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Summary: The violations highlighted are those issues raised with the State by more than one international human rights 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:
The recruitment of children for military service (However, Paraguay has now set a minimum age of 18 on recruitment into the armed forces following a decision by the Inter-American Court of Human Rights.) Human Rights Committee Last reported: 19 and 20 October 2005 Concluding Observations adopted: 28 October 2005 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. (paragraph 14) Inter-American Commission and Court See Vargas Areco v. Paraguay (September 26, 2006) Rapporteur on the Rights of the Child of the Inter-American Commission on Human Rights Mr Paulo Sergio Pinheiro Report published: 9 March 2001 The Commission received information indicating that a large number of children under 18 years of age are performing military service in Paraguay, expressly contradicting Paraguayan laws that prohibit recruitment of children under 18 years of age.[22] Even though the law provides that in exceptional circumstances the age for military service can be brought forward, for justified causes and with parents' consent, this exception is not unusual, becoming practically a rule. It is noted, in relation to the recruitment of children for compulsory military service, that in many cases recruitment following intimidation of the parents whose sons have a "good physique" for military service. In April 2000, the Committee on Human Rights of the Chamber of Deputies, chaired by deputy Sonia de León, along with the Movement for Conscientious Objection, publicly denounced the psychological coercion used by the Armed Forces for purposes of recruitment in the city of Concepción. In addition, there have been several deaths of soldiers who are minors in conditions that have not been clarified by the military or civilian courts. On March 14, 1996, a complaint was lodged with the Commission for the death of a 15-year-old soldier who was recruited from his home before the minimum age necessary for military service. According to the complaint, the youth was declared apt for military service, and was then subjected to excessive physical exercise inappropriate for his physical condition; and he was the victim of severe blows that caused his death. The internal investigations led nowhere. During the processing of this case before the Commission, meetings have been held between the petitioners and representatives of the State in which agreements have been reached that are being followed up on by the Commission. (paragraphs 37-39) Juvenile justice: violence in prisons and the fact that children are not always separated from adults in detention centres UN Special Rapporteur on torture and inhuman or degrading treatment or punishment Mr Manfred Nowak Country visit: 22-29 November 2006 Report published: 1 October 2007 The report contains a study of the legal and factual aspects of the situation of torture and ill-treatment, and conditions of detention in the country. The Special Rapporteur concludes that the situation of torture and ill-treatment in prisons and military detention facilities has improved in recent years. However, the situation of detainees in police custody is of serious concern. Torture is still widely practised during the first days of police custody. Subcommittee on the Prevention of Torture Country visit: 10-16 March 2009 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. 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. (paragraphs 151 and 152) The high rate of maternal and infant mortality caused by clandestine abortions UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee is concerned at the limited enjoyment of rights by indigenous children, in particular their limited access to education and health, their disproportionately high malnutrition rate and their infant and maternal mortality rates. (paragraph 79) UN Human Rights Committee Last reported: 19 and 20 October 2005 Concluding Observations adopted: 28 October 2005 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. (paragraph 10) UN Committee on Economic, Social and Cultural Rights Last reported: 13 and 14 November 2007 Concluding Observations adopted: 21 November 2007 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. (paragraph 21) The Committee strongly encourages the State party to take the necessary legislative steps UN Special Rapporteur on the sale of children, child prostitution and child pornography Mr Juan Miguel Petit Report published: 9 December 2004 The level of sexual abuse helps explain the large number of early pregnancies, many of which result from relationships with members or friends of the family. Since attempted illegal abortions are one of the main causes of maternal deaths, the serious consequences of violence against girls and women [has] become even more apparent." (paragraph 27) UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the strategy to address the situation of children in the street but is concerned at the high number of children living or working in the street, constantly exposed to violence, sexual exploitation, discrimination and police brutality. (paragraph 68) Inter-American Commission on Human Rights Mr Paulo Sergio Pinheiro Report published: 9 March 2001 While there are no precise statistics, it is estimated that in Greater Asunción, some 15,000 children, boys and girls, work in the streets in various occupations, ranging from beggar to street vendor. In addition to the children who work in the streets, there are some 200 children who live in the streets, and have nowhere to go to sleep at night. One sector at special risk, and which has grown at an alarming pace in recent years, are the persons referred to as "street babies." These babies, ranging in age from newborn to two