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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: ____________________________________________________________ While welcoming the recent introduction in the Criminal Code of norms prohibiting the trafficking of human beings, the Committee is concerned that not enough is being done to implement these provisions effectively. The Committee also expresses its concern that protection measures for victims of trafficking of human beings are not fully in place and that reported acts of complicity between traffickers and State officials are not being fully investigated and sanctioned. The Committee encourages the State party to increase its efforts to ensure effective institutional coordination in the full implementation of the new provisions relating to trafficking of human beings. It should ensure that victims of trafficking are protected and that their status and rights are further defined. It also encourages the State party to focus more of its programmatic activities on prevention work, as well as to investigate reported acts of complicity between traffickers and State officials. The Committee takes note that the State party has signed, although not yet ratified, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. The Committee encourages the State party to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime and the Council of Europe Convention on Action against Trafficking in Human Beings. (Paragraphs 80 to 83) UN Committee on Economic, Social and Cultural Rights 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 (art. 10). UN Committee on the Elimination of Discrimination against Women 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 specialising 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. (Paragraph 26) UN Special Rapporteur on the sale of children See full report: http://www.crin.org/resources/infodetail.asp?ID=25612. International Labour Organisation Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that, according to the communication from the International Trade Union Confederation (ITUC), thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also reportedly taking place and confirmed cases have been reported of children being trafficked for sexual exploitation. The Committee further noted that, according to the report of 24 January 2007 submitted by the UN Special Rapporteur on the sale of children, child prostitution and child pornography in Ukraine (A/HRC/4/31/Add.2, paragraphs 48-49), the Russian Federation is also a destination country for boys and girls between 13 and 18 years of age trafficked from Ukraine. According to the report, half of the children trafficked across borders from Ukraine are taken to neighbouring countries, including the Russian Federation. The children trafficked across borders are exploited in street vending, domestic labour, agriculture, dancing, employment as waiters/waitresses or for the provision of sexual services. The Committee notes the statement from the Government representative present at the Conference Committee on the Application of Standards to the effect that the draft Act against the trafficking of persons is still under discussion in the Duma Commission on Family Issues for Women and Children, and a series of substantial amendments have been incorporated in the Penal Code with a view to imposing heavier penalties for violations of the law involving the trafficking of persons. In this regard, the Committee notes the Government's information in its report to the effect that Act No. 218 of 25 November 2008 amended section 127.1 of the Russian Penal Code in such a way as to prohibit any transaction involving a child, regardless of the purpose of the transaction. Furthermore, the Government indicates that, over the years, several dozen criminal groups which were recruiting Russian citizens for the purpose of offering their sexual services in Western Europe, the Middle East, Africa, Asia and North America have been exposed. The Government also indicates that, according to the centre for information analysis of the Ministry of the Interior, the total number of instances of trafficking of persons revealed by judicial inquiries increased by 4.6 per cent (68 cases) in 2008. The Committee notes the Government's indication that in 2008 the courts examined the cases of five persons involved in three instances of the trafficking of minors. While noting the measures taken by the Government, the Committee observes that the number of cases involving the trafficking of children reported by the authorities remains low. The Committee also notes the indication by the Worker members of the Conference Committee on the Application of Standards that the draft Act against the trafficking of persons appears frozen since 2006. The Committee therefore again observes that, although the trafficking of children for economic or sexual exploitation is prohibited by law, it remains a source of serious concern in practice. It reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee urges the Government to step up its efforts and take immediate and effective measures to eliminate in practice the trafficking of young persons under 18 years of age without delay. In this respect, the Committee requests the Government to take steps to ensure that perpetrators are investigated and prosecuted that sufficiently effective and dissuasive penalties are imposed on persons found guilty of the trafficking of children for economic or sexual exploitation. The Committee also requests the Government to take immediate steps to ensure that the draft Act against the trafficking of persons is adopted in the very near future. Finally, it requests the Government to continue to supply information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed for violations of the legal prohibitions on the sale and trafficking of children. Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted the detailed information from the Government on the network of social institutions which provide for the rehabilitation and social integration of children removed from the worst forms of child labour. It also noted that the establishment of social rehabilitation centres for minors was stepped up in 2004 (with the addition of 163 new centres by comparison with 2002). The Committee notes that, according to the 2009 UNODC Global Report on Trafficking in Persons, another centre for the rehabilitation of victims of trafficking opened in April 2007. This centre has the capacity to cater for 19 victims at a time. The Committee requests the Government to supply information on the number of child victims of trafficking for sexual or economic exploitation who have been rehabilitated and socially integrated as a result of the action of the abovementioned rehabilitation and social integration centres. Article 8. International cooperation and assistance. International cooperation. The Committee previously noted that the Russian Federation is a member of Interpol, which facilitates cooperation between countries in different regions, particularly in combating the trafficking of children. It also noted that the Russian Federation has ratified the United Nations Convention against Transnational Organised Crime, its Protocol against the smuggling of migrants by land, sea and air, and its Protocol to prevent, suppress and punish trafficking in persons, especially women and children. The Committee notes that the Government representative present at the Conference Committee on the Application of Standards emphasised the importance of international and regional cooperation in combating the trafficking of persons. The Government indicates in its report that a Europol national contact point has been established within the Ministry of the Interior. The Committee requests the Government to supply information on the impact of the United Nations Convention against Transnational Organised Crime and its Protocol, and also the measures taken by Interpol and Europol in the Russian Federation relating to the elimination of the trafficking of children for economic or sexual exploitation. Regional cooperation. The Committee previously noted that joint operations have been under way since 1998 with the countries of the Council of the Baltic Sea States (CBSS) with a view to preventing cross-border smuggling of children. Under the auspices of that body's executive committee, "contact officers", including some from the Russian Ministry of Internal Affairs, deal with specific cases requiring action to prevent trafficking in children for the purpose of sexual exploitation. The Committee notes the Government's statement that the Ministry of the Interior has also drafted a cooperation agreement between the Ministries of the Interior (police) of the member countries of the Commonwealth of Independent States to combat the trafficking of persons. Furthermore, the Ministry of the Interior participates in the activities of a number of special working parties, including the CBSS Special Group for combating the trafficking of persons and the Working Party of the Organisation of the Black Sea Economic Cooperation for combating organised crime. