RUSSIA: 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 Committee on the Elimination of Racial Discrimination

CERD/C/RUS/CO/23-24

Last reported: 27 May 2016
Concluding observations issued: 20 September 2017

Positive aspects

The Committee further welcomes the ratification by the State party on 24 September 2013 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (para 4).

Concerns and recommendations

Roma

While taking note of the information about the adoption of a plan for social, economic, ethnic and cultural development of Roma in the period 2013-2014, the Committee remains highly concerned that Roma continue to be discriminated against. The Committee is particularly concerned about the persistence of de facto segregation in education faced by Roma children, combined with very low education outcomes and school completion rates, especially at the secondary school level (para 21, b).

Recalling its general recommendation No. 27 (2000) on discrimination against Roma, the Committee further recommends that the State party put an end to de facto segregation in education and ensure that all children, including Roma, enjoy their right to inclusive and quality education; take effective measures, including special measures in accordance with its general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, with a view to enhancing rates of school attendance and completion among Roma children and to improving their educational achievements. To that end, the State party should also intensify its efforts aimed at increasing preschool enrolment among Roma children (para 22, a and b).

Multi-ethnic-based education

The Committee notes with appreciation the information provided by the delegation on education, in particular with regard to access and the preparation of students by being taught various disciplines, in addition to measures taken to ensuring literacy and linguistic competence and respect for cultures and mother tongues. However, it expresses its concern at the lack of information about the way in which history education is provided (arts. 2, 5 and 7) (para. 31).

In the light of the multi-ethnic, multicultural and religiously diverse nature of the population of the State party, and its different historical experiences, the Committee recommends that history education be taught in such a way as to prevent a dominant historical narrative and ethnic hierarchizing (para. 32).

 


CERD/C/RUS/CO/20-22

Last reported: 14 and 15 February 2013                                                   Concluding Observations adopted: 1 March 2013

Issues raised and recommendations given:

Discrimination: While noting the information provided by the State party that the practice of placing Roma children in special classes in a number of regions is not a forced segregation measure (CERD/C/RUS/20-22, para. 507), the Committee is nevertheless concerned about reports that Roma children placed in such classes are usually isolated from other pupils and are not permitted into the corridors or bathrooms designed for common use, and that conditions in schools designated for Roma children are often much worse than in mainstream schools (arts.3 and 5).

The Committee recommends that the State party take effective measures to: (a) End all practices of de facto segregation of Roma children and ensure that they have access to all facilities in schools; (b) Carefully review the criteria by which Roma children are allocated to special remedial classes; (c) Ensure that Roma children are fully integrated into the general education system and that they participate proportionately at all levels of the system. (para 17)

While the Committee notes an impressive array of educational, cultural and awareness raising initiatives taken by the State party to promote tolerance and combat prejudices (CERD/C/RUS/20-22, paras. 311-401), it notes the absence of information on the concrete impact of such activities, the extent to which targeted communities are involved in the development and implementation of various plans and programmes, and procedures in place to evaluate the effectiveness of such activities (art. 7).

The Committee recommends that the State party: (a) Ensure that funding provided for the support of cultural activities of minority communities is allocated according to clear criteria and is accessible to all interested minority communities, with transparent procedures for the allocation of funds; (b) Ensure that all activities and initiatives are implemented following a careful needs assessment and identification of specific objectives, and evaluate their impact and effectiveness. (para 21)

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CERD/C/62/CO/7

Last Reported: 10 and 11 March 2003                                                                   Concluding Observations issued: 2 June 2003

Issues raised and recommendations given:

Refugees and asylum-seekers: The Committee requests further information on the protection provided to refugees and asylum-seekers in the State party and on whether children of asylum-seekers are able to attend school. (Para. 19)

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UN Committee against Torture

CAT/C/RUS/CO/5

Last reported: 9 and 12 November 2012                                                        Concluding Observations issued: 11 December 2012

No mention of children's rights

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CAT/C/RUS/CO/4

Last Reported: 10 and 13 November 2006                                                         Concluding Observations issued: 6 February 2007

Issues raised and recommendations given:

Violence against women and children, including trafficking: The Committee is concerned at the lack of formal complaints, according to the State party, despite reliable allegations of violence against women in custody; Reports of prevalent domestic violence and the lack of sufficient shelters for victims; Continued reports of trafficking in women and children for sexual exploitation. The State party should ensure the protection of women in places of detention, and the establishment of clear procedures for complaints as well as mechanisms for monitoring and oversight.