years, are carried by other children who stay with them or by their mothers at work, or simply begging for alms. (paragraphs 21 and 22) As a result of the foregoing analysis, the Commission recommends to the Paraguayan State that it: 4. Foster public policies aimed at ensuring that there are no street children living in the street (paragraph 49) The high number of child workers, particularly those working in domestic service, known as the "criadazgo" system UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee is gravely concerned on information received on the persistence of the practice known as criadazgo and on the fact that it has not been defined as an offence by law yet. The Committee recommends the State party to continue to eliminate the practice of criadazgo. In this regard, the Committee recommends that the State party: UN Human Rights Committee Last reported: 19 and 20 October 2005 Concluding Observations adopted: 28 October 2005 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. (paragraph 14) The Committee urges the State to take steps to ensure respect for children's rights, including to eradicate child labour. (paragraph 21) UN Committee on Economic, Social and Cultural Rights Last reported: 12 and 14 November 2007 Concluding Observations adopted: 21 November 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. (paragraph 12) UN Committee on the Elimination of Discrimination against Women Last reported: 14 January 2003 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. (paragraphs 30 and 31) Special Rapporteur on the sale of children, child prostitution and child pornography Mr Juan Miguel Petit Report published: 9 December 2004 Child labour is a serious problem in Paraguay. Working children accounted for 21 per cent of all children in 2001, with 242,000 children between the ages of 10 and 17 working. Their main occupation was farm work (40.8 per cent of them were doing this). Although child labour is one of the causes of school drop-out and poor attendance (4 out of 10 working children do not go to school), and despite the way it impoverishes working children, culturally speaking, child labour is seen as a positive thing and as part of the country's tradition. Moreover, basic education is not free in practice. The cost of school uniforms, writing materials, transport and so on forces many children to work so that they can study. One group of NGOs opposed the ratification of the ILO Convention concerning Minimum Age for Admission to Employment (No. 138). The Special Rapporteur met two representatives of a youth movement that defends children's right to work as a way out of poverty. He respects the view of these working children and their right to express their opinion and take an active part in the debate on social issues that affect them. However, he notes that Convention No. 138 is based on the premise that the progressive elimination of child labour is a prerequisite for the full realisation of the rights of the child. (paragraphs 33 and 34) UN Special Rapporteur on the Right to Education Mr Vernor Muñoz Country visit: 14-22 April 2009 Report published: 16 March 2010 There are nearly 300,000 working children in Paraguay, including babies who spend their days on the street, and thousands of girls who cannot study because they have to do domestic chores at home, in some cases for up to seven hours a day. The Special Rapporteur visited several schools where every single child worked before or after school. Efforts to combat poverty and promote education must therefore include coherent, persistent and tough policies and initiatives to root out child labour. (paragraph 39) Trafficking of women and children for the purpose of sexual exploitation UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee notes with appreciation the measures adopted by the State party to combat trafficking of children. However, it is concerned that Paraguay continues to be a source and destination country for women and children victims of trafficking for the purposes of sexual exploitation and forced labour. (paragraph 72) UN Human Rights Committee Last reported: 19 and 20 October 2005 Concluding observations adopted: 28 October 2005 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. (paragraph 13) UN Committee on the Elimination of Discrimination against Women Last reported: 14 January 2005 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 recommends that 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. (paragraphs 28 and 29) UN Special Rapporteur on the sale of children, child prostitution and child pornography Mr Juan Miguel Petit Report published 9 December 2004 The Criminal Code penalises a number of offences related to sexual exploitation: trafficking in persons, trafficking in minors, sexual abuse of children and wards, statutory rape, procurement, living off immoral earnings and sexual molestation. However, the penalties for these offences are light: for example, the Code provides for a penalty of up to five years' imprisonment or a fine for procurement. (paragraph 51) The high number of unregistered children UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the efforts undertaken by the State party to promote timely birth registration, including the new campaign for universal birth registration carried out through schools. However, it is concerned at the large amount of underreporting of births of children and at the difficulties for some children, particularly indigenous children and children living in rural areas, to have access to birth registration services for several reasons, including a lack of knowledge on the process itself. In light of article 7 of the Convention and in line with its previous recommendations, the Committee recommends that the State party take all necessary measures to ensure registration of all children, paying particular attention to indigenous