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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Committee against Torture
- UN Committee on the Elimination of all Forms of Racial Discrimination
- UN Committee on Migrant Workers
- UN Committee on Economic, Social and Cultural Rights
- UN Human Rights Committee
- UN Committee on the Elimination of Discrimination against Women
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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(CAT/C/SEN/CO/3)
Last reported: 6 – 7 November 2012
Concluding Observations issued: 17 January 2013
Concerns raised:
Violence: While noting the measures taken by the State party to combat all forms of violence against women, the Committee remains deeply concerned about the persistence in the State party of domestic violence, female genital mutilation, sexual abuse, rape and forced marriages. The Committee regrets that the State party has not provided information on the remedies and compensation, including rehabilitation, made available to women victims of violence (arts. 2, 12, 13 and 16).
The State party should: (…)
(b) Step up efforts to prevent, combat and punish all forms of violence against women and children, by applying domestic laws and international conventions, and to run awareness and information campaigns for the general public and law-enforcement officers. The State party should investigate all allegations of such violence, prosecute and punish the perpetrators and offer victims effective protection and immediate redress (…) (para 14)
The Committee regrets the lack of comprehensive, disaggregated data on complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment committed by law-enforcement personnel, military officers, prison staff and psychiatric personnel, and of statistics on the various forms of violence against girls and women in Senegal.
The State party should compile the above-mentioned data for the whole country to allow the implementation of the Convention to be effectively evaluated and to facilitate the identification of targeted action to prevent and combat effectively torture, ill-treatment and all forms of violence against girls and women. The State party should also provide statistics on redress, including compensation, and means of rehabilitation for victims. (para 26)
Talibé children: The Committee remains concerned about the lack of information and statistics on the measures taken by the State party to combat practices such as the sale, prostitution and trafficking of minors. While noting the adoption of the strategic plan for the education and protection of children in Koranic schools (daaras), the Committee remains deeply concerned about the living conditions of young students (talibés), who suffer from ill-treatment and economic exploitation and are often made to beg on behalf of their masters. The Committee also remains concerned about the reported persistence of corporal punishment in Senegal (arts. 11 and 16).
The State party should:
(a) Monitor very closely the situation of talibés in order to protect them from ill-treatment and exploitation by punishing those responsible and setting up mechanisms to monitor and help such children, as well as a complaints mechanism to allow them to inform the authorities of cases of abuse;
(b) Set up a support system to give talibés access to physical and mental health services. It should provide the Committee with information on other specific measures, including the number of cases identified, the investigations and prosecutions conducted, the sentences handed down to the perpetrators and the return of talibés to their families;
(c) Amend the Family Code, particularly article 285, to explicitly ban corporal punishment anywhere at all, including in the home, and punish offenders in accordance with the law, while offering legal protection and psychological help to child victims. (para 15)
Juvenile Justice: Despite the existing juvenile justice mechanisms, the Committee is concerned that there are not enough specialized judges and courts to meet all the challenges related to the promotion and protection of children’s rights in the State party (arts. 2, 11, 12, 13 and 16).
The Committee recommends that the State party hasten the adoption of the bill to establish the position of Children’s Ombudsman and that it train more judges for juvenile courts. The Committee recommends that the State party set up a juvenile justice system in line with the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, General Assembly resolution 40/33) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines, General Assembly resolution 40/112). (para 19)
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UN Committee on the Elimination of all Forms of Racial Discrimination
(CERD/C/SEN/CO/16-18)
Last reported: 14 – 15 August 2012
Concluding Observations issued: 24 October 2012
Concerns raised:
Talibé children: The Committee notes with interest the importance attached to the problem of economic exploitation of talibé children and the numerous steps that the State party has taken to improve their education and increase the protection afforded to them. The Committee notes with concern, however, the persistence and scale of the problem surrounding the talibés, most of whom come from neighbouring countries. The Committee is concerned at the fact that many of these children are victims of trafficking, are exploited as beggars, are subjected to physical and psychological abuse, and live in appallingly unhealthy conditions involving serious deprivation. The Committee also regrets that the inconsistency between article 3 of Act No. 2005-02, prohibiting begging, and article 245 of the Criminal Code, which permits begging “on the days, in the places and in the circumstances confirmed by religious traditions”, persists despite the recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/16/57/Add.3, para. 31) (art. 5).
