SINGAPORE: Child Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Singapore - 11th Session - 2011
6 May, 9am to 12pm

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National Report
UN Compilation
Stakeholder Information
Accepted and rejected recommendations

National Report

16. As Singapore developed, it has progressively enhanced the protection of human rights, particularly the rights of specific groups such as women, children, migrant workers and the disabled.

29. Singapore is a State Party to the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict, as well as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Singapore acceded to the 1949 Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide. Singapore has ratified the UN Convention Against Corruption. Singapore acceded to the Hague Convention on Civil Aspects of International Child Abduction (HCCAICA) in December 2010.

30. Singapore is also a party to many Conventions under the International Labour Organisation (ILO). These include the Forced Labour Convention, 1930 (No. 29), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100), the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention 1999 (No. 182). Most recently, Singapore ratified the Tripartite Consultation (International Labour Standards) Convention 1976 (No. 144) in 2010.

31. Singapore is a member of the Association of Southeast Asian Nations (ASEAN) and is hence represented on the ASEAN Intergovernmental Commission on Human Rights, the overarching human rights institution in ASEAN, as well as on the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children. Singapore is also involved in developing an ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers.

36. To ensure that all our children are equipped with a common core of knowledge, the Government passed the Compulsory Education Act3 in 2003, which mandates compulsory education for the first 6 years of primary education. More than 98% of students complete at least 10 years of general education, and more than 93% proceed to post-secondary institutions. The Government ensures education is affordable for all through subsidies and financial assistance.

37. The "ability-based, aspirations driven" model of education today is based on the belief that every child has different talents and these should be realised to their fullest. To provide greater choice, specialised schools focusing on sports, mathematics and science, science and technology, and the arts have been created. There are also schools for students who are unable to progress through the mainstream academic system and are at risk of prematurely leaving school. Singapore's education system aims to develop all-rounded individuals – morally, intellectually, physically, socially and aesthetically.

39. The World Health Organisation's World Health Report ranks Singapore's healthcare system the best in Asia and 6th best in the world. Life expectancy in 2008 was 80.9 years, having risen from just 60 in 1965. Singapore's infant mortality was 2.1 per 1,000 live births in 2008, one of the lowest in the world, compared to 26.3 per 1,000 live births in 1965.

58. From time to time, the Government shares its fiscal surpluses with Singaporeans such as through the S$2.6 billion Progress Package in 2006, and the S$2 billion Growth Dividends package in 2008. In disbursing such packages, greater weight is given to lower income groups, senior citizens and school children. The Government has also introduced assistance packages in times of need, such as the S$4 billion Goods and Services Tax (GST) Offset Package in 2007–2010 to help offset the GST increase from 5% to 7%, and the S$2.6 billion Resilience Package in 2009 to help Singaporeans cope with the economic downturn.

67. The Government provides all Singaporean children, girls as well as boys, equal access to quality education. As a result, Singapore has achieved a high literacy rate for women. The literacy rate of resident females aged 15 years and over was 94.7% in 2009, up from 89% in 2000. Female students make up more than half the full-time intake at local universities. Indeed, women are now well represented in subjects that were traditionally viewed as male domains. For example, in the 2009 intake at Singapore universities, women made up 58.5% of the health sciences course, 58.5% of the architecture & building course and 57.3% of the natural, physical and mathematical science course.

74. To protect minors and women, Singapore has enacted robust laws against Trafficking in Persons (TIP). These include specific provisions in the Penal Code, Children and Young Persons Act, and the Women's Charter. The law also empowers the Singapore Police Force to act against offenders who operate overseas. These laws cover all acts leading up to the commission of the primary offence in Singapore, even if such acts were committed overseas.

77. The Government considers the welfare of children as a shared responsibility among the different stakeholders – government agencies, voluntary welfare organisations, the community and the family. This 'Many Helping Hands' approach allows all stakeholders to take collective ownership of children's issues. Singapore sees the family as the foundation safeguarding a child's welfare. An inter-ministry committee was formed in 2009 to identify help for dysfunctional families. The National Family Council, which comprises public and people sector representatives, also seeks to promote resilient families.

78. Singapore provides all children with quality healthcare. These include health screening in schools, childhood immunisation programme, promoting adolescent health, particularly mental health, obesity, smoking, alcohol consumption and sexual health.

79. Singapore provides all its children with educational opportunities. Aside from mandating primary school education, Singapore makes education affordable through subsidies and financial assistance. Singapore has also taken steps to improve the quality of early childhood education.