The State party should ensure protection of women by adopting specific legislative and other measures to address domestic violence, providing for protection of victims, access to medical, social and legal services and temporary accommodation and for perpetrators to be held accountable.The State party should strengthen measures to prevent and combat the sexual exploitation and abuse of children. The State party should continue its efforts to ensure effective implementation of anti-trafficking legislation. The State party should adopt the proposed legislative amendments as well as the draft act “On Counteracting the Trafficking of People” to ensure more effective protection of victims and the prosecution of traffickers.

Juvenile justice system: While noting several legislative initiatives in progress, the Committee is concerned that the State party has not established a juvenile justice system. The State party should pursue the reforms of the juvenile justice system and adopt the draft federal law “On the foundations of a juvenile system”, which, inter alia, provides for the creation of juvenile courts.

Health care in detention centres: The State party should consider the establishment of a health service independent from the Ministries of Internal Affairs and Justice to conduct examinations of detainees upon arrest and release, routinely and at their request, alone or together with an appropriate independent body with forensic expertise, so that serious medical cases, particularly deaths in custody, are examined by impartial experts and results are made available to relatives of the deceased. While noting the efforts undertaken by the State party to improve the situation, there continue to be inadequate living conditions in psychiatric hospitals for patients, including children, and there is also overcrowding in such institutions, which may be tantamount to inhuman or degrading treatment, as well as lengthy periods of confinement. The State party should further develop outpatient services to reduce the problem of overcrowded psychiatric hospitals and reduce the time of hospitalization as well as take appropriate measures to improve the living conditions in inpatient institutions, for all patients, including children.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/RUS/CO/5

Last reported: 11 and 12 May 2011                                                             Concluding Observations issued: 20 May 2011 

Issues raised and recommendations given:

Sexual exploitation: The Committee remains concerned, in spite of the steps taken by the State party, about continued reports of trafficking in women and children for sexual exploitation and abuse. The Committee encourages the State party to further strengthen measures to combat trafficking in women and children and combat the sexual exploitation, abuse and prostitution of children by, inter alia developing programs to address the root causes of trafficking and sexual exploitation of women and children. The Committee also encourages again the State party to adopt its comprehensive draft Law on Combating Trafficking in Human Beings, which would provide for a system of bodies to combat trafficking and contain provisions concerning prevention of trafficking, as well as protection and rehabilitation of victims.  (art. 10) (Para 23)

The Committee remains concerned about the large numbers of children who live and work on the streets, in particular in the informal sector where they are vulnerable to abuse, including sexual abuse, and to other forms of exploitation to such an extent that regular school attendance is severally restricted (art. 10).

The Committee urges the State party to take all necessary measures to ensure the protection of children from social and economic exploitation. The Committee urges the State party, to intensify its efforts to, inter alia: (a) Take effective measures to address the root causes of the phenomenon of street children; (b) Take effective and appropriate measures to ensure that street children have access to education, shelter and health care; (c) Address the sexual abuse and other exploitation of street children through the prosecution of perpetrators of abuse and the reintegration of victims into society; The Committee recommends the State party to include information, in its next periodic report, on the measures taken to address the situation of street children and any progress made in this respect. (para 24)

Child care institutions: While noting the efforts undertaken to promote alternative family-based forms of placement of children, the Committee remains concerned, by the large number of children placed in care institutions in the State party (art. 10).