children and children living in rural areas. It urges the State party to provide decentralised registration offices and units with the necessary human, material and financial resources and strengthen its awareness-raising activities in all communities on the importance of birth registration for all boys and girls. Furthermore, the Committee recommends that the State party ensure that unregistered children are not deprived of their rights, notably to health and education. (paragraphs 33 and 34) UN Human Rights Committee Last reported: 19 and 20 October 2005 Concluding Observations adopted: 28 October 2005 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. (paragraph 22) UN Special Rapporteur on the sale of children, child prostitution and child pornography Mr Juan Miguel Petit Report published: 9 December 2004 Possession of an identity is a fundamental requirement for the enjoyment of human rights. The Special Rapporteur urges the Government to take the necessary steps to ensure that all Paraguayans have a birth certificate and that registry offices provide a reliable free service. In particular, the Special Rapporteur recommends that: Discrimination against children from indigenous communities UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee is concerned at the limited enjoyment of rights by indigenous children, in particular their limited access to education and health, their disproportionately high malnutrition rate and their infant and maternal mortality rates. It is particularly concerned about the very high number of working children among indigenous children. The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention. In this regard, the Committee refers the State party to its general comment no. 11 on Indigenous Children and their rights under the Convention (CRC/C/GC/11) and to the recommendations issued by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, contained in his report A/HRC/11/11. UN Special Rapporteur on the Right to Education Mr Vernor Muñoz Country visit: 14-22 April 2009 Report published: 16 March 2010 Recommendations: [Government frankness on challenges in education] should be seen, not as an expression of contrition, but as a statement of principle, which should now be matched by concrete action in many areas of education, such as the literacy campaign; the establishment of departments of inclusive education and indigenous education; the reinforcing of bodies to promote equality of educational opportunity for women and the improvement of resources for very young children and adolescents; the creation of a unit for social monitoring and social policy; and above all the revival of the Social Cabinet, which is vital for the coordination of education policy with other sectors. (paragraph 73) Inter-American Court of Human Rights See Yakye Axa Indigenous Community V Paraguay (17 June 2005) and The Sawhoyamaxa Indigenous Community v. Paraguay (29 March 2006) Discrimination against girls in the education system UN Committee on Economic, Social and Cultural Rights Last reported: 113 and 14 November 2007 Concluding Observations adopted: 21 November 2007 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. (paragraph 24) UN Committee on the Elimination of Discrimination against Women Last reported: 14 January 2005 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) That the minimum age for marriage (16) is too low UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee expresses concern at the low legal minimum age for contracting marriage which 16 years, but can be in certain cases lowered to 14. The Committee recommends that the State party set the minimum age for marriage for girls and for boys at 18. (paragraphs 22 and 23) UN Committee on the Elimination of Discrimination against Women Last reported 14 January 2005 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. (paragraphs 26 and 27) UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the initiatives carried out by the State party to raise awareness on domestic violence against children. However, the Committee is seriously concerned at reported cases of violence, abuse, including sexual abuse, and neglect of children in the State party, and at the lack of studies on prevalence and of effective measures to combat this problem, especially when it occurs within the family, as well as effective remedies for the victims. (paragraph 46) UN Committee on the Elimination of Discrimination against Women Last reported: 14 January 2005 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. (paragraphs 24 and 25) UN Special Rapporteur on the sale of children, child prostitution and child pornography Mr Juan Miguel Petit Report published: 9 December 2004 The level of sexual abuse and domestic violence against children, especially girls, and women is alarming. The Itapúa Secretariat for Women dealt with 1,200 cases of violence against women in 2003. Four or five cases a week are reported to the Amambay Secretariat for Women. In Ciudad del Este there are about 15 cases of abuse, domestic violence or ill-treatment a day. In Presidente Franco, there are between two and five reports of abuse a week. Notwithstanding the high number of complaints, many more cases are thought to go unreported. Some research in primary schools shows that 10 per cent of children say they have suffered some form of ill-treatment in the home, school or community.3 The President of the Supreme Court has said that there is still "a culture of accepting sexual abuse and domestic violence". And according to the justice of the peace in Los Cedrales, "Paraguayan women's devotion to marriage is such that they will bear the unbearable until they die, so that for them to dare to file a complaint means that life must be hell for them". The level of sexual abuse helps explain the large number of early pregnancies, many of which result from relationships with