The Committee recommends that the State party speed up the daara modernization programme and introduce without delay the standard curriculum for Koranic schools launched in 2011. The State party should also set up a complaints mechanism accessible to children, tighten up its inspections of religious schools and impose more severe punishments on marabouts engaging in economic exploitation of talibés. The Committee further recommends that the State party continue to strengthen the measures in place to combat child trafficking and that it speed up its implementation of measures for the rescue and rehabilitation of street children. (para 14)
Refugees: (…) The State party nevertheless regrets that numerous refugees are still awaiting their identity papers and therefore remain in a vulnerable situation, as they are excluded from some benefits and do not enjoy full freedom of movement or access to education for their children (art. 5).
The Committee draws the State party’s attention to its general comment No. 30 (2004) on discrimination against non-citizens and encourages it to facilitate the integration of all refugees living in Senegal and issue them with identity papers as soon as possible so that they can fully enjoy their rights. (para 16)
Nationality: While the Committee welcomes the information provided by the delegation on the draft amendments to the Nationality Code, it is disturbed to note that the law currently does not allow Senegalese women married to foreigners to pass their nationality on to their children or their husbands in the same way that Senegalese men may (arts. 2 and 5).
The Committee recalls its general comments No. 25 (2000) on gender-related dimensions of racial discrimination and No. 30 (2004) on discrimination against non-citizens, and it recommends that the State party speed up its revision of the Nationality Code so as to ensure that Senegalese women married to foreigners may pass their nationality on to their children or their husbands in the same way that Senegalese men may. (para 19)
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UN Committee on Migrant Workers
(CMW/C/SEN/CO/1)
Last reported: 24 – 25 November 2010
Concluding Observations issued: 10 December 2010
Concerns raised:
Child labour: The Committee notes with concern that more than half of the children who are forced to beg in the Dakar region come from neighbouring countries and that the State party has not taken any practical steps to end regional trafficking in children for the purpose of begging. The Committee also regrets that the State party has not paid sufficient attention to the large-scale economic exploitation of talibés from neighbouring countries, most of them subjected to violence and ill-treatment by marabouts, despite the 2006 recommendations of the Committee on the Rights of the Child (CRC/SEN/CO/2, paras. 60 and 61) in that regard.
The Committee encourages the State party to introduce, in cooperation with the States concerned, all necessary measures to prevent and combat the trafficking of children from neighbouring countries for the purpose of begging. The Committee also urges the State party to take all necessary steps to ensure that those responsible for the trafficking and exploitation of children are brought to justice and receive heavy sentences. The Committee also recommends that the State party introduce programmes to take children who are forced to beg, including talibés, off the streets and ensure they receive the necessary psychosocial rehabilitation services. (para 18)
Parent migration: The Committee regrets that, despite studies conducted by international organizations on the impact of migration on children left behind in countries of origin while one or both parents work abroad, the State party has not paid sufficient attention to the issue, as illustrated by the lack of legislation and policies in that regard, particularly social protection policies for such children.
The Committee encourages the State party to ensure that the vulnerable situation in which children find themselves when one or both of whose parents have migrated is fully taken into consideration in the formulation of laws, policies and measures in all areas, in particular those related to social protection. (para 19)
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UN Committee on Economic, Social and Cultural Rights
(E/C.12/1/Add.62)
Last reported: 14 August 2001
Concluding Observations issued: 24 September 2001
Concerns raised:
Discrimination: (…) The Committee is particularly concerned about the lack of progress made by the State party in eradicating the enduring discriminatory practices against women and girls. Such practices include polygamy, restricted access to land, property, housing and credit facilities, and the inability to inherit land. (para 15)
The Committee calls upon the State party to take remedial action to address the inequality of and discrimination against women and girls in Senegal, both in law and in practice. In particular, the Committee urges the State party to consider repealing article 152 of the Family Code. (para 38)
Health: The Committee is concerned about the rise in clandestine abortions, unwanted pregnancies and the high rate of maternal mortality which is as high as 500 deaths per 100,000 live births.