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee requests the Government to continue to reinforce its cooperation with other countries concerned with the trafficking of children to or from the Russian Federation. It requests the Government to continue to supply information on the specific measures taken to eliminate the cross-border trafficking of children for economic or sexual exploitation, and on the results achieved. The Committee welcomes the ratification by the State party of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, with a view to extending special protection to children. However, it also notes reports that children in the State party work in the streets, within the family, or elsewhere in exploitative situations or to such an extent that regular school attendance is impeded. The Committee recommends that the State party, in accordance with article 32 of the Convention and ILO Conventions No. 138 concerning the Minimum Age for Admission to Employment and No. 182, which the State party has ratified: (a) Take steps to ensure the implementation of article 32 of the Convention and ILO Conventions Nos. 138 and 182, taking due account of the ILO Minimum Age Recommendation, 1973 (No. 146) and the Worst Forms of Child Labour Recommendation, 1999 (No. 190); UN Special Rapporteur on the sale of children The legislation dealing with labour in the Russian Federation includes a separate section aimed at the protection of children from exploitive situations, with an annex that provides for the development of an independent monitoring body. For the past three years, pilot regions have been provided with Ombudsmen for children and the Special Rapporteur was advised that serious consideration is being given to the possibility of having an Ombudsman for children at the national level. The Special Rapporteur met with the Vice-Director of the Federation of Trade Unions and was encouraged by her awareness of the importance of dealing with exploitive child labour issues. Although employers’ organisations are not well developed in the country, the Federation has established an action committee to deal with child labour. The trade unions have also adopted a number of measures aimed at alleviating the plight of street children. One such measure is the establishment of sports schools for children and youth. There are 35 such schools and their coaches go to regular schools and invite the children to attend the sports schools. Although the Federation currently provides free club facilities for children whether registered in the region or not, the Vice-Director admitted that a lot more needs to be done in this respect. The Vice-Director of the Federation of Trade Unions also reported that the trade unions would welcome the opportunity to meet with managers of business corporations and explore the possibility of apprenticeship programmes for young people. The matter is still under consideration as the Federation considers what could be offered as an incentive for the business community to involve itself in such programmes. In St. Petersburg, the State University reported that it would shortly begin training social pedagogues on child labour issues. (Paragraphs 35 to 38) See full report: http://www.crin.org/resources/infodetail.asp?ID=25612. International Labour Organisation Article 2, paragraph l, of the Convention. Scope of application. The Committee previously noted that section 63(1) of the Labour Code prohibited children under 16 years of age from signing an employment contract. It asked the Government to supply information on the measures taken or contemplated to ensure the application of the Convention to all types of work outside an employment relationship. The Committee noted the Government's statement that the illegal employment of minors and the violation of their labour rights are frequent occurrences in the informal economy. This involves minors who wash cars, engage in trading and perform auxiliary work. The Committee therefore reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee notes the detailed statement in the Government's report indicating the measures taken to prevent children from signing employment contracts in breach of the national labour legislation, particularly with regard to the minimum age for admission to employment in hazardous types of work. However, the Committee observes that the Government does not supply any information regarding the measures taken to ensure that children who work without having signed an employment contract enjoy the protection afforded by the Convention. The Committee therefore again requests the Government to take the necessary steps to ensure that the protection afforded by the Convention is enjoyed by children carrying out an economic activity without an employment contract, particularly self-employed children and children working in the informal economy, as soon as possible. The Committee requests the Government to supply information on the progress made in this respect in its next report. he Committee expresses its concern at the increasing number of street children and their vulnerability to all forms of abuse and exploitation, as well as the fact that these children do not have access to public health and education services. The lack of a systematic and comprehensive strategy to address the situation and protect these children is also of concern to the Committee. The Committee recommends that the State party: (a) Undertake a comprehensive national survey of the number, composition and characteristics of children living and working in the streets in order to design and implement comprehensive strategies and policies to prevent and combat all forms of abuse and exploitation; UN Committee on Economic, Social and Cultural Rights 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). UN Special Rapporteur on the sale of children The Special Rapporteur makes the following recommendations: (f) Networks of street educators trained to encourage children to leave the streets should be developed. If such networks could be established in every city, potentially every social orphan could be provided with a contact point. (Paragraph 63) Only recommendations included here, see full report for more detail: http://www.crin.org/resources/infodetail.asp?ID=25612. International Labour Organisation Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to a study on child labour carried out in St. Petersburg (Leningrad) from May to October 2009 in the context of the ILO-IPEC project on street children in the St. Petersburg (Leningrad) regions, the 1,003 children who were interviewed were engaged in the following kinds of work: collecting empty bottles and recycling paper and beer bottles (58.6 per cent); transporting goods (25.4 per cent); cleaning workplaces (21.3 per cent); looking after property (14.3 per cent); street trading (10.4 per cent); and cleaning cars (2.6 per cent). The study also indicates that 22 per cent of boys started working at 8 or 9 years of age, compared with 5.8 per cent of girls, and 40 per cent of boys started working at 10 or 11 years of age, compared with 15.4 per cent of girls. While expressing its deep concern at the situation of children engaged in work, particularly in the informal sector, the Committee urges the Government to take the necessary steps to ensure that child labour for young persons under 16 years of age is abolished in practice. Furthermore, the Committee again requests the Government to supply information on the application in practice of the national legislation giving effect to the Convention, including extracts from official reports and information on the number and nature of reported infringements, particularly with regard to children under 16 years of age working in the informal sector. The Committee is raising other points in a request addressed directly to the Government. The Committee is concerned about the large number of children and young people being sexually exploited in the State party. It is concerned that teenage prostitution is an acute problem in the State party. It is also concerned that children aged 14 to 18 years old are not legally protected from involvement in prostitution and pornography. In light of articles 34 and other related articles of the Convention, the Committee recommends that the State party: (a) Strengthen