used as forced labour, and cases of ill-treatment and death have been reported. The Committee urges the State to end this practice, investigate cases of ill-treatment and death of conscripts and compensate the victims. (Para. 14)

Child labour: The Committee is concerned about the high number of children living on the street and involved in child labour. The Committee urges the State to take steps to ensure respect for children's rights, including to eradicate child labour. (Para. 21)

Birth registration: The Committee is concerned about the high number of unregistered children. The Committee recommends that the State step up child registration throughout the country, especially in rural areas and within indigenous communities, and keep the Committee informed of its progress. (Para. 22)

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UN Committee on Economic, Social and Cultural Rights
 

E/C.12/PRY/CO/4

Concluding observations issued: 20 March 2015

Issues raised:

Ratifications and legal reform: The Committee notes with satisfaction the State party’s ratification of the following international instruments:

(a) The International Convention for the Protection of All Persons from Enforced Disappearance, on 3 August 2010;

(b) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on 23 September 2008;

(c) The Convention on the Rights of Persons with Disabilities and its Optional Protocol, on 3 September 2008. (para. 3)

The Committee welcomes the adoption of:

(a) The Languages Act No. 4251 of 12 December 2010; * Adopted by the Committee at its fifty-fourth session (23 February to 6 March 2015). United Nations E/C.12/PRY/CO/4 Economic and Social Council Distr.: General 20 March 2015 English Original: Spanish E/C.12/PRY/CO/4 2 GE.15-04384E

(b) Act No. 4088 of 13 September 2010 establishing free compulsory primary education for children 6 to 14 years of age;

(c) Decree No. 11,416 of 17 July 2013 establishing universal free provision throughout the country of all health services offered by the Ministry of Public Health and Social Welfare. (para. 4)

The Committee welcomes the State party’s efforts to integrate a human rights approach in the planning, design, implementation, monitoring and evaluation of social programmes and policies. In particular, the Committee welcomes:

(a) The creation in 2014 of a system for monitoring international recommendations made by the various human rights mechanisms;

(b) The formulation in 2014 of a national plan on the rights of persons with disabilities;

(c) The adoption in 2012 of the National Plan for Human Rights Education;

(d) The implementation of the Tekoporã and Abrazo Programmes. (para. 5)

Child labour: The Committee is concerned that child labour remains widespread in the State party, particularly in the agricultural sector and in domestic work through the practice of criadazgo (exploitation of child domestic workers) (art. 10).

The Committee exhorts the State party to step up the fight against child labour by, inter alia, ensuring that the law protecting children against economic exploitation is vigorously enforced and strengthening child labour oversight mechanisms. The Committee recommends that the State party adopt measures to strengthen prevention programmes and eliminate the economic exploitation of children. (para. 23)

The right to adequate food: The Committee notes with concern that, despite the State party’s efforts, rates of undernutrition in the general population and rates of malnutrition in children remain very high.

The Committee recommends that the State party redouble its efforts to protect the right to adequate food and step up initiatives to effectively address food insecurity and child malnutrition, especially in rural areas. The Committee further recommends that the State party expedite the adoption of the bill on food and nutrition security. (para. 26)

Sexual and reproductive health: The Committee is concerned that, despite the State party’s efforts, teenage pregnancy and maternal mortality rates remain high, a situation due, in part, to the lack of adequate sexual and reproductive health services and information and the large number of unsafe abortions (art. 12).

In the light of its previous recommendation (E/C.12/PRY/CO/3, para. 32), the Committee recommends that the State party:

(a) Take the necessary legislative and administrative measures to prevent maternal mortality and morbidity, taking into account the technical guidance provided by the Office of the United Nations High Commissioner for Human Rights E/C.12/PRY/CO/4 GE.15-04384E 9 (OHCHR) on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22);

(b) Amend its legislation on the prohibition of abortion in order to render it compatible with other fundamental rights, such as women’s rights to health, life and dignity;

(c) Intensify its efforts to ensure the accessibility and availability of sexual and reproductive health care and information, especially in rural areas;

(d) Expand and strengthen comprehensive, age-appropriate sexual and reproductive health education for both sexes in all schools, and also in informal settings. (para. 29)

Right to education: The Committee remains concerned that, despite the considerable progress made in extending education coverage, disparities persist between urban and rural schools in terms of accessibility, quality and infrastructure, which particularly affect indigenous children, children living in remote areas and children with disabilities. The Committee is also concerned that many rural schools do not have adequate, separate toilet facilities for each sex, a situation which could have a deterrent effect on school attendance among girls and teenagers (art. 13).