The Committee encourages the State party to continue to adopt measures, legislative or otherwise, to reduce the number of children living in institutions, and to intensify its efforts to develop family-based alternative care. The Committee urges the State party to ensure adequate supervision of the children placed either in institutions, or in family-based alternative care. (para 25)

Health: The Committee remains concerned that, in spite of the efforts undertaken by the State party, a large number of women especially in rural areas have limited access to reproductive and sexual health services, and at the lack of reproductive and sexual health education in the State party (art. 12).

The Committee calls on the State party to continue its efforts to increase knowledge of and access to affordable contraceptive methods in the State party and to ensure that family-planning information and services are available to everyone including in the rural areas. The Committee also encourages the State party to include in the school curricula sex education among the adolescents, to prevent early pregnancy and the control of sexually transmitted infections, including HIV/AIDS, and reproductive and sexual healthcare education. The Committee further encourages the State party to include the costs of modern contraceptive methods in the public health insurance scheme. (para 30)

Education: The Committee remains concerned about the sizeable numbers of children, who do not attend school in the State party. The Committee urges the State party to strengthen its efforts to ensure that no child is deprived of the right to education in particular in the rural areas and among the disadvantaged and marginalized groups including the Roma, indigenous peoples and children with disabilities. The Committee encourages the State party to strengthen its efforts and privilege integrated schooling for all disadvantaged and marginalized groups in particular Roma and children with disabilities. (arts. 13, 14) (para 32)

The Committee is concerned that, in spite of the information provided by the delegation, children living in Chechnya and the Northern Caucasus reportedly remain affected in one or other way by the prevailing consequences of the ended conflict, in particular with regard to their right to education. The Committee recommends that the State party take urgent measures to ensure that all children living in Chechnya and the Northern Caucasus and those internally displaced pursue their schooling in conformity with the Federal Law on education and to prevent their voluntary recruitment into military units. (arts. 13, 14) (para 33)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/USR/CO/7

Last reported: 15 July 2010                                                                             Concluding observations issued: 30 July 2010

Issues raised and recommendations given:

Discrimination: The Committee reiterates its concern at the persistence of practices, traditions, patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in all spheres of life. In this respect, the Committee is concerned at the State party’s repeated emphasis on the role of women as mothers and caregivers. The Committee is concerned that such customs and practices perpetuate discrimination against women and girls; that this is reflected in their disadvantageous and unequal status in many areas, including in education, public life, decision-making, marriage and family relations, and the persistence of harmful traditional practices, honour killings, bridal kidnappings and violence against women; and that, thus far, the State party has not taken effective and systematic action to modify or eliminate stereotypes and negative traditional values and practices. (para 20)

Violence: (…) The Committee is also concerned at recent amendments to the Criminal Code whereby article 134 (4) would appear to exempt first-time offenders from criminal liability for having sex with a minor if he marries the victim. The Committee regrets the lack of data and information on the incidence of various forms of violence against women and girls, as well as the lack of studies and surveys on the extent of violence and its root causes and it is further concerned at the lack of a national programme that provides shelter to victims of domestic violence, that the few shelters that do exist in selected cities are extremely limited in their capacity to help these victims and that most shelters restrict access to Russian nationals who are local residents. (para 22)

The Committee urges the State party to give priority attention to combating violence against women and girls and to adopting comprehensive measures to address such violence, in accordance with its general recommendation No. 19. (...) (para 23)

Trafficking: The Committee notes the introduction, in 2003, of norms prohibiting the trafficking in human beings in the Criminal Code of the State party. However, it expresses its concern at the high prevalence of trafficking in the State party, which has increased more than sixfold during the reporting period. While noting with concern that the Russian Federation is a source, transit and destination country for trafficking, the Committee regrets the lack of disaggregated data on the number of victims of trafficking, including minors, and compensation received as well as statistics on complaints, investigations, prosecutions and penalties imposed on the perpetrators of such crimes. It is also concerned at the failure of the State party to address the root causes of trafficking, which impedes the efforts of the State party to address the trafficking problem in a serious way. The Committee is further concerned at the lack of special legislative and other measures for the protection of women and girls from recruitment agencies engaging in trafficking in persons and from marriage agencies specializing in marriage with foreign citizens. In addition, it is concerned at the limited information provided on the existence and implementation of regional and bilateral memorandums of understanding and/or agreements with other countries on trafficking, including within the Commonwealth of Independent States. (para 26)

