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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: __________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, January 2012) The Committee is concerned that there is no law that specifically defines and prohibits human trafficking, including child trafficking. It is also concerned about the lack of mechanisms to identify child trafficking victims and provide them with protection and rehabilitation services, as well as the lack of mechanisms to coordinate information on trafficking among Government entities. The Committee recommends that the State party: (a) Introduce a law that clearly defines human trafficking, including child rafficking, and establish penalties commensurate with the gravity of the crime; (b) Strengthen measures to protect children who are victims of trafficking and prostitution, and bring perpetrators to justice; (c) Train law enforcement officials, judges and prosecutors on how to receive, monitor and investigate complaints in a child-sensitive manner that respects confidentiality and the best interests of the child, and establish a coordinating mechanism among the relevant entities; (d) Implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims, in accordance with the outcome documents adopted at the World Congresses against Commercial Sexual Exploitation of Children held in Stockholm, Yokohama and Rio de Janeiro in 1996, 2001 and 2008, respectively; (e) Prioritise the rehabilitation of child victims of trafficking and ensure that education and training, as well as psychological assistance and counselling, are provided to them; (f) Negotiate bilateral and multilateral agreements with countries concerned, including neighbouring countries, to prevent the sale, trafficking and abduction of children, and develop joint plans of action between and among the countries involved. (Paragraphs 65 and 66) Universal Periodic Review (May 2011) A - 100.41. Adopt and implement measures to protect women and children from domestic violence, sexual exploitation and trafficking in persons (Ecuador); (accepted) __________________________________________________ Sexual abuse and exploitation of children UN Committee on the Rights of the Child (Concluding Observations, January 2012) The Committee notes with appreciation the State party's efforts to raise awareness of the harmful consequences of violence against children, including sexual exploitation and abuse, by adopting, among others, the National Strategy on Domestic Violence (2010- 2011) and producing television clips and leaflets to educate the public. However, the Committee is deeply concerned at the prevalence of sexual exploitation and abuse of children, both boys and girls, the incidence of child sex tourism and the lack of data on the victims of these violations as well as on the number of complaints, investigations and prosecutions in this regard. The Committee also expresses concern that no comprehensive study has been conducted on these issues and that social attitudes and misconceptions continue to regard victims of sexual exploitation and abuse more as instigators and active participants, rather than as victims. In light of its general comment no. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee urges the State party to: a) Continue its efforts to raise awareness of the public and strengthen early detection, prevention and protection mechanisms; b) Conduct research on the nature and extent of sexual exploitation and abuse of boys and girls, including child sex tourism, and provide data on the number of complaints, investigations and prosecutions conducted in this regard; c) Undertake a comprehensive study of the root causes of child sexual exploitation and child prostitution to assess the magnitude of the problem, propose durable solutions to address the root causes and evaluate the availability and appropriateness of preventive measures as well as services for the care, protection, recovery and social reintegration of victims; d) Ensure that specific training is provided to judiciary and law- enforcement officials so as to change any misconceptions towards child victims and to enable them to expeditiously handle sensitive cases involving children. The Committee recommends that the State party take into account the outcome documents adopted at the 1996, 2001 and 2008 World Congresses against Commercial Sexual Exploitation of Children held in Stockholm, Yokohama and Rio de Janeiro, respectively. (Paragraphs 63 and 64) Universal Periodic Review (May 2011) A - 100.41. Adopt and implement measures to protect women and children from domestic violence, sexual exploitation and trafficking in persons (Ecuador); (accepted) A - 100.44. Strengthen the judiciary system in order to address violence against women and children and high rates of children facing sexual abuse (Norway); (accepted) A - 100.45. Establish effective procedures and mechanisms to receive, monitor and investigate complaints on ill-treatment and abuse of children, including sexual abuse, through a child-sensitive inquiry and judicial procedure, including the protection of the right to privacy of the child (Slovakia); (accepted) __________________________________________________ Inadequate sexual and reproductive health care and education UN Committee on the Rights of the Child (Concluding Observations, January 2012) While noting the National HIV/AIDS Strategic Plan for 2005-2009, the Committee expresses concern that HIV/AIDS prevalence rates, including mother-to-child transmission, and sexually transmitted diseases, are increasing. It is also deeply concerned that the rates of teenage pregnancies and abortions remain very high, and access to contraceptives for adolescents below the age of 18 is a problem. The Committee recommends that the State party take all necessary measures to educate children, adolescents and their families about HIV/AIDS and other sexually transmitted diseases, as well as on the negative consequences of early pregnancy and abortions. It urges the State party to strengthen its adolescent reproductive health programmes, including life skills education, and allow access to contraceptives for adolescents under the age of 18. The Committee recommends that the State party ensure comprehensive health services, confidential counselling and support for pregnant girls. (Paragraphs 54 and 55) Universal Periodic Review (May 2011) A - 100.68. Prioritise access to reproductive health education and contraceptives for adolescent girls, also without parental consent (Norway); (accepted) A - 100.69. Strengthen its intervention programmes for young people to increase their awareness of HIV/AIDS and on a wider basis to provide reproductive health counselling where necessary through the various Government social programmes (Trinidad and Tobago); (accepted) __________________________________________________ Inadequate and inappropriate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, January 2012) The Committee is also concerned that no new correctional facility for children in detention has been built following the closure of the Youth Rehabilitation and Treatment Centre and that some children are detained with adults in the Montagne Posee prison, where conditions are not satisfactory. It is further concerned about the prolonged pre-trial detention, including of children, in the State party, which accounts for a substantial percentage of its prison population. [The Committee] reiterates that the State party: (b) Take necessary measures to expedite trials involving children, with a view to reducing the period of pre-trial detentions; (c) Ensure that children are held in detention only as a last resort and for as short a time as possible and that their detention is carried out in compliance with the law; (d) Ensure that children are not detained together with adults, that they have a safe, child-sensitive environment, maintain regular contact with their families and are provided with food and education, including vocational training; (e) Promote alternative measures to detention such as diversion, probation, counselling, community service or suspended sentences, wherever possible; (f) Make use of the technical assistance tools developed by the United Nations Interagency Panel on Juvenile Justice and its members, including UNODC, UNICEF, OHCHR and NGOs, and seek technical advice and assistance in the area of juvenile justice from the members of the Panel. (paragraphs 68 and 69) Universal Periodic Review (May 2011) P - 100.46. Adopt measures to improve the system of protection of children and adolescents, and in particular, to eradicate child abuse in homes and reform the juvenile justice system (Mexico); (pending) NC - 100.52. Take steps to reform the system for juvenile justice to ensure it is brought into line with international standards set out in CRC (South Africa); (not addressed) __________________________________________________ Low minimum age of criminal responsibility UN Committee on the Rights of the Child (Concluding Observations, January 2012) The Committee is concerned that despite the official minimum age of criminal responsibility of 12 years, children between 8 and 12 years can be prosecuted under certain conditions. [The Committee] reiterates that the State party: (a) Strictly observe the minimum age of criminal responsibility and not prosecute children under the age of 12 under any circumstances (Paragraphs 68 and 69) Universal Periodic Review (May 2011) 100.50. Establish a clear minimum age of criminal responsibility at an internationally acceptable level (Turkey); (rejected) 100.51. Raise the minimum age of criminal responsibility in compliance with international standards (Slovakia); (rejected) __________________________________________________