80. Singapore provides support for the education of children from low-wage families. The Ministry of Education's Financial Assistance Scheme provides needy students with fee waivers, free textbooks and school attire, and bursaries. The Kindergarten Financial Assistance Scheme and Centre-Based Financial Assistance for Childcare provide fee subsidies to low-income Singaporean families to support their children's pre-school education and childcare. Singapore's pre-school participation rate is among the highest in the world. As of October 2010, 98.8% of pre-school aged children in Singapore attend pre-school. The Healthy Start Programme provides intensive intervention services for young children and their parents from at-risk families.

81. Singapore has a robust child protection framework, comprising relevant legislation in the Children and Young Persons Act, the Women's Charter, the Penal Code, the Films Act and the Undesirable Publications Act, which criminalises the sale of child pornography.

82. Any child in Singapore who is a victim of exploitation is extended protection and assistance, regardless of nationality. Community partners, law enforcement officers, teachers and school counsellors are trained to detect and manage child abuse cases. The National Family Violence Networking System, which links the Police, hospitals, social service agencies, the Courts and Ministries, ensures that assistance is timely and help is within reach.

83. The judicial system in Singapore is sensitive to the needs of children. Apart from a separate justice system for children who come into conflict with the law, a Children Care Court, established in May 2008, oversees proceedings pertaining to the care and protection of children. In 2008, the Family Court introduced a less adversarial approach in hearing custody cases through the CHILD Programme. The Court directs litigation in such a way that the focus is on the child's best interests.

84. To better fulfil its obligations under the CRC and other international conventions, Singapore has amended the Singapore Constitution and several pieces of legislation. The Penal Code was amended in 2007 to extend extra-territorial jurisdiction over Singaporeans who sexually exploit minors overseas, and to prevent child sex tourism. The Employment Act was amended in 2004 to raise the minimum working age for children and young persons from 14 to 15 in line with the ILO Minimum Age Convention. The minimum age in exceptional cases to work in light work was also raised from 12 to 13.

85. Singapore supports international and regional platforms on child welfare. In November 2008, Singapore adopted the Rio de Janeiro Pact to Prevent and Stop Sexual Exploitation of Children and Adolescents. Singapore passed the International Child Abduction Act in September 2010 to operationalise the HCCAICA, providing an avenue for expeditious and transparent resolution of trans-border custodial disputes. This is in line with Singapore's commitment to protecting the best interests of children.

86. Singapore is a member of the Child Wise Regional Taskforce, which looks at responses within ASEAN to child sex tourism issues. Singapore is also part of the Regional Education Campaign against Child Sex Tourism, together with ASEAN member-states and Australia.

87. More details on Singapore's progress in ensuring the welfare of its children can be found in Singapore's Initial Report and the combined Second and Third Periodic Report to the Committee on the Rights of the Child at "http://app.mcys.gov.sg/web/indv_uncrc.asp".

158. We are considering the feasibility of accession to several international human rights treaties, including:

• The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography;

OHCHR Compilation of UN information

3. The Committee on the Rights of the Child (CRC) regretted that Singapore maintained its declarations on articles 12 to 17, 19 and 37 and its reservations to articles 7, 9, 10, 22, 28 and 32, and recommended that Singapore withdraw these declarations and reservations. CRC also recommended that Singapore ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography as well as the 1993 Hague Convention No. 33 on Protection of Children and Cooperation in Respect of Inter-country Adoption. CRC further recommended that Singapore consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol. CRC welcomed the ratification of the 1973 ILO Convention (No. 138) concerning Minimum Age for Admission to Employment in 2005.

4. CEDAW and CRC recommended that Singapore ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.

8. CRC welcomed amendments to several pieces of legislation in the area of child rights, including the Penal Code, and the Children and Young Persons Act, which contributed to the improvement of children's living conditions and development. More specifically, CRC welcomed as positive development the criminalization of child sexual exploitation through the amendment of the Penal Code in 2007, and the amendment of article 122 of the Constitution in 2004, allowing children to acquire citizenship through their Singaporean mothers. However, CRC noted with concern that in spite of recent legislative developments, the Convention had not yet been fully incorporated into domestic legislation. CRC urged Singapore to ensure that all the principles and provisions of the Convention were fully incorporated into the domestic legal system.

10. CRC urged Singapore to establish an independent mechanism to regularly monitor fulfilment of the rights of children under the Convention, and to receive and independently investigate complaints on the violations of the rights of children. Such a body should be accessible to all children and be provided with the necessary human, financial and technical resources. CRC welcomed the establishment of the National Family Council (NFC) in May 2008, and the establishment of the Central Youth Guidance Office (CYGO) and the Office of Public Guardian in 2010.