Education: The Committee expresses its concern at the unbalanced gender proportions in teaching personnel, with teachers having higher degrees and leaders of educational institutions being mostly male. It is also concerned at the gender segregation in students’ choice of field of education (girls are mostly studying the humanities while boys are mostly studying technical subjects), and it regrets the lack of information on any incentives to encourage women to enter traditionally male-dominated fields of study. It further regrets the lack of sufficient disaggregated data covering the field of education. (para 34)

The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. It recommends that the State party take the necessary measures, including the use of temporary special measures, in accordance with article 4 and the Committee’s general recommendation No. 25, to increase the number of female teachers at the higher levels of education and in leadership positions. The Committee also recommends that the State party take effective measures to overcome the de facto segregation in the fields of education, to actively encourage the diversification of educational and professional choices for women and men and to offer incentives for women to enter traditionally male-dominated fields of study. The Committee also requests the State party to include in its next report statistical data covering the field of education, disaggregated by sex, ethnicity, rural and urban areas and federal and regional levels. (para 35)

Health: While commending the efforts made by the State party in the area of health care, including the “Give me life” campaign, and the decrease in maternal mortality rates (from 44 per 100,000 births in 1998 to 22 per 100,000 births in 2007), the Committee notes with concern that the reduction of governmental expenditure on public health services has had a negative impact on access to health services, especially in rural areas. The Committee is concerned at the limited access to reproductive and sexual health services, especially in rural areas, that only 27 per cent of women of childbearing age make use of modern methods of contraception, and that family planning programmes are not included in school curriculums. The Committee also notes with concern that, although the rate of abortions has decreased, abortion continues to be used as a method of birth control. The Committee is further concerned that the proportion of women among early-stage HIV-infected patients has increased annually. (para 36)

The Committee calls upon the State party to take all necessary measures to ensure women’s access to health care and health-related services, within the framework of the Committee’s general recommendation No. 24. The Committee requests the strengthening and expansion of efforts to increase knowledge of and access to affordable contraceptive methods throughout the country and to ensure that women in rural areas do not face barriers and have full access to family-planning information and services. It also recommends that sex education be widely promoted and targeted at adolescent girls and boys, with special attention to the prevention of early pregnancy and the control of sexually transmitted infections, including HIV/AIDS. (para 39)

Rural girls: The Committee notes with concern the statement in the State party report that the situation of rural women remains difficult. While noting the information provided on the existence of a number of policies and programmes on the rural population, the Committee expresses its concern at the limited information provided on national policies, strategies or programmes carried out by the State party to improve the situation of rural women, girls and older women, including their access to health care, education, employment, land, credit and decision-making. The Committee also regrets the lack of information on measures taken to increase rural women’s awareness of the rights enshrined in the Convention. (para 42)

The Committee requests the State party to include in its next report detailed information on any national policy, strategy or programme carried out by the State party to improve the situation of rural women, girls and older women, including their access to health care, education, employment, land, credit and decision-making, as well as the impact and achievements of such governmental initiatives. The Committee also calls on the State party to enhance the awareness of rural women of their rights enshrined in the Convention through, inter alia, legal literacy programmes and legal assistance.

The Committee further calls on the State party to ensure the participation of women in the council of elders. (para 43)

Discrimination: The Committee expresses its serious concern at the situation of ethnic minority women in the State party. The Committee notes with concern that the State party has not adopted comprehensive anti-discrimination legislation aimed at protecting ethnic minorities, in particular Chechens, Roma and persons of African origin. It is further concerned that traditional female stereotypes are most prevalent in the ethnic communities. In addition, the Committee regrets the lack of information provided with regard to human rights education offered to ethnic minority women, including education on gender equality. (para 44)

The Committee calls upon the State party to pay special attention to the needs of women and girls belonging to ethnic minorities and adopt comprehensive anti-discrimination legislation aimed at protecting ethnic minorities. It also encourages the State party to use innovative methods to improve information on and awareness of the provisions of the Convention and the Optional Protocol among women and girls belonging to ethnic minorities.