measures to prevent and combat sexual exploitation and abuse of children; UN Committee on the Elimination of Discrimination against Women 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. (Paragraph 22) UN Special Rapporteur on the sale of children See full report: http://www.crin.org/resources/infodetail.asp?ID=25612. International Labour Organisation Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that, according to the communication from the International Trade Union Confederation (ITUC), thousands of persons are trafficked from the Russian Federation to other countries, including Canada, China, Germany, Israel, Italy, Japan, Spain, Thailand and the United States. Internal trafficking within the Russian Federation is also reportedly taking place and confirmed cases have been reported of children being trafficked for sexual exploitation. The Committee further noted that, according to the report of 24 January 2007 submitted by the UN Special Rapporteur on the sale of children, child prostitution and child pornography in Ukraine (A/HRC/4/31/Add.2, paragraphs 48-49), the Russian Federation is also a destination country for boys and girls between 13 and 18 years of age trafficked from Ukraine. According to the report, half of the children trafficked across borders from Ukraine are taken to neighbouring countries, including the Russian Federation. The children trafficked across borders are exploited in street vending, domestic labour, agriculture, dancing, employment as waiters/waitresses or for the provision of sexual services. The Committee previously observed that section 127.1 of the Penal Code prohibits the sale and trafficking of human beings, defined as the purchase or sale of persons or their procuring, transportation, transfer, concealment or reception, if committed for the purposes of exploitation. Section 127.1(2) provides for a heavier penalty when the offence is committed in relation to a known minor (defined in section 87 as a person between 14 and 18 years of age). The Committee also noted that section 240(2) of the Penal Code prohibits the transportation of any person across the state border of the Russian Federation for the purpose of delivering that person into prostitution or illegal detention abroad. A heavier penalty is incurred when this offence is committed against a minor. The Committee also noted that a draft Act against the trafficking of persons which aims to establish appropriate measures to ensure legal protection and social rehabilitation for victims of trafficking, in accordance with the Palermo Protocol, was under consideration. However, the Committee noted that the special Act on assistance for victims of trafficking, pending before the Duma, was neither voted on nor enacted in 2006. The Committee notes the statement from the Government representative present at the Conference Committee on the Application of Standards to the effect that the draft Act against the trafficking of persons is still under discussion in the Duma Commission on Family Issues for Women and Children, and a series of substantial amendments have been incorporated in the Penal Code with a view to imposing heavier penalties for violations of the law involving the trafficking of persons. In this regard, the Committee notes the Government's information in its report to the effect that Act No. 218 of 25 November 2008 amended section 127.1 of the Russian Penal Code in such a way as to prohibit any transaction involving a child, regardless of the purpose of the transaction. Furthermore, the Government indicates that, over the years, several dozen criminal groups which were recruiting Russian citizens for the purpose of offering their sexual services in Western Europe, the Middle East, Africa, Asia and North America have been exposed. The Government also indicates that, according to the centre for information analysis of the Ministry of the Interior, the total number of instances of trafficking of persons revealed by judicial inquiries increased by 4.6 per cent (68 cases) in 2008. The Committee notes the Government's indication that in 2008 the courts examined the cases of five persons involved in three instances of the trafficking of minors. While noting the measures taken by the Government, the Committee observes that the number of cases involving the trafficking of children reported by the authorities remains low. The Committee also notes the indication by the Worker members of the Conference Committee on the Application of Standards that the draft Act against the trafficking of persons appears frozen since 2006. The Committee therefore again observes that, although the trafficking of children for economic or sexual exploitation is prohibited by law, it remains a source of serious concern in practice. It reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee urges the Government to step up its efforts and take immediate and effective measures to eliminate in practice the trafficking of young persons under 18 years of age without delay. In this respect, the Committee requests the Government to take steps to ensure that perpetrators are investigated and prosecuted that sufficiently effective and dissuasive penalties are imposed on persons found guilty of the trafficking of children for economic or sexual exploitation. The Committee also requests the Government to take immediate steps to ensure that the draft Act against the trafficking of persons is adopted in the very near future. Finally, it requests the Government to continue to supply information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed for violations of the legal prohibitions on the sale and trafficking of children. The Committee previously noted that the Russian Federation is a member of Interpol, which facilitates cooperation between countries in different regions, particularly in combating the trafficking of children. It also noted that the Russian Federation has ratified the United Nations Convention against Transnational Organised Crime, its Protocol against the smuggling of migrants by land, sea and air, and its Protocol to prevent, suppress and punish trafficking in persons, especially women and children. The Committee notes that the Government representative present at the Conference Committee on the Application of Standards emphasised the importance of international and regional cooperation in combating the trafficking of persons. The Government indicates in its report that a Europol national contact point has been established within the Ministry of the Interior. The Committee requests the Government to supply information on the impact of the United Nations Convention against Transnational Organised Crime and its Protocol, and also the measures taken by Interpol and Europol in the Russian Federation relating to the elimination of the trafficking of children for economic or sexual exploitation. Regional cooperation. The Committee previously noted that joint operations have been under way since 1998 with the countries of the Council of the Baltic Sea States (CBSS) with a view to preventing cross-border smuggling of children. Under the auspices of that body's executive committee, "contact officers", including some from the Russian Ministry of Internal Affairs, deal with specific cases requiring action to prevent trafficking in children for the purpose of sexual exploitation. The Committee notes the Government's statement that the Ministry of the Interior has also drafted a cooperation agreement between the Ministries of the Interior (police) of the member countries of the Commonwealth of Independent States to combat the trafficking of persons. Furthermore, the Ministry of the Interior participates in the activities of a number of special working parties, including the CBSS Special Group for combating the trafficking of persons and the Working Party of the Organisation of the Black Sea Economic Cooperation for combating organised crime. With reference to the conclusions of the Conference Committee on the Application of Standards, the Committee requests the Government to continue to reinforce its cooperation with other countries concerned with the trafficking of children to or from the Russian Federation. It requests the Government to continue to supply information on the specific measures taken to eliminate the cross-border trafficking of children for economic or sexual exploitation, and on the results achieved. The Committee is raising other points in a request addressed directly to the Government. The Committee is also concerned at the insufficient information concerning adolescent health, in particular with regard to reproductive health. The Committee is also concerned that contraceptives are not within the financial reach of all, thus limiting their use in the State party, and that there is a high incidence of teenage pregnancies and abortions. The Committee recommends that the State party pay close attention to adolescent health, taking into account general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child; and strengthen its efforts to promote adolescent health, including by providing sexual and reproductive health education in schools and introducing school health services, including youth‑sensitive and confidential counselling and care. In order to decrease tobacco smoking and alcohol consumption among adolescents, the Committee recommends that the State party initiate campaigns designed especially for adolescents on healthy behavioural choices. (Paragraphs 55 and 56) UN Committee on Economic, Social and Cultural Rights 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. (Paragraph 30) UN Committee on the Elimination of Discrimination against Women 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 [curricula]. 