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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.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/SVN/3
Issued by the Committee: 15-16 March 2016
Published by the Committee: 24 March 2016
Issues raised:
Migrants:
The Committee is concerned at the lack of adequate protection provided to unaccompanied minors and victims of sexual and gender-based violence and/or trafficking who are among the recent migration flow passing through the State party. It also notes with concern the lack of psychosocial support provided to such individuals at entry and exit points, as well as of a formal mechanism to refer victims to assistance. The Committee is also concerned that access to long-term State-funded assistance for victims of trafficking is limited to those who cooperate with law enforcement authorities in investigation and criminal proceedings.
(para.15)
The State party should: Ensure that any response to the influx of asylum-seekers and migrants are in line with its obligations under the Covenant, and regularly review the necessity and proportionality of the measures adopted; Take effective steps to allow persons in need of international protection access to the relevant procedures for international protection, and ensure that any measures taken by the State party, including in relation to bilateral and regional agreements, do not discriminate on the basis of the applicant’s country of origin, arrival or transit; Ensure that the procedure for international protection allows an individual assessment based on the circumstances of each case by trained professionals with legal expertise; Ensure that legal representation of adequate quality is systematically made accessible throughout the entire procedure for international protection; Ensure full respect of the principle of non-refoulement; Consider steps to facilitate the process of family reunification for beneficiaries of international protection.
(para. 16)
Harmful practices:
The Committee is concerned at the instances of child and/or forced marriages among the Roma community; The State party should: Ensure that the prohibition of child and/or forced marriage is effectively implemented in practice, including by effectively investigating and prosecuting such acts, bringing the perpetrators to account, and providing victims with appropriate rehabilitation and counselling services. The State party should also strengthen awareness-raising programmes among the Roma community concerning the harmful impact of child and/or forced marriage.
(paras. 23)
The State party should: Consider repealing the distinction between the two types of status among the Roma community, and strengthen measures aimed at improving the situation of all Roma in the State party; Engage with representatives of the different Roma communities to improve the functioning of and representation of diverse Roma communities in the Roma Community Council, and take effective measures to increase the participation of Roma in public life and decision-making processes; Ensure that the prohibition of child and/or forced marriage is effectively implemented in practice, including by effectively investigating and prosecuting such acts, bringing the perpetrators to account, and providing victims with appropriate rehabilitation and counselling services; Strengthen awareness-raising programmes among the Roma community concerning the harmful impact of child and/or forced marriage.
(para. 24)
Corporal punishment:
The Committee notes that the proposed amendments to the Family Code to prohibit corporal punishment was rejected in a referendum in 2012, and expresses concern that corporal punishment is not explicitly prohibited in the State party.
(para.29)
The State party should take practical steps, including through legislative measures, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.
(para. 30)
CCPR/CO/84/SVN
Last reported: 14 / 15 July 2005
Concluding Observations issued: 25 July 2005
Issues raised:
Trafficking: While the Committee acknowledges the efforts of the State party to address and combat trafficking in women and children, the Committee remains concerned about this phenomenon, and about the lack of prevention and protection mechanisms for victims, including rehabilitation schemes (arts. 3, 8, 24 and 26). (Paragraph 11).
The State party should continue to reinforce its measures to combat trafficking in women and children and prosecute and punish perpetrators. Protection should be provided to all victims of trafficking, including providing a place of refuge and so facilitating their giving evidence against those responsible. Prevention and rehabilitation programmes for the victims should also be established.
Child abuse: The Committee is concerned about the lack of information about abuse, exploitation and maltreatment of children in the State party (arts. 23 and 24). (Paragraph 14).
The State party should reinforce measures to combat abuse, exploitation and maltreatment of children, and strengthen public awareness-raising campaigns regarding children’s rights.
Unaccompanied minors: The Committee is concerned at the reported neglect of unaccompanied minors seeking asylum or illegally residing in the territory of the State party. The Committee, while recognizing that registration is distinct from conferral of nationality, is also concerned that some children are registered at birth without a nationality (art. 24). (Paragraph 15).
The State party should develop specific procedures to address the needs of unaccompanied children and to ensure their best interests in the course of any immigration and related proceedings. The State party should also ensure the right of every child to acquire a nationality.