members or friends of the family. Since attempted illegal abortions are one of the main causes of maternal deaths, the serious consequences of violence against girls and women become even more apparent. The Special Rapporteur is also concerned at the high incidence of cases of abuse and domestic violence aimed at disabled children. (paragraphs 25-28) UN Committee on the Rights of the Child (Concluding Observations, January 2010) The Committee welcomes the initiatives carried out by the State party to raise awareness on domestic violence against children. However, the Committee is seriously concerned at reported cases of violence, abuse, including sexual abuse, and neglect of children in the State party, and at the lack of studies on prevalence and of effective measures to combat this problem, especially when it occurs within the family, as well as effective remedies for the victims. (paragraph 46) UN Committee on the Elimination of Discrimination against Women Last reported: 14 January 2005 Concerns 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. (paragraphs 24 and 25) UN Special Rapporteur on the sale of children, child prostitution and child pornography Mr Juan Miguel Petit Report published: 9 December 2004 The level of sexual abuse and domestic violence against children, especially girls, and women is alarming. The Itapúa Secretariat for Women dealt with 1,200 cases of violence against women in 2003. Four or five cases a week are reported to the Amambay Secretariat for Women. In Ciudad del Este there are about 15 cases of abuse, domestic violence or ill-treatment a day. In Presidente Franco, there are between two and five reports of abuse a week. Notwithstanding the high number of complaints, many more cases are thought to go unreported. Some research in primary schools shows that 10 per cent of children say they have suffered some form of ill-treatment in the home, school or community.3 The President of the Supreme Court has said that there is still "a culture of accepting sexual abuse and domestic violence". And according to the justice of the peace in Los Cedrales, "Paraguayan women's devotion to marriage is such that they will bear the unbearable until they die, so that for them to dare to file a complaint means that life must be hell for them". The level of sexual abuse helps explain the large number of early pregnancies, many of which result from relationships with members or friends of the family. Since attempted illegal abortions are one of the main causes of maternal deaths, the serious consequences of violence against girls and women become even more apparent. The Special Rapporteur is also concerned at the high incidence of cases of abuse and domestic violence aimed at disabled children. (paragraphs 25-28) The use of toxic agro-chemicals that have led to deaths and illness UN Committee on the Rights of the Child (Concluding Observations, January 2010) While welcoming the initiatives carried out by the State party to provide access to health services free of costs for all children, the Committee is concerned that many children, such as children living in rural areas and children living in extreme poverty, face difficulties to have effective access to health services or do not have access at all, due to an insufficient budget. The Committee is also concerned at the negative consequences of agro-toxic fumigation faced by peasant families and particularly, for children living in rural areas. (paragraph 50) UN Committee on Economic, Social and Cultural Rights Last reported: 13 and 14 November 2007 Concluding Observations adopted: 21 November 2007 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. (paragraph 16) UN Special Rapporteur on the adverse effects of toxic and dangerous products and human rights Mrs Fatma-Zohra Ksentini Country visit: 14-19 June 1998 Report published: 11 January 1999 In Paraguay the Special Rapporteur met various Paraguayan authorities in order to determine the nature and cause of the issue which had been brought to her attention, record any cases in which the life or health of persons had been placed in jeopardy, discuss possibilities of strengthening Paraguay's capacity to combat the illicit dumping of toxic or dangerous products or wastes and, lastly, consider means of disposing of the products stored in the river port of the capital, Asunción. Sexual and reproductive health education is inadequate UN Committee on the Rights of the Child (Concluding Observations, January 2010) While welcoming the National Plan on Health for Adolescents and the National Plan on Reproductive and Sexual health, as well as the initiatives undertaken by the State party to improve adolescent health, the Committee regrets the lack of information on the assessment of these Plans and it is concerned at the high number of teenage pregnancies, sexually transmitted infections and the high incidence of drugs and alcohol abuse among adolescents in the State party. (paragraph 52) UN Special Rapporteur on the Right to Education (Concluding Observations, January 2010) Mr Vernor Muñoz Country visit: 14-22 April 2009 Report published: 16 March 2010 The Special Rapporteur emphasises the need to formulate and apply a new approach to education based on knowledge and experience of human rights. In that context, the Special Rapporteur notes that it is necessary to include the gender perspective in educational policies so that sex education programmes can be provided as part of the curriculum. This is important because of the high maternal mortality rates and the incidence of sexual and gender-based violence against women, younger girls and teenage girls in order to build human relations based on respect for all. (paragraph 69) In light of these conclusions, the Special Rapporteur recommends that the Governmnet of Paraguay should:
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. (paragraph 32)