12. CRC noted as positive the development of various sectoral strategies concerning children. However, it was concerned that the strategies were rarely accompanied by concrete action plans for their implementation. CRC remained concerned that Singapore had not developed a comprehensive national plan of action on the implementation of the Convention. It recommended that Singapore harmonise its various strategies on children and families under a comprehensive national plan of action for children. The national plan should be rights-based and cover all principles and provisions of the Convention. It should be linked to national development plans, strategies and budgets and should contain specific time-bound and measurable goals and targets to effectively measure progress in the enjoyment of all rights by all children.

18. CRC reiterated its concern that the principle of non-discrimination was restricted to citizens and did not apply to all children within Singapore's jurisdiction, irrespective of the status of their parents, in accordance with article 2 of the Convention. Furthermore, CRC was concerned about reports that discrimination against girls, children with disabilities and non-residents still persisted. CRC urged Singapore to revise its legislation to respect and ensure the rights set forth in the Convention to all children, in particular girls, children with disabilities and children of foreign origin, without discrimination of any kind; and to adopt a comprehensive strategy addressing all forms of discrimination, including multiple forms of discrimination against all groups of children in vulnerable situations, and to combat discriminatory societal attitudes.

19. While welcoming the April 2004 amendment to the Constitution which allows children to acquire citizenship by descent from their mothers, CRC noted with concern that the amended law was applied only to children born after 2004. CRC was concerned that there were still many stateless children and that, under specific circumstances, children could be deprived of their citizenship under article 129(2)(a) or 134(1)(a) of the Constitution. CRC recommended that Singapore revise its nationality law with a view to preventing children from being deprived of their citizenship, and to consider granting citizenship to all children of Singaporean mothers born before 2004. CEDAW requested Singapore to provide foreign wives with work permits and to develop a system whereby foreign wives would be granted citizenship within a clear and reasonable timeframe, instead of considering citizenship applications on a case by case basis.

22. While noting the education programmes and guidelines on restricting and discouraging the use of corporal punishment, CRC reiterated its concern that corporal punishment, including caning, was still considered a lawful form of discipline in the family, schools and institutions. CRC recommended that the State party prohibit all forms of corporal punishment, continue to systematically train teachers and personnel working in institutions and youth detention centres on non-violent forms of discipline as an alternative to corporal punishment, continue to sensitize and educate parents, guardians and professionals working with children on the harmful effects of corporal punishment, with a view to changing the general attitude towards this practice, and promote non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment.

25. In 2010, the Committee of Experts, with reference to the Children and Young Persons Act and the Penal Code of Singapore, stated that provisions therein did not cover the full range of prohibitions contemplated in Article 3(b) of the Worst Forms of Child Labour Convention (No. 182), namely, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances. The Committee of Experts urged Singapore to take the necessary measures to bring the legislation into conformity with this article in the Convention.

26. The ILO Committee of Experts further noted that, according to section 6 of the Children and Young Persons Act, a person who caused or procured a person under 16 years of age to be in any street, premises or place for the purpose of begging or carrying out illegal activities such as gambling or other activities detrimental to the health or welfare of the child, committed an offence. The Committee of Experts noted that, by virtue of article 3(c) of the Worst Forms of Child Labour Convention, the use, procuring or offering of a child for illicit activities, constituted one of the worst forms of child labour and was therefore prohibited for children below 18 years of age. The Committee of Experts requested Singapore to take the necessary measures to extend the prohibition in the Act to all persons under 18 years.

28. While noting with appreciation the existence of a separate juvenile justice system in the State party and welcoming, in particular, the establishment of the Children Care Court in May 2008, and the introduction of the dedicated court process, CHILD (Children's Best Interests, Less Adversarial), in July 2008, CRC remained concerned that the minimum age of criminal responsibility remained very low at 7 years, that corporal punishment and solitary confinement were still used to discipline juvenile offenders, and that many offences were punishable by caning for males between the ages of 7 and 16 years. CRC was also concerned that persons convicted of an offence committed under the age of 18 may be sentenced to life imprisonment; and that children between 16 and 18 years of age continued to be tried in adult courts. CRC recommended that Singapore continue to strengthen its efforts to ensure the full implementation of juvenile justice standards, and in particular that it urgently raise the minimum age of criminal responsibility that it prohibit the use of corporal punishment and solitary confinement for juvenile offenders, that deprivation of liberty only be applied as a measure of last resort; that the sentence of life imprisonment not be applied to children under the age of 18; and that the special protection provided for under the Children and Young Persons Act be extended to children between 16 and 18 years of age.