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. (Paragraph 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. (Paragraph 39) UN Special Rapporteur on the sale of children The Special Rapporteur would make the following recommendations: (i) With respect to the taboos surrounding any discussion of sex and the difficulties faced by the Government when trying to introduce sex education in schools, the Special Rapporteur strongly recommends that the Government consider combining sex education with essential awareness-raising on HIV/AIDS for school children. (Paragraph 63) Only recommendations included here, see full report for more detail: http://www.crin.org/resources/infodetail.asp?ID=25612. The Committee is seriously concerned about the HIV/AIDS epidemic in the State party and that high-risk behaviour among young people (i.e. injecting drug use and risky sexual behaviour) may further increase the number of persons with HIV/AIDS in the future. The Committee is also concerned that little attention is being given to preventive measures. The Committee is also concerned at the increase of mother-to-child transmission of HIV in the State party. It also expresses its concern that children of HIV-infected mothers are persistently discriminated against, whether they are infected with HIV or not, and that they are often abandoned by their mothers and hospitalised for extended periods. The Committee recommends that the State party: (a) Increase its efforts to prevent the spread of HIV/AIDS, taking into account the Committee’s general comment No. 3 (2003) on HIV/AIDS and the rights of the child and the International Guidelines on HIV/AIDS and Human Rights; UN Committee on Economic, Social and Cultural Rights 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. (Paragraph 30) UN Committee on the Elimination of Discrimination against Women [The Committee] 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. (Paragraph 39) UN Special Rapporteur on the sale of children The Special Rapporteur would make the following recommendations: (i) With respect to the taboos surrounding any discussion of sex and the difficulties faced by the Government when trying to introduce sex education in schools, the Special Rapporteur strongly recommends that the Government consider combining sex education with essential awareness-raising on HIV/AIDS for school children. (Paragraph 63) Only recommendations included here, see full report for more detail: http://www.crin.org/resources/infodetail.asp?ID=25612. The Committee notes the information on the numerous programmes and measures taken to improve children’s health, but remains concerned at the standard of health in the State party. However, and notwithstanding the decline in the incidence of tuberculosis, it remains concerned that the number of tuberculosis cases remains high. It also remains concerned about the number of iodine deficiency disorders and the low incidence of breastfeeding in the State party. The Committee is also concerned that the services and programmes established under the reformed system are not fully in compliance with article 24 of the Convention, in particular with regard to the development of primary health care. The Committee encourages the State party: (a) To enhance preventive interventions in primary health care; UN Committee on the Elimination of Discrimination against Women 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 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. (Paragraphs 36 and 39) UN Special Rapporteur on indigenous people Special attention should be paid to the well-being of women and children, and more data should be collected on women’s and children’s specific health and social indicators during the next nationwide census (scheduled for 2014). (Paragraph 96) The Committee is concerned at reports of incidents of discrimination against children belonging to different religious and ethnic minorities. It is also concerned that children belonging to minorities, and in particular Roma children, are more likely to be restricted in the full enjoyment of their rights, in particular with regard to health and education services. The Committee is also concerned at the discrimination faced by children and families without residence permits. The Committee recommends that the State party take all necessary measures to prevent and combat all forms of discrimination, inter alia via national and regional awareness campaigns and effective interventions in all incidents of discrimination, while paying special attention to the most vulnerable groups such as children belonging to religious and ethnic minorities, Roma children and children of parents without a residence permit. (Paragraphs 23 and 24) UN Committee on the Elimination of Racial 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). UN Committee on Economic, Social and Cultural Rights The Committee remains concerned about the sizeable numbers of children, who do not attend school in the State party (arts. 13, 14). UN Committee on the Elimination of Discrimination against Women 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. (Paragraph 44) UN Special Rapporteur on racism NGOs working with Roma expressed concern at the lack of a comprehensive law, policy or institution addressing the specific issues and concerns of the Roma community in the Russian Federation. They unanimously referred to the need to create a federal plan for the Roma community and the establishment of a federal institution in charge of Roma issues, in particular, the issue of land, the promotion of education for the Roma community, and the sensitisation of the Russian society about Roma history, culture and traditions in order to eliminate the negative stereotypes they are recurrently associated with. (para 54) The Government should adopt a comprehensive federal plan for the Roma community, aiming at both promoting and respecting their cultural identity and at eradicating their social and economic marginalisation, in particular, poor housing conditions, lack of documents, the high level of dropouts of Roma children at school and the difficulties of the Roma to access employment. The plan should also aim at sensitising the Russian society to Roma history and traditions, in order to eliminate the negative stigma and stereotypes Roma are recurrently associated with. The problem of housing evictions should be treated as a matter of priority. (Paragraph 91) During the mission, the Special Rapporteur visited the Kelderary Roma community in the village of Peri, located in the district of Vsevolozshsky (Leningrad oblast), inhabited by approximately 1,320 persons, including 500 to 600 children. Representatives of the community expressed frustration and discontent at their poor living conditions, the degree of violence affecting the community and the lack of assistance provided by the authorities. The Special Rapporteur noted the precarity of the majority of the 130 houses in the settlement, exposing the community to particularly severe living conditions in the winter; the lack of access to drinking water; and the high rate of infectious diseases, particularly among children, due to lack of appropriate sanitary conditions. Furthermore, the community denounced the discriminatory treatment faced in their access to health services, including medical emergency treatment. Concern was also expressed at the poor school attendance rate among children, as the cost of transportation to the closest school was unaffordable to the majority of families, greatly affected by unemployment. In addition, under the pretext of difficulties with the Russian language, it was reported that Roma children attending school were placed in a separate school building, in a worse condition than the regular