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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _________________________________________________________________________ Discrimination against women and girls UN Committee on the Elimination of Discrimination against Women The Committee is concerned that gender-based stereotypical attitudes about the roles of women and men persist, and that these are reflected in women’s disadvantages and unequal situation in many areas, including in public life and decision-making, in the work place, and in marriage and family relations. The Committee recommends that the State party take comprehensive measures to overcome stereotypical attitudes and expectations regarding the roles of women and men in society and in the family, in accordance with articles 2 (f) and 5 (a) of the Convention. Such measures should include awareness-raising efforts through the educational system and the media so as to enhance a positive and non-stereotypical portrayal of women. (Paragraph 17 and 18) Universal Periodic Review (January 2011) P - 89.41 Increase efforts to promote and protect the rights of vulnerable groups such as children, women, people with disabilities and the elderly (Cuba) (pending) P - 89.48 Ensure that the rights of all children are equally protected under domestic law, regardless of gender, and consider implementing the recommendations of the Committee on the Rights of the Child (South Africa) (pending) _________________________________________________________________________ Inadequate reproductive healthcare and education UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee expresses its concern at the increasing rate of HIV/AIDS and other sexually transmitted diseases among adolescents. It further notes with concern the high rate of teenage pregnancies and the fact that the State party does not pay sufficient attention to adolescent health issues, including developmental, mental and reproductive health concerns. The Committee recommends that the State party: (a) Undertake a comprehensive study to assess the nature and the extent of adolescent health problems and, with the full participation of adolescents, use this as a basis to formulate adolescent health policies and programmes with particular focus on the prevention of HIV/AIDS and other sexually transmitted diseases, taking into account the Committee’s general comment No. 4 (2003) on adolescent health and development; (b) Strengthen developmental and mental health counselling services as well as reproductive counselling and make them known and accessible to adolescents; (c) Ensure the inclusion of reproductive health education in the school curriculum and fully inform adolescents of reproductive health rights, including the prevention of teenage pregnancies and sexually transmitted diseases, including HIV/AIDS; (d) Continue to provide support to pregnant teenagers, including through community structures and ensure the continuation of their education. (Paragraphs 57 and 58) UN Committee on the Elimination of Discrimination against Women While noting the State party’s ongoing efforts to reform the health sector, the Committee is concerned about the apparent inadequate attention by the State party to the differential and specific needs of women in this area. The Committee is concerned that it did not obtain a clear picture about the availability of comprehensive reproductive health care. The Committee notes with concern the persistence of unsafe abortions in the country. It also notes with concern that no information was provided about measures to provide safe abortion services where those are permitted by law. Further, the Committee is concerned about the lack of facilities and district hospitals to provide comprehensive services for childbirth, and about women’s access to antenatal and postnatal services. The Committee recommends that the State party take into account its general recommendation 24 on article 12, on women and health, in all health sector reform efforts so as to effectively address the differential needs in the area of general health and specific health needs of women. It calls on the State party to ensure that obstetric and maternal health needs are adequately addressed, including access to these services by women in rural communities. It also recommends that the State party provide safe abortion services in cases where those are permitted by law, and to enhance sex education and availability of contraceptives so as to prevent women having to resort to unsafe abortions. The Committee also calls on the State party to ensure that women do not require, in law or in practice, a husband’s written consent for performance of tubal ligation. The Committee invites the State party to submit, in its next report, statistical data on the percentage of birth with obstetric care, information about maternal mortality rates including the main causes of maternal death, as well as information about the rate of abortion. (Paragraph 31 and 32) Universal Periodic Review (January 2011) P - 89.104 Undertake a health-care reform that guarantees universal access and integrated health-care services, and create adolescent-friendly health-care clinics (Hungary) (pending) _________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is concerned at the fact that corporal punishment is a lawful way of disciplining children, both under the Children and Young Persons Act and the Education Act. The Committee is further concerned that corporal punishment is widely practised as a highly-favoured method of punishment. The Committee recommends that the State party: (a) Amend its legislation to explicitly prohibit corporal punishment in the family, schools and institutions; (b) Conduct awareness-raising campaigns