30. CRC expressed concern at the handling of the Children Beyond Parental Control system, under which parents can file a formal complaint with the Children Care Court and children between 8 to 16 years of age can be placed in institutions, sometimes in the same institutions as juvenile delinquents. CRC recommended that Singapore review its policies on Children Beyond Parental Control with a view to ensuring that the institutionalisation of children be used as a measure of last resort and only under appropriate judicial oversight, undertake a study on the efficacy of the present system and its impact on children, and provide counselling, parental skills training and appropriate therapy, as needed, as the first priority.

39. While noting that Singapore had amended the Employment Act in 2004 and raised the minimum age of employment from 12 to 13 years, CRC was concerned that the minimum age of employment was still lower than the age of compulsory schooling. CRC recommended that CRC strengthen its efforts to prevent all children within its jurisdiction from being economically exploited and that it raise the minimum age of employment with a view to harmonizing it with the age for the end of compulsory schooling (15 years).

43. CRC noted with appreciation the excellent level of health indicators for children and the wide availability of high-quality health-care services. CRC recommended among others that Singapore strengthen its programme to promote healthy adolescent lifestyles, and that it adopt a comprehensive policy on adolescent health, including reproductive health.

44. CRC was concerned that not all children were covered by the Compulsory Education Act or had access to free primary school. CRC was also concerned that the highly competitive nature of the education system risked hampering the development of children to their fullest potential. CRC recommended that Singapore extend the Compulsory Education Act to include all children, including non-citizens, ensure that all children have access to free primary education, review its school and academic system to reduce school-related stress and high competitiveness, strengthen and accelerate efforts to support Malay students in their academic development, and strengthen efforts to include human rights education in the official curriculum at all levels of education.

45. CRC noted that the authorities provide funding and training to the Special Education Schools for children with disabilities, but was concerned that the Special Education Schools are run by voluntary welfare organisations and do not come under the purview of the authorities. CRC remained concerned that children with disabilities were still not fully integrated into the education system and that there was still a lack of quantitative and qualitative data on children with disabilities and their needs. CRC recommended, among others, that Singapore extend the Compulsory Education Act (2003) to include all children with disabilities, provide inclusive education to children with special needs, provide training from a child rights perspective for professional staff working with children with disabilities, such as teachers, social workers and medical, paramedical and related personnel, allocate more resources to ensure that children with disabilities have timely access to early intervention services and integration within mainstream schools, and strengthen support to families with children with disabilities.

50. Concerning follow-up to the United Nations Study on violence against children, CRC recommended that Singapore co-operate with the Special Representative of the Secretary-General on violence against children, and seek assistance from the United Nations Children's Fund (UNICEF), Office of the High Commissioner for Human Rights (OHCHR), World Health Organization (WHO), International Labour Organization (ILO), United Nations Educational, Scientific and Cultural Organization (UNESCO), Office of the United Nations High Commissioner for Refugees (UNHCR), United Nations Office on Drugs and Crime (UNODC), as well as NGO partners.

51. With regard to its observations on the administration of juvenile justice, CRC recommended that Singapore make use of the technical assistance tools developed by the United Nations Interagency Panel on Juvenile Justice and its members, which include UNODC, UNICEF, OHCHR and NGOs, and seek technical advice and assistance, as needed, from the members of the Panel.

Summary of stakeholders' information

1. Joint Submission 1 (JS1) noted that Singapore remained on record with some of the least number of ratifications of international human rights conventions and to date had only acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), in addition to the Optional Protocol to the Convention on the Rights of the Child on the involvement of Children in armed conflict. JS1 also recalled that Singapore had placed many reservations on key principles of the two conventions to which it had acceded.

4. JS1 and TC also recommended that Singapore accede to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

6. JS4 further recommended that Singapore ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children Supplementing the United Nations Convention against Transnational Organized Crime; and the Convention relating to the Status of Refugees and its Protocol.

22. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment was lawful in the home and in schools. GIEACPC further noted that in the penal system, corporal punishment was lawful as a sentence for crime and as a disciplinary measure in penal institutions, including the Singapore Boys Home, where it was applied to boys as young as 13. In the military, the Singapore Armed Forces Act (1972) and the Singapore Armed Forces (Disciplinary Barracks) Regulations (1990) allowed for caning up to 24 strokes for a variety of offences, including for boys below the age of 18. Boys under 16 could be caned up to 10 strokes. In this context, GIEACPC noted that military service was compulsory for all males. Corporal punishment was explicitly prohibited in child-care centres, but there was no prohibition of corporal punishment in other forms of childcare.