In the light of its general comment No. 13 (1999) on the right to education (art. 13 of the Covenant), the Committee recommends that the State party take the necessary steps to ensure that the education system is available and accessible for all children, including children with disabilities, by promoting inclusive education. It further recommends that the State party improve the quality and infrastructure of schools, especially in rural areas, and ensure that all schools in rural areas have adequate water and sanitation infrastructures, including, in particular, separate toilet facilities for each sex. (para. 30)

E/C.12/PRY/CO/3

Last reported: 13 and 14 November 2007
Concluding Observations adopted: 21 November 2007

Issues raised and recommendations given:

Child labour: The Committee is concerned about the high number of child workers. The Committee is particularly concerned about the vulnerability of children working in domestic service who are exposed to ill-treatment, exploitation and sexual abuse. Many of these children are also deprived of the right to education. The Committee notes that there is no effective structure providing legal and judicial protection for these children. The Committee encourages the State to intensify its efforts to eliminate child labour, particularly in domestic service. It requested the State to investigate all cases of exploitation and sexual abuse of child workers, and bring to trial and punish those responsible. (Para. 12.h)

The effects of soya bean cultivation on children and their families: The Committee notes with concern that the expansion of soya bean production has fostered the indiscriminate use of toxic agro-chemicals that have led to the deaths and illness of a number of children and adults, partly on account of the contamination of their water supply, which has jeopardised the traditional food resources of affected communities. (Para.  16)

Sexual health: The Committee is concerned about the high rates of maternal and infant mortality caused by clandestine abortions. The Committee urges the State to address this problem by introducing sex education and family planning into the school curricula, in order to help prevent early pregnancies and the spread of sexually transmitted diseases. It also recommends that it adopt a law on sexual and reproductive health that is compatible with the provisions of the Covenant. The State should also continue its efforts to reduce maternal and infant mortality in general. (Para. 21)

The Committee strongly encourages the State party to take the necessary legislative steps to address the problem of female mortality caused by clandestine abortions, and recommends that school curricula openly address the subjects of sex education and family planning in order to help prevent early pregnancies and the spread of sexually transmitted diseases. It also recommends that it adopt a law on sexual and reproductive health that is compatible with the provisions of the Covenant. The State party should also continue its efforts to reduce maternal and infant mortality. (Para. 32)

Mental health: While noting the increase in the budget of the psychiatric hospital of Paraguay, the Committee is concerned about the situation of patients in psychiatric institutions, especially women and children, and the lack of adequate procedural safeguards for persons committed to such institutions. The Committee is particularly concerned about the abuses suffered by some patients held in solitary confinement. (Para. 22)

The Committee encourages the State party to continue its efforts to improve the situation of persons undergoing treatment in psychiatric institutions, and to speed up progress in the implementation of the commitment deed signed in 2004 and, especially, guarantee access to judicial remedy for persons committed to such institutions. The Committee also recommends that the State party adopt in the near future a bill on mental health that is fully compatible with the Covenant. (paragraph 33)

Discrimination against females in education: The Committee recommends that the State party adopt a law on equal opportunities for men and women and ensure that the activities of the Secretariat for Women have a real impact on women's lives. (Para. 24)

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UN Committee against Torture

 CAT/C/PRY/CO/4-6

Last reported: 3 / 4  November 2011
Concluding Observations issued: 14 December 2011

Issues raised and recommendations given:

Detention: The Committee is concerned about the habitual and widespread use of pretrial detention, which may undermine the right to presumption of innocence, rather than non-custodial measures. The Committee is also concerned by the failure to respect the maximum legal period for pretrial detention and by the existence in the State party of legislation that restricts the possibility of using alternatives to preventive detention. The Committee is especially concerned by the extensive use of pretrial detention for children aged between 16 and 18 years.

The Committee notes with concern the abundant information received from various sources on the deplorable material conditions in many of the State party’s police stations and prisons, the overcrowding in them, the inadequate medical services and the almost complete lack of activities for persons deprived of their liberty. In particular, the Committee is concerned about the material conditions in the psychiatric ward of the national prison in Tacumbú and the lack of specialized medical attention provided to the prisoners housed there. The Committee is further concerned about allegations of discrimination against the lesbian, gay, bisexual and transgender community in the State party’s prisons, including discrimination in allowing private visits from partners. Lastly, the Committee is concerned about the arbitrary use of solitary confinement as a punishment in the State party’s prisons (arts. 2, 11 and 16). (Para. 19) 

The State party should take effective measures to ensure that its policy of pretrial detention is in conformity with international standards and that pretrial detention is used solely as a last resort and for a limited period, in conformity with the requirements laid down in its legislation. To this end, the State party should review the use of pretrial detention as a primary measure for accused persons awaiting trial and consider the possibility of using alternatives to deprivation of liberty, as described in the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), adopted by the United Nations General Assembly in its resolution 45/110, in particular in cases involving minors. The State party should also increase judicial control over the duration of pretrial detention.

The State party should adopt urgent measures to ensure that detention conditions in police stations, prisons and other detention centres are in conformity with the United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the Economic and Social Council in its resolutions 663 C (XXIV) and 2076 (LXII). In particular, the Committee recommends that the State party should: (a) Adopt a plan for the improvement of the infrastructure of Paraguay’s police stations and prisons so as to guarantee decent living conditions for persons deprived of their liberty; (b) Ensure that there are sufficient medical professionals, including mental health professionals, to provide proper medical care for persons deprived of their liberty; (c) Provide suitable accommodation and psychiatric treatment for those persons deprived of their liberty who require psychiatric supervision and treatment; (d) Redouble efforts to combat discrimination against vulnerable groups, and in particular against the lesbian, gay, bisexual and transgender community; (e) Use solitary confinement as a last resort, for as short a time as possible, under strict supervision and with the possibility of judicial control.