to inform the public in general about the negative impact of corporal punishment on children and actively involve children and the media in the process; (c) Ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the Convention, in particular article 28 (2) as an alternative to corporal punishment at all levels of society. (Paragraphs 34 and 35) Universal Periodic Review (January 2011) P - 89.30 Review its existing legislation to fully reflect the principles and provisions of CRC, especially in relation to non-discrimination, corporal punishment and juvenile justice (Guatemala) (pending) P - 89.82 Increase efforts to ban corporal punishment from schools (Costa Rica) (pending) P - 89.83 Prohibit all forms of corporal punishment of children in all settings (Slovenia) (pending) P - 89.84 Amend the legislation to explicitly prohibit corporal punishment in families, schools and institutions, to conduct awareness-raising campaigns on this issue and to ensure that the existing legislation related to children fully reflects the principles and provisions contained in CRC (Italy) (pending) _________________________________________________________________________ Inadequate education provision UN Committee on the Rights of the Child (Concluding Observations, September 2005) While the Committee is encouraged that the State party has developed “Education Sector Development Plan 2000 to 2005 and Beyond” and that there has been an increase in secondary school enrolment, it remains concerned that the State party does not provide universal access for children in particular to secondary school. It is further concerned at the lack of continued education of school-aged teen mothers, and the growing number of children who drop out of school, particularly among boys. The Committee expresses its concern at the fact that less than 20 per cent of the eligible age cohort has access to day-care services and that State provision for preschool is limited. In the light of articles 28 and 29 of the Convention and its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party allocate adequate human and financial resources in order to: (a) Adopt effective measures to include all children in primary education and urgently decrease the dropout rates for children, particularly boys; (b) Continue its efforts to increase the number of children entering secondary schools through provisions of more classrooms; (c) Offer more facilities for vocational training, including for children who do not complete secondary education; (d)Ensure that teenage mothers continue their education. (Paragraphs 61 to 63) Universal Periodic Review (January 2011) P - 89.33 Continue considering concrete measures to ensure the protection of the human rights of girls and boys through the amendment of the Law on Education (Chile); (pending) P - 89.43 Look to develop and support programmes directed towards the training and education of marginalised youth in Saint Lucia (Maldives) (pending) P - 89.44 Strengthen its efforts to develop and support educational programmes and technical training for marginalised youth in the country (Canada) (pending) P - 89.45 Develop and support programmes directed towards the training and education of marginalised youth (Slovenia) (pending) P - 89.107. Continue and strengthen its efforts relating to the number of children, especially boys, entering secondary school (Germany) (pending) _________________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is concerned that the legal provisions and the practice of the administration of juvenile justice do not fully comply with the provisions of articles 40, 39 and 37 of the Convention and other relevant international standards, in particular the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (General Assembly resolution 40/33) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) (General Assembly resolution 45/112). The Committee is further concerned: (b) That the sentence of life imprisonment is not excluded for persons below the age of 18 years as stated in the State party report (para. 285); The Committee recommends that the State party continue to strengthen its efforts to improve the juvenile justice system in order to ensure the full implementation of juvenile justice standards, in particular article 37 (b), articles 40 and 39 of the Convention as well as the above-mentioned international standards and in the light of the Committee’s day of general discussion on the administration of juvenile justice. In this regard, the Committee particularly recommends that the State party: (a) Abolish the provisions which allow the imposition of a life sentence on children aged 16 or 17 at the time of the commitment of the crime and ensure that children aged 16 and 17 are not considered as adults and are afforded the same protection as younger children under the justice system; (Paragraphs 72 and 73) Universal Periodic Review (January 2011) P - 89.34 Consider repealing the provisions imposing life imprisonment on minors, in line with the recommendations of the Committee on the Rights of the Child (Mexico) (pending) P - 89.30 Review its existing legislation to fully reflect the principles and provisions of CRC, especially in relation to non-discrimination, corporal punishment and juvenile justice (Guatemala) (pending) _________________________________________________________________________ Inadequate legislation on child labour UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is concerned that the State party has no provisions for the classification of hazardous and non-hazardous work, as well as regulations guiding the conditions of employment. The Committee is also concerned about child labour in the informal economy in urban areas. The Committee recommends that the State party adopt