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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ____________________________________________________________________ Discrimination against women and their children with regards to nationality UN Committee on the Rights of the Child (Concluding Observations, October 2009) The Committee regrets that no sufficient follow-up has been given to its recommendation on the right to acquire a nationality in the previous concluding observations (CRC/C/15/Add.163, paragraph 41) and it reiterates its concern that the Nationality Act does not confer de jure citizenship to children of Qatari women married to non-nationals, as it does where the father is Qatari. In accordance with articles 2 and 7 of the Convention, the Committee urges the State party to critically review its Nationality Act in order to ensure that nationality can be transmitted to children through both the maternal and paternal line without distinction. (Paragraphs 33 and 34) UN Committee on the Elimination of Racial Discrimination The Committee notes with concern the discriminatory provision of the law on nationality, which prevents Qatari women who are married to non-citizens from transmitting Qatari nationality to their children, which has the potential to lead to stateless status of children. (Art 5). Recalling its General Recommendation 30 (2005) on discrimination against non- citizens and especially its paragraph 16 on reducing statelessness and in particular among children, the Committee recommends that the State party revise its nationality laws to allow Qatari women to transmit their citizenship to their children without discrimination. (Paragraph 16) Universal Periodic Review (February 2010) R - 3. To review its reservations to the Convention on the Elimination of All Forms of Discrimination against Women with a view to withdrawing them, especially the reservation to the right of a child to obtain Qatari nationality from a Qatari women married to a foreign man (Netherlands); (rejected) ____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2009) The Committee appreciates the efforts undertaken by the State party to prohibit the use of child labour in the formal sector but it regrets the limited information on child labour in the informal sector, for example, small family businesses. In accordance with article 32 of the Convention, the Committee recommends that the State party continue to take effective measures to prohibit the economic exploitation of children, in particular in the informal sector by designing special programmes aimed at combating child labour. It recommends that the State party strengthen the labour inspectorate to monitor the extent of child labour, including unregulated work. In this regard, the Committee encourages the State party to seek technical assistance from ILO and UNICEF. (Paragraphs 62 and 63) UN Special Rapporteur on trafficking in persons The Special Rapporteur particularly welcomes the enactment of Law No. 22 of 2005 on Children and Camel Races, which prohibits the recruitment, employment, training and participation of children below 18 in camel racing. Violation of this law is punished with 3 to 10 years’ imprisonment and a fine of 50,000 to 200,000 Riyals. It further vests the Labour Directorate with a quasi-judicial role in investigating and bringing to justice individuals who are in violation of this legislation. Moreover, an Inter-Governmental Committee was established to follow up on the implementation of this law. The Committee carries out visits to camel racing courses and makes reports on these visits. The Special Rapporteur nevertheless remains concerned about reports that despite repatriation of a large number of children, some were retained as farm workers living in difficult conditions. She would therefore appreciate receiving information on the status of all the concerned children. (Paragraph 42) Universal Periodic Review (February 2010) A - 26. To continue efforts to prohibit the use of child labour (Bosnia and Herzegovina); (accepted) ____________________________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, October 2009) While noting the progress achieved in the domain of juvenile justice, the Committee reiterates its previous concern that the minimum age of criminal responsibility, still set at seven years remains far too low. The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). In particular, the Committee recommends that the State party, while taking into account the Committee’s general comment No. 10 on the administration of juvenile justice (CRC/C/GC/10, 2007): a) Raise the age of criminal responsibility to a minimum of 12 years, as a matter of urgency, with the view to raising the age further in accordance with the Committee’s general comment No. 10; (Paragraphs 69 and 70) Universal Periodic Review (February 2010) A - 39. To consider raising the minimum age of criminal responsibility (Brazil); (accepted) R - 16. To increase the age of criminal responsibility to a minimum of 12 years, in line with recommendations of the Committee on the Rights of the Child (Chile); (accepted) ____________________________________________________________________ Inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, October 2009) While noting the progress achieved in the domain of juvenile justice, the Committeereiterates its previous concern that the minimum age of criminal responsibility, still set at seven years remains far too low. The Committee is also concerned that the right of the child to be heard in criminal proceedings may not always be observed. It is further concerned that children between the ages of 16 and 18 may be