Roma children: While noting measures undertaken to improve the living conditions of the Roma community, the Committee is concerned that the Roma community continues to suffer prejudice and discrimination, in particular with regard to access to health services, education and employment, which has a negative impact on the full enjoyment of their rights under the Covenant (arts. 2, 26 and 27). (Paragraph 17).
The State party should take all necessary measures to ensure the practical enjoyment by the Roma of their rights under the Covenant by implementing and reinforcing effective measures to prevent and address discrimination and the serious social and economic situation of the Roma
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UN Committee on Economic, Social and Cultural Rights
E/C.12/SVN/CO/2
Adopted by the Committee: 28 November 2014
Published by the Committee: 28 November 2014
Issues raised:
Legislative and policy measures:
The projects: ‘Successful integration of Roma children into education’ 2008-2011, 2011-2014, and ‘Increasing the Social and Cultural Capital in Areas populated by members of the Roma Community’ 2010 (para.4).
Mental health:
The Committee expresses its concern about the shortage of child and adolescent psychiatrists. The Committee is further concerned that despite the adoption of the Mental Health Act in 2008, a related national strategy is still absent (art. 12).
In light of its general comment No. 14 (2000) on the right to the highest attainable standard of health, the Committee recommends that the State party: Ensure that all children and adolescents have effective access to psychiatrists across the State party; and expedite the adoption of the National Mental Health Programme, and provide it with the necessary resources to ensure its effective implementation (para.25).
Education:
The Committee notes with concern the regional disparities in access to education, including tertiary education, with the eastern region of the State party being most affected by the limited access to education (arts. 2.2 and 13).
The Committee recommends that the State party ensure equal access to quality education to all students in the State party without discrimination. To this end, it should enhance access to education including tertiary education in the eastern region, including by adopting temporary special measures (para.26).
The Committee is concerned that Roma children are rarely enrolled in pre-school educational institutions; The majority of Roma children in primary and secondary school are enrolled in classes for children with special needs; Roma children achieve low school performance even at primary level; and, Roma School drop-out rate at all school levels remains high (art. 13).
The Committee urges the State party to strengthen the implementation of and resources allocated to existing measures, and adopt other effective and adequately resourced measures aimed at integrating Roma children in pre-school institutions; ending school segregation; and, reducing school drop-out also through enhancing access and quality of education for Roma (para.27).
E/C.12/SVN/CO/1
Last reported: 7 / 8 November 2005
Concluding Observations issued 25 November 2005
Issues raised:
Roma children: The Committee is concerned about discrimination against the Roma, as well as about the distinction made in practice between indigenous and non-indigenous Roma. The Committee is also concerned that the latter do not enjoy protection of their cultural rights, such as the right to education in their mother tongue, unlike members of other minorities who enjoy this right under bilateral international agreements. (Paragraph 11).
The Committee urges the State party to take measures to combat discrimination between indigenous and non-indigenous Roma and to guarantee access without distinction to Roma children in school. The State party is called upon to take measures to guarantee that education is provided also in the mother tongue of minorities.
Trafficking: The Committee notes with concern that trafficking in women and children is a serious problem in the State party, which is a country of origin, transit and destination for the trafficking of women and children. The Committee regrets the lack of specific legislation to combat this phenomenon, as well as the low number of enforcement measures. (Paragraph 17).
The Committee calls on the State party to take effective measures to combat trafficking in persons, particularly trafficking in women and children, including by ensuring that those responsible for such trafficking are prosecuted. The Committee recommends that the State party should set up services to help the victims of trafficking and take steps to make law-enforcers and the general public more aware of the seriousness of the problem and to sensitize them of the needs of the victims. The Committee also recommends that the State party facilitate the participation of non-governmental organizations in the working group dealing with this issue. In addition, the Committee recommends that the State party should ratify the Council of Europe Convention on Action against Trafficking in Human Beings (No. 197). It also requests the State party to report to it, in its next periodic report, on progress in this regard.