building for Russian children, thus hampering their integration with other non-Roma children. The Special Rapporteur also collected testimonies of several victims of violence, including those of an elderly woman and a girl who had been beaten by skinheads in St. Petersburg. The majority of those cases remain unreported, given the general mistrust towards the police, rather associated with inadequate protection, arbitrary identity checks, harassment and corruption than with protection and law enforcement. (Paragraph 55) UN Committee on the Rights of the Child (Concluding Observations, November 2005) The Committee recommends that the State party take all necessary measures: (a) To address the issue of discrimination against children with disabilities; UN Committee on Economic, Social and Cultural Rights 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 marginalised 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 marginalised groups in particular Roma and children with disabilities. (Paragraph 32) Universal Periodic Review (2009) 52. Continue its positive efforts to consolidate the areas of health and education especially for disabled children (Cuba) (pending) Despite some recent encouraging developments, such as measures to decrease the number of children dropping out of school, the Committee remains concerned that different charges for primary school continue to be levied despite the legal guarantee of free primary education. It is also concerned that Federal Law No. 122 no longer guarantees financial and material support for preschool children and that it cancelled some incentives for teachers working at rural schools. Although the Committee commends the State party for the decrease in the number of adult illiterates and the decrease in the proportion of women illiterates, it is concerned about the number of adolescent illiterates and the increase in the proportion of girls among them. The Committee is also concerned about the lack of transparency in the vocational training system. The Committee recommends that the State party: (a) Take the necessary measures to ensure that all children have access to primary and secondary education; UN Committee on Economic, Social and Cultural Rights The Committee remains concerned about the sizeable numbers of children, who do not attend school in the State party (arts. 13, 14). UN Committee on the Elimination of Discrimination against Women 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. UN Special Rapporteur on indigenous people While there are many positive developments in the area of indigenous education, problems remain. As of 2002, 48 per cent of indigenous people in Russia had only elementary education and 17 per cent were illiterate, compared respectively with 8 per cent and 0.5 per cent for all of Russia.12 In many communities, only between 15 and 50 per cent study their native language. (Paragraph 66) Given the remoteness of indigenous settlements, most indigenous children are taught in boarding schools. However, in conversations with the Special Rapporteur, teachers shared the view that boarding schools are not an ideal model for indigenous education since they uproot indigenous children, physically and culturally, from their traditional environments and families. Some regional governments have explored educational opportunities that are better suited to indigenous communities than the boarding school model, such as itinerant schools, which travel with reindeer herders. (Paragraph 67) More generally, the quality and relevance to the indigenous communities of the schools that serve them would be improved if those communities, especially the parents among them, had more control over the curriculum and administrative decisions. The school curriculum is determined by regional administrators who are required to follow a core federally defined curriculum for each grade. Indigenous children follow this curriculum, with an added indigenous language course. Regional administrators have some flexibility, and some schools try to recreate traditional rituals and teach traditional activities, but parents and local communities have very limited input into curriculum decisions. (Paragraph 68) Article 14 of the Declaration states that indigenous people have the right to establish and control their own educational institutions, teach children in their native language and choose the manner of education that is appropriate to their cultures and communities. While there may be multiple obstacles to providing education to small and remote settlements, and communities that practise a nomadic way of life, there should be determined efforts to foster a flexible educational framework, allowing for stronger control by indigenous communities. (Paragraph 69) Several non-governmental sources have pointed out that certain federal policies have had a negative effect on indigenous educational institutions. For example, the federal policy of “optimisation”, which aims to consolidate certain municipal services in concert with the local self-government reform under the federal law “On general principles of local self-government in Russia”13 have resulted in school closings in many small settlements. The Special Rapporteur heard testimony about Baklaniha village in Krasnoyarsky Krai, and a Shor village in the Kemerovski Region, which remain without schools due to school closings. Concerned individuals and NGOs argue that such school closings leave no option for families with children but to relocate and abandon their communities. While the extent of this problem is unclear, school closings should be carefully considered in light of their potential disparate impact on indigenous communities. (Paragraph 70) Additionally, in recent years, on the basis of the federal law “On Education”, many regions have started financing schools on a per capita basis, resulting in disproportionate disadvantages to schools in small settlements, and the elimination of positions for school psychologists, social pedagogical workers, or special needs teachers. In many institutions, extracurricular arts, crafts and performance courses have also been eliminated, and for certain courses, children in first through fourth grades are taught together. (Paragraph 71) Further efforts should be made to strengthen educational opportunities for indigenous people, who as a whole in Russia have higher levels of illiteracy than other members of the population. The federal and regional Governments should support indigenous peoples’ efforts to establish educational institutions that best suit their communities. The Governments, together with indigenous peoples, should continue to experiment with new models of education more suited to indigenous peoples’ needs and priorities and also continue to improve the boarding school model. Mechanism should be developed to enable indigenous communities, especially parents, to have greater and more regular input in curriculum decisions for schools, and allow sufficient flexibility for parental participation in decisions regarding subjects that are taught, the language in which these subjects are taught and other matters. (Paragraph 92) Reports of school closings and the negative effects of these on small indigenous communities should be thoroughly investigated and remedied, and any government policies that have the effect of encouraging such closings or reduced educational opportunities for communities should be closely reviewed. (Paragraph 93) Universal Periodic Review (2009) 56. Increase its efforts to ensure full respect of the rights of persons belonging to minorities and indigenous groups, including education of their children (Sweden); Implement the recommendations raised by CERD as to how to improve the situation of the indigenous communities (Denmark); Comply with the principles contained in the Declaration on the rights of indigenous people (Mexico); (pending) The Committee is concerned at the increasing number of children in institutional care and that efforts to implement a national policy on deinstitutionalisation have not been successful. The Committee is also concerned that not enough effort is being made to promote alternative family care arrangements. In light of article 20 of the Convention, the Committee recommends that the State party: (a) Adopt a comprehensive strategy and take immediate preventive measures to avoid the separation of children from their family environment and to reduce the number of children living in institutions, inter alia by providing assistance and support services to parents and legal guardians in the performance of their child‑rearing responsibilities, including through education, counselling and community‑based programmes for parents; UN Committee on Economic, Social and