The Committee urges the State party to take remedial action to address the problems of clandestine abortions, unwanted pregnancies and the high rate of maternal mortality. In this regard, the Committee urges the State party to undertake more effective reproductive and sexual health programmes in schools and colleges. (para 26)
The Committee is concerned about the high incidence of infant mortality, especially in rural areas. The Committee is also concerned that many children in the rural areas suffer from serious malnutrition and retarded growth. (para 28)
The Committee is concerned that the asylum-seekers who, while waiting for a decision on their status, which takes a long time, are denied access to basic social services, including hospital care. The Committee is also concerned that children of asylum-seekers who have not yet been granted refugee status cannot enrol in school unless they are able to pay tuition fees. (para 33)
The Committee calls upon the State party to make safe drinking water accessible to the entire population and to combat the problems of malnutrition, especially among children, hygiene and water-related diseases. (para 55)
Street children: The Committee is concerned about the increasing number of street children, especially in Dakar, and about the high incidence of child labour, especially in rural areas, and the exploitation of children engaged in agriculture, domestic work, informal trading and other services. The Committee is also concerned about the low remuneration that children receive which is well below the minimum wage. (para 27)
The Committee strongly recommends that the State party address the problem of street children and reintegrate them into mainstream society. (para 48)
Child labour: The Committee urges the State party to take effective measures to reinforce existing laws on child labour and to improve its monitoring mechanisms in order to ensure that those laws are enforced and to protect children from economic exploitation. In this regard, the Committee urges the State party to consider ratifying the ILO Worst Forms of Child Labour Convention, 1999 (No. 18) (para 49)
The Committee is concerned that the State party is not taking appropriate measures to protect the rights of domestic workers, mostly women and girls, especially with regard to their lack of access to basic social services, their unfavourable working conditions and their wages, which are far below the minimum wage. (para 21)
Asylum-seekers: The Committee is concerned that the asylum-seekers who, while waiting for a decision on their status, which takes a long time, are denied access to basic social services, including hospital care. The Committee is also concerned that children of asylum-seekers who have not yet been granted refugee status cannot enrol in school unless they are able to pay tuition fees. (para 33)
The Committee urges the State party to expedite the consideration of the applications of asylum-seekers and to provide them with basic social services, including hospital care and free education for their children. (para 54)
Education: The Committee is concerned about the low rate of primary school enrolment and about the high rate of illiteracy in Senegal, especially among women. The Committee is also concerned that the State party is no longer always hiring trained teachers, but employs at lower wages unskilled teachers as volunteers, and that the number of drop-outs among primary and secondary school pupils is significant. (para 34)
The Committee recommends that the State party establish literacy programmes for adults and intensify its efforts to increase the school attendance of children, especially at the primary level, and address the problem of drop-outs among primary and secondary pupils. (para 57)
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(CCPR/C/79/Add.82)
Last reported: 21 – 22 October 1997
Concluding Observations issued: 19 November 1997
Concerns raised:
Health: (…) The Committee continues to be especially disturbed at the persistent custom of female genital mutilation, which violates articles 6 and 7 of the Covenant, and the high rate of maternal mortality which results from that practice, from early child birth and from the strict prohibition of abortion. It recommends that judges and lawyers make use of ordinary criminal law provisions to deal with instances of female genital mutilation until a specific law for this offence, the adoption of which the Committee strongly supports, is enacted. In this regard: (…) it urges the State party to abolish practices prejudicial to women’s health and to reduce maternal mortality. (…) (para 12)
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/SEN/CO/3-7
Last reported: 7 July 2015
Concluding Observations adopted: 24 July 2015
Issues raised:
Legislative framework and discriminatory laws: The Committee is concerned about: ... (b) The very long delays in revising the discriminatory provisions contained in the domestic law, in particular the discriminatory provisions contained in the Family Code, including provisions related to the different minimum age of marriage for girls and boys, the husband being the head of household and polygamy.The Committee recommends that the State party: (a) Finalize within a clear time frame and as a priority the process of legislative reform; (b)Accelerate, in particular, the revision of the Family Code, with a view to bringing the legislation in conformity with the Convention and ensuring that all discriminatory provisions are repealed, including those related to the different minimum age of marriage for girls and boys (article 111), the husband being the head of household (articles 227 and 152) and polygamy (article 116); and (c) Strengthen information and awareness-raising campaigns for local, traditional and religious leaders and the general public, especially in rural areas, on the negative effects of discriminatory legal provisions. (Para. 8 & 9)