The Committee requests that comprehensive information be included in the next periodic report, including sex-disaggregated data and trends over time, on the de facto position of ethnic minority women and on the impact of measures taken and results achieved in the implementation of policies and programmes for these women and girls. (para 45)

The Committee is concerned at the very limited information and statistics provided about certain groups of women and girls, including female domestic workers, asylum-seeking women, refugee women, internally displaced women, and girls living in the street. The Committee is also concerned that those women and girls often suffer from multiple forms of discrimination, especially with regard to access to education, employment and health care, protection from violence and access to justice. The Committee is further concerned that the national Law on Refugees does not provide any special procedures for recognizing women seeking asylum as refugees. (para 46)

The Committee requests the State party to provide, in its next report, a comprehensive picture of the de facto situation of disadvantaged groups of women and girls in all areas covered by the Convention and information on specific programmes and achievements. The Committee calls on the State party to include in the national Law on Refugees special procedures for recognizing women seeking asylum as refugees. (para 46)

Marriage: The Committee is concerned about the persistence of early marriages of girls and polygamy, especially in the northern Caucasus. The Committee is also concerned about the lack of a legal framework for de facto unions and the resulting precarious situation in which women in such unions may find themselves when their relationship breaks down and there is a need for a division of property and assets without the benefit of adequate prior contractual agreement.

The Committee is further concerned that women attempting to escape a violent relationship are frequently unable to access independent housing or shelters and thus often compelled to share the same residence with a violent partner, even after an official divorce. (Para 48)

The Committee calls upon the State party to implement measures aimed at eliminating polygamy in all cases, as called for in the Committee’s general recommendation No. 21, and to take all necessary measures to combat the practice of early marriage. The Committee also recommends that the State party take effective measures to ensure that women are guaranteed equal rights with men to property and assets accumulated during de facto unions when their relationship breaks down. The Committee further calls upon the State party to create the necessary conditions for women’s access to independent housing or shelters, including for women attempting to escape a violent relationship. (para 49)

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UN Human Rights Committee

 

(CCPR/C/SR.3157)

Last reported:  16/ 17 March 2015

Concluding Observations adopted: 31 March 2015

Concerns raised:

Domestic Violence: The Committee is concerned at the increase by 20 percent in the number of reported cases of domestic violence affecting women and children since 2010 and at the slow progress in adopting the draft federal act on prevention of domestic violence. It also notes with concern the lack of due diligence of law enforcement officers in registering and investigating domestic violence cases, and that support services for victims, including the number of psychological and educational centres and shelters, are insufficient (arts. 2, 3, 7, 24 and 26). The State party should step up its effort to prevent and combat all forms of domestic violence, including by: (a) Adopting without undue delay specific federal legislation prohibiting domestic violence; (b) Ensuring that law enforcement authorities, as well as medical and social workers, receive appropriate training to deal with cases of domestic violence; (c) Strengthening its awareness-raising efforts to sensitize widely the public at large to the adverse impact of domestic violence; encouraging the reporting of domestic violence cases, inter alia by systematically informing women and children of their rights, and of the existing legal avenues through which they can receive protection;  (d) Ensuring that domestic violence cases are thoroughly investigated, that perpetrators are prosecuted and, if convicted, punished with appropriate sanctions, and that victims are adequately compensated; (e) Ensuring that victims have access to effective remedies and means of protection, including to an adequate number of psychological and educational centres and other support services, including accommodation or shelters, that are available in all parts of the country.  (Paragraph 12)

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CCPR/C/RUS/CO/6

Last reported: 15 and 16 October 2009                                                        Concluding Observations issued: 24 November 2009

No mention of children's rights

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UN Committee on the Rights of Persons with Disabilities

Signed 2008, but not yet ratified.

 

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UN Committee on Enforced Disappearance

Not yet signed or ratified.

 

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UN Committee on Migrant Workers

Not yet signed or ratified.

 

Countries

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