Violence:  The Committee takes note of the different measures adopted by the State party to combat violence against women, which include providing five police stations with the resources to register complaints of domestic violence. It also takes note of the implementation in seven public hospitals of the National Programme for Prevention and Comprehensive Care for Victims of Gender Violence and of the introduction of custodial penalties to punish acts of domestic violence. However, the Committee is concerned by the lack of a specific law to prevent, punish and eradicate violence against women, particularly sexual abuse, domestic violence and violent killings of women, in spite of the high incidence of such violence in the State party (arts. 2, 12, 13 and 16). (Para. 21)

The State party should intensify its efforts to ensure the implementation of urgent and effective protective measures to prevent and combat all forms of violence against women and girls, particularly sexual abuse, domestic violence and violent killings of women. Such measures should include, in particular, the rapid adoption of a law to prevent, punish and eradicate violence against women that is in conformity with the Convention on the Elimination of All Forms of Discrimination against Women and with general recommendation No. 19 of 1994 on violence against women of the Committee on the Elimination of Discrimination against Women. The State party should also undertake broad awareness-raising campaigns and provide training courses on the prevention of violence against women and girls for officials who are in direct contact with victims (law enforcement officers, judges, lawyers, social workers, etc.) and for the general public.

Abortion: The Committee notes with concern the general prohibition of abortion in article 109 of the Criminal Code, which applies even to cases of sexual violence, incest or when the foetus is not viable, with the sole exception of cases where the foetus dies as an indirect result of an intervention that is necessary to avert a serious threat to the life of the mother. This means that the women concerned are constantly reminded of the violation committed against them, which causes serious traumatic stress and carries a risk of long-lasting psychological problems. The Committee also notes with concern that women who request an abortion under the circumstances described above are punished.

The Committee is also concerned about the denial of medical care to women who have decided to have an abortion, which could seriously jeopardize their physical and mental health and could constitute cruel and inhuman treatment. The Committee expresses its deep concern that illegal abortions are still one of the main causes of mortality among women. The Committee also notes with concern that medical professionals can be investigated and punished by the State party for practising therapeutic abortions. The Committee is also concerned that medical professionals have reported abortions that have come to their knowledge under the protection of professional secrecy, in violation of the profession’s code of ethics (arts. 2 and 16). (Para. 22) 

The Committee urges the State party to review its legislation on abortion, as recommended by the Human Rights Council, the Human Rights Committee, the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights in their latest concluding observations, and to consider providing for further exceptions to the general prohibition of abortion, in particular for cases of therapeutic abortion and pregnancy resulting from rape or incest. The State party should, in accordance with the guidelines issued by the World Health Organization, guarantee immediate and unconditional treatment for persons seeking emergency medical care. The State party should also take measures to preserve confidentiality between doctors and patients when medical care is provided for complications arising from an abortion.

Trafficking: The Committee recognizes the efforts made by the State party to address trafficking in persons, including the creation of the Inter-Agency Committee to Prevent and Combat Human Trafficking and special units in the National Secretariat for Children and Adolescents and the Secretariat for Women, the establishment of a centre to provide comprehensive support for trafficking victims and the drafting of a bill to combat trafficking in persons. The Committee notes with interest the opening of a temporary shelter for trafficking victims, but observes that the shelter has limited space and only receives female victims. The Committee is concerned thatParaguaycontinues to be both a source and transit country for human trafficking and regrets the lack of comprehensive information on trafficking cases and convictions (arts. 2, 10 and 16). (Para. 23)

The State party should ensure that all allegations concerning the trafficking of persons are investigated promptly, impartially and thoroughly and that the offenders are prosecuted and punished for the crime of trafficking in persons. The State party should continue to conduct nationwide awareness-raising campaigns, provide adequate programmes of assistance, recovery and reintegration for victims of trafficking and offer training to law enforcement officers, judges, prosecutors, migration officials and border police on the causes, consequences and repercussions of trafficking and other forms of exploitation. In particular, the State party should make every effort to implement the National Plan for the Prevention and Elimination of the Sexual Exploitation of Children and Adolescents and ensure it is allocated the necessary human and financial resources. The Committee further recommends that the State party increase its efforts to establish systems and mechanisms of international, regional and bilateral cooperation with countries of origin, transit and destination in order to prevent, investigate and punish cases of human trafficking.

Corporal punishment: The Committee takes note of the measures taken to prohibit corporal punishment of children living with their mothers in places of detention or in shelters. The Committee also takes note of the information provided by the State party delegation on the existence of a bill to prohibit corporal punishment. However, the Committee is concerned that corporal punishment in the home is still not prohibited (art. 16). (Para. 26)

The Committee recommends that the State party explicitly prohibit corporal punishment of children in all settings, including in the home.

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Subcommittee on Prevention of Torture

CAT/OP/PRY/1

The Subcommittee on the Prevention of Torture visited Paraguay between 10-16 March 2009.

Institutional context

Inter-institutional commissions. There are three inter-institutional commissions in Paraguay, set up to visit places where persons deprived of their liberty are, or may be, found: they are the inter-institutional commissions responsible respectively for visiting prisons, visiting and monitoring juvenile detention centres and visiting military barracks. These commissions are inter-institutional in the sense that they are composed of representatives of State entities, international bodies and civil society. They represent informal, ad hoc institutions, lacking a sound legal basis and independent funding, which limits their action. Furthermore, these commissions do not visit persons detained in police stations or psychiatric hospitals.