Stereotypes and harmful practices: The Committee welcomes the adoption of Law No. 99-05 of 29 January 1999 criminalizing female genital mutilation and of the second national action plan to accelerate the elimination of the practice of female genital mutilation (2010–2015), as well as the measures taken to raise awareness among the population on harmful practices. However, it is concerned at the persistence of adverse cultural norms, practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society. It notes that stereotypes contribute to the persistence of violence against women as well as harmful practices, including female genital mutilation, levirate and sororate, child marriage, polygamy, repudiation, and food prohibitions or taboos. The Committee is also concerned that the State party has not taken sufficient action to modify or eliminate such stereotypes and harmful practices. The Committee recommends that the State party: (a) Ensure the effective implementation of Law No. 99-05 of 29 January 1999 criminalizing female genital mutilation and of the second national action plan to accelerate the elimination of female genital mutilation (2010–2015); and (b) Put in place a comprehensive strategy, in conformity with articles 2 (f) and 5 (a) of the Convention, to eliminate stereotypes that discriminate against women and harmful practices such as female genital mutilation, levirate and sororate, child marriage, polygamy, repudiation, and food prohibitions or taboos. Such measures should include concerted efforts, within a clear timeframe and in collaboration with civil society, the school system, the media and traditional leaders, to educate and raise awareness about negative gender stereotypes and harmful practices, targeting women and girls as well as men and boys at all levels of society (Para. 18 & 19).
Trafficking and exploitation of prostitution: The Committee welcomes the adoption of Law No. 2005-06 of 10 May 2005 on combatting trafficking in persons and similar practices and the protection of victims, and of the national plan to combat trafficking in persons, particularly women and children, in 2009. However, it is concerned about: (a) The absence of a clear definition of trafficking in persons in the domestic legislative framework; (b) The lack of data on the extent of trafficking in women and girls to, from and transiting through the State party; (c)Cases of trafficking of women and girls who are domestic workers, “internet brides” and women and girls subjected to forced labour, sexual exploitation, trafficking and forced begging, such as talibe children forced to beg;..The Committee recommends that the State party: (a) Incorporate a clear definition of trafficking in persons in Law No. 2005-06 of 10 May 2005 on combatting trafficking in persons and similar practices and the protection of victims, in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol); (b)Carry out a study on the prevalence of trafficking in women and girls and prostitution in the State party and continue to update data; (c) Ensure the effective implementation of Law No. 2005-06 of 10 May 2005 on combatting trafficking in persons and similar practices and the protection of victims, and of the national plan to combat trafficking in persons, particularly women and children, adopted in 2009;.. (f) Combat trafficking in women and girls for purposes of domestic work, internet marriages, forced labour, sexual exploitation and forced begging in particular by talibe children, and consider ratifying ILO Convention No. 189 (2011) concerning decent work for domestic workers (Para. 22 & 23).
Education: The Committee welcomes the allocation of a large part of the State budget to education, the large number of measures taken to increase access to education for women and girls, and the issuance of Circular Letter No. 004379 of the Ministry of Education dated 11 October 2007 authorizing pregnant girls to continue their education after childbirth. However, the Committee remains concerned about: (a) The low enrolment rates of girls at the secondary and tertiary levels of education and the high drop-out rates of girls at all levels of education due to, among others, early marriages, unequal share of domestic responsibilities, preference given by parents for their sons’ education, and teenage pregnancies; (b) The under-representation of girls in traditionally male-dominated fields of education, especially in technical branches; (c) The high rate of sexual violence against girls and sexual harassment of girls on the way to school and in schools, including by teachers; (d)The low number of female teachers at all levels of education and of women at decision-making positions in the education system; and (e) The disproportionately high illiteracy rate of women, in particular among rural women; The Committee recommends that the State party: (a) Raise awareness among communities, families, students, teachers and Community leaders, especially men, about the importance of women’s and girls’ education; (b) Ensure equal access and equal retention rates of girls into all levels of education for girls and young women in law and in practice, and retain girls in schools, including by strengthening incentives for parents to send their daughters to school, eliminating early marriages, reducing the distance of travel to schools, and raising awareness among communities, families, students, teachers and community leaders, especially men, about the importance of women’s and girls’ education; (c) Encourage women and men to choose non-traditional fields of education and careers and institute temporary special measures to increase the take-up rate of girls in non-traditional disciplines; (d) Implement a zero-tolerance policy with respect to sexual violence and sexual harassment in and on the way to schools and ensure that perpetrators, including teachers, are punished appropriately; (e) Increase the number of female teachers at all levels of education and the number of women at decision-making positions in the education system; (f) Conduct literacy campaigns for women, in particular in rural areas; and (g) Ensure the monitoring and implementation by school principals of Circular 004379 of 11 October 2007 and ensure that pregnant girls and young mothers have continued access to education and re-entry into mainstream education. (Para. 26 & 27).