treated as adults. The Committee urges the State party to ensure that juvenile justice standards are fully implemented, in particular articles 37 (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules). In particular, the Committee recommends that the State party, while taking into account the Committee’s general comment No. 10 on the administration of juvenile justice (CRC/C/GC/10, 2007): a)Raise the age of criminal responsibility to a minimum of 12 years, as a matter of urgency, with the view to raising the age further in accordance with the Committee’s general comment No. 10; b)Provide children, both victims and accused, with adequate legal assistance throughout the legal proceedings and ensure that children are held separately from adults both in pre-trial detention and after being sentenced; c)Take all necessary measures, including strengthening the policy of alternative sanctions for juvenile offenders, to ensure that children are held in detention only as a last resort and for as short a time as possible; d)Ensure that children between the ages of 16 and 18 are afforded the same protection as other children; e)Strengthen training programmes on relevant international standards for all professionals working with the juvenile justice system such as judges, police officers, defence lawyers and prosecutors; and f)Seek technical assistance and other cooperation from the United Nations Interagency Panel on Juvenile Justice which includes UNODC, UNICEF, OHCHR and NGOs. (Paragraphs 69 and 70) Universal Periodic Review (February 2010) A - 40. To elaborate a national plan of action on children's rights in the juvenile justice system (Kazakhstan); (accepted) ____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2009) While noting that measures are being taken to address corporal punishment in the context of disciplinary measures in schools and in the penal system, the Committee expresses concern that corporal punishment of children is still lawful in the family and alternative care settings. The Committee urges the State party: a) To critically review its current legislation with a view to prevent and end the use of corporal punishment of children as a method of discipline and to introduce explicit legislation prohibiting all forms of corporal punishment of children in all settings, including in the family, schools, penal system and alternative care settings; b) To introduce public education, awareness-raising and social mobilisation campaigns on alternative non-violent forms of discipline with the involvement of children in order to change public attitudes to corporal punishment; and c) To take into account while drafting legislation and designing policies the Committee’s General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8). (Paragraphs 39 and 40) Universal Periodic Review (February 2010) A - 14. To prohibit all forms of corporal punishment against children, both boys and girls (Chile); (accepted) 85. A - 7. To include in its national legislation the concept of torture as defined in article 1 of the Convention against Torture, and to enact legislation to abolish all types of corporal punishment and other forms of cruel, inhumane or degrading treatment (Mexico); (accepted) R - 10. To consider abolishing the death penalty and corporal punishment, in particular against children (Brazil); (rejected) ____________________________________________________________________ Violence against children, including domestic violence UN Committee on the Rights of the Child (Concluding Observations, October 2009) The Committee appreciates the work carried out by the Qatari Foundation for the Protection of Children and Women with regard to children in need of assistance, including through the establishment of a Qatari “safe house” offering protection, care, rehabilitation and treatment for child victims of abuse. The Committee also notes that the Foundation has formulated a comprehensive training strategy targeting personnel who deal with children and women subjected to abuse. However, the Committee is concerned at the limited information on the magnitude of domestic violence, including child abuse and neglect. The Committee recommends that the State Party: a) Strengthen public education programmes, including awareness campaigns and provide information, parental guidance and counselling with a view, inter alia, to prevent child abuse and neglect; b) Ensure that professionals working with children (including teachers, social workers, medical professionals, members of the police and the judiciary) receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children; and c) Strengthen support for victims of abuse and neglect in order to ensure their access to adequate services for physical and psychological recovery and social reintegration. (Paragraphs 48 and 49) Universal Periodic Review (February 2010) A - 27. To continue its support for the foundations that provide services to women and children victims of abuse and violence (Islamic Republic of Iran); (accepted) A - 28. To take measures to strengthen and guarantee the effective implementation of legal measures against domestic violence, sexual abuse and the exploitation of women and children (Mexico); (accepted) ____________________________________________________________________ Inadequate services for children with disabilities UN Committee on the Rights of the Child (Concluding Observations, October 2009) The Committee commends the State party for the efforts made to ensure that the rights of children with disabilities are observed, particularly in the area of health and education including through the establishment of various institutions offering treatment, training, social