UN Committee on the Elimination of Racial Discrimination
CERD/C/SVN/CO/8-11
Last reported: 1 and 2 December 2015
Concluding Observations issued: 11 DEcember 2015
Issues raised:
Discrimination against Roma: While acknowledging the measures taken to improve the situation of Roma in the State party, including the implementation of the National Programme of Measures for Roma for the period 2010-2015, the Committee remains concerned about the continuing marginalization and precarious socio-economic situation of Roma, which is further exacerbated by the adoption of austerity measures. The Committee is also concerned that the distinction between “autochtonous” and “non-autochtonous” Roma may result in disadvantages for the “non-autochtonous” Roma in the enjoyment of their rights under this Convention . In particular, the Committee is concerned that: (a) Despite the initiatives aimed at addressing education for Roma children, the participation in education is lower and the dropout rate is higher among the Roma communities, particularly girls. [...] (e) The practice of forced and early marriage is prevalent among the Roma population. [...] (para 6)
The Committee recommends that: In light of General recommendation No. 27 (2005) on discrimination against Roma, the State party should ensure the effective implementation of the National Programme of Measures for Roma for the period 2016-2021, as well as its regular monitoring and evaluation. The Committee also recommends that the State party ensure that no discrimination exists between “autochtonous” and “non-autochtonous” Roma in the enjoyment of their rights under this Convention. In addition the State party should: (a) Continue to adopt measures to provide all Roma with effective access to quality education at all levels. [...] (e) Raise awareness of the dangers of early and forced marriage and effectively enforce its prohibition among the Roma communities, and include detailed information on the extent of these practices in its next report. [...] (para 7)
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(CERD/C/SVN/7)
Issues raised:
Roma children and education: While welcoming the various measures adopted by the State party to ensure equal access to education for Roma children including through the “Strategyfor the Education of Roma in the Republicof Slovenia”,theCommitteeis concerned about thepractice of segregating these children in Slovene schools –ordinaryor “special” – whichhasnot yet been completely abolished. (arts. 2, 3 and 5(e) (v)). (Paragraph 9).
TheCommittee, in light of its general recommendation No. 27 (2000) on discrimination against Roma,recommends the State party to takeall necessary measures to eradicate completely the practice of segregating Roma children in theschoolsystem and ensure that they enjoy equal opportunities in access to qualityeducation at all levels. The Committeealso recommends that the State partyensure that all measures provided for in the “Strategy forthe Education of Roma in the Republicof Slovenia” are implemented in practiceand thetime frames, resources, responsibilities, and monitoring mechanisms are clearly set out.
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/SVN/4)
Last reported: 24 October 2008
Concluding Observations issued: 7 November 2008
Issues raised:
Monitoring: The Committee notes with satisfaction the recent establishment of a deputy Ombudsperson on the Rights of the Child within the Ombudsman’s Office dealing specifically with children’s rights. (Paragraph 15).
Taking this into consideration, the Committee encourages the State party to establish a deputy Gender Equality Ombudsperson with a specific mandate to promote the rights of women.
Stereotypes: While noting the State party’s initiatives to eliminate stereotypes, the Committee is concerned at the persistence of stereotypic attitudes towards women and their role in the society, which contribute to women’s disadvantaged position in a number of areas, including in the labour market and access to decision-making positions, and affect women’s choices in their studies and professions. In this respect, the Committee notes the State party’s own acknowledgement of the situation and its concern, expressed during the constructive dialogue, at the persistence of women’s occupational segregation. (Paragraph 21).
The Committee recommends that the State party intensify its efforts to change stereotypic images and discriminatory attitudes and perceptions about the roles and responsibilities of women and girls and men and boys in the family and in society. The Committee also recommends that the State party develop measures aimed at addressing women’s occupational segregation and the diversification of women’s academic and professional choices, including in non-traditional fields
Violence: While welcoming the current legal and other measures undertaken by the State party to eliminate violence against women, in particular the adoption of the Domestic Violence Prevention Act 2008, the Committee remains concerned at the continuing prevalence of violence against women and girls, the number of women murdered by their intimate partners, and the absence of a comprehensive national strategy and programme to combat all forms of violence against women and girls. (Paragraph 23).
The Committee calls upon the State party to address the issue of gender-based violence in a comprehensive manner, in line with general recommendation 19. In this respect, the Committee recommends that the State party develop a comprehensive strategy or action plan to prevent and eliminate all forms of violence against women and girls and an effective institutional mechanism to coordinate, monitor and assess the effectiveness of the measures taken. The Committee further recommends that the State party study and analyse all cases of murders of women by their intimate partners and, on that basis, adopt effective measures to protect women from this particular type of violence. The Committee urges the State party to ensure that a sufficient number of safe crisis centres and shelters are available to women victims of violence, staffed by expert personnel and provided with adequate financial resources for their effective functioning. The Committee requests the State party to provide, in the next periodic report, an analysis of the impact of the implementation of the Domestic Violence Prevention Act on the prevalence of violence against women.