Cultural Rights 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 is concerned that the State party, notwithstanding several legislative attempts, has not yet established specific federal procedures and courts for juvenile offenders to be dealt with separately under the justice system. The Committee is also concerned at: (a) The inadequate research, studies and evaluation mechanisms on prevention activities or on the adequacy of existing measures; The Committee recommends that the State party ensure that juvenile justice standards are fully implemented, in particular articles 37, 40 and 39 of the Convention and other United Nations standards in the field of juvenile justice, including 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), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System, and in the light of the Committee’s 1995 discussion day on the administration of juvenile justice. In this regard, the Committee encourages the State party, as a matter of priority: (a) To ensure that children under the age of criminal responsibility are not treated as criminals; UN Special Rapporteur on the independence of judges and lawyers The Russian Federation has not yet established a juvenile justice system. In 2005, the Duma adopted in its first reading a bill on a juvenile justice system, including the establishment of specialised juvenile courts. However, the second reading of the bill has not yet taken place. Pilot projects for elements of a juvenile justice system have been conducted in a number of regions. Based on the positive assessment of these projects, a Presidential decree was issued on measures to improve the prevention of juvenile delinquency, focusing on social and psychological support. Currently, over 30 juvenile courts are operational in more than 18 entities. However, the absence of a legal and institutional framework at the federal level significantly hampers progress made in the regions. (Paragraph 92) In order to assist the Russian Federation in pursuing and renewing efforts in the judicial reform process, the Special Rapporteur recommends that, with respect to the institutional and legal framework: (…) The draft law for the establishment of a juvenile justice system, setting a minimum framework for all regions, be adopted without delay. (…) (Paragraphs 96-97) Universal Periodic Review (2009) 31. Provide prison guards and law enforcement officials in general, with human rights training specifically focusing on protection of human rights of women, children, national minorities and persons of minority sexual orientation or gender identity; and further to ensure investigation and punishment of all cases of violation of human rights by this personnel (Czech Republic); (pending) The Committee is also concerned at: (c) The lack of alternative measures of detention and forms of reintegration for children in conflict with the law; In this regard, the Committee encourages the State party, as a matter of priority: (c) To develop an effective system of alternative sentencing for persons under 18 in conflict with the law, such as community service or restorative justice, with a view to ensuring that deprivation of liberty is used as a measure of last resort; UN Special Rapporteur on the independence of judges and lawyers The law distinguishes between “detention pending investigation” and “detention pending trial”. At the investigative stage, the extension of the detention must be authorised by judicial decision within the maximum limit of 18 months (Article 109 paras. 3, 4). An appeal against such decisions may be lodged with a higher court. In practice, detention on remand is not employed as an exceptional measure. On 27 September 2006, the Presidium of the Supreme Court pointed to the following shortcomings in relation to the use of detention on remand: (…) 3. Detention of juveniles in the absence of exceptional circumstances and the failure to consider alternative preventive measures. (…) (Paragraph 35) Universal Periodic Review (2009) 30. Encourage the use of non-custodial options when sentencing or determining pre- trial measures involving pregnant prisoners and prisoners with children and where women are detained, put in place policies to ensure that all children are able to maintain contact with their mothers (New Zealand); (pending) The Committee notes with concern the large number of children living in households with low incomes, and the information provided in the written replies that budgetary allocations for citizens with children have decreased significantly. The Committee is concerned that poor living conditions seriously limit children’s enjoyment of their rights in the family, in schools, and in peer and cultural activities. The Committee recommends that the State party take all necessary measures to provide support and material assistance to economically disadvantaged families, including targeted programmes with regard to the most vulnerable groups of families, in order to guarantee the right of all children to an adequate standard of living. (Paragraphs 52 and 63) UN Special Rapporteur on racism During the mission, the Special Rapporteur visited the Kelderary Roma community in the village of Peri, located in the district of Vsevolozshsky (Leningrad oblast), inhabited by approximately 1,320 persons, including 500 to 600 children. Representatives of the community expressed frustration and discontent at their poor living conditions, the degree of violence affecting the community and the lack of assistance provided by the authorities. The Special Rapporteur noted the precarity of the majority of the 130 houses in the settlement, exposing the community to particularly severe living conditions in the winter; the lack of access to drinking water; and the high rate of infectious diseases, particularly among children, due to lack of appropriate sanitary conditions. Furthermore, the community denounced the discriminatory treatment faced in their access to health services, including medical emergency treatment. Concern was also expressed at the poor school attendance rate among children, as the cost of transportation to the closest school was unaffordable to the majority of families, greatly affected by unemployment. In addition, under the pretext of difficulties with the Russian language, it was reported that Roma children attending school were placed in a separate school building, in a worse condition than the regular building for Russian children, thus hampering their integration with other non-Roma children. The Special Rapporteur also collected testimonies of several victims of violence, including those of an elderly woman and a girl who had been beaten by skinheads in St. Petersburg. The majority of those cases remain unreported, given the general mistrust towards the police, rather associated with inadequate protection, arbitrary identity checks, harassment and corruption than with protection and law enforcement. (Paragraph 55) ____________________________________________________________
Trafficking of children, particularly for sexual exploitation
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
Last reported: 11 and 12 May 2011
Concluding Observations issued: 20 May 2011
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. (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. (Paragraph 24)
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
Country visit: October 2000
Report published: 6 February 2001
Individual Observation concerning the Worst Forms of Child Labour Convention 1999 (No. 182)
Published: 2010
The Committee previously observed that section 127.1 of the Penal Code prohibits the sale and trafficking of human beings, defined as the purchase or sale of persons or their procuring, transportation, transfer, concealment or reception, if committed for the purposes of exploitation. Section 127.1(2) provides for a heavier penalty when the offence is committed in relation to a known minor (defined in section 87 as a person between 14 and 18 years of age). The Committee also noted that section 240(2) of the Penal Code prohibits the transportation of any person across the state border of the Russian Federation for the purpose of delivering that person into prostitution or illegal detention abroad. A heavier penalty is incurred when this offence is committed against a minor. The Committee also noted that a draft Act against the trafficking of persons which aims to establish appropriate measures to ensure legal protection and social rehabilitation for victims of trafficking, in accordance with the Palermo Protocol, was under consideration. However, the Committee noted that the special Act on assistance for victims of trafficking, pending before the Duma, was neither voted on nor enacted in 2006.