Despite the aforementioned restrictions, the SPT considers that the commissions concerned play a valuable role, occasionally fulfilling oversight functions that belong properly to the public authorities, and accordingly recommends that the State should grant them the necessary financial and logistic support to carry out regular visits to places housing persons deprived of their liberty. The SPT further recommends that the functions, experience and knowledge acquired by these commissions should be taken into account by the National Preventive Mechanism (NPM), once it has been established.

Risk of confession serving as a basis for conviction

Paraguay's Code of Criminal Procedure prohibits the police from taking a statement from the suspect in the course of an investigation (art. 90) and makes it obligatory to inform the Public Prosecutor's Office and the judge (art. 296) within six hours of the initial arrest. (para. 78)

The SPT received repeated and concordant allegations from persons deprived of their liberty concerning the use of forms of torture and ill-treatment by police officers, particularly during the initial stages of detention in police stations, in order to obtain confessions and other information regarding the supposed commission of offences. (para. 79)

According to various testimonies, these confessions obtained through torture and ill- treatment are used as evidence to justify pretrial imprisonment, which — as already noted — is inimical to the right of defence and conducive to unfair convictions.

One of the minors interviewed claimed to have been subjected to the "dry submarine" treatment (i.e. suffocation by means of a plastic bag) three times on the night of his detention at the hands of a number of policemen, who threw a glass of cold water in his face on each of the three occasions on which he passed out. He also described having his hair pulled, being kneed in the stomach and chest, receiving blows to the windpipe, punches and kicks to all parts of his body, slaps on the ears and neck, all with the aim of making him confess to a murder he claims not to have committed, having already confessed to the theft of a motorcycle. This minor added that the statement he signed was in Spanish, which was a language he did not know since he was of Brazilian nationality. He also declared that he was facing a trial for murder on the basis of the statement in question. (para. 80)

Another minor interviewed alleged that he had been subjected to the "dry submarine" treatment and that he had been punched in the head and received blows all over his body to make him reveal the whereabouts of a stolen object as well as to confess to other offences that he claimed not to have committed. (para. 81)

The SPT urges the State party to introduce due process safeguards so that detainees in police custody are not subject to any kind of pressure to make them confess to the commission of a crime or to obtain evidence unlawfully. In particular, the State party should ensure that no person under interrogation shall be subject to violence, threats or methods of interrogation that impair his decision-making capacity or his judgement. (para. 82)

Any statement signed by detained persons should be in a language they know and understand. (para. 83)

The SPT considers that making it possible for a conviction to be based on a suspect's confession alone opens the way to potential abuses of process, including the use of torture and ill-treatment to obtain confessions. To guard against such abuses, the SPT recommends that the State party guarantee the application in practice of article 90 of the Code of Criminal Procedure, so that statements taken by the police during detention — in violation of the aforesaid provision — are not taken into account by judges in deciding on interim measures and do not serve to incriminate or convict a suspect. In accordance with article 15 of the Convention against Torture, a State party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. (para. 84)

Material conditions

At police station No. 9 in Limpio, the conditions in the single cell there were slightly better than at the other police stations visited, with regard to ventilation and hygiene. Although the cell was small (1.7 x 3 m), the two detainees interviewed said that both the latrine and the shower were working. There was a mattress on the floor, which the detainees shared. There were no chairs or any other kind of furniture in the cell. (para. 121)

Generally speaking, the SPT observed a great difference between the physical state of the police facilities as a whole and conditions in the areas set aside for detainees. Most of the police stations visited are housed in municipal buildings in sound condition and the premises are spacious and acceptably clean. The space reserved for staff is not always very large, but it is decent. On the other hand, the areas set aside for detainees are invariably much smaller, dirty, damp, waterlogged, and in evident disrepair. At the same time, on various occasions (for example, at police station No. 9 in Asunción or No. 8 in San Estanislao) the SPT observed that there were areas that were roomy, well ventilated and free of damp which were unused or underused. (para. 122)

Staff at the police stations visited informed the SPT that minors held in detention did not share cells with adults but were held in offices or police station yards. On its visits to police stations, the SPT did not meet with any minors, but some detainees interviewed claimed to have shared a cell with them. (para. 123)

Allegations of torture or other ill-treatment

All the minors interviewed said that they had suffered torture and ill-treatment during arrest and detention in various police stations throughout the region. They all reported that they had been beaten by the police in the street. According to repeated allegations by the minors concerned, police officers generally patrolled the streets in private cars, dressed in civilian clothes. Some of the minors interviewed had been stripped naked and given the "dry submarine" treatment in the first hours of police detention. (para. 137)

 In view of the foregoing, the SPT recommends that:

(a) Police officers should receive clear, categorical and periodic instructions on the absolute and mandatory prohibition of any form of torture and ill-treatment and that such prohibition should be included in such general rules or instructions as are issued in regard to the duties and functions of police personnel;

(b) In accordance with the obligations entered into by the State party under articles 12 and 16 of the Convention against Torture, a prompt and impartial investigation is to be conducted wherever there is reasonable ground to believe that an act of torture or ill-treatment has been committed. Such an investigation shall take place even in the absence of a formal complaint;