Employment: The Committee welcomes the adoption of the 2009-2015 Plan for the implementation of the National Strategy on Gender Equality and Equity which includes a number of measures for economic empowerment and autonomy of women. However, it remains concerned about:.. (d) The existence of discriminatory legal provisions: (i) allocating child benefits only to the father (article 21 of the Code of Social Security); (ii) excluding the children of a deceased employed woman from her pension benefits (article 87 of the Code of Social Security); and (iii) extending the time-limit for entering in the civil service when the applicant has a dependent child, given that children are usually considered as dependent on the father only (Article 20 of Law n°71-31 of 12 mars 1971 amending Law N°61-33 of 15 June 1961 on the general status of civil servants and article 6 alinéa 2 of the Code of Social Security)... (d) Review discriminatory legal provisions: (i) allocating child benefits only to the father (article 21 of the Code of Social Security); (ii) excluding the children of a deceased employed woman from her pension benefits (article 87 of the Code of Social Security); and (iii) extending the time for entering in the civil service when the woman has a dependent child, given that children are usually considered as dependent on the father only (Article 20 of Law n°71-31 of 12 mars 1971 amending Law N°61-33 of 15 June 1961 on the general status of civil servants and article 6 alinéa 2 of the Code of Social Security). (Para. 28 & 29)
Health: The Committee welcomes the numerous measures taken by the State party to address maternal mortality, as well as expand the coverage of universal health coverage. However, the Committee remains concerned about: (a)The persistent high rates of maternal mortality, the limited health infrastructures for pregnant women; the insufficient number of skilled personnel attending birth; and women’s limited access to essential obstetric care;m(b) The lack of comprehensive education on sexual and reproductive health and rights and family planning services, and limited access to modern contraceptives; The Committee recommends that the State party: (a) Strengthen measures to reduce the maternal mortality rate and ensure the provision of essential obstetric care for pregnant women; (b) Introduce age appropriate school education on sexual and reproductive health and rights, conduct awareness-raising campaigns about modern contraceptive methods in local languages, and increase access to safe and affordable contraceptives across the State party (Para. 30 & 31).
Disadvantaged groups of women: The Committee is concerned about overcrowding in detention centres and prisons for women and women detainee’s lack of access to adequate health care. The Committee recommends that the State party:..(b) Encourage the use of alternative measures to detention, especially for pregnant women and women with children... (Para. 34 & 35).
Marriage and family relations: The Committee is concerned about: (c) The persistent practices of polygamy, child and early marriages, and levirate marriages, and the lack of criminalization of marriages with a child aged between 13 and 18 years; and (c) The persistent practices of polygamy, child and early marriages, and levirate marriages, and the lack of criminalization of marriages with a child aged between 13 and 18 years; and The Committee recommends that the State party: (i) Raise the legal minimum age of marriage to 18 years for girls, to be equal to that for boys; discourage and prohibit polygamy as well as early and child marriage under the age of 18; and include adequate sanctions for violations of these provisions (ii) Repeal without delay all discriminatory provisions in the Family Code, including those relating to the different minimum age of marriage for girls and boys (article 111); the husband being the head of household (articles 277 and 152); the choice of the family’s place of residence by the husband (article 153); the father’s name granted to the child (article 3); polygamy (article 116); discrimination in the consequences of breach of marriage (article 116 and 133); and discrimination against Muslim women with regard to their right to inheritance (article 637); (b) Eliminate the persistent practices of polygamy, child and early marriages, and levirate marriages (Para. 37 & 38).
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Last reported: 27 January 1994
Concluding Observations issued: 2 April 1994
Concerns raised:
No mention of children’s rights
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UN Committee on the Rights of Persons with Disabilities
Ratified in 2010, but not yet reported.
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UN Committee on Enforced Disappearance
Ratified in 2008, but not yet reported.