Trafficking: While acknowledging the measures taken by the State party to combat trafficking in women and children, including the amendment of the Penal Code to include a specific provision on trafficking in human beings and the possibility of temporary residence permits for the victims of trafficking, the Committee is concerned at the continuing prevalence of trafficking and the fact that in spite of the initiation of criminal investigations into cases of alleged trafficking and the high number of alleged victims, no sentences on trafficking have yet been issued. (Paragraph 25).
The Committee urges the State party to continue its efforts to combat all forms of trafficking in women and children, in line with article 6 of the Convention. The Committee recommends the expansion of training activities for the judiciary, prosecutors and other public officials and expansion of those activities to relevant non-governmental organizations so as to ensure the prosecution and punishment of perpetrators. The Committee also recommends that the State party pursue international, regional and bilateral cooperation efforts with countries of origin, transit and destination to prevent trafficking and bring perpetrators to justice.
Roma children: While noting the adoption of the Roma Community Act and welcoming achievements made in combating stereotyping of Roma, the Committee is concerned that Roma women and girls remain in a vulnerable situation and subject to discrimination, including with regard to education, health, housing and employment. It is further concerned about the low level of Roma women’s formal education and the school dropout rates among Roma girls. (Paragraph 35).
The Committee urges the State party to take urgent and concrete measures to address stereotypic attitudes towards Roma women and girls, and accelerate their achievement of de facto equality. The Committee recommends that the State party intensify efforts to promote the access of Roma girls to education and their retention in all levels of education, and to address the high rate of unemployment among Roma women. The Committee recommends that the State party collect and make available statistical information pertaining to the education, health, employment and social, economic and political status of Roma women and girls, with a view to developing further specific policies to respond to their needs. It also requests the State party to include that information in its next periodic report.
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UN Committee against Torture
(CAT/C/SVN/3)
Last reported: 10 / 11 May 2011
Concluding Observations issued: 20 June 2011
Issues raised:
Violence: While noting the legal and administrative measures undertaken by the State party to combat gender-based violence and violence against children, the Committee remains concerned about the prevalence of violence against women and girls (see concluding observations of the Committee on the Elimination of Discrimination against Women, CEDAW/C/SVN/CO/4, para. 23). The Committee is also concerned that corporal punishment of children remains lawful at home (arts. 2, 12 and 16). (Paragraph 15).
The Committee recommends that the State party enhances its efforts to prevent, prosecute and punish all forms of violence against women and children, including domestic violence, and ensure effective and full implementation of the existing laws and the national strategies adopted to that end, including the National Programme of Family Violence Prevention for the period 2009–2014. The Committee also recommends that the State party accelerate the adoption of the draft Marriage and Family Act, which prohibits corporal punishment of children in the home (see concluding observations of the Committee on the Rights of the Child, CRC/C/15/Add.230, para. 40). Furthermore, the State party is encouraged to conduct broader awareness-raising campaigns and training on domestic violence for law enforcement agencies, judges, lawyers and social workers who are in direct contact with the victims and for the public at large.
Trafficking: The Committee welcomes the amendments of the Penal Code introducing human trafficking as a crime and increasing the punishment for such acts as well as the policies aiming at raising awareness, protecting victims and prosecuting perpetrators. However, the Committee remains concerned that trafficking of women for prostitution continues to be a problem in Slovenia and that measures to protect and assist victims are project-based and not institutionalized and regrets the lack of information on the number of cases where the victims received redress, including compensation (arts. 2, 4 and 16). (Paragraph 16).
The State party should strengthen its efforts to combat trafficking in persons, especially in women and children, in particular by:
(a) Continuing its efforts to raise awareness for all law enforcement personnel, judges and prosecutors on trafficking in persons;
(b) Prosecuting perpetrators under the relevant provision of the Penal Code and ensuring that all victims of trafficking obtain effective redress, including compensation and rehabilitation; and
(c) Improving the identification of victims of trafficking and providing them with appropriate rehabilitation programmes, genuine access to health care and counselling, and institutionalizing such services.
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UN Subcommittee on Prevention of Torture
No visits undertaken.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
Ratified in 2008, but not yet reported.
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UN Committee on Enforced Disappearance
Signed in 2007, but not yet ratified.