(c) All police stations and units in the country should have information available and visible to the public on the prohibition of torture and ill-treatment as well as on how and where to file complaints concerning such acts;

(d) With a view to reducing impunity, police officers who do not wear uniforms when carrying out police duties (in "plain clothes") are obliged to identify themselves by name, surname and rank at the time of arrest and transfer of persons deprived of their liberty. As a general rule, police officers responsible for enforcing deprivation of liberty or who have persons deprived of their liberty under their custody should be identified in the appropriate registers. (para. 144)

The SPT noted that in Pedro Juan Caballero Regional Prison, the children's and women's quarters are separated from the adult men's quarters by a fence. According to the inmates interviewed, neither the adult prisoners nor the prison staff enter these areas.

However, one person pointed out that although he was a minor, he had been held in an area for adults for one month because he had not had an identity card. Moreover, in both prisons visited, the SPT noticed that convicted prisoners were not separated from those held in pretrial detention, who account for approximately 80 per cent of the prison population. (para. 151)

The SPT notes that the failure to separate convicted prisoners from prisoners awaiting trial and adults from children is a violation of article 10 of the International Covenant on Civil and Political Rights and recommends that the Paraguayan authorities should ensure that different categories of prisoners are kept in different institutions or different sectors of the same institution. (para. 152)

The solitary confinement cells at Tacumbú National Prison were in a particularly bad state. There were three cells that were approximately 2.5 m2 by 2.5 m2, one of which had up to five prisoners crammed into it. None of the bathrooms were working properly, and two of them leaked incessantly. The prisoners said that there were rats in them. The stench along with poor ventilation and the heat in the cells made it difficult to breathe. The SPT interviewed the 11 prisoners who were being held in the solitary confinement wing on various grounds, including clashes with other prisoners, disobeying the orders of prison staff, attempted escape and possession of knives or drugs. One of the prisoners had been in solitary confinement for almost three months, yet the prison regulations and the Prisons Act (No. 210/1970) establish the maximum period of solitary confinement as 30 days. All the prisoners interviewed confirmed that prison staff demanded payment of a large sum of money as a condition for leaving the solitary confinement wing. The medical officer should visit prisoners held in solitary confinement every day, on the understanding that such visits should be in the interests of the prisoners' health. Furthermore, prisoners held in solitary confinement for more than 12 hours should have access to fresh air for at least 1 hour each day. (para. 184)

The SPT points out that prolonged solitary confinement may amount to an act of torture and other cruel, inhuman or degrading treatment or punishment and recommends that the State party should severely restrict the use of solitary confinement as punishment for persons deprived of their liberty. Solitary confinement should not be used in the case of minors or the mentally disabled. (para. 185)

Work, cultural and educational activities

The SPT noted that minors detained in the same prison attended two and a half hours of classes a day, had access to fresh air on a daily basis and practised sport once a week. (para. 203)

Allegations of torture and ill-treatment

The SPT heard repeated and consistent accounts from the inmates in the two prisons visited of torture and ill-treatment by prison staff. The information received leads the SPT to conclude that prison staff routinely inflict ill-treatment on prisoners, including when they are asleep, in order to intimidate or punish them, or sometimes for no apparent reason. Only those detainees housed in the sections for women and minors at Pedro Juan Caballero Regional Prison said that they were generally well treated by the prison staff, with the exception of one guard in the minor's section, who occasionally struck the minors with his hand or truncheon by way of punishment, and a female guard in the women's section, who repeatedly insulted the female inmates and threatened them with her truncheon in order to intimidate them, but had so far not carried out her threats. (para. 211)

Additional information provided by the State party

With regard to Pedro Juan Caballero Regional Prison, the special commission issued broadly the same recommendations as for Tacumbú National Prison. With regard to the women and minors detained at Pedro Juan Caballero, the special commission recommended the introduction of educational and recreational activities and separation of the different population groups, adapting their living conditions so that women and teenagers could go outside for as long as they liked, pending their transfer to the new prison. (para. 233)

Read the State party response here.

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UN Committee on the Elimination of Discrimination against Women

Reported: 14 January 2005

Concerns raised:

The sexual harassment in schools of which schoolgirls are the main victims: The Committee identifies this problem as one of the main challenges facing the Ministry of Education and Culture. (paragraph 8)

Domestic violence: The Committee is concerned that the penalty imposed on perpetrators of domestic violence, particularly against children and the elderly, is only a fine. The Committee is also concerned that provisions contained in the Penal Code in relation to domestic violence and sexual abuse inadequately penalise such acts. (Paras. 24, 25)

Child marriage: The committee is concerned that the minimum legal age of marriage is 16 years for both girls and boys. This may prevent girls from continuing their education and lead them to drop out of school early. The Committee encourages the State to raise the minimum age of marriage for girls and boys with a view to bringing it into line with article 1 of the Convention on the Rights of the Child, which defines a child as anyone under the age of 18. (Paras. 26, 27)