and advisory services. The Committee also appreciates the study conducted by the Supreme Council for Family Affairs in order to assess the quality of services offered to children with disabilities. However, the Committee is of the view that access to quality education, health and leisure for children with disabilities needs further strengthening. In light of the United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party: a)Continue to collect adequate statistical data on children with disabilities and use disaggregated data and results of studies to develop policies and programmes to promote equal opportunities for them in society, paying particular attention to girls with disabilities and children with disabilities living outside the city; b)Continue to develop measures for early detection of children with disabilities or at risk of disability, such as testing, and other tools and methods of assessment; and c)Provide all children with disabilities with access to adequate social and health services, quality education, the physical environment, information and communication, and strengthen its efforts to standardise the service provision. Universal Periodic Review (February 2010) A - 46. To continue its efforts and dedication to ensure education enrolment for all categories of society (Algeria); (accepted) ____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2009) The Committee notes the steps undertaken by the State party in combating human trafficking, including through the establishment of the National Office to Combat Human Trafficking in 2005, and the Qatari Shelter and Humanitarian Welfare Home. The Committee reiterates its concerns raised in the concluding observations CRC/OPSC/QAT/CO/1, especially paragraphs 14 and 21, following the consideration of the initial report to the CRC on sale of children, child prostitution and child pornography in June 2006. In light of article 35 and other related articles of the Convention, the Committee recommends that the State party: a)Continue to monitor data on trafficking of children and ensure that all data and indicators are used for the formulation, monitoring and evaluation of policies, programmes and projects; b)Strengthen its procedures for the early-identification of child victims of trafficking; and c)Seek to establish bilateral and multilateral agreements and cooperation programmes with countries of origin and transit to prevent the sale, trafficking and abduction of children. (Paragraphs 65 and 66) UN Special Rapporteur on the trafficking of persons The Special Rapporteur particularly welcomes the enactment of Law No. 22 of 2005 on Children and Camel Races, which prohibits the recruitment, employment, training and participation of children below 18 in camel racing. Violation of this law is punished with 3 to 10 years’ imprisonment and a fine of 50,000 to 200,000 Riyals. It further vests the Labour Directorate with a quasi-judicial role in investigating and bringing to justice individuals who are in violation of this legislation. Moreover, an Inter-Governmental Committee was established to follow up on the implementation of this law. The Committee carries out visits to camel racing courses and makes reports on these visits. The Special Rapporteur nevertheless remains concerned about reports that despite repatriation of a large number of children, some were retained as farm workers living in difficult conditions. She would therefore appreciate receiving information on the status of all the concerned children. (Paragraph 80) Bahrain, Oman and Qatar are countries of destination for trafficking in persons for forced labour and sexual exploitation. The main victims are women and girls recruited as domestic workers and entertainers. Other workers, in particular men in the construction industry and in farm work, are also affected by this phenomenon albeit to a lesser extent. Recent legislation in Oman and Qatar concerning child camel jockeys has been effective in addressing the exploitation of children for this purpose. Close monitoring to completely bring an end to the trafficking of children for this purpose is nevertheless imperative. (Paragraph 90) The Special Rapporteur recommends that: (f) Governments seek to establish bilateral and multilateral agreements and cooperation programmes with countries of origin and transit to prevent trafficking of persons, especially women and children, and cooperate on investigations, convictions and extradition ofcriminals. In this framework of cooperation, the Governments could hold regular meetingswith foreign embassies to review developments and share information; (v) Governments be extremely vigilant in ensuring that parents and guardians accompanying minors have not received payments or benefits to give their consent to allow minors under their care to be exploited. The best interest of the child should always guide the handling of such cases; (w) Special attention be paid to detecting minors crossing borders and passing as adults with falsified documents. In such cases, necessary steps should be taken to provide the minors concerned with the necessary protection and assistance, including safe repatriation or social reintegration if repatriation is not in the interest of the minor; (aa) The Governments compile comprehensive statistics on investigations and prosecutions of trafficking-related offences disaggregated by the type of offence, gender and age of victim; (Paragraph 95)
Last reported: 29 February and 1 March 2012
Concluding Observations issued: 9 March 2012
Country visit:8 to 12 November 2006
Report published: 25 April 2007
Country visit: 8 to 12 November 2006
Report published: 25 April 2007