____________________________________________________________
Child labour
UN Committee on the Rights of the Child (Concluding Observations November 2005)
(b) Strengthen efforts to establish control mechanisms to monitor the extent of child labour, including unregulated work, address its causes with a view to enhancing prevention and, where children are legally employed, ensure that their work is not exploitative and is in accordance with international standards;
(c) Seek cooperation from ILO International Programme for the Elimination of Child Labour in this regard. (Paragraphs 72 and 73)
Country visit: October 2000
Report published: 6 February 2001
Individual Observation concerning the Minimum Age Convention, 1973 (No. 138)
Published: 2010
____________________________________________________________
Children living and working on the streets
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) Promote and facilitate the reunification of street children with their parents and other relatives or provide alternative care, taking into account the children’s own views; the State party should ensure that local Governments are given sufficient resources to provide these services;
(c) Ensure that street children are provided with adequate nutrition and shelter, as well as with health care and educational opportunities, in order to support their full development, and provide these children with adequate protection and assistance;
(d) Raise awareness about children living in the streets in order to change negative public attitudes about them; and
(e) Collaborate with non-governmental organisations working with street children in the State party and with children themselves, and seek technical assistance from, among others, UNICEF. (Paragraphs 74 and 75)
Last reported: 11 and 12 May 2011
Concluding Observations issued: 20 May 2011
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. (Paragraph 24)
Country visit: October 2000
Report published: 6 February 2001
Ms. Ofelia Calcetas-Santos
Individual Observation concerning the Minimum Age Convention, 1973 (No. 138)
Published: 2010
____________________________________________________________
Sexual abuse and exploitation of children
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) Ensure that reports of cases of sexual exploitation and sexual abuse be investigated (taking due account of the rights of victims) and that perpetrators are prosecuted and punished appropriately;
(c) Ensure that children’s testimonies are recorded in an appropriate way and that the persons conducting the hearing have the necessary specialist qualifications;
(d) Take measures to ensure that children aged 14 to 18 are legally protected from involvement in prostitution and pornography; and
(e) Conduct a comprehensive study to assess the causes, nature and extent of abuse of children with a view to developing strategies to tackle sexual exploitation, trafficking and the use of children in pornography. (Paragraphs 78 and 79)
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
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. (...) (Paragraph 23)
Country visit: October 2000
Report published: 6 February 2001
Individual Observation concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2010
Article 8. International cooperation and assistance. International cooperation.
____________________________________________________________
Inadequate sexual and reproductive health education and services
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
Last reported: 11 and 12 May 2011
Concluding Observation issued: 20 May 2011
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
Country visit: October 2000
Report published: 6 February 2001
____________________________________________________________
Inadequate response to prevalence of HIV and AIDS among children and young people
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) Strengthen measures to prevent mother-to-child transmission;
(c) Guarantee antiretroviral treatment to newborns whose mothers are infected with HIV as well as post-natal monitoring of HIV-positive mothers;
(d) Pay particular attention to children infected by HIV or who have become orphans due to the death of their parents from AIDS, by providing adequate medical, psychological and material support that fully respects the principle of non‑discrimination;
(e) Undertake a study on the practice in the State party of segregating children of HIV-positive mothers in hospital wards or separate orphanages and of HIV‑positive children being refused access to regular orphanages, medical care and educational facilities;
(f) Provide adequate support to HIV-positive mothers to prevent them from abandoning their newborns and allowing them to care for their children;
(g) Launch campaigns and programmes to raise awareness about HIV/AIDS among adolescents, particularly those belonging to vulnerable groups as well as the population at large, so as to reduce discrimination against and stigmatisation of children infected with and/or affected by HIV/AIDS; and
(h) Seek technical assistance from, inter alia, UNAIDS, WHO and UNICEF. (Paragraphs 59 to 61)
Last reported: 11 and 12 May 2011
Concluding Observations issued: 20 May 2011
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
Country visit: October 2000
Report published: 6 February 2001
____________________________________________________________
Inadequate health provision and services for children
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) To increase public expenditure on health;
(c) To pass the law on universal salt iodisation and ensure its full implementation;
(d) To continue efforts to reduce morbidity due to tuberculosis;
(e) To consider creating a national breastfeeding committee, training medical professionals and improving breastfeeding practices. (Paragraphs 51 to 53)
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
Country visit: 4 to 16 October 2009
Report published: 23 June 2010
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Discrimination against Roma children, particularly with regards to education and health
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
Last reported: 14 and 15 February 2013
Concluding Observations issued: 1 March 2013
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. (Paragraph 21)
Last reported 11 and 12 May 2011
Concluding Observations issued: 20 May 2011
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 marginalised 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 marginalised groups in particular Roma and children with disabilities. (Paragraph 32)
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
Country visit: 12 to 17 June 2006
Report published: 30 May 2007
Doudou Diène
____________________________________________________________
Discrimination against children with disabilities, particularly with regards to education, including the exclusion of children from mainstream education
The Committee notes with concern that insufficient efforts are being made to include children with disabilities in the mainstream system of education as they are more often than not sent to corrective “auxiliary schools” and “correcting classes”. It is also concerned at the significant overrepresentation of children with disabilities in boarding schools.