Trafficking: The Committee is concerned about the fact that domestic legislation has not been brought into line with the ratified instruments to combat exploitation and trafficking of girls and boys. These issues are not addressed in the Childhood and Adolescence Code. The Committee recommendsthat the State bring its domestic legislation in line with the ratified international instruments and implement and fully fund a national strategy to combat trafficking in women and girls, which should include the prosecution and punishment of offenders. It also urges the State to introduce educational initiatives, social support measures and rehabilitation and reintegration measures for women and girls who have been victims of trafficking. (Paras. 28, 29)

Child Labour: The Committee is concerned that the minimum age for admission to employment is 14. The Committee requests that the State address the situation of girls working in domestic service without remuneration by bringing its legislation and policies into line with its obligations under the International Labour Organisation conventions (No. 138 and No. 182). It also encourages the State to carry out awareness-raising campaigns through the media and public education programmes on the situation of girls performing domestic work. The Committee urges the State party to address the underlying causes for the high incidence of girls working in domestic service. (Paras. 30-31)

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Last reported: 21 October 2011
CEDAW/C/PRY/CO/6

Concerns raised:

Trafficking and exploitation of prostitution: While appreciating the State party’s efforts to address the issue of trafficking in women and girls, the Committee remains concerned about the alarming dimension of trafficking, as a source and transit country, transborder as well as internal. The Committee is further concerned about the lack of a comprehensive law on trafficking which fully complies with article 6 of the Convention. (Para. 22)

Education: The committee is concerned about the high rate of teenage pregnancy which affects the continuation and conclusion of studies by girls. Ut us aksi cincerned about th elack of appropriate disaggregated data and information on reasons for dropping out in relation to pregnancy. The Committee is further concerned about the suspension of the implementation of the Pedagogical Framework for comprehensive education on sexuality (Marco Rector Pedagógico para la Educación Integral para la Sexualidad) which had been elaborated by the Ministry of Education in a participatory manner with the contribution of several institutions, in order to provide comprehensive education to children and to avoid risk behaviours and abuses that persist in society. The Committee is further concerned about the gap in the education of indigenous girls. (Para. 26)

Disadvantaged group of women: The Committee welcomes the efforts by the State party in improving the living conditions of indigenous women, including monolingual Guaraní women. However, the Committee reiterates its concern about the persistence of illiteracy, low school enrolment rates, poor access to health care and significant levels of poverty. The Committee is deeply concerned about the high vulnerability concerning the right to adequate food and to safe drinking water, especially in the Chaco region which has been repeatedly affected by droughts. The Committee is also concerned about indigenous women’s wages which are usually below the national average. (Para. 34)

Early marriage: The Committee reiterates its concern about the minimum legal age of marriage which remains at 16 years for both girls and boys.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/PRY/CO/4-6

4 October 2016

Right to food and water: While welcoming the State party’s efforts to ensure indigenous peoples’ right to adequate food and right to water, the Committee is concerned that there are still significant gaps in the enjoyment of those rights by members of the indigenous population and Afro-Paraguayans with regard to the rest of the population. The Committee recommends that the State party step up its efforts to provide an effective response to the situation of food insecurity and child malnutrition that is especially prevalent among indigenous populations and that it ensure access to a secure supply of drinking water and sanitation services for indigenous peoples and Afro-Paraguayans, especially in remote, rural areas (para s 33, 34).

Access to education: The Committee is concerned by the significant differences in access to education observed mainly among children of indigenous and Afro-Paraguayan populations. It is also concerned by the high rates of illiteracy among the indigenous and Afro-Paraguayan populations. The Committee recommends that the State party step up its efforts to eradicate illiteracy and to ensure the availability, accessibility and quality of education for indigenous and Afro-Paraguayan children, including in their mother tongue, through the formulation of cross-cultural curricula that seek to promote and preserve the cultural identity of indigenous peoples and Afro-Paraguayans. It also recommends that the State party continue its efforts to open schools in remote rural areas, which are home to higher concentrations of indigenous residents, and to enhance the quality and infrastructure of those schools (paras 37, 38).

Ratification of other treaties: Bearing in mind the indivisibility of the body of all human rights, the Committee urges the State party to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure; as well as the 2013 Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance and the 2013 Inter-American Convention against All Forms of Discrimination and Intolerance (para 45).

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CERD/C/PRY/CO/1-3

Last reported: 10 & 11 August 2011
Concluding Observations adopted: 26 August 2011

Unregistered children: The Committee is concerned about the number of children belonging to vulnerable groups who are not registered or lack identify documents and who do not enjoy basic services relating to health, nutrition, education and cultural activities (5 (d) and (e)).

The Committee recommends that the State party take necessary measures to ensure that all children in its territory are registered, in particular in localities where indigenous peoples live, protecting and respecting their culture, and guarantee the necessary services for their intellectual and physical development. (Para. 13)

Bilingual education: The Committee notes with interest the constitutional obligation of the State part to promote the guaraní language which is one of its official languages, as well as those of other indigenous peoples and minorities and to undertake intercultural bilingual education. However, it expresses concern about the insufficient implemenation of the Law of Languages no. 425/10 and the lack of information with respect to access to education in the mother tongue (art. 5 (a) and (e) (v)).