53. JS2 noted that the Compulsory Education Act (CEA) excluded children with disabilities, and that it was not known how many children remained at home.

54. JS2 also noted that the Government had in recent years built 55 schools that were completely accessible to children with physical disabilities. Overall, one out of eight schools was fitted with full facilities for easy access to pupils with physical disabilities. In these schools, special equipment was provided for children with sensory disabilities, and resource teachers and special needs officers were deployed. JS2 and TC indicated that not all special education schools catering to children with disabilities were under the full purview of the Ministry of Education (MOE). There were 20 of such schools run by non-state welfare service providers, also known as Voluntary Welfare Organisations (VWOs), with only partial funding from MOE.

Accepted and Rejected Recommendations

The following recommendations were accepted:

A - 94.3. Continue applying programmes and measures aimed at ensuring universal access of its population to its excellent educational and health services and maintain the highest possible quality of these services (Cuba);

A - 94.4. Continue its commitment in assisting the enrolment of poor children in education and ensuring their health care (Oman);

A - 94.6. Continue with its plans to guarantee the right to education (Saudi Arabia); continue the programme of the provision of quality education including new investments in the development of education (Zimbabwe); continue efforts in developing and improving the quality of education so as to preserve human dignity and development in the country (Qatar);

A - 94.13. Continue its efforts in protecting the rights of specific groups such as women, children, the disabled, the aged and migrant workers (Brunei Darussalam);

A - 94.19. Consider ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Belarus, Philippines);

A - 95.3. Accelerate effective implementation of the recommendations of the 2007–2011 Enabling Masterplan of the Ministry of Community Development, Youth and Sports and the National Council of Social Service to review and plan services for persons with disabilities (the Sudan);

A - 95.11. Ensure the incorporation into the domestic legal system of the principles and provisions of the Convention on the Rights of the Child (CRC) (Egypt);

A - 95.12. Increase attention to programmes for broken families (Oman);

A - 96.2. Consider ratifying other core international human rights instruments, starting with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the instruments mentioned in paragraph 158 of the report, as well as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) (Algeria); continue to take appropriate measures at the national level with a view to ratifying international human rights instruments, notably those mentioned in paragraph 158 of the national report, including

A - the Convention on the Rights of Persons with Disabilities (CRPD),

A - ICERD, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC) (Morocco); Consider acceding to ICERD, OP- CRC-SC and CRPD (Swaziland); consider expediting becoming a party to ICERD, CRPD and OP- CRC-SC (India);

96.3. Accede to the following human rights instruments:

A - CRPD,

A - the ICERD and the OP-CRC-SC (Sudan);

A - 96.7. Accede to OP-CRC-SC (Iraq, Poland, Afghanistan);

A - 96.8. Consider ratifying core international human rights treaties to which Singapore is not yet a party (ICCPR, the International Covenant on Economic, Social and Cultural Rights (ICESCR), ICERD), the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), OP-CRC-SC, and CRPD with its Optional Protocol (Slovenia);

A - 96.10. Ratify ICCPR and ICESCR and other core international human rights treaties, such as CAT, CRPD and ICERD, and their optional protocols; and withdraw its reservations on key principles of CRC and CEDAW (Czech Republic);

A - 96.19. Take measures in order to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Republic of Moldova);

A - 96.21. Implement the recommendations of treaty bodies with regard to the implementation of Singapore's commitments under CEDAW and CRC (Slovenia);

A - 96.37. Harmonize its various strategies on children and families under a comprehensive national plan of action for children, and further consider the accession to OP-CRC-SC (the Republic of Moldova);

A - 96.38. Adopt a comprehensive strategy addressing all forms of discrimination against all groups of children (Poland);

The following were rejected:

R - 96.39. Establish an independent body monitoring the fulfilment of child rights empowered to receive and investigate complaints on the violations of the rights of the child (Poland).

R - 97.8. Put an end to all practices of corporal punishment that takes place in educational facilities and detention centres (Djibouti);

R - 97.9. Actively review the level of protection of children within the criminal justice system, through raising the age of criminal responsibility and avoid the trying of cases involving children between the ages of 16 and 18 in adult courts (Trinidad and Tobago);

R - 99.5. Prohibit corporal punishment and put in place an educational system respectful of the physical and psychological integrity of minors (Switzerland);

R - 99.6. Fully incorporate the principles and provisions of CRC into the domestic legal system, especially those regarding corporal punishment (Poland);

No recommendations were left pending

Countries

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