(b) To ensure that children with disabilities have equal access to services, taking into consideration the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96);
(c) To review the placement of children with disabilities in boarding schools with a view to limiting such placements only to those cases where they are in the best interests of the child;
(d) To provide equal educational opportunities for children with disabilities, including by abolishing the practice of “corrective” and “auxiliary schools”, by providing the necessary support and by ensuring that teachers are trained to educate children with disabilities in regular schools. (Paragraphs 49 to 50)
Last reported: 11 and 12 May 2011
Concluding Observation issued: 20 May 2011
55. Enhance its efforts to provide equal educational opportunities for children with disabilities, including by abolishing the practice of “corrective” and “auxiliary schools”, by providing the necessary support and by ensuring that teachers are trained to educate children with disabilities in regular schools (Liechtenstein); (pending)
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Inadequate education provision, particularly affecting rural children and indigenous communities
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) Take all appropriate measures to ensure that primary education is free, taking into account all direct and indirect costs, such as textbooks, renovations and security arrangements;
(c) Strengthen efforts to bridge the racial disparity in education, giving special attention to promoting education of minority-language people;
(d) Strengthen efforts at teacher training (before and during their service), and address the issue of teachers’ salaries and working conditions (in particular in light of Federal Law No. 122);
(e) Expand and better organise the system of vocational training;
(f) Fully implement measures to eliminate youth illiteracy, inter alia by providing informal educational opportunities.
Last reported: 11 and 12 May 2011
Concluding Observations issued: 20 May 2011
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 marginalised 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 marginalised groups in particular Roma and children with disabilities. (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 (arts. 13, 14).
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. (Paragraph 33)
Last reported: 15 July 2010
Concluding Observations issued: 30 July 2010
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. (Paragraphs 42 and 43)
Country visit: 4 to 16 October 2009
Report published: 23 June 2010
57. Undertake measures ensuring rights of ethnicities and national minorities to use its native languages in practice (Ukraine); intensify its efforts to ensure provision of education in minority languages (Finland). (pending)
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Inadequate alternative care provision, including inappropriate use of institutions
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) Ensure that the placement of children in alternative care is always assessed by a competent, multidisciplinary set of authorities and that the placement is for the shortest period of time and subject to judicial review, and that it is reviewed in accordance with article 25 of the Convention;
(c) Take measures to create an environment that would allow for fuller development of the child and the protection of children against all forms of abuse. Contacts with the family while the child is institutionalised should also be further encouraged, when this is not contrary to the best interests of the child;
(d) Strengthen its efforts to develop a traditional foster care system and other family‑based alternative care, by paying particular attention to the rights recognised in the Convention, including the principle of the best interests of the child, and strengthen the measures aimed at building the capacities of guardianship and trusteeship agencies;
(e) Ensure that children participate in the evaluation of alternative care programmes and that complaint mechanisms are created that allow children to submit their complaints. (Paragraphs 38 and 39)
Last reported: 11 and 12 May 2011
Concluding Observations issued: 20 May 2011
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. (Paragraph 25)
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Lack of a specialised juvenile justice system
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(b) The stigmatisation of children in conflict with the law;
(c) The lack of alternative measures of detention and forms of reintegration for children in conflict with the law;
(d) The lack of appropriate places for persons under 18 who have been deprived of their liberty, who are often detained together with adults;
(e) The poor material conditions of detention of persons under 18 deprived of their liberty;
(f) The inadequate access to education for persons under 18 in detention;
(g) The inadequacy of measures to monitor the situation of minors in conflict with the law but who have not been sentenced to deprivation of liberty and who do not benefit from adequate curative and educational measures.
(b) To expedite its work on reform of the system of juvenile justice to allow for those under 18 to be tried by a specific juvenile justice system and not by the ordinary justice system;
(c) To develop an effective system of alternative sentencing for persons under 18 in conflict with the law, such as community service or restorative justice, with a view to ensuring that deprivation of liberty is used as a measure of last resort;
(d) To guarantee that all children have the right to appropriate legal assistance and defence;
(e) To apply the provisions of the Criminal Procedure Code regarding pretrial detention;
(f) To take the necessary measures to make the deprivation of liberty as short as appropriate, inter alia by using suspended sentences and conditional release;
(g) To ensure that persons under 18 are separated from adults in detention;
(h) To ensure that persons under 18 remain in regular contact with their families while in the juvenile justice system;
(I) To provide ongoing training for judges and law enforcement officials;
(j) To ensure that persons under 18 in detention benefit from education and reintegration programmes,
(k) To develop and implement standards and monitoring mechanisms for living conditions in juvenile detention centres which also include visits by independent bodies;
(l) To provide all sentenced children with access to counselling and other social assistance measures, if necessary;
(m) To seek assistance from relevant United Nations bodies and agencies, inter alia, UNDP, UNODC and UNICEF. (Paragraphs 84 to 86)
Country visit: 19 to 29 May 2008
Report published: 23 March 2009
38. Establish a juvenile justice system (Austria, Czech Republic) that not only strives to punish, but rather to help juveniles to re-integrate into society, taking into account existing international standards in this regard (Austria); (pending)
____________________________________________________________
Inappropriate use of, and conditions within, detention for children in conflict with the law, including pre-trial detention
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
(d) The lack of appropriate places for persons under 18 who have been deprived of their liberty, who are often detained together with adults;
(e) The poor material conditions of detention of persons under 18 deprived of their liberty;
(f) The inadequate access to education for persons under 18 in detention;
(g) The inadequacy of measures to monitor the situation of minors in conflict with the law but who have not been sentenced to deprivation of liberty and who do not benefit from adequate curative and educational measures.
(e) To apply the provisions of the Criminal Procedure Code regarding pretrial detention;
(f) To take the necessary measures to make the deprivation of liberty as short as appropriate, inter alia by using suspended sentences and conditional release;
(g) To ensure that persons under 18 are separated from adults in detention; (Paragraphs 84 to 86)
Country visit: 19 to 29 May 2008
Report published: 23 March 2009
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Inadequate support for children facing economic hardship
UN Committee on the Rights of the Child (Concluding Observations, November 2005)
Country visit: 12 to 17 June 2006
Report published: 30 may 2007