The Committee recommends that the State part implement without delay the Law of Languages no. 425/10 by developing a concrete plan and an adequate budget, especially in relation to the use of both official languages equitably, including in areas of education and professional training in the administration of justice. It also recommends that the State party take into consideration opinion No. 1 (2000) of the expert mechanism on the rights of indigenous peoples to education in their efforts to cultivate and strengthen indigenous languages and those of other minorities. (Para. 19)

 
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UN Committee on the Elimination of Racial Discrimination: Early warning

May 2010

The Committee sent a letter to Paraguay requesting detailed information about the situation of two indigenous groups who had been forcibly evicted from their land. The Inter-American Court of Human Rights had ruled that they must be allowed to return within three years and in the meantime provide with clean water, food and health-care. This has still not been done. The Committee urges Paraguay to send this information by 31 July 2010.

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UN Committee on Migrant Workers

Concluding Observations published: 28 September 2011

CMW/C/ARG/CO/1 

Concerns raised:

Discrimination. The Committee takes notes of the information provided by the State party concerning the investigation, by INADI, of complaints about discrimination against migrants. In this connection, it is concerned at reports about discriminatory attitudes towards migrants from African and neighbouring countries, particularly Senegal, the Plurinational State of Bolivia and Paraguay, media coverage associating migrants with criminal acts and abuse of social benefits, xenophobic statements by politicians, and discrimination against migrant children at school. (Para 17)

Education: While noting that articles 7 and 8 of the Migration Law guarantee the right of free access to all levels of education and to health services for migrant workers and members of their families, irrespective of their status, and require school and health authorities to provide guidance and counselling to migrants on the procedures for regularising their situation, the Committee is concerned that, in practice, migrant children are often denied school enrolment, and migrants are denied access to health facilities, if they lack a national identity document (DNI).

The Committee recommends that the State party continue and scale up its training for school and health administration officials on the rights of migrant workers and members of their families, including those in an irregular situation, in relation to education and health under the Convention and the Migration Law, on possible ways to establish the identity of migrants through documents other than the DNI, and on the procedures for regularising their situation (Paras. 27 and 28).

Allowances for children: While welcoming the introduction of a universal allowance for children from poor families through Decree No. 1602/2009, the Committee notes with concern that for migrant families to be eligible, both the parents and the child must have legally resided in the State party for at least three years, unless the child is an Argentine national, in which case the residence requirement still applies to the parents, who must prove the legality of their residence by presenting their DNI for foreigners (Para. 29).

Trafficking: The Committee notes with concern that the State party is a country of destination for migrants, in particular women and children, trafficked for sexual and labour exploitation. While noting the State party's efforts to combat trafficking in persons and provide assistance to victims, including legal, medical, psychological and social assistance and shelter, through the Office for the Rescue and Assistance of Victims of Trafficking and, once victims have testified in judicial proceedings, through the National Secretariat for Children, Adolescents and the Family within the Ministry of Social Development. (Para. 31)

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/PRY/CO/1

Last Reported: 15 and 16 April 2013                                                                     Concluding Observations issued: 15 May 2013

Issues raised and recommendations given:

Women and girls with disabilities: The Committee notes the adoption of the third National Plan for Equal Opportunities for Women and Men 2008–2017, which includes women with disabilities as a cross-cutting theme. The Committee is nevertheless concerned that the actions set forth in the Plan make no reference to structural factors that prevent women with disabilities from exercising their rights. The Committee is concerned at the lack of information on the risks of violence to women, including forced sterilization, sexual and economic exploitation, and abuse and trafficking in persons.

The Committee recommends that the State party institute as a matter of urgency effective measures to identify, prevent and provide protection from the multiple discrimination suffered by women and girls with disabilities, in particular women and girls with intellectual and psychosocial disabilities and hearing impairments. The Committee also recommends the establishment of accessible care centres for women and girls who are victims of these forms of violence in urban and rural areas, in consultation with organizations representing women with disabilities. (art. 6) (Paras. 17-18)

Children with disabilities: The Committee notes with concern that the National Programme of Comprehensive Care for Children and Adolescents with Disabilities is limited solely to the prevention and early detection of disability characteristic of the medical model, and does not take account of the full range of rights recognized to children with disabilities. The Committee is also concerned that the resources for implementation of a public policy on inclusion of children with disabilities are inadequate. The Committee regrets the lack of information on children with disabilities who are at risk of ill-treatment and abuse, including indigenous children with disabilities.

The Committee urges the State party to allocate sufficient resources as required to implement a broad policy on inclusion of children with disabilities in all areas of life, including family life and community life, by developing inclusive community-based rehabilitation programmes for children with disabilities as recommended by the Committee on the Rights of the Child in its concluding observations on the third periodic report of Paraguay (CRC/C/PRY/CO/3, para. 49). The Committee also asks the State party to investigate and document the situation of children with disabilities in rural areas and indigenous communities, with a view to providing protection from abuse and ill-treatment. (art. 7) (Paras. 19-20)

Deprivation of liberty on grounds of disability: The Committee notes with concern that the State party is adopting measures on the deprivation of liberty on grounds of disability, such as committal of children, women and men with disabilities to homes or psychiatric hospitals without free and informed consent and for lengthy periods of time. Specifically, the Committee is concerned at the measures the State party is adopting to reinforce the model of deprivation of liberty on grounds of disability, as in the Albino Luis and Pequeño Cotolengo homes.