a comprehensive legal framework for children engaged in the workforce which is in compliance with article 32 of the Convention on the Rights of the Child as well as the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee further recommends that the State party ratify the Minimum Age Convention, 1973 (No. 138). Universal Periodic Review (January 2011) P - 89.85 Address child labour in accordance with its international obligations, notably CRC and ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Slovakia) (pending) _________________________________________________________________________ Inappropriate definition of the child UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee welcomes the State party’s definition of a child as any person under 18 years. However, it remains concerned at the definition of juveniles as persons under 16 years of age which in practice means that children of 16 and 17 years old do not receive the protection provided for persons under the age of 16. The Committee recommends that the State party change its laws to ensure that all persons under 18 are provided with the same protection and guarantees, inter alia, in the area of child protection, child maintenance and juvenile justice. (Paragraphs 25 and 26) Universal Periodic Review (January 2011) P - 89.91 Change its laws to modify the definition of juveniles to ensure that all persons under 18 years old are provided with protection and guarantees (Turkey) _________________________________________________________________________ Inadequate legislation on non-discrimination and on the protection of vulnerable groups UN Committee on the Rights of the Child (Concluding Observations, September 2005) While the Committee appreciates that the State party has made various amendments to existing legislation as well as adopted the Family Court Act in 1994 and the Domestic Violence Act in 1995, it is nevertheless concerned that existing legislation does not fully reflect the principles and provisions of the Convention, for example regarding non-discrimination, corporal punishment and juvenile justice. The Committee recommends that the State party take all necessary measures to ensure that its legislation conforms fully to the provisions and principles of the Convention. (Paragraphs 9 and 10) The Committee remains concerned that the right to non-discrimination as defined in article 2 of the Convention on the Rights of the Child has not been fully incorporated into the State party’s legislation and practice. The Committee urges the State party to raise its efforts to ensure that existing laws fully comply with article 2 of the Convention and to abolish as a matter of priority all discriminatory provisions regarding children born out of wedlock. The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Durban Declaration and Programme on Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account general comment No. 1 (2001) on the aims of education. (Paragraphs 27 to 29) Universal Periodic Review (January 2011) P - 89.30 Review its existing legislation to fully reflect the principles and provisions of CRC, especially in relation to non-discrimination, corporal punishment and juvenile justice (Guatemala) (pending) P - 89.41 Increase efforts to promote and protect the rights of vulnerable groups such as children, women, people with disabilities and the elderly (Cuba) (pending) P - 89.47 Continue to develop and implement measures aimed at protecting the rights of all children, particularly those in vulnerable situations (Singapore) (pending) _________________________________________________________________________ Inadequate protection against and response to abuse of children UN Committee on the Rights of the Child (Concluding Observations, September 2005) The Committee is encouraged that a draft protocol for the management of child abuse and neglect in Saint Lucia has been drawn up to deal with the identification, reporting, treatment and management of abuse and neglect cases; however, it remains concerned that this protocol has not yet been enacted and subsequent safeguards and complaint procedures have not been structured and fully implemented. The Committee is also concerned about the lack of training programmes for professionals who work with children on situations of abuse, neglect and inadequate personnel. The Committee recommends that the State party adopt and implement as a matter of priority the draft protocol mentioned in order to ensure: (a) The establishment of an effective reporting and referral system for cases of child abuse and neglect with the necessary provisions for a child-sensitive investigations of such cases; (b) The establishment of programmes for psychological and physical recovery and social reintegration for victims of sexual abuse and any other child victims of abuse, neglect, ill-treatment, violence or exploitation; (c) That recruitment and training programmes are ongoing for all professionals who may have to deal with the investigation and treatments of cases of child abuse and neglect; and (d) Consider seeking technical assistance from, inter alia, UNICEF. (Paragraphs 49 and 50) Universal Periodic Review (January 2011) P - 89.113. Be assisted by the international community in its efforts to design policies and programmes to ensure suitable solutions are found to deal sensitively with children victims of abuse, including training law enforcement officials, social workers and members of the judiciary on how to receive, monitor, investigate and prosecute complaints (Mauritius) (pending) _________________________________________________________________________
Last reported: 23 May 2006
Concluding Observations issued: 2 June 2006
Last reported: 23 May 2006
Concluding Observations issued: 2 June 2006