The Committee urges the State party to revise its procedures on committal on grounds of disability in order to ensure that persons with disabilities who are subject to those procedures are able to fully exercise their legal capacity as provided in the Convention. It also urges the State party to institute a broad strategy, including a programme to provide support in decision-making, for the inclusion of homeless persons with disabilities in the community, particularly those with intellectual or psychosocial disabilities. (art. 14) (Paras. 35-36)

Registration: The Committee is concerned that children with disabilities are not registered in the State party and that there are as yet no concrete measures to encourage the registration of children with disabilities, particularly in rural areas. The Committee urges the State party to set up a programme on the civil registration of children with disabilities at birth, on an equal footing with other children, and decentralize registry procedures and ensure that they can be carried out simply, quickly and free of charge. (art. 18) (Paras. 45-46)

Social integration: The Committee regrets that the State party has still made no significant progress on a mental health policy that includes measures to deinstitutionalize persons with disabilities who are currently housed in psychiatric hospitals, institutions for children with disabilities and shelters for homeless persons, particularly children, with disabilities. The Committee asks the State party to implement a policy to gradually deinstitutionalize persons with disabilities, with clear time frames and benchmarks, and which includes the setting up of community services, including rights-based mental health services. (art. 19) (Paras. 47-48)

Respect for home and the family: The Committee is concerned at the State party’s expansion of its schemes for homes for children with disabilities, undermining their right to live in a family. The Committee urges the State party to adopt measures to encourage foster families and to provide financial support to low-income families with children with disabilities to enable the children to live with their families and be active members of the community. The Committee also urges the State party to guarantee equality of treatment for children with disabilities in the Family Placement Programme for Children and Adolescents requiring Protection and Support, and to revise the draft rules on subsidies to foster families and residential care institutions and bring them into line with the provisions of article 23 of the Convention. (art. 23) (Paras. 55-56)

Education: The Committee is concerned at the low numbers of children with disabilities enrolled in school (less than 1 per cent) and at the fact that most of those schools are special schools, and at the persistent use of terminology drawn from the medical model of disability when assessing educational standards. It also regrets the lack of information on enrolment rates in urban and rural areas and on whether education is ethnically and linguistically relevant.

The Committee recommends that the State party implement a strategy to give all children and adolescents with disabilities access to the national education system and that education should be inclusive at all levels and throughout the country and incorporate the gender perspective and be ethnically and linguistically relevant. The Committee urges the State party to modify educational terminology drawn from the medical model and to reorient segregated special education towards the inclusive model and encourage it to move in that direction. (art. 24) (Paras. 57-58)

Standard of living: The Committee notes the introduction of a disability voucher. It is nevertheless concerned at the fact that, though it is non-contributory, the amount of the voucher is not consistent with the right to an adequate standard of living for persons with disabilities. The Committee is also concerned at the inadequacy of measures to compensate persons with disabilities and their families, whose income is reduced because of their disability; it is also concerned at the lack of policies on access to housing and development.

The Committee recommends that the State party adopt a public policy on development that includes gender-sensitive strategies specifically aimed at reducing poverty and providing access to development for persons with disabilities and their families, including guarantees of decent housing on an equal footing with others, and paying particular attention to persons living in rural areas. (art. 28) (Paras. 67-68)

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UN Committee on Enforced Disappearance

CED/C/PRY/CO/1

Adopted by the Committee: 16-17 September 2014

Published by the Committee: 20 October 2014

Issues raised:

The right to receive reparation and prompt, fair and adequate compensation:

The Committee is concerned to note that no provision is made in the State party’s legal order for a comprehensive system of reparation which fully meets the requirements of article 24, paragraphs 4 and 5, of the Convention and is applicable to all cases of enforced disappearance regardless of when they occurred. At the same time, while it takes note of the measures of reparation adopted thus far in relationto human rights violations committed between 1954 and 1989, including enforced disappearances, the Committee is concerned by reports concerning the difficulties encountered by enforced disappearance victims when seeking to exercise their right to full reparation (art. 24) (para.25).

The Committee recommends that the State party adopt the necessary legislative or other measures to guarantee the right to reparation and to prompt, fair and adequate compensation of all persons who have suffered direct harm as a result of an enforced disappearance, regardless of when it was perpetrated. To this effect, it recommends that the State party: Adopt the necessary legislative measures to establish a comprehensive, gender-sensitive system of reparation that is fullyin line with article 24, paragraphs 4 and 5, of the Convention; and intensify its efforts and adopt the necessary measures to ensure that all persons who have suffered direct harm as a result of an enforced disappearance committed between 1954 and 1989 may exercise their right to receive full reparation, including medical and psychological rehabilitation, in accordance with the terms of article 24, paragraphs 4 and 5, of the Convention and are not subject to requirements that could hinder the full exercise of that right (para.26).

Legislation concerning the removal of children:

The Committee notes with concern that the State party’s criminal laws do not include provisions which specifically penalize conduct relating to the removal of children  referred to in article 25, paragraph 1, of the Convention (art. 25) (para.31).

The Committee recommends that the State party adopt the necessary legislative measures to make the actions described in article 25, paragraph 1, of the Convention specific offences and that it establish penalties for such actions that are commensurate with their extreme gravity (para.32).

 

Countries

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